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HomeMy WebLinkAbout20221781 Ver 1_ePCN Application_20221215DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 8/1/2022 BIMS # Assigned" 20221781 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Chestnut Parkway 1a. Who is the Primary Contact?* Todd Huntsinger 1 b. Primary Contact Email: tdh@indiantrail.org Date Submitted 12/15/2022 Nearest Body of Water South Fork Crooked Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.0761907 A. Processing Information County (or Counties) where the project is located: Union Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Longitude: -80.6778542 Version# * 1 What amout is owed? $240.00 $570.00 Select Project Reviewer* Amy Chapman:eads\aschapman:Amy.Chapman@ncdenr.gov 1c. Primary Contact Phone:* (704)821-5401 Is this a NCDOT Project?* Yes No 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?"` Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 14 - Linear transportation le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Nari on recorded deed: Various (see plans) - Right of Way to be acquired by Town of Indian Trail 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: Todd Huntsinger 2d.Address Street Address 315 Matthews -Indian Trail Road Address Line 2 City State/ Province Region Indian Trail NC Postal / Zip Code Country 28079 USA Yes No Yes No 2e. Telephone Number: (704)821-5401 2g. Email Address: tdh@indiantrail.org 4. Agent/Consultant (if applicable) 4a. Name: Robert Crowther 4b. Business Name: Carolina Ecosystems, Inc. 4c.Address Street Address 3040 NC Hwy 42 West Address Line 2 City Clayton Postal / Zip Code 27520 4d. Telephone Number: (804)761-2455 4f. Email Address:* rob.crowther@carolinaeco.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Indian Trail 2. Project Identification 2a. Property Identification Number: Various - see plans 2c. Project Address Street Address 4009 Old Monroe Road Address Line 2 City Indian Trail Postal / Zip Code 28079 3. Surface Waters 3a. Name of the nearest body of water to proposed project: South Fork Crooked Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050702 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 44.47 State / Province / Region NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The proposed project would occur primarily in forested and agricultural areas within Indian Trail. The surrounding area consists largely of suburban development including residential and commercial areas. South Fork Crooked Creek flows north to south through the proposed project footprint with several floodplain wetlands located along its reach. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.191 4g. List the total estimated linear feet of all existing streams on the property: 575 4h. Explain the purpose of the proposed project:' The proposed Chestnut Parkway extends from Old Monroe Road to Gribble Road. This new alignment will connect the NCDOT U-5808 project to existing Chestnut Parkway, and is anticipated to alleviate future increases in traffic in the Town of Indian Trail during peak times. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed project involves the construction of 0.57 mile of new roadway, including installation of two 14'x8' reinforced concrete box culverts (RCBC) for the purpose of crossing South Fork Crooked Creek. The roadway would have four 11' lanes with a 6' concrete sidewalk on both sides. A typical curb and gutter will be used to control storm water for the project. There is one impact site where permanent and temporary surface water impacts will occur due to the location of the proposed culvert and floodplain bench construction and stabilization Sediment and erosion control measures would be implemented according to NC requirements, and approved by NCDEMLR prior to implementation. Jurisdictional areas adjacent to construction areas would be clearly marked with protection fencing or other similar methods to avoid inadvertent encroachment. Copies of permits and impact areas would be provided to the prime contractor and all subcontractors working in or near jurisdictional areas. Land clearing would take place along with the installation of erosion control devices. Construction would be accomplished using typical equipment including excavators, backhoes, graders, and dump trucks. Additional standard equipment may also be used as required. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: Field verification on 01/12/2017; delineation concurrence on 01/19/2017 by Crystal Amschler (USACE) 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: See 5a above. 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Rob Crowther Agency/Consultant Company: Carolina Ecosystems, Inc. Other: 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? The USACE (Monte Matthews) determined that this project is independent from U-5808 and the original Chestnut Parkway projects via communication with Michael Turchy (NCDOT EAU) on 11/5/19. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* ��30. Stream Type* 3f. Type of 3g. S. width 3h. Impact E (?) Jurisdiction* length" S7 Stream Crossing Permanent Culvert South Fork Crooked Creek Perennial Corps 118 Average (feet) (linear feet) S2 Stream Crossing Temporary Culvert South Fork Crooked Creek Perennial Corps 106 Average (feet) (linear feet) Stream Crossing 9 Permanent Bank Stabilization South Fork Crooked Creek Perennial Corps P t;;;J�:]_ 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 215 106 31. Total stream and ditch impacts: 321 3j. Comments: Streambank stabilization will consist of class 1 rip rap being placed along the banks of South Fork Crooked Creek at the inlet and outlet of the proposed culvert. Riprap will not be placed in the existing bed and will not result in permanent loss of stream channel. The proposed culvert construction would result in the permanent loss of 118 linear feet of stream. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed alignment is designed to cross South Fork Crooked Creek at an approximately perpendicular angle. All wetlands located in the project vicinity are being avoided entirely. The proposed culvert to be placed in South Fork Crooked Creek would allow for the entire existing stream channel to flow through one 14'x8' RCBC, while the second RCBC will allow for hydraulic passage during overbank events. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A temporary diversion channel would be utilized to dewater South Fork Crooked Creek within the proposed impact areas during construction (see attached roadway plans). Best management practices and sedimentation and erosion control methods will be used throughout construction. No equipment or maintenance activities will occur adjacent to jurisdictional areas, with the exception of addressing emergency equipment failure. All temporary impacts to jurisdictional streams during construction will be returned to their original configuration and seeded in a timely manner for stabilization. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: RES Yadkin 05 Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 236 3c. Comments Stream mitigation credit Statement of Availability is attached. Payment for mitigation credits would be completed prior to construction of the proposed project. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The project is located in the Yadkin -Pee Dee River Basin and outside of the Goose Creek Watershed, and therefore is not subject to riparian buffer regulation administered by NCDWR. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No u 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State State Stormwater Programs Phase II HWQorORW Coastal Counties Other NCDOT Stormwater Program Comments: The North Carolina Department of Transportation (NCDOT) and the Town of Indian Trail have approved the proposed roadway designs including stormwater drainage plans. NCDOT will assume responsibility for roadway maintenance, including that of the stormwater system, upon completion of the proposed project. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?" Yes No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * Local government funds will be used to construct the proposed project, which does not meet the criteria for the preparation of an environmental document under SEPA or NEPA. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. Undeveloped properties along the proposed alignment are already accessible from crossroads, primarily Gribble Road. Any additional development that would result from the proposed project would be subject to stringent local and state ordinances including stormwater management and sediment and erosion control. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? In a letter dated July 23, 2019 (attached), the USFWS concurred that the project would have no effect on the federally endangered Carolina heelsplitter, Schweinitz's sunflower, and Michaux's sumac. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper. Accessed September 16, 2022. https://www.habitat.noaa.gov/apps/efhmapper/ 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPOWEB Map Service http://gis.ncder.gov/hpoweb/ There are no historic properties within the project footprint. However there are two properties in the project area that are survey only and not listed in the National Register (UN1196 House and UN 1195 House). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: A No -Rise application has been approved for this project. 8c. What source(s) did you use to make the floodplain determination?* North Carolina Flood Risk Information System hftps://fris.nc.gov/fris/Home.aspx?ST=NC Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document ChestnutParkway_PCN_Attachments.pdf 110.58MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Robert Crowther Signature ��CGfal��iON�bfP.G Date 12/15/2022