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HomeMy WebLinkAbout20211334 Ver 2_ePCN Application_20230323DWR Division of Water 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: 9/8/2021 BIMS # Assigned 20211334 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Central Office - (919) 707-9000 Information for Initial Review la. Name of project: Intersection Improvements at SR 2320 and Shepard School Road 1a. Who is the Primary Contact?* Chris Ray 1b. Primary Contact Email: * cray@townofzebulon.org Date Submitted 3/23/2023 Nearest Body of Water Beaverdam Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.838580 -78.314786 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Version#* 2 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Rob Ridings:rob.ridings@ncdenr.gov 1c. Primary Contact Phone: * (919)269-5285 8 Is this project a public transportation project?* Yes No 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 1b. 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 1h. 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. Name(s) on recorded deed: The Town of Zebulon intends to acquire right-of-way prior to construction. A table listing current property owners is included in Appendix C. 2b. Deed book and page no.: 2c. Contact Person: Chris Ray 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 450 East Horton Street Address Line 2 City Zebulon Postal / Zip Code 27597 2e. Telephone Number: (919)269-5285 2g. Email Address:* cray@townofzebulon.org 3. Applicant Information (if different from owner) 3a. Name: Chris Ray 3b. Business Name: Town of Zebulon 3c.Address Street Address 450 East Horton Street Address Line 2 city Zebulon Postal / Zip Code 27597 3d. Telephone Number: (919)269-5285 3f. Email Address:* cray@townofzebulon.org 4. Agent/Consultant (if applicable) 4a. Name: Caleb Sullivan 4b. Business Name: WSP USA 4c.Address Street Address 1001 Morehead Square Drive Address Line 2 Suite 610 City Charlotte Postal / Zip Code 28203 4d. Telephone Number: (980)701-3161 4f. Email Address: caleb.sullivan@wsp.com C. Proiect Information and Prior Proiect History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town Zebulon, NC State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region North Carolina Country USA 4e. Fax Number: 2. Project Identification 2a. Property Identification Number: 2706303537,2706300773,2706206369, 2706219033, 2706209765, 2706217463, 2706313724,2706213256,2763044997 2c. Project Address Street Address Shepard School Rd, Proctor St, Old Bunn Rd Address Line 2 City Zebulon Postal / Zip Code 27597 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Beaverdam Creek 3b. Water Resources Classification of nearest receiving water: C;NSW 3c. What river basin(s) is your project located in? Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202030101 4. Project Description and History 2b. Property size: 8.4 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 Intersection Improvements at SR 2320 (Proctor Street & Old Bunn Road) and Shepard School Road project limits extend approximately 0.17 mile along Shepard School Road and 0.22 mile along SR 2320. The project area is approximately 8.4 acres in size. A majority of the project area along the existing roadway is developed, including areas of open space and low -density development. There are also areas of cultivated cropland, forest, and maintained grass/forb outside of the existing roadway. There are three places where the project crosses a delineated jurisdictional stream. There are three wetlands that were delineated within the project area. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2021-01055 & DWR Project #20210937 The project had been permitted but construction had not begun prior to permit expiration. 4f. List the total estimated acreage of all existing wetlands on the property: 0.31 4g. List the total estimated linear feet of all existing streams on the property: 443 4h. Explain the purpose of the proposed project: * The Town of Zebulon is seeking to improve vehicular and pedestrian safety at the SR 2320 (Old Bunn Road/Proctor Street) and Shepard School Road intersection by adding turn lanes, sidewalks, and pedestrian and traffic signals. The newly installed signals will increase safety at the intersection. There has been a total of 15 crashes at the intersection from 2015 to 2019; a fatal crash occurred at the intersection in 2019. To accommodate the sidewalks and additional lanes, drainage improvements are also being proposed. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project design is the same as the previously permitted design with the exception of Impact Site S1, as described below Shepard School Road (-L-) is proposed to be widened from two lanes to four lanes. The four lanes will include a median lane with turning lanes on each side, and a single lane traveling in the opposite direction. Curb and gutter will be installed on both sides of the road. Catch basins are proposed along the curb and gutter and will tie into an existing 30" reinforced concrete pipe (RCP) -III near Station 14+40. On the other side of the road, the 30" RCP will be collared and extended to the proposed roadway fill slope to accommodate the road widening. SR 2320 (-Y-) is also proposed to be widened from two lanes to four lanes. The four lanes will include a median lane with turning lanes on each side, and a single lane traveling in the opposite direction. A proposed 48" RCP -III cross pipe will replace the existing 30" RCP. The new 48" RCP -III will be longer than the existing 30" RCP to accommodate the road widening. Curb and gutter will be installed on both sides of the road. North of the intersection, drainage transitions from curb and gutter to an open shoulder/ditch section. The project also includes new 5' sidewalks along Shepard School Road and SR 2320. South and east of the intersection, the existing 4' sidewalk will be removed due to road widening. A new 5' sidewalk will be installed along the road where it will be widened and tie to the existing sidewalk outside of the project. The intersection improvements will result in unavoidable impacts to jurisdictional Waters of the U.S., as described below. SR 2320: At Impact Site S1, the existing 30" RCP will be replaced by a new 48" RCP and extended. Permanent stream impacts to Stream SB at Site S1 will result from the proposed culvert extension (fill) and bank stabilization at the inlet in this location. Additional stream bank stabilization (previously identified as temporary impacts in the prior permit approval) will also occur as a result of the proximity of the roadway fill slope to this channel. In addition, the project includes the relocation of an 8" Dominion Energy subsurface gas line within Impact Area S1 (not included in the prior permit approval). The gas line will cross the jurisdictional stream perpendicularly immediately upstream of the inlet of the proposed 48" culvert extension, and within the footprint of the previously approved channel stabilization impacts. The gas line crossing of the stream will be installed by open cutting the channel and back filling the trench. Stream impacts associated within this gas line installation will be contained wholly within the previously approved channel stabilization impact area (Site S1), therefore, the gas line will not result in additional permanent loss of waters of the U.S. The gas line relocation will occur prior to the culvert extension. The construction corridor for the gas line relocation will be limited to a width of 30 feet. Any temporary channel bottom impacts associated with the gas line installation or stream bank stabilization will be restored to preconstruction contours. At Impact Site S2, on the opposite side of the road from Site S1, permanent stream impacts to Stream SB will result from the proposed 48" RCP that will replace and extend past the existing 30" RCP (fill) and bank stabilization at the outlet in this location. Shepard School Road: On the east side of the road at Impact Site W1, temporary fill impacts to Wetland WC will be necessary to allow equipment access for roadway construction. No permanent wetland impacts are proposed at this location. At Impact Site S3, on the west side of the road, permanent stream impacts (fill) to Stream SA will result from the proposed 30" RCP extension that will be required for the road widening. Bank stabilization proposed at the outlet of the extended culvert will result in permanent stream impacts along Stream SA. At Site S4, north of the intersection, a jurisdictional roadside ditch that runs parallel to Shepard School Road is proposed to be filled to accommodate the road widening. The changes at Site S1 will not result in any changes to the previously permitted stream buffers. Equipment used to construct the project may include but are not limited to bulldozers, backhoes, tracked excavators, paving equipment, and graders. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: A signed JD was issued on 1/13/2022. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-01055 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Amanda Johnson, PWS Agency/Consultant Company: WSP USA Other: 6. Future Project Plans 6a. Is this a phased project?* Yes No O Unknown 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? 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 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. * 2d. W. name 2e. Forested * �r", . Type of Jurisdicition * ) 2g. Impact area W1 Construction Easement T Small -Basin Wetland Wetland WC (Impact Site W1) E Both 0.020 (acres)]- 2g. Total Temporary Wetland Impact 0.020 2g. Total Wetland Impact 0.020 2g. Total Permanent Wetland Impact 0.000 21. Comments: The wetland is a stormwater basin that is periodically mowed. Some of the area at the inlet of culvert where the temporary impacts are being proposed is covered with riprap. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact ❑ (?) Jurisdiction* liength* S1 Channel Stabilization Permanent Bank Stabilization J Stream SB (Impact Site S1) Perennial Both 16 Averege (feet) (linear feet) S2 Rip rap at Embankment Permanent Bank Stabilization J Stream SB (Impact Site S1) Perennial Both 49 Average (feet) (linear feet) S3 Rip rap at Embankment Temporary Bank Stabilization J Stream SB (Impact Site 1) Perennial Both Average (feet) (linear feet) S4 t Pipe Replacement and Permanent Culvert Stream SB (Impact Site S1) Perennial Both Extension Ex Average (feet) (linear feet) S5 48" Pipe Replacement and Permanent Culvert Stream SB (Impact Site S2) Intermittent Both 22 Extension Average (feet) (linear feet) S6 48" Pipe Outlet Stabilization Permanent Bank Stabilization J Stream SB (Impact Site S2) Intermittent Both 16 Average (feet) (linear feet) g7 48" Pipe Outlet Stabilization Temporary Bank Stabilization Stream SB (Impact Site S2) Intermittent Both Average (feet) (linear feet) gg 30" Pipe Extension Permanent Culvert Stream SA (Impact Site S3) Intermittent Both 16 Averege (feet) (linear feet) S9 30" Pipe Outlet Stabilization Permanent Bank Stabilization J Stream SA (Impact Site S3) Intermittent Both 2 10 Average (feet) (linear feet) S10 30" Pipe Outlet Stabilization Temporary Bank Stabilization Stream SA (Impact Site S3) Intermittent Both Averege (feet) (linear feet) fl Roadway Fill Slope Permanent Fill Ditch DA (Impact Site S4) Jurisdictional Ditch Both 38 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet 38 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 174 23 3i. Total stream and ditch impacts: 197 3j. Comments: Total proposed permanent stream impacts include 45 linear feet of culvert fill impact and 91 linear feet of stream bank stabilization. Total proposed temporary stream impacts include 23 linear feet. Total proposed impacts to a roadside jurisdictional ditch are 38 linear feet. E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The construction easement boundaries were designed at the northern end of the project along Shepard School Road to avoid impacts to the wetlands on either side of the road (Wetlands WA and WB). By not replacing the 30" RCP -III at Impact Site S3, impacts to the Wetland WC (Impact Site W1) will be minimized to temporary fill impacts for roadway construction. Fill slopes were designed to avoid permanent impacts to Wetland WC (Impact Site W1). The construction easement boundaries were adjusted at Impact Site B1 to minimize impacts to the riparian buffer along Stream SB. During the design, 2:1 roadway slopes at stream crossing Impact Sites S1, S2 and S3 were considered but were not determined to be practicable. Roadway slopes within the clear zone adjacent to the paved roadway must be maintained at 4:1 for vehicle recovery requirements, otherwise guardrail is needed which requires wider shoulders. At Impact Sites S1, S2 and S3, it was determined that stream impacts resulting from 4:1 roadway slopes versus 2:1 roadway slopes with a widened shoulder and guardrail would be approximately the same. Therefore, the design includes 4:1 slopes at these impact sites. Near Station -L- 21+50 where Stream SB crosses Shepard School Road, a 3:1 slope is proposed to avoid impacts to the stream. The gas line was designed to cross the jurisdictional stream perpendicularly immediately upstream of the inlet of the proposed 48" culvert extension, and within the footprint of the previously approved channel stabilization impacts at Site S1. Impacts associated within this gas line installation will be contained wholly within the previously approved channel stabilization impact area. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All construction activities will be performed in accordance with the applicable requirements of the 2018 NCDOT Standard Specifications for Roads and Structures. The erosion and sediment control plans will comply with the regulations set forth by the NCG-010000 General Construction Permit. Erosion control devices such as silt fence and matting will also be utilized to minimize water quality impacts In locations where temporary construction activities will take place in the stream, the stream bed will be restored to pre -construction contours. Other disturbed areas will be stabilized with vegetation by seeding and mulching. Temporary stream crossings will occur in the location of the permanent stream impacts. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Stream mitigation would not be required for this proposed project since total permanent stream impacts are less than 0.02 acre. Because total permanent impacts that would result in a loss of Waters of the US (WOTUS) are 0.008 acre, mitigation is not proposed for this project. There are no permanent impacts to wetlands and therefore wetland mitigation will not be required for this proposed project. Because impacts will not exceed 300 linear feet per perennial stream or 0.10 acre of wetlands, mitigation will not be required by NCDWR for 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No Comments: Because this project is on NCDOT owned roadway, the project will be administered through NCDOT and all design has been done to their standards. 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 1b. 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:* The Town of Zebulon is providing the 100 % funding for this project. No NCDOT, FHWA, or other state/federal grants will be funding this project. a 8 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. The purpose of the project is to increase vehicular and pedestrian safety by adding turn lanes, sidewalks and traffic signals. These improvements are not anticipated to increase development in the area. 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 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8? Yes No Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? WSP USA contacted the US Fish and Wildlife Service through the Information for Planning and Consultation (IPaC) system to retrieve an official species list of threatened and endangered species protected under the Endangered Species Act (ESA) for the proposed project. Eight species are listed: red - cockaded woodpecker (endangered), Neuse River waterdog (threatened), Carolina madtom (endangered), Atlantic pigtoe (proposed threatened), Dwarf wedgemussel (endangered), Michaux's sumac (endangered), Monarch butterfly (candidate), and Tricolored bat (proposed endangered). No critical habitat was shown to occur within the project area. No records of protected species within or within one mile of the project were shown in the NC Natural Heritage Program (NCNHP) report generated on 1/24/23. Habitat surveys were conducted by WSP USA for the endangered and threatened listed species on 4/7/21. No suitable habitat was present in the project area; therefore, the project will have no effect on the ESA -protected species. Suitable habitat is not present for red -cockaded woodpecker because no mature pine stands are present in the project area. Suitable habitat is not present for Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and dwarf wedgemussel due to the presence of intermittent streams and low flows and low dissolved oxygen in perennial streams. The perennial sections of Stream SB are directly connected to impoundments outside of the project area, which would have low dissolved -oxygen levels. The perennial segments had low flow, sections of shallow water depths during a period of non-dry/non-drought conditions, evidence of sedimentation, and predominantly sandy streambeds. Iron oxidizing bacteria were observed throughout the perennial stream segments, suggesting slow/stagnant sections of water. The intermittent stream segments would not provide suitable habitat because the species are all aquatic and require water to survive. Suitable habitat is not present for Michaux's sumac because the project area consisted of densely forested areas, wetlands with open canopies, agricultural fields, regularly mowed grassy roadway right-of-way, and a powerline corridor overgrown with dense thickets for blackberry shrubs. The IPaC official species list and NCNHP report are included in an appendix for this permit application. 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? National Oceanic and Atmospheric Essential Fish Habitat Mapper 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? * Initial review included the HPOWEB 2.0 web mapping application. WSP USA submitted an environmental review request letter to the North Carolina State Historic Preservation Office (SHPO) on 9/7/21. In a response letter received on 10/12/21, SHPO stated no historic resources would be affected by the project. The response letter is included in an appendix for this permit application. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8c. What source(s) did you use to make the floodplain determination?" The flood.NC.gov Property Risk web mapping application. 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 Intersection Improvements at SR 2320 and Shephard School Road ePCN Cover Letter and Appendices_032323.pdf 8.94MB File must be PDF or KMZ Comments Please see the attached cover letter and appendices for additional information. 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: Caleb Sullivan Signature �al� �ul/ice Date 3/23/2023 a