HomeMy WebLinkAbout20230726 Ver 1_ePCN Application_20230525DW R
DHlsloo 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:
4/16/2022
BIMS # Assigned
20230726
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Ryan Conchilla: ryan. conch it la@ncdenr.gov
Information for Initial Review
1a. Name of project:
U-5756 NC Hwy 5 Widening
1a. Who is the Primary Contact?*
Art C. King
1b. Primary Contact Email: *
acking@ncdot.gov
Date Submitted
5/25/2023
Nearest Body of Water
Aberdeen Creek
Basin
Lumber
Water Classification
C
Site Coordinates
Latitude:
35.141457
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Moore
Is this a NCDMS Project
Yes No
Longitude:
-79.449305
Version#*
1
Reviewing Office*
Central Office - (919) 707-9000
1c. Primary Contact Phone:*
(910)773-8015
Is this project a public transportation project?*
Yes No
Is this a NCDOT Project?*
Yes No
(NCDOT only) T.I.P. or state project number:
U-5756
WBS # (1)
50171.1.1
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
Regional General Permit (RGP) Number:
RGP Numbers (for multiple RGPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
201902350 - Work associated with bridge construction, widening, replacement, and
interchanges
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 AgentlConsultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
NCDOT Highway Division 8
2b. Deed book and page no.:
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
121 DOT Drive
Address Line 2
city
Carthage
Postal / Zip Code
28327
2e. Telephone Number:
(910)773-8000
2g. Email Address:*
acking@ncdot.gov
3. Applicant Information (if different from owner)
3a. Name:
Art C. King
3b. Business Name:
3c. Address
Street Address
121 DOT Drive
Address Line 2
city
Carthage
Postal / Zip Code
28327
3d. Telephone Number:
(910)773-8015
3f. Email Address:*
acking@ncdot.gov
4. Agent/Consultant (if applicable)
4a. Name:
Art C. King
4b. Business Name:
4c.Address
Street Address
121 DOT Drive
Address Line 2
City
Charthage
Postal / Zip Code
28327
4d. Telephone Number:
(910)947-3873
0. Email Address:*
acking@ncdot.gov
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Aberdeen/Pinehurst
2. Project Identification
State / Province / Region
NC
Country
Moore
2f. Fax Number:
(910)947-3873
State / Province / Region
NC
Country
Moore
3e. Fax Number:
(910)947-3873
State / Province / Region
NC
Country
Moore
4e. Fax Number:
8
2a. Property Identification Number:
2b. Property size:
40.6
2c. Project Address
Street Address
NC Hwy 5 (From US 1 in Aberdeen to Trotter Dr / Blake Blvd. Pinehurst)
Address Line 2
city
Aberdeen
Postal / Zip Code
28315
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Aberdeen Creek
3b. Water Resources Classification of nearest receiving water:'
C
3c. What river basin(s) is your project located in?
Lumber
3d. Please provide the 12-digit HUC in which the project is located.
030402030202
4. Project Description and History
State / Province / Region
NC
Country
Moore
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: *
A two-lane road in a mixed -use area consisting of commercial, residential and public use areas. The existing roadway is restricted on one side by railroad right of way and tracks that
parallel the road for several miles.
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:
0.2 acres
4g. List the total estimated linear feet of all existing streams on the property:
135 ft (non -wetland waters)
4h. Explain the purpose of the proposed project:*
To relieve traffic congestion and improve safety along NC Highway 5 in the Aberdeen /Pinehurst area of Moore County NC. The project will provide additional travel and turn lanes to
improve traffic flow on a currently congested roadway.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The current roadway will be expanded from 2 lanes to a four -lane divided highway with turn lanes and improved traffic signaling. The roadway as it currently exists already has significant
traffic volume and commercial development along its route.
Anticipated equipment to be used will include cranes, dozers. motor graders, track hoes, dump trucks, paving equipment, compactors, water carriers/sprayers
The proposed project has both logical termini and independent utility. The project will begin at US 1-15-501/NC 211 in Aberdeen. This point was chosen as the southern project terminus
because traffic on existing NC 5 decreases east of US 1-15-501/NC 211. The project will end at Trotter Drive/Blake Boulevard in Pinehurst. The project ends at this location because
existing NC 5 north of Trotter Drive/Blake Boulevard is already a three -lane roadway. The project is a worthwhile expenditure of funds and provides a transportation benefit even if no other
improvements are made in the area.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No
Comments:
conducted 5/8/2018
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-2018-01184
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): J. Harbour
Agency/Consultant Company: Terracon Consultants, Inc.
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
July 16, 2018 by Andrew Williams USACE.
6. Future Project Plans
Ga. 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?
None anticipated.
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
1 (WA)
2a1 Reason (?)
Widening
2b. Impact type* (?)
P
2c. Type of W.
Unknown
2d. W. name
unknown
2e. Forested*
Yes
2f. Type of JurisdicitiI
?)
Both
2g. Impact
area *
0.120
(acres)
1 (WA) ]Hand
clearing
T
Unknown
unknown
Yes
Both 14=1
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.020 0.120
2g. Total Wetland Impact
0.140
21. Comments:
Unavoidable impact due to the location of the existing railroad right of way that requires that the widening has to be done on one side of the roadway that
impact the wetland.
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 minimum amount of widening is being done at the location of the wetland impact to provide for a safe roadway and accommodate future anticipated
road usage.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The fill material will be limited to only the amount needed to build the lane and shoulder section. All fill in the wetland will be separated and done in the
dry in order not to impact the remaining wetland area.
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):
D W R 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
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
NA
4d. Buffer mitigation requested (DWR only):
(square feet)
NA
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
NA
0
V
4f. Non -riparian wetland mitigation requested:
(acres)
0.1
4h. Comments
ILF attached.
4g. Coastal (tidal) wetland mitigation requested:
(acres)
NA
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
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:
There is no direct connection between the isolated wetland impact area and a jurisdictional stream in the Lumbar River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
Comments:
Stormwater management plan attached.
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
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?
Yes No
Comments:
EA FONSI
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.
Widening is being done to address an ongoing traffic flow issue. Development in the area is already well established.
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.
Raleigh
5d. Is another Federal agency involved?
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NCDOT Environmental Staff, field survey
Environmental Services Inc., field survey
USF&W Website
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?
USF&W
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?
NC SHPO
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?"
FEMA Flood mapping
NCDOT Hydraulics staff review
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 dreg and drop files here to attach document
18-04-0007_NoHistoricProperties.pdf
550.56KB
AR18-04-0007NoSitesPresent.pdf
11.57MB
ILF Accept_U-5756_Div 8.pdf
277.02KB
U-5756 Final CIA.pdf
31.06MB
U-5756 NC 5_FONSI.pdf
33.49MB
U-5756 NRTR 2021 Update _Optimized.pdf
8.26MB
U5756_Permit Drawings_20230518.pdf
2.96MB
U5756_Permit Drawings _20230518_highlighted.pdf
798.11KB
U5756_Permit Drawings_20230518_highlighted_con.pdf
890.2KB
U5756_Wetland Determination Data Forms.pdf
484.42KB
U-5756_HYD_SMPv3.01_20230426_(Dec_2021).pdf
961.17KB
File must be PDF or KMZ
Comments
Statement of Logical Termani:
The proposed project has both logical termini and independent utility. The project will begin at US 1-15-501/NC 211 in Aberdeen. This point was chosen as the southern project terminus
because traffic on existing NC 5 decreases east of US 1-15-501/NC 211. The project will end at Trotter Drive/Blake Boulevard in Pinehurst. The project ends at this location because
existing NC 5 north of Trotter Drive/Blake Boulevard is already a three -lane roadway. The project is a worthwhile expenditure of funds and provides a transportation benefit even if no other
improvements are made in the area.
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");
O
• 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:
Art C. King
Signature
GfC- C)ry
Date
5/25/2023