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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