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HomeMy WebLinkAbout20240433 Ver 1_ePCN Application_20240319DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 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. Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned Version# * 20240433 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Rob Ridings: rob. ridings Information for Initial Review 1a. Name of project: Intersection improvements at NC 98 (Wait Avenue) and SR 44651SR 1106 (Moores Pond Road) 1a. Who is the Primary Contact?* Christopher A. Murrray 1b. Primary Contact Email: * camurray@ncdot.gov Date Submitted 3/19/2024 Nearest Body of Water UT to Little River Basin Nauss Water Classification 27-57-(1); WS-II;HQW,NSW Site Coordinates Latitude: Longitude: 35.962906-78.435272 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Franklin Wake Is this a NCDMS Project Yes No Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (919)317-4732 O 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: W-5805E WBS # (?) 48950.1.6 la. 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: NC Department of Transportation 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2c. Contact Person: 2d. Address Street Address Intersection of NC 98 (Wait Avenue) and SR 4465/SR 1106 (Moores Pond Road) Address Line 2 City Wake Forest Postal / Zip Code 27587 2e. Telephone Number: (919)317-4732 2g. Email Address:* camurray@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Wake Forest 2. Project Identification State / Province / Region NC Country USA 2f. Fax Number: 2a. Property Identification Number: 2b. Property size: 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: UT to Little River 3b. Water Resources Classification of nearest receiving water: 27-57-(1); WS-II;HQW,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. 030202011501 4. Project Description and History State / Province / Region Country 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: Agricultural land, lumber yard/mill and wooded land. 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: 0.02 4g. List the total estimated linear feet of all existing streams on the property: 100 4h. Explain the purpose of the proposed project: * Purpose is to improve safety at the intersection of NC 98 and Moores Pond Road. 4L Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Construction of a roundabout at the intersection of NC 98 and Moores Pond Road. Equipment includes bulldozer, grader, back hoe, excavator, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O Unknown Comments: Delineated by NCDOT Division 5 Environmental staff. 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 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? 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 Wetland A -Site 1 2a1 Reason (?) Fill 2b. Impact type* (?) P 2c. Type of W. * Headwater Forest 2d. W. name Wetland A 2e. Forested"` Yes 2f. Type of Jurisdicition Both 2g. Impact area 0.004 (acres) Wetland A -Site 1 Mechanized Clearing P Headwater Forest Wetland A Yes Both 0.015 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.019 2i. Comments: Mitigation provided for all wetland permanent impacts (fill and mechanized clearing). 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.019 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of width 3h. Impact (?) Jurisdiction* length* S1 Impact due to longer pipe Permanent Fill UT to Little River Intermittent Both 44 Aveage (feet) (linear feet) S2 Water management Temporary Dewatering UT to Little River Intermittent Both 25 Average (feet) (linear feet) S3 Channel improvement -Rip Permanent Other UT to Little River Intermittent Both 2 27 Rap on streambanks and Average (reeq (linear feet) countersunk rip rap in flow line 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 71 31. Total temporary stream impacts: 25 3i. Total stream and ditch impacts: 96 3j. Comments: Stream impact and mitigation discussed in an email to Eric Alsmeyer (USACE) on 2/21/24. Mitigation is provided for permanent stream loss due to longer pipe structure. No mitigation provided for dewatering or construction of channel improvement at inlet and outlet with countersunk rip rap in the flow line of the channel improvement. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Road Crossing P UT to Little River No 6,599 5,370 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 6,599.00 5,370.00 Zone 1 Zone 2 Total combined buffer impacts: 6,599.00 5,370.00 6i. Comments: Impacts are considered Allowable. E. Imaact Justification and Mitiaation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Project design minimized to avoid wetland and stream along Moores Pond Road directly outside of the construction limits (ROW + Easements) 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: On -site inspection by construction inspectors, Division Environmental Officer and Division Environmental Specialists. Efforts will be made to reduce mechanized clearing impacts in wetlands and temporary stream impacts due to dewatering. 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 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) 4c. If using stream mitigation, what is the stream temperature: 44 warm 4e. Riparian wetland mitigation requested: 4d. Buffer mitigation requested (DWR only): (acres) (square feet) 0.02 a 4f. Non -riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: 0 acres) 4h. Comments See attached Mitigation Acceptance Letter. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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: Project will comply with the NPDES permit. G. Supplementary Information 1. Environmental Documentation la. 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: * Review not required for this project. 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. Intersection improvements at the site will not result in any change in development. 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 Sc. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved? Yes No G Unknown What Federal Agency is involved? FHWA 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? Review of IPaC information, Review of Identified Stream Reach and Carolina Madtom/Neuse River waterdog PBO and freshwater mussels. Survey for Michaux's sumac during the optimal survey period. 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? Mapping 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? Review by NCDOT archaeologists and historic structure specialists. 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? Mapping. 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 W-5805E FINAL a-PCN Permit application PDF.pdf 50.86MB Eng_Form_6247_2023Nov17.pdf 61.77KB File must be PDF or KMZ Comments See attached files. 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: Christopher A. Murray Signature 0*4ffPAW,I1L.tA6" Date 3/19/2024