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HomeMy WebLinkAbout20191385 Ver 1_PCN Form Submission_20191009DWR MOM— of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 21nitial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Oange only if needed. BIMS # Assigned 20191385 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: West Wilson Avenue Improvements 1a. Who is the Primary Contact?* David G. Cooper 1b. Primary Contact Email:* dcooper@vhb.com Date Submitted 10/9/2019 Nearest Body of Water Reeds Creek Basin Catawba; Yadkin-PeeDee Water Classification WS-IV;B Version# * 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Donna Hood:eads\drhood 1c. Primary Contact Phone:* (919)741-5784 Site Coordinates Latitude: Longitude: 35.580185-80.828897 FA. Processing Information U County (or Counties) where the project is located: Iredell Is this project a public transportation project?* r Yes r No Is this a NCDOT Project?* r Yes r No 1a. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwde Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified bythe Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 14 - Linear transportation le. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - Express r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?" f Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes IT No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project? r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Town of Mooresville, NC 2b. Deed book and page no.: 2c. Responsible party: Ryan Rase, Interim Town Manager 2d.Address Street Address 413 North Main Street Address Line 2 city Mooresville Postal / Zip Code 28115 2e. Telephone Number: (704)799-3610 2g. Email Address:" rrase@mooresvillenc.gov State / Ftmince / Region NC Country USA 2f. Fax Number: r Yes r No r Yes r No c• Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (K appropriate) 1c. Nearest municipality/town: Mooresville 2. Project Identification 2a. Property Identification Number: Multiple, ROW/easements obtained 2c. Project Address Street Address Address Line 2 City Postal / Zip Cade 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Reeds Creek 3b. Water Resources Classification of nearest receiving water:* WS-IV;B 3c. What river basin(s) is your project located in?* Catawba Yadkin -Pee Dee 3d. Please provide the 12-digit HUC in which the project is located. 030501011203 (Catawba/all aquatic resources on project) and 030401050106 (Yadkin) 4. Project Description and History 2b. Property size: 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:* The project area consists of a roadway through a mix of residential development, commercial areas, and a golf course. All aquatic resources are located in the Catawba basin; however, the project itself extends into the Yadkin basin. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r- Yes r- No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Fig1_StudyAreaUSGS.pdf 2.58MB 4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Fig3_SoilSurvey_SEC.pdf 2.45MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.01 acre 4g. List the total estimated linear feet of all existing streams on the property: 1,060 If 4h. Explain the purpose of the proposed project:* The project proposes to improve West Wilson Avenue by adding a pedestrian multi -use path, curb and gutter, and drainage improvements. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* A 10' wide multi -use path will be constructed on the south side of W. Wilson Avenue from station 24+00.00 west of Lowrance Avenue to station 80+50.00 at the project terminus at S. Broad Street. The path will diverge from the roadside in the vicinity of Reeds Creek, will cross the creek with a bridge, and will turn north parallel to Lowrance Avenue. The path will then cross a tributary to Reeds Creek (Stream A), which will incorporate an extension of a 66" RCP to facilitate this crossing, and will continue eastward, again crossing this tributary Stream A with a bridge (no impacts proposed at this crossing). The path will then converge with the roadside and continue eastward at 10' wide before transitioning to an 8' wide path at Hillside Drive. The path will tie to ebsting 5' wide sidewalk at the intersection of W. Wilson Avenue and S. Academy Street. Curb and gutter and drainage improvements will be incorporated at various locations throughout the project. Typical roadway construction equipment will be utilized during construction. Bank stabilization Will utilize Class 1 rip rap. 4j. Please upload project drawings for the proposed project. West Wilson Updated ROW Plans_20191008.pdf 24.82MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* F Yes r No f Unknown Comments: PJD request was submitted and no USACE site visit was conducted. No PJD letter received to date.The original PJD request is attached for reference. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Cooper / Heather Smith Agency/Consultant Company: VHB (formerly Ecological Engineering) Other: 5d1. Jurisdictional determination upload Combined PreJDRequest_W_WilsonAve.pdf 6. Future Project Plans 24.06MB 6a. Is this a phased project?* r Yes r 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 la. Where are the impacts associated with your project? (check all that apply): F Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 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 F (?) Jurisdiction* length* S1 Bridge Temporary Dewatering Reeds Creek (Site 1) Perennial Both 20 36 Aver�e(fed) (linear fed) S2 Bride Permanent 9 Bank Stabilization Reeds Creek Site 1 ( ) Perennial Both 20 17 Average (feet) (linear feet) S3 Dissipator pad Temporary Dewatering SD (Site 2) Perennial Both 47 AveraC7e (feet) (linear feet) � Ri ra stabilization Permanent Riprap Bank Stabilization SD Site 2 ( ) Perennial Both 4 6 Average (feet) (linear feet) SS 66" RCP Permanent Culvert ff(Site 2) Perennial Both 42 Average (fed) (linear feet) S6 66" RCP Temporary Dewatering SA(Site 3) Perennial Both 3Average(Fee) 2(linearfee) S7 66" RCP Permanent Bank Stabilization SA Site 3 ( ) Perennial Both 3 85 Average (feet) (linear fed) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 150 104 3i. Total stream and ditch impacts: 254 3j. Comments: The majority of permanent stream impacts are bank stabilization with Class 1 rip rap. Permanent impacts other than bank stabilization are limited to the wdension of a culvert under Lowrance Ave. to allowfor the pedestrian trail adjacent to the roadway. Permit impact drawings are provided in the miscellaneous attachments. 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: All wetland impacts are avoided. The trail design proposes an additional bridge over Stream A for which no impacts are proposed. The project utilizes already -cleared corridors, where present, to the extent practicable. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to streams will be minimized by dewatering during construction and working in -the -dry. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The majority of the 150 linear feet of permanent impacts are bank stabilization impacts, for which mitigation is not typically required. 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? r Yes r No If no, explain why: The project is located in the Catawba basin, but is not close to the main stem of the Catawba River. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: 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?* r Yes r 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)?* r Yes r No Comments:* This is a Town of Mooresville funded project and does not meet the thresholds for NEPA/SEPA documentation. 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)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The roadway improvements are not expected to increase development in the project vicinity, which is already comprised of residential and commercial development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r' Yes r No r' 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? r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No What Federal Agency is involved? FEMA 5e. Is this a DOT project located within Division's 1-8? r^ Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r^ Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 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.? r^ Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? VHB biologists performed surveys for bald eagle and dwarf -flowered heartleaf. No eagle nests found within 660' of project area. No heartleaf habitat found in project area. Project complies with 4(d) rule for northern long-eared bat. Project will avoid tree clearing to the extent practicable by utilizing eAsting cleared corridors. Due to the project not being federally funded and the action not being undertaken by a federal entity, USFWS did not consult/comment on findings, but Marella Buncick/Asheville office did comment by phone to the consultant David Cooper that the project proponent and its consultant are responsible for ensuring compliance with the ESA. Consultant has performed due diligence surveys and the project will be in compliance with the ESA. Consultation Documentation Upload USFWS_ConcurrenceRequest_20170216.pdf 5.33MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r^ Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Fisheries EFH 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO GIS layers for historical architecture and historic districts show a Study List historic district and two Study List structures near the intersection of W. Wilson Ave. and S. Broad Street. These historic resources are not located in the vicinity of any aquatic resources or any proposed impacts to aquatic resources. Permit action areas are already highly disturbed (eAsting roadways, etc.) and the minor additional work proposed is not expected to result in an impact to important archaeological resources. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: A CLOMR was prepared. Please see attached approval letter (misc. uploads) dated January 11, 2018. 8c. What source(s) did you use to make the floodplain determination?* FEMA FIRM panel 3710465700J. Miscellaneous Comments Permit impact drawings are provided in the miscellaneous attachments. Miscellaneous attachments not previously requested. 17-04-6242R Approval.pdf W Wilson_Hyd_Prm_20191008.pdf 213.02KB 3.74MB Signature m By checking the box and signing below, I certify that: . 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: David G. Cooper Signature 0.�-,C7- 0,*"t Date 10/9/2019