HomeMy WebLinkAbout20191628 Ver 1_PCN Form Submission_20191126DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
6 Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned * Version#*
20191628 1
Is a payment required for this project?*
r No payment required
What amout is owed?*
r Fee received
r $240.00
6 Fee needed - send electronic notification
6 $570.00
Reviewing Office *
Select Project Reviewer*
Central Office - (919) 707-9000
Rob Ridings:eads\rgridings
Information for Initial Review
1a. Name of project:
Mingo Creek Greenway
1a. Who is the Primary Contact?*
Heather Smith
1b. Primary Contact Email:*
hsmith@vhb.com
Date Submitted
11/26/2019
Nearest Body of Water
Mingo Creek
Basin
Neuse
Water Classification
QNSW
Site Coordinates
Latitude:
35.790492
A. Processing Information
County (or Counties) where the project is located:
Wake
Longitude:
-78.490806
Is this project a public transportation project?*
IT Yes r No
Is this a NCDOT Project?*
r Yes IT No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1c. Primary Contact Phone:*
(919)754-5019
U
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the 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 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:
F- 401 Water Quality Certification - E)press
W Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
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
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 r 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 Knightdale
2b. Deed book and page no.:
2c. Responsible party:
William R. Summers- Town Manager
2d.Address
Street Address
950 Steeple Square Ct.
Address tine 2
city
Knightdale
Postal / Zip Code
27545
2e. Telephone Number:
(919)217-2202
2g. Email Address:*
bill.summers@knightdalenc.gov
State / Rwince / Ifgion
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
4. Agent/Consultant (if applicable)
4a. Name:
Heather Smith, LSS
4b. Business Name:
VHB (formerly Ecological Engineering)
4c.Address
Street Address
940 Main Campus Dr
Address Line 2
Suite 500
CRY
Raleigh
Postal / Zip Code
27606
4d. Telephone Number:
(919)754-5019
4f. Email Address:*
hsmith@vhb.com
Slate / province / fiegion
NC
Country
USA
4e. Fax Number:
Agent Authorization Letter*
Signed Agent Authorization Form.pdf 282.75KB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Knightdale
2. Project Identification
2a. Property Identification Number:
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:*
Mingo Creek
3b. Water Resources Classification of nearest receiving water:*
QNSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010705
4. Project Description and History
2b. Property size:
Slate / province / fagion
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 corridor runs along Mingo Creek in the suburban area of Knightdale. It crosses Smithfield Rd and eventually veers away from Mingo Creek to 1st Ave in downtown
Knightdale. The corridor is comprised of sewer and powerline easements, and is wooded along the riparian corridor.
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_Mingo Creek Greenway USGS Vicinity Map Additional Area_USFWS.pdf 2.43MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Fig3_Mingo Creek Greenway Soils SEC.pdf 1.84MB
4f. List the total estimated acreage of all existing wetlands on the property:
1.75 acres
4g. List the total estimated linear feet of all existing streams on the property:
6,300 If
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a greenway trail from Parkside Commons connecting to downtovm Knightdale.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will construct an asphalt greenway and accompanying drainage from Parkside Commons to 1 st Ave. in downtown Knightdale. The greenway will run parallel to Mingo Creek
for the majority of the project. Once the greenway crosses Smithfield Rd. it will turn to the east towards downtown Knightdale. The greenway will utilize a boardwalk to cross Mingo Creek
east of Smithfield Rd. The greenway will require some unavoidable impacts to jurisdictional streams and wetlands and Neuse River riparian buffers. Typical construction equipment will
be used, bulldozers, dump trucks, cranes etc.
4j. Please upload project drawings for the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No C Unknown
Comments:
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): Heather Smith
Agency/Consultant Company: VHB (fomerly Ecological Engineering)
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE (Tasha Alexander) visited the site on July 13, 2017, an official pre -JD was not issued. It was decided the pre -JD would be issued during permitting.
NCDWR visited the site on July 3, 2017 and May 2, 2018. Surface Water Determination Letters 17-183 and 18-140 were issued respectively. They are attached below in the
jurisdictional uploads.
5d1. Jurisdictional determination upload
Approved NBRRO-18-140 NCDWR Letter Mingo Creek Greenway.pdf 5MB
Approved NBRRO-17-183 NCDWR Letter Mingo Creek Greenway.pdf 6.43MB
6. Future Project Plans
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 u
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries [Z Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition*M
2g. Impact
area*
Temporary Fill
T
Headwater Forest
WC
Yes
Both
0.007
(acres)
2
Mechanized Clearing
P
Headwater Forest
WC
Yes
Both
0.006
(acres)
3
Fill
P
Headwater Forest
WE
�No
Both ]0.014
(acres)
5
Mechanized Clearing
P
Riverine Swamp Forest
WH
Yes
Both
0.024
(acres)
6
Fill
P
Headwater Forest
WI
No
Both
0.016
(acres)
6
Mechanized Clearing
P
Headwater Forest
WI
No
Both
0.007
(acres)
Fill
P
Headwater Forest
WB
��Both
0.009
(acres)
Mechanized Clearing
P
Headwater Forest
WB
�
Both
0.002
(acres)
2g. Total Temporary Wetland Impact
0.007
2g. Total Wetland Impact
0.085
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.078
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
❑
(?) 11
Jurisdiction*
length*
S1
60" RCP (Site 1)
Permanent
Culvert
Stream F
Perennial
Both
68
Average (feet)
(linearfeet)
g2
60" RCP (Site 1)
Temporary
Dewatering
fream
Perennial
Both
7Average
28nea
(fee)
fcet)
S3
66" RCP Site 4
( )
Permanent
Culvert
Stream A
Perennial
Both
5
65
Average (feet)
(lir�rfeet)
H
66" RCP (Site 4)
Temporary
Dewatering
Stream A
Perennial
Both
5
23
Average (feet)
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
133
31. Total stream and ditch impacts:
184
3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
F% Neuse
F Catawba
r Goose Creek
C Other
31. Total temporary stream impacts:
51
F- Tar -Pamlico
r Randleman
r Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Allowable (Site 1)
P
Stream F
No
6,144
4,722
Allowable (Site 2)
P
Mingo
No
2,113
2,624
Allowable (Site 3)
P I
Stream A
No
3,545
1,950
Allowable (Site 4)
P
Mingo
No
7,314
5,960
Allowable (Site 5)
P I
Mingo
No
4,302
5,217
Allowable (Site 6)
P
Mingo
No
3,005
4,790
Allowable (Site 7)
P I
Mingo
No
1,915 IF117
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00
0.00
Zone 1
Zone 2
Total Permanent impacts: 28,338.00
30,380.00
Zone 1
Zone 2
Total combined buffer impacts: 28,338.00
30,380.00
6i. Comments:
Greenways are allowable per table of uses in the Meuse Riparian Buffer Rules
Supporting Documentation
Mingo_Creek_Greenway_Wetland_and_SW_Permit _Drawings_11 _20_2019.pdf
Mingo _Creek _G reenway_Buffer_Permit_Drawi ngs_Ha If_Size_11 _26_2019. pdf
E. Impact Justification and Mitigation
1. Avoidance and Minimization
7.44MB
2.48MB
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project avoids the majority of wetlands in the study area. The greenway is utilizing an elevated boardwalk east of Smithfield Rd. The area will be
cleared using mechanized methods but the area will avoid having fill placed in wetlands. Other wetland impacts were located in the narrowest portion
of the wetland, specifically Sites 6 and 7. The culvert associated with Site 4 was decreased in length from 63 feet to 44 feet and a headwall was used
to meet the requirements of Duke Power of having 4:1 slopes within their easement. This design change avoided 19 feet of permanent stream impact.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The mechanized clearing underneath the boardwalk will be limited to area needed to work and the construction of the trail will follow the trail path,
minimizing impacts associated with access to construct.
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 project has minimal impacts to aquatic resources, total permanent wetland impacts are <0.1 acre and total stream impacts are less than 150 linear feet.
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?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SMNT)
r Other SCM that removes minimum 30 % nitrogen
W Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
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:
This is a greenway trail and is considered low density.
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?*
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:*
The project doesn't reach the thresholds for SEPA. The project received a PCE in August 2018 and it is currently being updated to include additional
threatened/endangered species information.
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 area around the trail is already developed with residential housing.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
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.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees 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?
On -site investigation and IPaC. USFWS provided an email stating the project has met Section 7 requirements. See attached below.
Consultation Documentation Upload
[External] Mingo Creek Greenway in Wake Co..pdf 14.29KB
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 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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO was contacted in January 2018 about potential impacts to historical resources. NC SHPO replied in February 2018 stating they are not
aware of any historic resources that would be affected. See attached letter.
7c. Historic or Prehistoric Information Upload
SHPO Letter.pdf 83.34KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Flood Risk Information Systems Panel 1744 and 1745, The trail skirts the outside of the FEMA floodplain and will not encroach on any FEMA mapped
areas.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
DFIRM_NC_3720175400J.pdf 2.01 MB
DFIRM_NC_3720174400J.pdf 2.07MB
Signature u
*
17 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:
Heather Smith
Signature
V---
Date
11/26/2019