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HomeMy WebLinkAbout20200192 Ver 1_PCN Form Submission_20200205DWR mrlslon 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?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned 20200192 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Donna Hood:eads\drhood Information for Initial Review Version#* 1 Reviewing Office* Mooresville Regional Office - (704) 663-1699 1a. Name of project: NC DOT TIP# U-5108 Extension of Northcross Drive to Westmoreland Road Cornelius and Huntersville 1a. Who is the Primary Contact?* Larry Thompson 1b. Primary Contact Email:* 1c. Primary Contact Phone:* Thompson@ncdot.gov (704)983-4400 Date Submitted 2/5/2020 Nearest Body of Water McDowell Creek Basin Catawba Water Classification WS-N Site Coordinates Latitude: Longitude: 35.456395 - 80.875820 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this project a public transportation project?* IT Yes r No Is this a NCDOT Project?* r Yes r No (NCDOT only) T.I.P. or state project number: NC DOT TIP# U-5108 WBS # (?) 42370.1.1 1a. Type (a) of approval sought from the Corps: V W 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 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: 14 - Linear transportation 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 le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 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?* 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 U-5108 - Division 10 - STR - CT 01.pdf 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 Yec r• Nn B. Applicant Information 1d. Who is applying for the permit? r Owner W 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: NCDOT (Linear Transportation Easement) 2b. Deed book and page no.: 2c. Responsible party: NCDOT 2d.Address Street Address WA Address Line 2 N/A (Sty State / Rovince / Region WA N/A Postal / Zip Code Country N/A N/A 2e. Telephone Number: 2f. Fax Number: (704)983-4400 67.1 KB r Yes r No r Yes r No 2g. Email Address:* Ithompson@ncdot.gov 3. Applicant Information (if different from owner) 3a. Name: Larry Thompson 3b. Business Name: NCDOT- Division 10; 3c.Address Street Address NCDOT Highway Division 10, 716 West Main Street Address Line 2 City Albemarle Postal / Zip Code 28001 3d. Telephone Number: (704)983-4400 3f. Email Address:* Ithompson@ncdot.gov State / Rovince / rbgion NC Country USA 3e. Fax Number: C. Project Information and Prior Project History O 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/town: Hu ntersville/Cornelius 2. Project Identification 2a. Property Identification Number: N/A 2c. Project Address Street Address Address tine 2 city Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* McDowell Creek 3b. Water Resources Classification of nearest receiving water:* WS-N 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 03050101 4. Project Description and History 2b. Property size: 183 State / Province / Pegion 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 is located from NC 73 in the Town of Huntersville in Mecklenburg County to Westmoreland Road in the Town of Cornelius in Mecklenburg County. Land use within the project area consists of forestland, residential neighborhoods, and an executive park. The project area is bound to the east by 1-77 and McDowell Creek bisects the project. The project vicinity is comprised of high -density residential areas and a few pockets of undeveloped forestland. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 6 Yes r No r- Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2019-00199 Project History Upload 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) 03b_U5108_Fig2_USGS Topo Map.pdf 1.23MB 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) 03d_U5108_Fig4_NRCS Map.pdf 1.73MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.61 4g. List the total estimated linear feet of all existing streams on the property: 4,334 4h. Explain the purpose of the proposed project:* The purpose of this project is to improve the roadway connectivity within the surrounding area by providing an alternate north -south route for local traffic parallel to Interstate 77, U.S. 21 (Statesville Road), N.C. 115 (Old Statesville Road), and West Catawba Avenue (S.R. 5544). 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project proposes to extend Northcross Drive from NC 73 to Westmoreland Road for approximately 1.0 mile. The proposed extension also includes a 110-foot bridge over McDowell Creek and a roundabout proposed at the intersection of Eagleridge Way Lane and Westermoreland Road. Equipment typical of roadway construction would be used, including cranes, track hoes, back hoes, graders, dump trucks, bulldozers, and pavers. 4j. Please upload project drawings for the proposed project. 07a_U-5108 Permit Drawings (2019-12-02).pdf 2.6MB 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: SAW No.2019-00199 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Chris Tinklenberg, PWS Agency/Consultant Company: Kimley-Horn Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR Date of JD determination is 04/1812019 5d1. Jurisdictional determination upload 04a_SAW No. 2019-00199 U 5108 Signed PJD.pdf 1.47MB 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 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries r Open Waters r Pond Construction 3. Stream Impacts r Buffers 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* �3�name* 3e. Stream Type * 3f. Type of 3g. S. width * �31h. Impact (?) Jurisdiction* length* S1 Site 1 SA ( ) Permanent Other SA- McDowell Creek Perennial Cor s P 10 10 Average (feet) (linearfeet) g2 Site 1 (SA) Temporary Other SA- McDowell Creek Perennial Corps 10 20 Average (feet) (linearfeet) S3 Site 2 SA ( ) Permanent Other SA- McDowell Creek Perennial Corps P 10 16 Average (feet) (lirtearfeet) S4 Site 2 (SA) Temporary Other SA - McDowell Creek Perennial Corps 10 20 Average (feet) (lir�rfeet) S5 Site 3 SA ( ) Permanent Other SA- McDowell Creek Perennial Corps P 10 12 Average (feet) (lir�rfeet) S6 Site 3 (SA) Temporary Other SA - McDowell Creek Perennial Corps 10 20 Average (feet) (lir�rfeet) S7 SB Site 4 ( ) Permanent —] Culvert SB - UT to McDowell Creek Perennial Corps P 4 225 Aver�ge(feet) (linearfeet) gg Site 4 (SB) Temporary Culvert SB - UT to McDowell Creek Perennial Corps 20 —] Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 263 3i. Total stream and ditch impacts: 343 31. Total temporary stream impacts: 80 3j. Comments: Unavoidable impacts to jurisdictional streams will result form the proposed extension of Northcross Drive. Impacts to streams will result from the installation of culverts to carry the stream beneath the proposed extension and from embankment protection on McDowell Creek. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to streams within the project area have been avoided and minimized to the extent practical through design. The footprint of the proposed roadway was specifically aligned to avoid streams SC and SD. A bridge is proposed over Stream SA (McDowell Creek) to avoid impacts to the channel bed and banks. Impacts to Stream SB have been minimized to the greatestextent practicable by proposing a perpendicular crossing and mammizing side slopes at headwall locations. The 60" RCP Will be buried 1-ft below the eAsting channel bed to promote aquatic passage. Embankment protection sites have been limited to the lengths necessary to reduce discharge velocities and maintain bank stability. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to streams within the corridor will be avoided and minimized to the extent practical throughout the construction process. To avoid unnecessary impacts to streams within the project area, staging, storage, and construction access will occur in upland areas where feasible. Silt fencing Will be installed along the construction limits to ensure all equipment and work stays within the permitted boundaries. Stormwater and erosion control measures Will be utilized to avoid sedimentation impacts to downstream waters and control runoff from the construction site. 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 2c. If yes, mitigation is required by (check all that apply): r DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank 9 Payment to in -lieu fee F Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 225 4d. Buffer mitigation requested (DWR only): (square feet) 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 4f. Non -riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments Stream mitigation is proposed at a 2:1 ratio for the 225 linear feet of permanent impacts resulting from the culvert installation and embankment protection. Mitigation will be secured through the NCDMS ILF program and the acceptance letter is attached. FStormwater Management and Diffuse Flow Plan (required by DWR) u 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 If no, explain why: This project does not include or is not adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* @ Yes r No Comments: The project plans to maintain existing drainage patterns to the maximum extent practical. The proposed drainage systems were designed and sized with future development taken into account and the following items were incorporated to minimize water quality impacts: the alignment was designed to minimize wetland and stream crossing impacts, 2:1 slopes are going to be utilized to reduce structure length, grassed swales will be implemented to the maximum extent practical, and open channel designs with riprap on the banks will be implemented where practical to reduce jurisdictional stream impacts. 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 U 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 1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House?* r Yes r No NEPAor SEPA Final Approval Letter 06a_1L5108 Approved Type III CE.pdf 2. Violations (DWR Requirement) 7.68MB 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 project is designed to provide connectivity and interstate access west of 1-77, and to create a safer route for local commuters. No additional or cumulative impacts are anticipated due to the construction of the proposed project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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 5d. Is another Federal agency involved?* r Yes r No r Unknown 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 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? The USFWS lists six federally protected species for Mecklenburg County: Northern long-eared bat (NLEB), Rustypatched bumble bee, Carolina heelsplitter, Michauxs sumac, Schweinit2s sunflower, and Smooth coneflower. Suitable habitat for Michauxs sumac, Schweinitfs sunflower, and Smooth coneflower were found in the study area, however, it is determined that the project will have no effect on these species due to lack of recorded occurrences and lack of observed individuals in the project area. No effect was also determined for the Carolina heelsplitter as suitable habitat was not present within the study area. A review of the North Carolina Natural Heritage Program (NCNHP) records indicated there are no known roosting sites or hibernacula of the NLEB within 1.0 mile of the study area. Based on the presence of potentially suitable habitat within the project area but the lack of known occurrences, hibernacula, or roosting sites, the proposed project "May Affect, Not Likely to Adversely Affect' the NLEB. Consultation Documentation Upload 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?* The NOAA Essential Fish Habitat Mapper was reviewed on January 8. 2020. No essential fish habitat was found within the project area or within the vicinity of the project. 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?* The North Carolina State Historic Preservation Office HPOWEB GIS Service (Accessed January 9, 2020) shows no National Register or Nation Register Study List sites within the project study area. 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: An individual floodplain development permit application and flood impact analysis was completed for the project. The results of the flood study are as follows: The Revised model which represents the proposed Northcross Drive bridge over McDowell Creek demonstrates this project would create a maximum increase in base flood level of 0.84 ft at a location directly upstream of the proposed bridge. This increase does not affect any structures. A floodway revision is necessary for this project, to showthe floodway limits within the proposed bridge opening, as the structure does not overtop during the base flood event. The revised floodway limits match the effective floodway widths at all other locations except for at the bridge location. 8c. What source(s) did you use to make the floodplain determination?* The FEMA Digital Flood Insurance Rate Map (DFIRM) Panels 3710464200K and 3710463200K (effective September 2, 2015). Miscellaneous Comments A full pdf version of the PCN is attached for your reference. Please let me know if you have any questions or need any additional information. Thank you, Larry Miscellaneous attachments not previously requested. _LL5108_Northcross_PCN_Comp i led_20200131 . pdf 20.77MB Signature u ® 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: Larry Thompson Signature Date 2/5/2020