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HomeMy WebLinkAbout20200463 Ver 1_PCN Form Submission_20200407DWR 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?* 6 Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned 20200463 Is a payment required for this project?* r No payment required r Fee received 6 Fee needed - send electronic notification Reviewing Office * Washington Regional Office - (252) 946-6481 Information for Initial Review 1a. Name of project: Kinston - Sand Clay Road Culvert Replacement 1a. Who is the Primary Contact?* Troy Beasley 1b. Primary Contact Email:* tbeasley@Wthersravenel.com Date Submitted 4/7/2020 Nearest Body of Water Neuse River (Stream Index: 27-(75.7) Basin Neuse Water Classification QNSW Site Coordinates Latitude: 35.276492 A. Processing Information County (or Counties) where the project is located: Lenoir Is this project a public transportation project?* /: Yes r No Longitude: -77.640347 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) Version#* 1 What amout is owed?* 6 $240.00 r $570.00 Select Project Reviewer* Garcy Ward:eads\gpward 1c. Primary Contact Phone:* (910)509-6512 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? t^ 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 03 - Maintenance 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 - Express 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: City of Kinston 2b. Deed book and page no.: Book: 1007, Page: 1; Book: 977, Page:498 2c. Responsible party: Steve Miller, Assistant Director 2d.Address Street Address PO Box 339 Address Line 2 city Kinston Postal / Zip Code 28502 2e. Telephone Number: (252)939-3285 2g. Email Address:* steve.miller@ci.kinston.nc.us State / Rwince / Ifgion NC Country USA 2f. Fax Number: r- Yes r No r Yes r No 4. Agent/Consultant (if applicable) 4a. Name: Troy Beasley 4b. Business Name: WithersRavenel 4c.Address Street Address 219 Station Road Address Line 2 Suite 101 CRY Wilmington Fbstal / Zip Code 28405 4d. Telephone Number: (910)509-6512 4f. Email Address:* tbeasley@with ersrave nel. com Agent Authorization Letter* SIGNED_Agent Authorization_Kinston.pdf Fc--project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Kinston 2. Project Identification 2a. Property Identification Number: PIW: 450502598020; 450502584341 Slate / Rmince / fiegion NC Country USA 4e. Fax Number: 2b. Property size: Project Area - ±0.5 ac 2c. Project Address Street Address On Sand Clay Road, approximately 500 If east of the western terminus of Sand Clay Road (entrance to Barnet Park) Address Line 2 City Kinston Postal / Zip Cade 28504 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Neuse River (Stream Index: 27-(75.7) 3b. Water Resources Classification of nearest receiving water:* C; 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. 030202020206 4. Project Description and History State / Rmince / Region NC Country USA 252.72KB 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 an existing culvert and rip -rap apron on Sand Clay Road that will be replaced. The general land use in the vicinity of the project consists of a mixture of commercial, residential and recreational land use. 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) USGS Quads.pdf 433.88KB 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) Lenoir Cc Soil Survey.pdf 1.65MB 4f. List the total estimated acreage of all existing wetlands on the property: N/A - there are no wetlands within the project area 4g. List the total estimated linear feet of all existing streams on the property: t120 If within the project area 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to replace the existing culvert, which has a joint that has failed and is causing a sinkhole on the western side of the road. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project consists of replacement of the existing 84" CMP culvert with an 84" GA aluminum culvert. The culvert replacement has been designed within the exact footprint of the existing culvert. There is an existing inlet structure on the upstream (northern) that will remain and will not be replaced. Additionally, the existing rip -rap dissipator is undersized and not functioning properly which will be replaced with a constructed plunge pool. The plunge pool has been designed within the same footprint as the existing rip -rap dissipator within the stream. In order to conduct work in the dry, rip -rap coffer dams will be installed upstream and downstream of the culvert, and flow will be pumped around the construction area (see Bypass & Erosion Control Plan in Impact Exhibits). On the upstream end of the project area, the epsting intake structure will be blocked by using plywood to block the intake orifices, with a large rip -rap coffer dam used to hold the plywood in place. The large rock coffer dam will also be used to construction access once the existing culvert has been removed. During construction of the plunge pool, the area will be dewatered by pumping water out of the plunge pool area, which will be pumped through a sediment filter bag. Both the stream flow bypass and dewatering flow will be discharged into a temporary discharge apron, which will dissipate flow before flowing into the stream. A temporary rock dam will be installed within the stream downstream of the discharge apron, which will provide additional sediment removal to prevent turbidity issues downstream of the project area. The rip -rap within the plunge pool has been designed to embed the rip -rap such that the top of the rip -rap matches the preconstruction contours of the channel, allowing for passage of aquatic life and preventing a function loss of this section of stream. Standard commercial construction equipment and techniques will be used to construct the proposed project. 4j. Please upload project drawings for the proposed project. Sand Clay Road - Impact Maps_2020-04-07.pdf 2.04MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: WithersRavenel conducted a review of the project are in January 2020 and determined that there are no wetlands within the project area. The only jurisdictional feature within the project area is the perennial stream in which the culvert is located. Please note that we are not requesting issuance of a Jurisdictional Determination, as the project consists of maintenance of an existing structure. 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): Troy Beasley Agency/Consultant Company: WithersRavenel Other: 5d1. Jurisdictional determination upload Stream -Buffer Exhibit.pdf 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 178.49KB O Unknown 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 projector related activity? No [D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r- Wetlands P Streams -tributaries P Buffers F 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 ❑ (?) Jurisdiction* length* S1 Impact 1 - Coffer Dam P Tem ora P rY Culvert UT to Neuse River Perennial Both 17 14 Average (feet) (linearfeet) g2 Impact 2 - Plunge Pool Temporary Culvert UT to Meuse River Perennial Both 17 65 Average (feet) (lirearfeet) S3 Impact 3 - Coffer Dam P Tem ora P rY Culvert UT to Meuse River Perennial Both 17 17 Average (feet) (linearfeet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 31. Total stream and ditch impacts: 96 3i. Total temporary stream impacts: 96 3j. Comments: Impact 1 (14 If) and Impact 3 (17 If) will result from installation of temporary rock coffer dams for stream flow bypass, dewatering and sedimentation control during construction, which Will be removed after construction is complete. Impact 2 (65 If) will result from removal of the existing rip -rap dissipator and construction of the proposed plunge pool. The rip -rap within the plunge pool will be installed by burying the rip -rap such that the top of the rip -rap matches the preconstruction contours of the streams, allowing for the passage of aquatic life and preventing a function loss of this section of stream. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. FJ Meuse r Tar -Pamlico r Catawba r Randleman r Goose Creek r Jordan Lake r Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact 4 - Perp Road Crossing - Allowable T UT to Neuse River No 5,996 0 Impact 5 - Perp Road Crossing - Allowable P UT to Neuse River No 1,044 0 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 5,996.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 1,044.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 7,040.00 0.00 61. Comments: During construction, 5,923 sf of temporary Zone 1 buffer impacts (Impact 4) Will occur. Upon completion of construction, the buffers will be vegetated with a riparian seed mix to provide temporary stabilization until natural recruitment permanently re -vegetates the buffer. The construction of the proposed plunge pool will result in 1,044 sf of permanent Zone 1 buffer impacts, which is classified as an "Allowable" use for perpendicular road crossings in the Neuse River Basin Riparian Buffer Rules Table of Uses. Supporting Documentation Sand Clay Road - Impact Maps_2020-04-07.pdf 2.04MB 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 project consists of replacement of an existing culvert, and therefore impacts to streams and riparian buffers could not be avoided Stream impacts have been limited to only those temporary impacts necessary for replacement of the culvert, installation of a plunge pool within the footprint of the existing rip -rap dissipator, and coffer dams necessary for stream flow pump around and sedimentation control. Permanent riparian buffer impacts have been minimized to only those necessary to construct the proposed plunge pool. Temporary riparian buffer impacts have been minimized to only those necessary for replacement of the culvert, temporary coffer dams for stream flow bypass and sedimentation control and temporary discharge apron for stream flow pump around and dewatering flow discharge. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Access during construction will occur from uplands. Silt fencing will be installed around all disturbed areas to prevent loss of sediment into adjacent waters. 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: All proposed stream impacts are temporary and associated with maintenance of an existing structure, and therefore mitigation is not proposed. 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 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 15ANCAC 02H .1003(2)? r Yes r No Comments: The proposed project consists of replacement of an existing culvert, and will not result in additional impervious area that requires stormwater management. 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 does not meet thresholds requiring 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 proposed project consists of the replacement of a failing culvert within Sand Clay Road and will not be the catalyst for future development that could impact nearby downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* rYes 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 5d. Is another Federal agency involved?* r' Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-87 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? WR reviewed the NC Natural Heritage Program database, located at http://www.ncnhp.org/web/nhp/home, as well as NCNHP GIS data to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any recent occurrences of federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter. Furthermore, site reviews did not identify any potential habitat for any federally protected species known to occur in Lenoir County. Therefore, the proposed project will have No Effect on federally protected species. Consultation Documentation Upload NCNHP Project Review Letter_2020-04-06.pdf 251.96KB USFWS T&E List for Lenoir Co_2019-12-02.pdf 91.73KB 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?* WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www.habitat.noaa.gov/protection/efh/efhmapper/indexhtml. There are no waters classified as EFH in Lenoir County. 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?* WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpovmb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the vicinity of the proposed project. 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 8c. What source(s) did you use to make the floodplain determination?* wnwa.ncfloodmaps.com Miscellaneous Comments Miscellaneous attachments not previously requested. PCN Cover Letter_FINAL_2020-04-07.pdf 116KB Parcel -Owner Info.pdf 227.82KB Aerial-2016.pdf 281.97KB 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: Troy Beasley Signature glil 0--low Date 4/7/2020