HomeMy WebLinkAbout20200511 Ver 1_PCN Form Submission (2)_20200414DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
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
Orange only if needed.
BIMS # Assigned
20200411
Is a payment required for this project?*
r No payment required
r Fee received
(T Fee needed - send electronic notification
Reviewing Office *
Nboresville Regional Office - (704) 663-1699
Information for Initial Review
1a. Name of project:
EB-6038 Action ID# SAW-2020-00346
1a. Who is the Primary Contact?*
David B. Petty, PE (TGS Engineers)
1b. Primary Contact Email:*
dpetty@tgsengineers.com
Date Submitted
4/14/2020
Nearest Body of Water
Catawba River; Frye Creek
Basin
Catawba
Water Classification
WS-N, B, CA; WS-N
Site Coordinates
Latitude: Longitude:
See attached
A. Processing Information
County (or Counties) where the project is located:
Catawba
Burke
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Is this a NCDOT Project?*
r Yes r No
Version#*
1
What amout is owed?*
r $240.00
r $570.00
Select Project Reviewer*
Donna Hood:eads\drhood
1c. Primary Contact Phone:*
(770)310-1052
U
(NCDOT only) T.I.P. or state project number:
EB-6038 City of Hickory project, NCDOT
administering federal funds
WBS # (?)
48927.1.1
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)
1b. What type(s) of permit(s) do you wish to seek authorization?
17 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 solelyfor the record because written approval is not required?
For the record onlyfor DWR401 Certification:
For the record onlyfor 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?
(- 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?
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:
City of Hickory
2b. Deed book and page no.:
2c. Responsible party:
Kevin B. Greer, PE, IDS -A, CS-4, City of Hickory Engineer
2d.Address
r Yes r No
r Yes r No
Street Address
76 N. Center Street
Address tine 2
city
State / Rovince / Rion
Hickory
NC
Postal / Zip Code
Country
28601
United States of America
2e. Telephone Number:
21'. Fax Number:
(828)323-7416
(828)323-7550
2g. Email Address:*
kgreer@hickorync.gov
3. Applicant Information (if different from owner)
3a. Name:
David B. Petty, PE
3b. Business Name:
TGS Engineers
3c.Address
Street Address
706 Hillsborough Street - Suite 200
Address Line 2
city
Slate / Rovince / Pagion
Raleigh
NC
Postal / Zip Code
Country
27603
United States of America
3d. Telephone Number:
3e. Fax Number:
(770)310-1052
(919)773-8839
3f. Email Address:*
dpetty@tgsengineers.com
4. Agent/Consultant (if applicable)
4a. Name:
David B. Petty, PE
4b. Business Name:
TGS Engineers
4c.Address
Street Address
706 Hillsborough Street - Suite 200
Address Line 2
(Sty
State / Rovince / Pegion
Raleigh
NC
Postal / Zip Code
Country
27603
United States of America
4d. Telephone Number: 4e. Fax Number:
(770)310-1052 (919)773-8839
4f. Email Address:*
dpetty@tgse ng ineers. com
Agent Authorization Letter*
EB-6038_USACE AgentAuthForm_20200211.pdf 286.83KB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Hickory
2. Project Identification
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:*
Catawba River; Frye Creek
3b. Water Resources Classification of nearest receiving water:*
WS-IV, B, CA; 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.
030501010804
4. Project Description and History
State / Rovince / Regim
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:*
Mostly industrial and commercial land use. Mostly heavily developed land with some wooded land.
Generally follows an eAsting two lane road which is mostly curb & gutter, some at start of project is shoulder section.
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)
EB-6038_USGS Topo for PCN_20200319.pdf 234.88KB
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)
EB-6038_NRCS Soils for PCN_20200319.pdf 231.77KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.95
4g. List the total estimated linear feet of all existing streams on the property:
1173
4h. Explain the purpose of the proposed project:*
The purpose of the project is to connect major points of interest, including the airport, ball stadium, parks, trail systems, job centers and shopping centers, together for pedestrians and
bicyclists which will complete the streetscape connector loop and increase pedestrian and bicyclist safety.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Project involves constructing a 1.9 mile, 10 foot vide multi -use trail for bicycles and pedestrians from Hickory Regional Airport to US 321 and from to 11th Street NW to 9th Street NW
including 3 pedestrian bridges. Also includes streetscape improvements on 11th St NW & Main Ave NW and adding curb & gutter and intersection improvements to 9th Ave NW for
safety. The project is not expected to result in indirect impacts. Equipment to be used includes cranes, excavators, dump trucks, skidders, feller bunchers, lull lifts and paving
equipment.
4j. Please upload project drawings for the proposed project.
EB-6038_Permit Drawings_20200402.pdf 7.66MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r 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-2020-00346
5c. If Sa is yes, who delineated the jurisdictional areas?
Name (if known): Ryan Elliott
Agency/Consultant Company: TGS Engineers
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A Preliminary Jurisdictional Determination package was submitted to the US Army Corps of Engineers on March 16, 2020 for approval following a USACE field visit on March 4, 2020.
See Permit Drawing Sheet 17, footnote for Site 5/Wetland WC. AJD anticipated to be submitted by others for parcel 12, so USACE waiting to sign this PJD until AJD by others is
processed.
5d1. Jurisdictional determination upload
EB-6038_PJD Package_20200312.pdf 5.16MB
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
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries f 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
2g. Impact
Jurisdicition*(?)
area
Land Clearing
T
Headwater Forest WD
Yes
Corps
0.002
(acres)
Land Clearing
T
Non -Tidal Freshwater Marsh WF
Corps
0.023
(acres)
TF_-]emporary Fill
T
Small -Basin Wetland
WA
No
Corps
I
0.115
�
__]
(acres)
2g. Total Temporary Wetland Impact
0.140
2g. Total Wetland Impact
0.140
2g. Total Permanent Wetland Impact
0.000
2h. Comments:
Temporary wetland impacts are for hand clearing and temporary fill. Wetland impact drawings and impact table included in permit drawings. Site 4:
<0.01 acres of Permanent Fill in Wetlands for bridge interior bents between -GW2- 24+00 and 25+10. Site 5: Permit drawing sheet 9 plan view shows
0.09 & 0.04 acres of permanent fill in wetlands & hand clearing in wetlands, respectively. Per USACE on 3/16/2020, Wetland WC is now expected to
be submitted with Request for NO by current property owner of Parcel 12 as an isolated, non -jurisdictional wetland; therefore, these impacts are not
included in table above at this time.
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
❑
(?) IIJurisdiction*
length*
S1
48" CAAP
Permanent
Culvert
UT to Catawba River SA
( )
Perennial
Corps
P
3
110
Average (feet)
(linearfeet)
g2
48" CAAP
Temporary
Culvert
UT to Catawba River(SA)
Perennial
Corps
3
16
Average (feet)
(linearfeet)
S3
Bank Stabilization
Permanent
Bank Stabilization J
UT to Frye Creek (SD)
Intermittent
Corps
2
20
Average (feet)
(linearfeet)
H
Bank Stabilization
Temporary
Bank Stabilization J
UT to Frye Creek (SD)
Intermittent
Corps
2
11
Average (feet)
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
130
3i. Total temporary stream impacts:
27
3i. Total stream and ditch impacts:
157
3j. Comments:
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:
Side slopes at impact locations are maximum allowable. Bank stabilization will be minimized to areas deemed necessary. Bridge over wetland WA was
extended to eliminate permanent fill impacts. Temporary impacts at WA are minimum necessary to construct the bridge and for erosion control
measures. Proposed fill slope impacting Stream SA further steepened to 1.5:1 using Reinforced Soil Slopes to minimize stream impacts. Proposed fill
slope adjacent to Wetland WA from -GW2- 21+00 to 23+75 LT further steepened to 1.5:1 using Reinforced Soil Slopes to avoid permanent fill and
minimize temporary fill impacts. Impacts are minimized to maAmum extent practicable throughout the project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All appropriate BMPs will be used during construction. Site will be accessed through high ground where practicable and temporary impacts will be
minimized. Clearing in all wetlands will be performed by hand rather than using heavy equipment.
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:
Per USACE on 3/4/2020, because permanent stream impacts are less than 150 feet and permanent wetland impacts are less than 0.1 acres.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) U
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:
Water resources in the study area are part of the Catawba River basin but are not subject to the Catawba River basin riparian buffer rules as the project does not encroach on the
mainstem 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
Comments:
Stormwater Management Plan is included in the permit drawings.
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
1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House?*
r Yes
r No
Comments:*
Please note this project does not meet the threshold for the document to go through the State Clearing House per programmatic agreement.
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?*
C Yes r No
3b. If you answered "no," provide a short narrative description.
The project will not alter travel patterns, reduce travel times, affect access to properties in the area, or open areas for development or redevelopment.
Due to its minimal transportation impact -causing activities, this project will neither influence nearby land uses, water quality nor stimulate growth.
Therefore, a detailed indirect and cumulative effects study is not necessary.
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
51. 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
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property.
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS list, supplemental NCDOT info, aerial imagery. Draft NRTR attached.
Consultation Documentation Upload
Draft Natural Resources Memo EB-6038_20200319.pdf 3.31 MB
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?*
Two NC SHPO letters are included in the attached CE Type I(B) document. A subsequent NC SHPO letter is uploaded under item 7c giving
determination that proposed project will not adversely affect the National Register -listed Piedmont Wagon Company, if three provided conditions are
implemented.
7c. Historic or Prehistoric Information Upload
ER 19 2962.pdf 118.28KB
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?*
DFIRM Panels 2793, 3702, and 3703.
Miscellaneous
Comments
The following supporting documents have been uploaded under Miscellaneous attachments: Cover letter, Site Coordinates Map, Preliminary Erosion Control Basin Location Plans, and
CE Type I(B) document. Per Section G5b&5c, a field visit for Dwarf -flowered heartleaf will be performed in April 2020 at which time we Will consult with USFWS Asheville field office. Per
Section GSi, Subsurface recommendations are yet to be determined but percussive activities are anticipated which Will likely include pile drivers and may include blasting and jack
hammers; however please note, based upon guidance from Asheville Field Office USFWS personnel, the biological conclusion for NLEB is a "may affect not likely to adversely affect" for
all Division 12 counties (per NC NHP records, nearest known hibernacula is 27 miles from project study area).
Miscellaneous attachments not previously requested.
EB-6038_Site Coordinates for PCN_20200319.pdf 902.41 KB
EB-6038_Prelim Erosion Control Basins_20200228.pdf 11.6MB
EB-6038_PCN Cover Letter_20200414.pdf 120.86KB
Signed_EB-6038_CE_Type_1(B)_2020-03-26.pdf 5.63MB
Signature
W 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 B. Petty, PE
Signature
0'. 0-z�i
Date
4/14/2020