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HomeMy WebLinkAbout20200532 Ver 1_PCN Form Submission (2)_20200420DWR Division 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 Change only if needed. BIMS # Assigned * Version#* 20200532 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification IT $570.00 Reviewing Office * Select Project Reviewer* Central Office - (919) 707-9000 Rob Ridings:eads\rgridings Information for Initial Review 1a. Name of project: Smith Creek Greenway, Phase 2 1a. Who is the Primary Contact?* David Cooper 1b. Primary Contact Email:* dcooper@vhb.com Date Submitted 4/20/2020 Nearest Body of Water Smith Creek Basin Neuse Water Classification QNSW Site Coordinates Latitude: 35.925504 A. Processing Information County (or Counties) where the project is located: Wake Is this a NCDMS Project r Yes r No Longitude: -78.533166 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: 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)741-5784 V 1b. What type(s) of permit(s) do you wish to seek authorization? * 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 401 Water Quality Certification - E)press r Non-404 Jurisdictional General Permit W Riparian Buffer Authorization r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: r Yes r No For the record onlyfor Corps Permit: r Yes r No 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 Wake Forest 2b. Deed book and page no.: 2c. Responsible party: Suzette Morales, Transportation Division Manager 2d.Address Street Address 301 S. Brooks St. Address tine 2 Oty Wake Forest Postal / Zip Cbde 27587 2e. Telephone Number: (919)435-9512 2g. Email Address:* smorales@wakeforestnc.gov State / Province / I;Lgion NC Country USA 2f. Fax Number: 4. Agent/Consultant (if applicable) 4a. Name: David Cooper 4b. Business Name: VHB 4c.Address Street Address Venture 1, 940 Main Campus Drive Address Line 2 Suite 500 City Raleigh Rtistal / Zip Code 27606 4d. Telephone Number: (919)741-5784 4f. Email Address:* dcooper@vhb.com Agent Authorization Letter* AgentAuthorization Form _EE_SmithCreekGreenway_crd_executed.pdf Slate / Province / Fbgion NC Country USA 4e. Fax Number: 38.52KB C. Project Information and Prior Project History I 1. Project Information 1b. Subdivision name: ('t appropriate) 1c. Nearest municipality/ town: Wake Forest 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Address Une 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Smith Creek 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. 030202010702 4. Project Description and History 2b. Property size: State / Province / Pagion 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 vicinity consists of a sewer line right of way and forested corridor adjacent to Smith Creek. Surrounding land use is primarily residential and light industrial. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No 6 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_USGS.pdf 6.37MB 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) SoilSurvey_LetterSizePortrait_2019.pdf 3.02MB 4f. List the total estimated acreage of all existing wetlands on the property: 9.795 ac 4g. List the total estimated linear feet of all existing streams on the property: 7,038 If 4h. Explain the purpose of the proposed project:* Phase 2 of the Smith Creek Greenway project proposes to construct a greenway from the eAsting terminus of the Smith Creek Greenway south of Burlington Mills Rd. to Ligon Mill Rd. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Phase 2 of the greenway trail Wil begin at the eAsting Phase 1 terminus south of Burlington Mills Rd. as a paved 10-foot multi -use path, and will proceed north on the east side of Smith Creek before crossing under Burlington Mills Rd. North of Burlington Mills Rd., the trail will cross over to the west side of Smith Creek with a bridge. The trail will remain west of Smith Creek to Ligon Mill Road, where it will cross the road at a grade separated crossing at the end of Phase 2. With the exception of two piped stream reaches and one small boardwalk footer/fill slope, boardwalks and bridges will be used to cross streams and wetlands. The path will be constructed using the "top -down" method, vbich minimizes disturbance. Typical construction equipment will be used. Erosion and sedimentation will be controlled according to the erosion control plan. 4j. Please upload project drawings for the proposed project. A16008.02_01_STEWART_PLANSET_HALF.pdf 41.24MB 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-2017-00380 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Cooper/Fleather Smith Agency/Consultant Company: VHB (formerly Ecological Engineering) Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR USACE J. Lastinger and NCDWR R. Trone site visit on Feb. 21, 2017. 5d1. Jurisdictional determination upload SmithCreekBufferDeterminationLetter _20170221.pdf 1.62MB SignedPJD_Dated20170413.pdf 14.64MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 7b. If yes, explain. The greenway is set up due to funding sources as a phased project. Each phase has a logical terminus. Phase 1 has been constructed. Phase 2 (this submittal) connects Phase 1 south of Burlington Mills Rd. to Ligon Mill Rd. Phase 3 (previously submitted and approved, only buffer impacts) will connect from the end of Phase 2 at Ligon Mill Rd. to existing trails in the vicinity of Heritage High School. 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): PF Wetlands W Streams -tributaries P Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason M 2b. Impact type (') 2c. Type of W. 2d. W. name r:. Forested 2f. Type of 2g. Impact Jurisdicition*(?) area* and clearing for ��T Bottomland Hardwood Forest F Yes Both 0.090 F-loardwalk/trail (acres) 2 5 Hand clearing for boardwalk/trail Fill - boardwalk Tooter and fill slope T P Bottomland Hardwood Forest Bottomland Hardwood Forest WB WI Yes Yes Both Both 0.003 (acres) 0.003 (acres) 5 Hand clearing for boardwalk/trail L Bottomland Hardwood Forest WI Yes Both 1�1 2g. Total Temporary Wetland Impact 0.351 2g. Total Wetland Impact 0.354 2h. Comments: 2g. Total Permanent Wetland Impact 0.003 For the reviewer's information, we have accounted for hand clearing for the boardwalk within the project limits of disturbance, which will not actually disturb the ground. Top -down method will be used to construct the boardwalk, which will avoid almost all wetland impacts. 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 60" RCP -III Pipe Crossin P 9 Permanent Culvert SA, Drawing site 3 g Intermittent Both 4 55 Average (feet) (linearfcet) S2 72" RCP -III Pipe Crossin P 9 Permanent Culvert SQ, Drawing site 4 9 Perennial Both 5 71 Average (feet) (linearfeet) S3 Temp. Constr. Access Temporary Workpad/Causeway SQ, Drawing site 6 Perennial Both 5 36 Average (feet) (linearfeet) S,¢ 60" RCP -III Pipe Crossing Temporary Dewatering SA, Drawing site 3 Intermittent Both 4 26 Average (feet) (lir�rfeet) S5 72" RCP -III Pipe Crossing Temporary Dewatering SQ, Drawing site 4 Perennial Both 5 34 Average (feet) (lir�rfeet) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 126 31. Total stream and ditch impacts: 222 3i. Total temporary stream impacts: 96 3j. Comments: Permanent impacts are the results of piped stream reaches necessitated by bridge/boardwalk constructability issues, which were discussed with the design engineers. Slopes in stream impact areas were steepened from 3:1 to 2:1 to minimize impacts. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. R Neuse ❑ Tar -Pamlico r Catawba ❑ Randleman ❑ Goose Creek ❑ Jordan Lake ❑ Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Trail footprint P SA & Smith Creek, Site 1 No 1,065 1,423 Clearing for access/trail P SA & Smith Creek, Site 1 No 4,362 2,219 Trail footprint P Smith Creek, Site 2 No 631 421 Clearing for access/trail P Smith Creek, Site 2 No 781 583 Trail footprint P SQ & SR, Site 3 No 1,740 1,489 Clearing for access/trail P SQ & SR, Site 3 No 7,796 4,189 Trail footprint P SP, Site 4 No 586 312 Clearing for access/trail P SP, Site 4 No 1,029 1,345 Trail footprint P SO, Site 5 No 608 455 Clearing for access/trail P SO, Site 5 No 2,051 1,398 Clearing for access/trail P Smith Creek, Site 6 No 407 763 Clearing for access/trail P Smith Creek, Site 7 No 803 411 Trail footprint P Smith Creek, Site 8 No 657 426 Clearing for access/trail P Smith Creek, Site 8 No 1,483 1,062 Clearing for construction access P SQ, Site 9 No 3,224 3,054 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 27,223.00 19,550.00 Zone 1 Zone 2 Total combined buffer impacts: 27,223.00 19,550.00 6i. Comments: Supporting Documentation A16008.02_01_Hyd_prm_ wet _Phase2_20200413.pdf A16008.02_01_Hyd_prm_buf_Phase2_20200413.pdf E. Impact Justification and Mitigation 1. Avoidance and Minimization 23.75MB 12.06MB la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The route of the proposed greenway was chosen to avoid wetland and stream impacts where possible. Boardwalks and bridges will be used to cross wetlands and streams, avoiding impacts in those areas. Minimal wetland impacts and unavoidable stream impacts are accounted for. Stream impacts have been minimized by steepening side slopes to 2:1. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The "top -down" method Will be used to construct the path, which minimizes disturbance. Wetlands will be hand -cleared to minimize disturbance. 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: Stream impacts are less than 150 linear feet and have been minimized to the e:dent practicable. Wetland impacts are minimal. Buffer impacts are allowable for greenway projects and have been avoided to the eMent practicable. 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 SHWT) r Other SCM that removes minimum 30 % nitrogen W Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation Diffuse Flow Statement.pdf 31.8KB 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 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 Comments: The project is a Town of Wake Forest project with federal funds administered by NCDOT. 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 greenway trail will increase pedestrian traffic, but is not expected to increase development in the surrounding area, which is already mostly developed with residential neighborhoods, a school, and light industrial. 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 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 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? VI B reviewed the list of federally protected and proposed species for Wake Co. NC. VHB performed on -site habitat evaluations and surveys for species as needed, and provided biological conclusions to Gary Jordan in the Raleigh USFWS office for concurrence. Mr. Jordan provided concurrence with our findings in an e-mail dated December 17, 2019 and updated these findings at VHB's request in an e-mail dated February 11, 2020(attached). Consultation Documentation Upload USFWS_ConcurrenceRequest_SmithCreekPh2-3_20191213.pdf 15.82MB EmailConfirmation_GaryJordan_20191217.pdf 187.94KB AdditionalEmailConfirmation_GaryJordan_20200211.pdf 229.68KB 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?* NC SHPO HPOGIS application shows no Study List, Eligible, or National Register sites in the project study area. The study area is within an area that has been mostly developed with residential housing, a sewer line, and other land disturbing activities. A SHPO environmental review letter dated August 16, 2018 (ER 18-1632) is attached. 7c. Historic or Prehistoric Information Upload ER 18-1632.pdf 100.25KB 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: The project is currently under review as a No -rise, and will be coordinated as needed through FEMA and the NC Flood Mapping Program. The No -rise was submitted on April 1, 2020. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Maps: FIRM panels 3720173800J, 3720173900J and 3720174900J. Miscellaneous Comments Miscellaneous attachments not previously requested. 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: David G. Cooper Signature Oita & e Date 4/20/2020