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HomeMy WebLinkAbout20200698 Ver 1_401 Application_20200527DWR 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 20200698 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Joanne Steenhuis:eads\jhsteenhuis Information for Initial Review 1a. Name of project: 1-40 Storm Repairs Group 1 1a. Who is the Primary Contact?* Sean Farrell 1b. Primary Contact Email:* scfarrell@ncdot.gov Date Submitted 5/27/2020 Nearest Body of Water NE Cape Fear River Basin Cape Fear Water Classification 31 Sw Site Coordinates Latitude: 34.3634 A. Processing Information County (or Counties) where the project is located: New Hanover Pander 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 Longitude: -77.8882 Version#* 1 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (910)341-2033 (NCDOT only) T.I.P. or state project number: WBS # (?) 15403.1065018,15403.1071014 la. 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? 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: 03 - Maintenance NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: rJ 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 DWR 401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - E)press 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 1-40 Group 1 Storm Repairs - Division 3 - RW - CF 07.pdf 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1i. Is the project located within a INC DCM Area of Environmental Concern (AEC)? r- Yes r No r Unknown 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: NC Department of Transportation 2b. Deed book and page no.: 2c. Responsible party: 2d.Address 467.65KB r^ Yes r No r^ Yes r No Street Address 5501 Barbados Blvd Address tine 2 city State / Rwince / Rion Castle Hayne NC Postal / Zip Code Country 28429 USA 2e. Telephone Number: 2f. Fax Number: (910)341-2000 2g. Email Address:* scfarrell@ncdot.gov FC. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/town: Castle Hayne/ Rocky Point 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address 1-40 From Mile Marker 413 to 415 Address tine 2 City Castle Hayne/ Rocky Point Postal / Zip Code 28429 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* NE Cape Fear River 3b. Water Resources Classification of nearest receiving water:* B; Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300070807 4. Project Description and History 2b. Property size: State / Rwince / legion NC Country USA 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 general land use in the vicinity of the project is public within the right-of-way for 1-40. The adjacent parcels to the East and west of 1-40 on the New Hanover County side of the project are zoned residential and industrial. On the Fender County side of the project, the adjacent parcels are zone also zoned a mix of residential and industrial. There have been ongoing erosion issues on site since Hurricane Florence 2018 which heavily disturbed the road embankments and shoulders and damaged numerous sections of the existing stormwater system. 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) topo.pdf 2.62MB 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) Soils.pdf 3.99MB 4f. List the total estimated acreage of all existing wetlands on the property: 5.05 4g. List the total estimated linear feet of all existing streams on the property: 380 4h. Explain the purpose of the proposed project:* The proposed project will not provide any changes to the function of the existing highway facility but will better equip the system to withstand future storm events.The purpose of the proposed project is to address the drainage and erosion issues caused by 2018 Hurricane Florence and bring the drainage and slope stabilization up to current standards for this section of 1-40. Grated drop inlet systems are proposed to replace existing funnel and funnel drain systems for roadway drainage. Proposed rock plating is proposed to repair and stabilize damaged roadway shoulders and embankments. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* There are 0.467 of permanent wetland impacts proposed which are necessary for the placement and keying in of the proposed rock plating so that the road shoulders and embankments can meet current standards for slope stability. The proposed permanent wetland impacts also account for proposed riprap dissipation pads associated with the upgraded storm drains. The permit drawings identify proposed areas of hand clearing in wetlands which will be necessary for the installation of erosion control measures and placement of matting in areas where equipment may need to access for the construction of the rock plating. Equipment to be used includes excavators, cranes, dump trucks, steam rollers, and other paving equipment. 4j. Please upload project drawings for the proposed project. 1-40 Repairs_Group1_ Permit Drawings_20190127.pdf 4.28MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes C No O 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-2019-02283 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Sean Farrell, Anneliese Westphal Agency/Consultant Company: NCDOT Division 3 Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR site was field verified on 11/27/2019 by the Corps and DWR 5d1. Jurisdictional determination upload final signed 140 Hurricane Florence Repairs JD.pdf 158.17KB SDL 1-40 MM 413-415 december 2019.pdf 9.01 MB final signed PJD form.pdf 16.03MB 6. Future Project Plans 6a. Is this a phased project?* r' Yes r No Are anyother 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? There are Group 2 and Group 3 1-40 Storm repairs for other sections of 1-40 damaged by Hurricane Florence which will utilize NW3 and GC 4132 permits without requiring notification. D. Proposed Impacts Inventory U� 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands f Streams -tributaries ❑ 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 Impact Jurisdicition*M]2g. area* Site 1/2047 Rock Plating P mland Hardwood Forest ff WB Yes Both 0.007 (acres) Site 2/1811 Plating/Dissipation P ffmland Hardwood Forest WA Yes Both 0.11200 pRock ads ] (wres) Site 2/ 2046 Rock Plating/Dissipation P mland Hardwood Fore ff-t WA Yes Both 0.340 Pads (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.467 2g. Total Wetland Impact 0.467 2h. Comments: E. Impact Justification and Mitigation U 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Instead of building out shoulders to a slope of 3:1 to provide stability we proposed to rock plating the existing shoulders with slopes ranging from 1.5:1 to 3:1 ( See Permit Drawing Cross Sections). 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: In place of mechanized clearing which would expedite project construction but increase overall wetland impacts, we proposed only hand clearing for the installation of erosion control measures and toe of slope work. NCDOT will implement BMPs in accordance with the NCDOT BMP Manual and will strictly adhere to all permit conditions. 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 W Payment to in -lieu fee r 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) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 0.460 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.007 4g. Coastal (tidal) wetland mitigation requested: (acres) 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 If no, explain why: The project is not located within one of the NC Riparian Buffer Protection areas. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* C Yes r No Comments: This project shall be constructed in accordance with the provisions of NCDOT's NPDES permit NC S000250, including applicable requirements of the NCG01000. G. Supplementary Information 1. Environmental Documentation u 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:* Hurricane Florence Sites utilize tracking spreadsheet as environmental document. 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. 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 5e. Is this a DOT project located within Division's 1-8? r Yes r No r Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program GIS 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?* NOAA EFH GIS Data 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?* State Historic Preservation Office Web GIS 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: The Hydraulics Unit will coordinate with the NC Floodplain Mapping Program (FMP), to determine status of project with regard to applicability of NCDOT'S Memorandum of Agreement, or approval of a Conditional Letter of Map Revision (CLOMR) and subsequent final Letter of Map Revision (LOMR). The Division will submit sealed as -built construction plans to the Hydraulics Unit upon completion of project construction, certifying that the drainage structure(s) and roadway embankment that are located within the 100-year floodplain were built as shown in the construction plans, both horizontally and vertically. 8c. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System (FRIS) Miscellaneous Comments Miscellaneous attachments not previously requested. Signature FI 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: Sean Farrell Signature Date 5/27/2020