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HomeMy WebLinkAbout20201086 Ver 1_401 Application_20200825 I I DWR 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?* ( Yes ✓ No Is this project a public transportation project?* 0 Yes r No Change only if needed. BIMS#Assigned* Version#* 20201086 1 Is a payment required for this project?* ✓ No payment required G Fee received Reviewing Office* ✓ Fee needed-send electronic notification Central Office-(919)707-9000 Select Project Reviewer* Rob Ridings:eads\rgridings Information for Initial Review 1a.Name of project: Widening Eastern Avenue/Sunset Avenue from SR 1003(Red Oak Road)to SR 1544(Halifax Road)and constructing an interchange for Sunset Avenue and 1-95 in Nash County 1a.Who is the Primary Contact?* Chad Goggins lb.Primary Contact Email:* 1c.Primary Contact Phone:* tccoggins@ncdot.gov (252)640-6427 Date Submitted 8/25/2020 Nearest Body of Water Stony Creek,Maple Creek Basin Tar-Pamlico Water Classification Stony Creek:C;NSW,Maple Creek:WS-IV;NSW Site Coordinates Latitude: Longitude: 35.971099 -77.903400 A. Processing Information County(or Counties)where the project is located: Nash Is this a NCDMS Project ✓ Yes G No Is this project a public transportation project?* ( Yes r No Is this a NCDOT Project?* (7 Yes r No (NCDOT only)T.I.P.or state project number: U-5026/R-5720 WBS#(�) 44033.3.3 1a.Type(s)of approval sought from the Corps: I7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) r Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) lb.What type(s)of permit(s)do you wish to seek authorization? r Nationwide Permit(NWP) I7 Regional General Permit(RGP) r Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? s Yes r No Regional General Permit(RGP)Number: Other RGP Numbers(for multiple RGPS): RGP201902350-NCDOT Bridges,Road Widenings and Interchanges Id.Type(s)of approval sought from the DWR: 17 401 Water Quality Certification-Regular r 401 Water Quality Certification-Express ✓Non-404 Jurisdictional General Permit 17 Riparian Buffer Authorization ✓ Individual Permit le.Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: r Yes 6 No For the record only for Corps Permit: r Yes R No 1f.Is this an after-the-fact permit application?* ✓ Yes ( 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? ✓ Yes rNo Acceptance Letter Attachment I h.Is the project located in any of NC's twenty coastal counties? ✓ Yes 6 No 1j.Is the project located in a designated trout watershed? OYes 0No B. Applicant Information Id.Who is applying for the permit? 17 Owner r Applicant(other than owner) 1e.Is there an Agent/Consultant for this project?* ✓ Yes r: No 2.Owner Information 2a.Name(s)on recorded deed: North Carolina Department of Transportation-Division 4 2b.Deed book and page no.: N/A 2c.Responsible party: 2d.Address Street Address PO Box 3165,Wilson,NC 27895-3165 Address Line 2 aty State/Bovine/legion Wilson NC Postal/Zip Code Country 27895-3165 United States of America 2e.Telephone Number: 2f.Fax Number: (252)640-6427 2g.Email Address:* tccoggins@ncdot.gov C. Project Information and Prior Project History 1. Project Information lb.Subdivision name: (d appropriate) 1c.Nearest municipality/town: Nashville 2. Project Identification 2a.Property Identification Number: 2b.Property size: See attached mapping 2c.Project Address Street Address Address Line 2 atY State/Rnvince/Fbgion Fbstal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Stony Creek,Maple Creek 3b.Water Resources Classification of nearest receiving water:* Stony Creek:C;NSW,Maple Creek:WS-IV;NSW 3c. What river basin(s)is your project located in?* Tar-Pamlico 3d.Please provide the 12-digit HUC in which the project is located. 030201010503,030201010504,030201010607 4. Project Description and History 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:* Land use within the vicinity is agricultural,residential,institutional/commercial development,forested area,and existing transportation facilities. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* r Yes F 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) C4d_U-5026_R-5720_USGS_maps.pdf 1.96MB 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) C4e_U-5026_R-5720_NashCo_SoilSurvey.pdf 6.84MB 4f.List the total estimated acreage of all existing wetlands on the property: 9.88 from NRTRs 4g.List the total estimated linear feet of all existing streams on the property: 4,558 from NRTRs 4h.Explain the purpose of the proposed project:* The purpose of the project is to improve regional mobility and increase the Level of Service(LOS)of the region.Eastern Avenue and Sunset Avenue are Minor Arterial roads and provide an alternate connection to US 64 between Rocky Mount and Nashville.Anticipated growth of the towns of Rocky Mount,Nashville,and Red Oak also necessitate improvements to Eastern Avenue and Sunset Avenue to increase capacity and reduce potential for crashes.The proposed interchange with 1-95 would shift traffic from the US 64/1-95 interchange, improving its LOS.The project would have the added benefit of improved safety. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The project corridor is made up of two different TIPS,U-5026 and R-5720.In total the project is approximately 6.6 miles long and contains one interchange and seven roundabouts. U-5026-Construct an interchange at the current grade separation of Sunset Avenue and 1-95.Includes widening of Sunset Avenue from SR 1603(Old Carriage Road)to SR 1544 (Halifax Road). R-5720-Widening Eastern Avenue from SR 1003(Red Oak Road)to SR 1603(Old Carriage Road).Includes widening the existing two lane road to a four lane facility. Standard road building equipment,such as trucks,dozers,and cranes will be used. 4j.Please upload project drawings for the proposed project. C4J_U5026-R5720_RDY_Plans.pdf 17.72MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes C No r Unknown Comments: They were delineated by consultants and reviewed by the Corps(Eric Alsmeyer)previously 5b.If the Corps made a jurisdictional determination,what type of determination was made?* F Preliminary C Approved r Not Verified r Unknown r N/A Corps AID Number: U-5026:SAW-2017-02491 U-5996/R-5720:SAW-2018-02076 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Agency/Consultant Company: VHB&HDR Other: NRTRs completed by VHB and HDR 5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR U-5026:The wetlands and streams were reviewed in the field by Eric Alsmeyer. R-5720:A PJD for R-5720/U-5996 was submitted on 10/15/2018 and verified as accurate on 2/6/2019 via email. 5d1.Jurisdictional determination upload 6. Future Project Plans 6a.Is this a phased project?* CYes (' 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? None known. D. Proposed Impacts Inventory 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): (7 Wetlands 17 Streams-tributaries 17 Buffers r Open Waters r Pond Construction 2.Wetland Impacts 2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of 2g.Impact Jurisdicition*(?) area* 4,9,12,14 Fill P Unknown WA,WO,WL,WT Yes Both 0.550 (acres) 4,14,15 Excavation P Unknown WA,WT,WB Yes Both 2.240 (acres) 4,8,9,12,14,15 Mechanized Clearing P Unknown WA,WBA,WO,WL, Yes Both 0.420 WT,WB,WQ (acres) 9,10,11,12,14,1 Hand Clearing T Unknown WO,WK,WN,WL,WT, Yes Both 0.450 5 WB (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.450 3.210 2g.Total Wetland Impact 3.660 2h.Comments: See the attached Table for detailed wetland impacts as well as the permit summary impact table located within the Wetland/Stream Permit Site Plans. 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 Construction Permanent Other Varies Perennial Both 1 1,100 Average(feet) (linear feet) S2 Construction Temporary Other Varies Perennial Both 1 102 Average(feet) (linear feet) S3 Construction Permanent Other Varies Intermittent Both 1 1,020 Average(feet) (linear feet) S4 Construction Temporary Other Varies Intermittent Both 1 107 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 2,120 209 3i.Total stream and ditch impacts: 211 3j.Comments: See the attached Table for detailed stream impacts as well as the permit summary impact table located within the Wetland/Stream Permit Site Plans. Numbers above represent total permanent and temporary impacts for the Project.Please Note Item 3i above is calculating incorrectly from the table. Total permanent and temporary stream impacts are 2,329 If. 6. Buffer Impacts(for DWR) 6a.Project is in which protect basin(s)? Gieckall that apply. ✓Neuse IJ Tar-Pamlico n Catawba r Randleman n Goose Creek r Jordan Lake C Other 6b.Impact Type 6c.Per or Temp 6d.Stream name 6e.Buffer mitigation required? 6f.Zone 1 impact 6g.Zone 2 impact 1,2,5,13 P SZ,SA,SB-Int,SE No 20,802 10,168 3,6,7,16 P SB-Per,SF,SD,SC Yes 111,503 55,418 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 132,305.00 65,586.00 Zone 1 Zone 2 Total combined buffer impacts: 132,305.00 65,586.00 6i.Comments: See the attached Table for detailed information on the riparian buffer impacts as well as the Riparian Buffer Impacts Summary Table located in the buffer plan sheets for additional information. Supporting Documentation D6i_U5026_R5720_HYD_PRM_BUF_08_21_2020.pdf 7.24MB D6i_U5026_R5720 HYD PRM WET FULL SET 08_21_2020.pdf 19.64MB 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: See attached Avoidance and Minimization Efforts and the 4A Minimization Measures in the Miscellaneous Section. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion and sedimentation BMPs will be installed prior to construction.Water will be diverted around the work area to prevent sedimentation of downstream aquatic resources.Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, restrictions against the staging of equipment in or adjacent to waters of the US and coordination(including a pre-construction meeting)with the Division Environmental Officer.Additionally,the outside buffer wetland and/or water boundary located within the construction corridor will be clearly marked by highly visible fencing prior to any land disturbing activities. 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? ( Yes r No 2c.If yes,mitigation is required by(check all that apply): I7 DWR fJ Corps 2d.If yes,which mitigation option(s)will be used for this project? r'Mitigation bank fJ 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 O. No 4b.Stream mitigation requested: (linear feet) 4c.If using stream mitigation,what is the stream temperature: 953 warm 4d.Buffer mitigation requested(DWR only): 4e.Riparian wetland mitigation requested: (square feet) (acres) 161,610 1.60 4f.Non-riparian wetland mitigation requested: (acres) 4g.Coastal(tidal)wetland mitigation requested: 1.61 (acres) 4h.Comments Please see the attached summary from the mitigation ratio discussion held on June 4th,2020.Please note 1,167 If of stream impact did not require mitigation due to either bank stabilization or being an intermittent channel.During discussions related to the stream relocation at Site 6,a 1/2:1 ratio was requested for the perennial reach of SF(454 If)and a stream relocation plan is attached for this area.2.79 ac of wetland should be mitigated at a 2:1 ratio for fill and excavation impacts.0.42 acres of mechanized clearing should be at a 1:1 based on the mitigation ratio meeting.NCDMS approval letter forthcoming. 6. Buffer mitigation(State Regulated Riparian Buffer Rules)-required by DWR 6a.Will the project result in an impact within a protected riparian buffer that requires buffer mitigation?If yes,you must fill out this entire form-please contact DWR for more information. 6 Yes rNo 6b.If yes,then identify the square feet of impact. 6c.Reason for impact 6d.Total impact Multiplier 6e.Required mitigation (square feet) (square feet) Zone 1 Roadway Construction 108,249 3 324,747 Zone 2 Roadway Construction 53,361 1.5 80,042 6f.Total buffer mitigation required 404789 6g.If buffer mitigation is required,is payment to a mitigation bank or NC Division of Mitigation Services proposed? 6 Yes r No 6h.Attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6j.Comments: See the attached Table for detailed buffer impact information.Please note the stream relocation plan at Site 6 will result in 56,806 sq ft of replanting of buffer. 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? 6 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 fJ 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?* ( Yes r No Comments: Please see the attached Stormwater Management Plan in the Miscellaneous Section. 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?* ( Yes rNo lb.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)?* ( Yes rNo 1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* ( Yes rNo NEPA or SEPA Final Approval Letter G1c_U-5026_R-5720_NEPA-SEPA_Concurrences.pdf 197.24KB G1 c_Project 19-0268 Eastern Avenue and N.Old Carriage Road Improvements STIP R-5720 and U-5996.pdf 1.94MB 2.Violations(DWR Requirement) 2a.Is the site in violation of DWR Water Quality Certification Rules(15ANCAC 2H.0500),Isolated Wetland Rules(15A NCAC 2H.1300),or DWR Surface Water or Wetland Standards or Riparian Buffer Rules(15A NCAC 2B.0200)?* ✓ Yes ( No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ( Yes CNo 3c.Upload a qualitative or quantitative cumulative impact analysis. G3c_U-5026 ICELUSA_FINAL_6-1-11.pdf 3.96MB 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes ( Nor I-l/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?* ( Yes rNo 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ( Yes rNo 5c.If yes,indicate the USFWS Field Office you have contacted. Raleigh 5d.Is another Federal agency involved?* ✓ Yes ( No r Unknown 5e.Is this a DOT project located within Division's 1-8? ( Yes r No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPAC lists Neuse River waterdog(Necturus lewisi),Carolina madtom(Noturus furiosus),Atlantic pigtoe(Fusconaia masoni),dwarf wedgemussel (Alasmidonta heterodon),Tar River spinymussel(Elliptio steinstansana),yellow lance(Elliptio lanceolate),and Michaux's sumac(Rhus michauxii)as occurring in the project study area.No habitat for red-cockaded woodpecker was found during reviewfor U-5026 or R-5720.The biological conclusion for red-cockaded woodpecker was"No Effect".Michaux's sumac habitat was found during review for U-5026 and R-5720.For R-5720,detailed Michaux's sumac surveys were conducted on June 6,2018.For U-5026,detailed Michaux's sumac surveys were conducted on June 3,17,and 21, 2019.The biological for Michaux's sumac was"No Effect".Mussel habitat surveys conducted in June 2008 and July 2009 for U-5026 resulted in no habitat for dwarf wedgemussel,Tar River spinymussel,or yellow lance.For U-5026,biological conclusions of"No Effect"were reached for these species.Deck rehabilitation over Stony Creek was added into the U-5026 project after completion of the mussel surveys.This portion of the project as well as the as well as the R-5720 project is covered under a programmatic biological opinion(PBO)developed by the USFWS.This PBO will cover Atlantic pigtoe once it is listed.The biological conclusion for dwarf wedgemussel,Tar River spinymussel,and yellow lance is"May Affect—Not Likely to Adversely Affect."Once Neuse River waterdog and Carolina madtom are listed,they will be covered by the PBO.Northern long-eared bat(Myotis septentrionalis)(NLEB)is not listed on IPAC,however,the USFWS PBO conclusion of MA-LAA for NLEB applies to these projects and the tree clearing will be reported per the PBO. Consultation Documentation Upload G5j_U5026_Species List_Raleigh Ecological Services Field Office.pdf 226.65KB G5j_U5720_Species List_Raleigh Ecological Services Field Office.pdf 220.36KB 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes ( No 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Essential Fish Habitat(EFH)Mapper-This project is in Nash County which is not near any coastal or tidal habitat that would support EFH(i.e.salt marshes,oyster reefs,etc.). 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 6. N0 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* NCDOT HEU clearance 7c.Historic or Prehistoric Information Upload G7c_PA 12-05-0060 U-5026 Archaeology No survey req.pdf 216KB G7C_PA 12-05-0060 U-5026 NHPA.pdf 1.6MB G7c_PA 18-10-0022 R-5720 NHPA.pdf 4.72MB G7c_PA 18-10-0022 U-5996 R-5720 No NRHP Archaeological Sites Present Form.pdf 2.02MB 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-yearfloodplain?* s Yes r N0 8b.If yes,explain how project meets FEMA requirements: NCDOT Hydraulics Unit coordination with FEMA. 8c.What source(s)did you use to make the floodplain determination?* NC Floodmaps and FEMA's National Flood Hazard Layer Miscellaneous Comments Attached are the avoidance and minimization measures,mitigation ratio meeting summary,wetland,stream,and buffer detailed impact tables,4B/4C meeting minutes,project commitments,stream relocation plan,and stormwater management plan. Miscellaneous attachments not previously requested. GMisc_Permit_Mitigation Ratio Meeting Minutes 06042020.pdf 88.64KB GMisc_U5026_R5720_Avoidance_and_Minimization_&_4A_Measures.pdf 103.18KB GMisc_U5026_R5720_Interagency_Permit_Meeting_Minutes_4_16_2020.pdf 57.71KB GMisc_U-5026_R-5720_SMPv2.08.pdf 355.44KB GMisc_U5026_R5720_permit_app_tables_08_21_2020.pdf 96.48KB GMisc_Stream_Reforestation_Plan_8_19_2020.pdf 9.08MB Signature * 17 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: Chad Coggins Signature Date 8/25/2020