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HomeMy WebLinkAbout20200967 Ver 2_401 Application_20201113 I I DWR Division of Water Resources Pre-Construction Notification (PCN) Form September 1,2020 Ver 3.2 Initial Review Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* 0 Yes r No Change only if needed. BIMS#Assigned* Version#* 20200697 2 Is a payment required for this project?* ✓ No payment required What amout is owed?* ✓ Fee received F $240.00 6 Fee needed-send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Central Office-(919)707-9000 Rob Ridings:eads\rgridings Information for Initial Review 1a.Name of project: Davis Park East-Hopson Road Widening 1a.Who is the Primary Contact?* William Sullivan lb.Primary Contact Email:* 1c.Primary Contact Phone:* wlliam.sullivan@kimley-horn.com (919)677-2113 Date Submitted 11/13/2020 Nearest Body of Water Stirrup Iron Creek Basin Neuse;Cape Fear Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.877263 -78.854744 A. Processing Information u County(or Counties)where the project is located: Durham Is this a NCDMS Project ✓ Yes G No Is this project a public transportation project?* a Yes r No Is this a NCDOT Project?* ✓ Yes f' No 1a.Type(s)of approval sought from the Corps: 17 Section 404 Permit(wetlands,streams and waters,Clean Water Act) 1 Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) lb.What type(s)of permit(s)do you wish to seek authorization? 7 Nationwide Permit(NWP) r Regional General Permit(RGP) r Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? ✓ Yes r No Nationwide Permit(NWP)Number: 14-Linear transportation NWP Numbers(for multiple NWPS): Id.Type(s)of approval sought from the DWR: (7 401 Water Quality Certification-Regular r 401 Water Quality Certification-Express r Non-404 Jurisdictional General Permit 17 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 DWR 401 Certification: r Yes 6 No For the record only for Corps Permit: r Yes 6 No lf.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? C Yes (' 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 f• No 1j.Is the project located in a designated trout watershed? ✓ Yes f No B. Applicant Information 1d.Who is applying for the permit? (7 Owner r Applicant(other than owner) le.Is there an Agent/Consultant for this project?* 6 Yes r No 2.Owner Information 2a.Name(s)on recorded deed: Research Triangle,Ltd. 2b.Deed book and page no.: N/A(Linear Transportation ROW) 2c.Responsible party: Frank Schrimsher 2d.Address Street Address 600 E Colonial Drive Address Line 2 Suite 100 (Sty State/Ravine/Region Orlando FL Rstal/Zip Code Country 32803 USA 2e.Telephone Number: 2f.Fax Number: (407)493-9293 2g.Email Address:* schrimsher24@gmail.com 4.Agent/Consultant(if applicable) 4a.Name: William Sullivan 4b.Business Name: Kimley-Horn 4c.Address Street Address 421 Fayetteville Street Address Line 2 Suite 600 (Sty State/Rovince/Region Raleigh NC Postal/Zip Code Country 27601 USA 4d.Telephone Number: 4e.Fax Number: (919)677-2113 4f.Email Address:* william.sullivan©kimley-horn.com Agent Authorization Letter* DavisParkEast_AA_SIGNED_2020-07-14_114021.pdf 1.33MB C. Project Information and Prior Project History e). 1. Project Information 1b.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Durham 2. Project Identification 2a.Property Identification Number: 2b.Property size: WA(Linear Transportation ROW) 18.7 2c.Project Address Street Address N/A(Linear Transportation ROW) Address Line 2 (Sty State/Rovince/Region Durham NC Festal/Zip Code Country 27560 USA 3. Surface Waters 3a.Name of the nearest body of water to proposed project:* Stirrup Iron Creek 3b.Water Resources Classification of nearest receiving water:* C;NSW 3c. What river basin(s)is your project located in?* Neuse Cape Fear 3d.Please provide the 12-digit HUC in which the project is located. 030202010801;030300020605 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:* The proposed project is located within the city limits of Durham in Durham County,NC.Hopson Road(SR 1978)exists as a two-lane roadway from Shiloh Road to S Miami Boulevard (NC 54).The project area is bisected by a Norfolk-Southern railroad and intersected by S Miami Boulevard to the east.The project area is loosely bound by 1-40 to the east,NC 147 to the west,and commercial and residential land to the north and south.Land use in the vicinity of the project is composed primarily of medium to high density residential areas, undeveloped forestland,and commercial buildings. 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) Fig2_DavisParkEast_USGS_.pdf 670.04KB 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) Fig4_DavisParkEast_NRCS.pdf 1.12MB 4f.List the total estimated acreage of all existing wetlands on the property: 0.07 acre 4g.List the total estimated linear feet of all existing streams on the property: 225 LF 4h.Explain the purpose of the proposed project:* The purpose of the proposed project is to improve a length of Hopson Road to the City of Durham ultimate 4-lane median divided typical section in order to increase vehicle mobility and safety along the public thoroughfare. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The project proposes to convert Hopson Road to a 4-lane median divided typical section from the existing 4-land divided section at Distribution Drive to Miami Boulevard,approximately 2,600 linear feet.In addition,the project proposes intersection improvements and the addition of turn lanes at the intersections of Hopson Road and Miami Boulevard,and Hopson Road and Keystone Park Drive.The project proposes minor grading and drainage improvements within both wetlands identified along the project corridor,an extension of the existing culvert along Stream S1,and grading and easement acquisition within the riparian buffer zones.Impacts to the features have been minimized by tightening fill slopes and making use of the existing transportation facility where ever feasible.Equipment typical of roadway construction projects will be used,including but not limited to pavers,skid steers,screeds,and cement trucks. 4j.Please upload project drawings for the proposed project. 2020-11-06_Davis Park East Hopson Road Widening-Full Set for Submittal.pdf 15.9MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* a Yes r No Cl Unknown Comments: Kimley-Horn staff delineated the project area in June 2020. 5b.If the Corps made a jurisdictional determination,what type of determination was made?* a Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2020-01315 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): William Sullivan and Mackenzie Richards Agency/Consultant Company: Kimley-Horn Other: 5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR April Norton(USAGE)conducted a field review of the project study area on August 11,2020 and issued a preliminary jurisdictional determination on August 28,2020(attached).Rob Ridings(NCDWR)issued a buffer determination letter for the project on July 30,2020(attached). 5d1.Jurisdictional determination upload DavisParkEast_Buffer_Ver 1_Approval Letter_20200730.pdf 395.81KB SAW-2020-01315_PJD_Davis Park Eastrevised1.pdf 2.13MB 6. Future Project Plans 6a.Is this a phased project?* rYes l3No 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? The proposed project is a single and complete project designed to bring this section of Hopson Road up to the City of Durham typical section standards and improve safety and mobility within the immediate area.No future phases are proposed as part of this project.The developer is required by the City to improve this length of Hopson Road adjacent to their development and the project will help to maintain safe travel and congestion levels along the public thoroughfare outside of the development. [1_1 Proposed Impacts Inventory 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): 17 Wetlands 17 Streams-tributaries m Buffers r Open Waters r Pond Construction 2.Wetland Impacts 2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 12c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of 2g.Impact IJurisdicition*(?) area* Site 1 Construction Access T Headwater Forest W1 No Both 0.003 (acres) Site 1 Culvert P Headwater Forest W1 No Both 0.007 (acres) Site 1 Rip rap P Headwater Forest W1 No Both 0.001 (acres) Site 2 Construction Access T Headwater Forest W2 Yes Both 0.005 (acres) Site 2 Roadway Fillslope P Headwater Forest W2 Yes Both 0.015 (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.008 0.023 2g.Total Wetland Impact 0.031 2h.Comments: Wetland impacts at Site 1 will result from the extension of an existing culvert below Hopson Road.Permanent impacts at Site 1 will occur from the placement of culvert and fill within wetland W1.Additionally,permanent no net loss of water impacts at Site 1 will occur from the placement of keyed in rip rap stabilization at the culvert outlet.Temporary impacts at Site 1 will be necessary to construct the culvert extension and will be limited to the acquired easement. Wetland impacts at Site 2 will result from the widening of Hopson Road and its fillslope.Permanent impacts will occur as a result of the placement of fill material to support the proposed road widening.Temporary impacts will be necessary at Site 2 to construct the road widening and will be limited to the acquired easement. 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 Site 2-Construction Access Temporary Other S1 Intermittent Corps 4 8 Average(feet) (linear feet) S2 Site 2-Culvert Extension Permanent Culvert S1 Intermittent Corps 4 146 Average(feet) (linear feet) S3 Site 2-Rip Rap Permanent Rip Rap Fill S1 Intermittent Corps 4 16 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 162 8 3i.Total stream and ditch impacts: 170 3j.Comments: Stream impacts at Site 2 will result from the extension and realignment of an existing culvert below Hopson Road.Permanent stream impacts at Site 2 will occur from the placement of the new culvert and fill.Permanent no net loss of water impacts at Site 2 will occur from the placement of keyed in rip rap stabilization at the culvert outlet.Temporary stream impacts at Site 2 will be necessary to construct the culvert extension and will be limited to the acquired easement. 6. Buffer Impacts(for DWR) 6a.Project is in which protect basin(s)? Check all that apply. I7 Neuse r Tar-Pamlico r Catawba I- Randleman ✓Goose Creek r 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 Site 2-Road Widening P S1 No 5,344 1,990 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 5,344.00 1,990.00 Zone 1 Zone 2 Total combined buffer impacts: 5,344.00 1,990.00 6i.Comments: Buffer impacts along stream S1 will occur as a result of the road widening and expansion of the transportation facility.Stream S1 is near perpendicular to the road crossing except for a small portion that runs parallel to the road before entering the culvert. Supporting Documentation 2020-11-09_Davis Park East Pod B_Imoact Figure.pdf 538.32KB 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: Impacts to jurisdictional streams,wetlands,and protected riparian buffer zones have been avoided and minimized to the extent practical throughout the design process.The road widening and improvements will be constructed primarily within existing rights-of-way and make use of the existing roadway to the extent possible while still accommodating the traffic volume needs.Where possible,fill slopes have been tightened to avoid additional impacts to wetlands,streams,and buffers.The proposed culvert along S1 has been sized to allow for high-flow events and will be buried to allow aquatic movement through the system. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to streams,wetlands,and riparian buffers within the corridor will be minimized to the extent practical throughout the construction process by avoiding these features where ever possible.Equipment staging and construction access will be located in upland areas throughout the corridor,and silt fencing will be installed around the permitted limits of disturbance to ensure all work is contained within the permitted areas.Temporary sediment control fencing and check dams will be installed to reduce downstream sedimentation during construction.A temporary pump around device will be used to install the culvert on Stream S1 to allow working in the dry 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? ✓ Yes ( No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: Due to the minimal permanent loss of water impacts(<150 linear feet of stream and<0.10 acre of wetland)resulting from the project,no mitigation is being proposed.Additionally,buffer impacts will result from a near perpendicular crossing of stream S1 and will total<1/3 acre of total permanent impacts,therefore deemed allowable with authorization under the Neuse River Basin Buffer Rule:Table of Uses.The road widening has been designed such that impacts to jurisdictional features have been minimized to the extent practical while still allowing the permittee to achieve the project purpose. 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? ( Yes rNo What type of SCM are you providing? n Level Spreader n Vegetated Conveyance(lower SHWT) n Wetland Swale(higher SHWT) 7 Other SCM that removes minimum 30%nitrogen n Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation Drainage Report.pdf 2.92MB 2.Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ( Yes r No 2d.Which of the following stormwater management program(s)apply: I7 Local Government r State Local Government Stormwater Programs f7 Phase II r NSW r USMP 17 Water Supply Please identify which local government stormwater program you are using. Durham Comments: The project will be covered as offsite roadway improvements under the adjacent Davis Park East-Pod B approved stormwater management plan.Documentation is attached. The proposed roadway widening would add curb and gutter along this length of Hopson Road.The curb and gutter will collect stormwater and route it through and underground pipe system to stream Si.Due to topographical constrains(i.e.a sag in the road at the stream crossing)and the adjacent developments,stormwater will be routed directly into the culvert of Si. G. Supplementary Information C^U 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 ( No 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)?* ✓ Yes ( No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ✓ Yes ( No 3b.If you answered"no,"provide a short narrative description. The proposed project is a single and complete roadway improvement project to widen a section of Hopson Road.The project will not result in additional development within the area. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes 6 No r 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?* ✓ Yes ( No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes f No 5d.Is another Federal agency involved?* ✓ Yes f No r Unknown 5e.Is this a DOT project located within Division's 1-8? ✓ Yes (' No 5f.Will you cut any trees in order to conduct the work in waters of the U.S.? 6 Yes r No 5g.Does this project involve bridge maintenance or removal? ✓ Yes F No 5h.Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes f 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.? ✓ Yes (' No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS lists bald eagle,dwarf wedgemussel,Michaux's sumac,and smooth coneflower as the four federally protected species known to occur in Durham County.In addition,the Carolina madtom,Neuse River waterdog,and Atlantic pigtoe are proposed for listing and known to occur in Durham County.A review of the NCNHP Element Occurrence Database(updated October 2020)identifies no known occurrences of any federally-listed or proposed species in or within a 1.0-mile radius of the project area.The project is not anticipated to impact any federally-listed or proposed species. Suitable habitat for bald eagle is not present within the project area due to the lack of open water foraging sources and the lack of nesting sites. Suitable habitat for aquatic species(dwarf wedgemussel,Carolina madtom,Neuse River waterdog,and Atlantic pigtoe)is not present within the project area due to the lack of perennial surface waters.Due to the lack of suitable habitat within the project corridor and the lack of known occurrences,it has been determined that the proposed project would have no effect on these species. Kimley-Horn staff conducted pedestrian surveys along the corridor for Michaux's sumac and smooth coneflower in June 2020 and no individuals were identified.Due to the lack of observed individuals and the lack of known occurrences,it has been determined that the proposed project would have no effect on these plant species. The NLEB is known to occur in Durham County;however,following the SLOPES guidelines,the project is"located outside of a red HUC and there are percussive activities,but the percussive activities will not occur within 0.25-mile of a red HUC boundary,and the activity will NOT include bridge removal or maintenance,unless the bridge has been inspected and there is no evidence of bat use." 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?* ✓ Yes (zNo 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA Essential Fish Habitat Mapper was reviewed on October 22,2020.No essential fish habitat was found within the project area or within the vicinity of the project. 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?* ✓ Yes (zNo 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* A review of the State Historic Preservation Office(NCSHPO)HPOWEB GIS Service database performed on October 22,2020 identified one historical site listed as"Determined Eligible"(DOE)within the project study area:Farm Complex(0'Briant Farm).The 0'Briant Farm site is located along the south side of Hopson Road vicinity and was listed as DOE in 1999.The farm complex is composed of approximately 7.2 acres,0.49 acres of which are located within the project study area. A review of historical aerial imagery indicates that the O'Briant Farm complex was completely demolished when the Norfolk Southern Railroad and Hopson Road grade separation was constructed in 2013.Due to the removal of the O'Briant Farm site,the lack of other known historic sites in the area,and the minimal impact anticipated from project construction,is anticipated that the proposed project will have no impact on historical or cultural resources. 7c.Historic or Prehistoric Information Upload 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* ✓ Yes f• NO 8c.What source(s)did you use to make the floodplain determination?* The FEMA Digital Flood Insurance Map(DFIRM)Panel 3720074700J(effective May 2,2006)was accessed on October 22,2020.Locations along the western end of the project study area and the riparian areas associated with delineated stream S1 were located within a 0.2%Annual Chance Flood Hazard. Miscellaneous (.) Comments Miscellaneous attachments not previously requested. DavisParkEast_Buffer_Ver 1_Approval Letter_20200730.pdf 395.81KB SAW-2020-01315_PJD_Davis Park Eastrevised1.pdf 2.13MB Fig3_DavisParkEast_JDFeat.pdf 1.34MB Pre-Filing Meeting is not needed for Davis Park East-Hopson Rd Widening-20200967 Ver 2.pdf 147.56KB DWR Pm-Filing Meeting Request Form.pdf 53.31KB NPDES10112020.pdf 294.73KB Signature U * 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: William Sullivan Signature cllizrvL 11 (17/4 20r Date 11/13/2020