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HomeMy WebLinkAbout20210195 Ver 1_ePCN Application_20210423 I I DWR Division of Water Resources Pre-Construction Notification (PCN) Form October 26,2020 Ver 3.3 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#* 20210195 1 Is a payment required for this project?* ✓ No payment required Reviewing Office* 6 Fee received Winston-Salem Regional Office-(336)776- ✓ Fee needed-send electronic notification 9800 Select Project Reviewer* Dave Wanucha:eads\djwanucha Information for Initial Review 1a.Name of project: U-5841 1a.Who is the Primary Contact?* Jerry Parker lb.Primary Contact Email:* 1c.Primary Contact Phone:* japarker3@ncdot.gov (336)256-2063 Date Submitted 4/23/2021 Nearest Body of Water North Buffalo Creek Basin Cape Fear Water Classification WS-V;NSW Site Coordinates Latitude: Longitude: 36.081728 -79.829036 Pre-Filing Meeting Information ID# Version 20210195 1 Pre-fling Meeting or Request Date* 1/29/2021 Attach documentation of Pre-Filing Meeting Request here:* DWR Pre-Filing Meeting Request Form.pdf 53.2KB A. Processing Information C^U County(or Counties)where the project is located: Guilford Is this a NCDMS Project ✓ Yes r No Is this project a public transportation project?* ✓ Yes r No Is this a NCDOT Project?* ✓ Yes r No (NCDOT only)T.I.P.or state project number: U-5841 WBS#(7) 50232.1.1 1a.Type(s)of approval sought from the Corps: fJ Section 404 Permit(wetlands,streams and waters,Clean Water Act) r Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes r No lb.What type(s)of permit(s)do you wish to seek authorization? fJ Nationwide Permit(NWP) r Regional General Permit(RGP) r Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? C Yes rNo Nationwide Permit(NWP)Number: 14-Linear transportation NWP Numbers(for multiple NWPS): Id.Type(s)of approval sought from the DWR: 17 401 Water Quality Certification-Regular r 401 Water Quality Certification-Express r Non-404 Jurisdictional General Permit r 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 r No For the record only for Corps Permit: r Yes r No If.Is this an after-the-fact permit application?* ✓ Yes r No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? CYes rNo 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment lh.Is the project located in any of NC's twenty coastal counties? CYes rNo 1j.Is the project located in a designated trout watershed? ✓ Yes r No B. Applicant Information Id.Who is applying for the permit? 7 Owner r Applicant(other than owner) le.Is there an Agent/Consultant for this project?* ✓ Yes r No 2.Owner Information 2a.Name(s)on recorded deed: NCDOT Division 7 2b.Deed book and page no.: N/A 2c.Responsible party: 2d.Address Street Address 1584 Yanceyville St. Address Line 2 PO Box 14996 aty State/Bovine/Ftsgion Greensboro North Carolina Postal/Zip Code Country 27415 U.S.A. 2e.Telephone Number: 2f.Fax Number: (336)256-2063 (336)334-4149 2g.Email Address:* japarker3@ncdot.gov C. Project Information and Prior Project History 1. Project Information lb.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Greensboro 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address SR 2147(West Friendly Ave.)over North Buffalo Creek Address Line 2 aty State/Rovince/legion Greenboro North Carolina Postal/Zip Code Country 27403 U.S.A. 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* North Buffalo Creek 3b.Water Resources Classification of nearest receiving water:* WS-V;NSW 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. 030300020105 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:* West Friendly Avenue is currently a four-lane(12-foot lanes)undivided curb and gutter roadway within the study limits and is classified as a minor arterial in the Federal Highway Classification System.The speed limit along West Friendly Avenue is 35 miles per hour(mph)within the Project Study Area.The 2015 annual average daily traffic(AADT)along West Friendly Avenue is 20,000 vehicles per day(vpd)to the west of Pembroke Road and 16,000 vpd to the east of North Elam Avenue.Existing sidewalks are located on the north and south side of West Friendly Avenue and on the western side of North Lindell Road,north of West Friendly Avenue.Surrounding properties and features include Lake Daniel Greenway, Cone Health Wesley Long Hospital,North Buffalo Creek and tributaries,and electrical utility right-of-way(ROW).The area is highly developed with residential,commercial,and institutional development in the general vicinity. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* C Yes C 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) U-5841_Figure2_Topographic.pdf 638.15KB 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) U-5841_Figure3_SoilsMap.pdf 1.19MB 4f.List the total estimated acreage of all existing wetlands on the property: 0 4g.List the total estimated linear feet of all existing streams on the property: 336 4h.Explain the purpose of the proposed project:* The purpose of the project is to improve vehicular operations to reduce congestion and delays at the nearby intersection. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* North Carolina Department of Transportation(NCDOT)Division 7 proposes to make improvements to SR 2147(West Friendly Avenue)between Green Valley Road and just east of North Lindell Road.NCDOT anticipates widening the roadway for improving pedestrian safety and relieving congestion.It also includes operational improvements at SR 2147(West Friendly Avenue)and North Lindell Road in Greensboro,NC.The proposed project is included in NCDOT's 2018-2027 State Transportation Improvement Program as U-5841.The widening of SR 2147(West Friendly Avenue)will require extending an existing arch culvert over North Buffalo Creek.Sills installed on both sides of the culvert extension within the existing channel which will better match upstream and downstream channel widths during normal flow events.Temporary impervious dikes will be installed along both sides of North Buffalo Creek and the area between the dikes and stream banks will be dewetered for the construction of culvert footers and sills to allow work to be conducted in dry conditions.Heavy equipment will work from upland areas to complete work including installation of a temporary work structure to be used for construction of the arch culvert.The existing arch culvert, being of an uncommon construction design,will require a form to be built in place above North Buffalo Creek which will match and tie into the existing structure.Stormwater from roadway improvements will be tied into two existing pipes which will then discharge into existing outfalls on the north side of West Friendly Avenue.Impacts to Threatened and Endangered(T&E)Species or their habitat is not anticipated for the project due to the lack of suitable habitat within the project's impact footprint. 4j.Please upload project drawings for the proposed project. U-5841_Permit Drawings_20210412.pdf 2.17MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes r No CJ Unknown Comments: A site visit with a representative from both the USACE(David Bailey)and NCDWR(April Norton) occurred on February 26,2019.No changes were requested;David Bailey indicated that the Corps would not issue a JD but would instead wait on the 404 permit application for additional processing. 5b.If the Corps made a jurisdictional determination,what type of determination was made?* ✓ Preliminary r Approved r Not Verified s Unknown r N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Joshua Kotheimer,PWS Agency/Consultant Company: STV Engineers,Inc. Other: 5d1.Jurisdictional determination upload U-5841_Figure4_JurisdictionalFeatures.pdf 1.23MB 6. Future Project Plans 6a.Is this a phased project?* ✓ Yes P 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? No. D. Proposed Impacts Inventory 1. Impacts Summary la.Where are the impacts associated with your project?(check all that apply): 1 Wetlands fJ Streams-tributaries m Buffers f-Open Waters E Pond Construction 3.Stream Impacts 3a.Reason for impact(?) 3b.Impact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* 3f.Type of 3g.S.width* 3h.Impact (?) Jurisdiction* length* S1 Culvert extension Permanent Culvert North Buffalo Creek Perennial Both 20 24 Average(feet) (linear feet) S2 Impervious Dikes Temporary Dewatering North Buffalo Creek Perennial Both 20 52 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 24 52 3i.Total stream and ditch impacts: 76 3j.Comments: Impacts for the project have been minimized to the maximum extent practicable.Permanent impacts are mostly due to the inclusion of sills at the inlet opening of the culverts which were requested by the agencies during the site visit.Temporary dewatering is necessary in order to construct the sills and culvert footers;24 If of the temporary impacts overlap with permanent impacts. 6. Buffer Impacts(for DWR) 6a.Project is in which protect basin(s)? Check all that apply. l Neuse r-Tar-Pamlico ✓Catawba r Randleman r-Goose Creek IJ Jordan Lake r-Other 6b.Impact Type 6c.Per or Temp 6d.Stream name [6—e.Buffer mitigation required? 6f.Zone 1 impact 6g.Zone 2 impact Roadway P North Buffalo Creek No 1,110 313 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 1,110.00 313.00 Zone 1 Zone 2 Total combined buffer impacts: 1,110.00 313.00 6i.Comments: The majority of the project is located within the existing roadway facility which extends to the existing toe of slope for Friendly Avenue as well as Wendover Avenue.Minor improvements on the northern side of Friendly Avenue are located within the existing roadway facility.On the southwestern quadrant of the project,existing roadway fill from both roadways extends down to the top of stream bank along North Buffalo Creek.Buffer impacts located outside of the existing transportation facility are limited to the southeastern quadrant of West Friendly Avenue and North Buffalo Creek. Supporting Documentation U-5841_RiparianBuffers_04-12-21.pdf 770.97KB E. Impact Justification and Mitigation t" 1.Avoidance and Minimization 1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Extending the existing culvert instead of replacing the entire structure was incorporated which minimizes impacts to the stream and natural environment as well as the human environment.Riprap will only be placed at the inlet near the wdngwalls and will be placed above the existing ordinary high water line. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: NCDOT Best Management Practices for Construction and Maintenance Activities will be employed.Impervious dikes will be placed in the area of the culvert footings and sills so that work will be completed in the dry.A temporary work bridge will be installed by the contractor which will span the stream and allow for the arch culvert to be constructed.Work with heavy machinery will be completed with the machines working from upland areas within the existing roadway facility to minimize impacts. 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 (7 No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: Permanent stream impacts are due to the placement of sills that were requested in order to maintain flow towards the center of the culvert channel and to maintain a more natural stream width.Other stream impacts are temporary and will be removed by the completion of the project. 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 r No What type of SCM are you providing? f-Level Spreader f-Vegetated Conveyance(lower SHWT) f-Wetland Swale(higher SHWT) f-Other SCM that removes minimum 30%nitrogen f7 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 attached Stormwater Management Plan located in the Miscellaneous section. G. Supplementary Information 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 r No 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 ( No Comments:* A Minimum Criteria Determination Checklist was completed for the project;please see attached MCDC with signatures and Project Commitments located in the Miscellaneous section. 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 6' No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ✓ Yes r No 3b.If you answered"no,"provide a short narrative description. The project is already located in a highly developed area.Widening of the road will add better pedestrian access and help alleviate congestion. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes rNo6' 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 rNo 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes 0No 5d.Is another Federal agency involved?* ✓ Yes 0 No r Unknown 5e.Is this a DOT project located within Division's 1-8? ✓ Yes CNo 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC and NCNHP data and site specific surveys;please see Section 3 of the NRTR and the NRTR Memorandum.Although habitat was present for Schweinitts sunflower and small whorled pogonia within the Project Study Area depicted in the NRTR,the project's impact footprint is much smaller and includes a very limited amount of marginal potential habitat for Schweinitts sunflower and small whorled pogonia.Based on the project's minor impacts to marginal habitat and the previous plant by plant surveys,the biological conclusion remains'No Effect'for these two protected plant species.Additionally,a NCNHP report generated March 30,2021 did not identify any federally listed T&E species within one mile of the project. Consultation Documentation Upload Final NRTR_Friendly Ave September_2018.pdf 4.78MB NRTR Memorandum Friendly.pdf 132.99KB 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* f Yes f•No 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA 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?* ✓ Yes r No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* See attached"No Historic Properties Present or Affected Form"and"No Archaeological Survey Required Form" 7c.Historic or Prehistoric Information Upload 18-01-0037_Updated_NoHistProp.pdf 4.55MB U-5841 Guilford No Archaeological Survey Required Form.pdf 1.44MB 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* ✓ Yes f No 8b.If yes,explain how project meets FEMA requirements: Based on the results of the HEC-RAS model for U-5841 over North Buffalo Creek,the existing culvert can be extended with an improved beveled edge inlet without causing a rise to the established 100-year flood elevations upstream of the structure and meets the Memorandum of Agreement between the NCDOT and the NCFMP.There are structures within the floodplain boundary that will not experience a measurable increase in the established 100-year flood elevation.Guidance provided in the 1982 Federal Highway Administration(FHWA)Memorandum of Understanding with the Federal Emergency Management Agency entitled"Procedures for Coordinating Highway Encroachments on Floodplains within the Federal Emergency Management Agency(FEMA)",and the September 1992 FHWA NS 23 CFR Part 650A,Transmittal 5 have been followed.It is anticipated that the project will meet the requirements for a MOA Type 2a. 8c.What source(s)did you use to make the floodplain determination?* FEMA FIRM mapping Miscellaneous Comments Additional Miscellaneous attachments include the MCDC,No-Rise Certification,and Stormwater Management Plan. Miscellaneous attachments not previously requested. Signed_U-5841_MCDC_and_Project_Commitments.pdf 379.81KB U-5841_MOA No-Rise Certification.pdf 969.28KB U-5841_HYD_SMPv2.08_(20210329).pdf 191.43KB Signature * fJ By checking the box and signing below,I certify that: • The project proponent hereby certifies that all information contained herein is true,accurate,and complete to the best of my knowledge and belief;and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: W.R.Archer Ill,PE Signature ,G1r7tnt ' Date 4/23/2021