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HomeMy WebLinkAbout20211018 Ver 1_ePCN Application_20210621 DWR Division of Water Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1,2021 Ver4.1 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?* R Yes r No Change only if needed. BIMS#Assigned* Version#* 20211018 1 Is a payment required for this project?* ✓ No payment required 6' 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 la.Name of project: 1-5972 Interchange Improvements to 1-95 and US 70 Business(Market St.)Eat 95 1a.Who is the Primary Contact?* Chad Goggins lb.Primary Contact Email:* 1c.Primary Contact Phone:* tccoggins@ncdot.gov (252)640-6427 Date Submitted 6/21/2021 Nearest Body of Water Polecat Branch Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.50402 -78.32102 A. Processing Information County(or Counties)where the project is located: Johnston Is this a NCDMS Project ✓ Yes ( No Is this project a public transportation project?* (7 Yes r No Is this a NCDOT Project?* ✓ Yes r No (NCDOT only)T.I.P.or state project number: 1-5972 WBS#(?) 44989.1.1 Pre-Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes G No ID# Version Pre-fling Meeting or Request Date 10/9/2018 Attach documentation of Pre-Filing Meeting Request here: Click the upbad button or drag and drop files here to attach document NCDWRComments_I-5972_Scoping(1).pdf 286.14KB File type must be FCF 1a.Type(s)of approval sought from the Corps: I7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) f-Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes ✓ No lb.What type(s)of permit(s)do you wish to seek authorization? f-Nationwide Permit(NWP) fJ Regional General Permit(RGP) f-Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? ✓ Yes 6 No Regional General Permit(RGP)Number: 201902350-Work associated with bridge construction,widening,replacement,and interchanges RGP Numbers(for multiple RGPS): ld.Type(s)of approval sought from the DWR: I7 401 Water Quality Certification-Regular 1 401 Water Quality Certification-Express f-Non-404 Jurisdictional General Permit I Riparian Buffer Authorization f- Individual 401 Water Quality Certification le.Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: r Yes t No For the record only for Corps Permit: r Yes t No If.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? 6 Yes r No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes rNo 1h.Is the project located in any of NC's twenty coastal counties? ✓ Yes (' No 1j.Is the project located in a designated trout watershed? ✓ Yes ( No B. Applicant Information Id.Who is applying for the permit? f-Owner fJ Applicant(other than owner) le.Is there an Agent/Consultant for this project?* ✓ Yes ( No 2.Owner Information 2a.Name(s)on recorded deed: NC DOT 2b.Deed book and page no.: 2c.Contact Person: 2d.Address Street Address P.O.Box 3165 Address Line 2 Criy State/Province/legion Wilson NC Postal/Zip Corte Country 27895-3165 USA 2e.Telephone Number: 2f.Fax Number: (252)640-6427 2g.Email Address:* tccoggins@ncdot.gov 3.Applicant Information(if different from owner) 3a.Name: Chad Coggins 3b.Business Name: NC DOT division 4 3c.Address Street Address P.O.Box 3165 Address Line 2 atY State/Ftovince/legion Wilson NC Fbstal/ZZp Code Country 27895-3165 USA 3d.Telephone Number: 3e.Fax Number: (242)640-6427 3f.Email Address:* tccoggins@ncdot.gov C. Project Information and Prior Project History 1. Project Information lb.Subdivision name: (rf appropriate) 1c.Nearest municipality/town: Smithfield 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address Line 2 al)/ State/Province/legion Fbstal/Zlp Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Polecat Branch 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. 030202011702 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:* Current land use in the vicinity of this project include forestry,agriculture,and single family housing east of the project area,while the western boundary of the project area is characterized by large scale retail stores and an educational campus. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* ✓ Yes f No r Unknown 4f.List the total estimated acreage of all existing wetlands on the property: 2.02 4g.List the total estimated linear feet of all existing streams on the property: 1388 4h.Explain the purpose of the proposed project:* The purpose of this project is to upgrade the interchange between 1-95 and US-70 business,by raising the bridge overpass on 1-95 to the standard 17.5-foot of vertical clearance for safe passage of standard size vehicles,and for the safe expansion for a future widening of 1-95. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* Raising the US-70 business bridge at the 1-95 interchange in order to prepare the interchange for a future widening project that was stated in the Johnston County Comprehensive Transportation Plans.Heavy road and bridge equipment will be used for this project. 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes r No O Unknown Comments: USACOE made site visit however PJD was not signed 5b.If the Corps made a jurisdictional determination,what type of determination was made?* ✓ Preliminary r Approved 6 Not Verified r Unknown r N/A Corps AID Number: SAW-2018-01732 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Pete Stafford Agency/Consultant Company: RKK Other: 6. Future Project Plans 6a.Is this a phased project?* ✓ Yes ( 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): 17 Wetlands 17 Streams-tributaries fJ 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* 3A Permanent Fill P Headwater Forest WA Yes Both 0.380 (acres) 3B Permanent Fill P Headwater Forest WA Yes Both 0.370 (acres) 3B Mechanized Clearing P Headwater Forest WA Yes Both 0.040 (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.000 0.790 2g.Total Wetland Impact 0.790 2i.Comments: 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 1 Permanent Relocation TA/UT to PoleCat Branch Jurisdictional Ditch Both 3 290 Average(feet) (linear feet) S2 Site1 Temporary Dewatering TA/UT to Polecat Branch Jurisdictional Ditch Both 3 10 Average(feet) (linear feet) S3 Site 2 Permanent Relocation TB/UT to Polecat Branch Jurisdictional Ditch Both 3 29 Average(feet) (linear feet) S4 Site 4 A Permanent Bank Stabilization SA/UT to Polecat Branch Perennial Both 10 18 Average(feet) (linear feet) S5 Site 4 A Temporary Dewatering SA/UT to Polecat Branch Perennial Both 10 18 Average(feet) (linear feet) S6 Site 4B Permanent Culvert SA/UT to Polecat Branch Perennial Both 10 161 Average(feet) (linear feet) S7 Site 4B Temporary Dewatering SA/UT to Polecat Branch Perennial Both 10 35 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 987 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 498 63 3i.Total stream and ditch impacts: 561 3j.Comments: 6. Buffer Impacts(for DWR) 6a.Project is in which protect basin(s)? Check all that apply. p Neuse r Tar-Pamlico r Catawba r Randleman r Goose Creek r Jordan Lake r Other 6b.Impact Type 6c.Per or Temp 6d.Stream name 6e.Buffer mitigation required? 6f.Zone 1 impact 6g.Zone 2 impact Allowable P Polecat Branch No 1,361 181 Allowable w/mitigation P Polecat Branch Yes 11,717 7,804 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 13,078.00 7,985.00 Zone 1 Zone 2 Total combined buffer impacts: 13,078.00 7,985.00 6i.Comments: E. Impact Justification and Mitigation 1.Avoidance and Minimization la.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Prior to the initiating of the design phase for this project,all jurisdictional areas were identified and taken into account by the design team.During the design phase of this project,there was major focus on minimization of wetland,stream,and buffer impacts to the greatest degree practicable.The new structure has also incorporated a dual culvert underpass,allowing minimum hydraulic interference during normal activity while also allowing increase waterflow during major rain events. 1b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Throughout construction a copy of the permit will be maintained on site and strictly adhered to.All construction equipment will be staged and operated from upland areas.Silt fencing will be installed and regularly inspected to ensure protection of the streams and wetlands adjacent to the project. Safety fencing will be used to delineate jurisdictional and environmentally sensitive areas from encroachment. 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 rNo 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? n Mitigation bank 17 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. ✓ Yes r No 4b.Stream mitigation requested: (linear feet) 4c.If using stream mitigation,what is the stream temperature: 161 warm 4d.Buffer mitigation requested(DWR only): 4e.Riparian wetland mitigation requested: (square feet) (acres) 19521 .790 4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested: (acres) (acres) 0 0 4h.Comments We propose a 1:1 ratio for impacts associated with stream SA based on the SAM form indicating a low quality stream.We propose a 2:1 ratio for impacts associated with wetland WA based on the WAM form indicating a high quality wetland. 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. ( 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 Road Fill 11,717 3 35,151 Zone 2 Road Fill 7,804 1.5 11,706 6f.Total buffer mitigation required 46857 6g.If buffer mitigation is required,is payment to a mitigation bank or NC Division of Mitigation Services proposed? ✓ Yes r No 6j.Comments: 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? 6 Yes r No What type of SCM are you providing? n Level Spreader n Vegetated Conveyance(lower SI- T) n Wetland Swale(higher SHWT) n Other SCM that removes minimum 30%nitrogen 17 Proposed project will not create concentrated stormwater flow through the buffer 2.Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* 6 Yes C 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?* 6 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(NEPAISEPA)?* ✓ Yes a No Comments:* CE available upon request 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 C.' 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 purpose of this project is to improve traffic flow on the interchange of interstate-95 and US-70 business and prepare interchange for a future widening 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes a 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 (1- No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes C.' No 5d.Is another Federal agency involved?* ✓ Yes (.7 No r Unknown 5e.Is this a DOT project located within Division's 1-8? R Yes r No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Dwarf Wedgemussel,Yellow Lance,and Tar River Spinymussel are listed on the ESA federally protected species list for Johnston County;a field survey conducted by Niel Medlin concluded that there is no habitat for these listed species within the project site.Red-cockaded Woodpecker and Michaux's sumac are also present on the ESA federally endangered species list;Red-cockaded woodpecker foraging habitat was identified in the project area,and a RCW foraging survey was conducted on November 19,2018 and the results show no active trees within.5 miles of the project site. A historic NHP occurrence happened on August 15,2018 on Johnston Community College campus,but was deemed historical and no RCW were observed during field review;therefore this project will have no effect on red-cockaded woodpecker.A field survey on August 6,2018 indicated the presence of easily successional areas in the form of maintained roadside habitat.A field survey was conducted that concluded that no populations of Michaux's sumac were present in the study area;therefor this project will have no effect on Michaux's sumac. 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes f No 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* 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 6 No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* HEU clearance 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* ✓ Yes ( No 8c.What source(s)did you use to make the floodplain determination?* NC FRIS M iscel Ianeous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review.Documents should be combined into one file when possible,with a Cover Letter,Table of Contents,and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach docurrent 1-5972 soil map.pdf 653.63KB 1-5972 Topo map.pdf 4.2MB I-5972_HYD_SMPv2.08_(20210602)(Apr 2018).pdf 193.26KB 1-5972_Permit Drawings_20210602.pdf 8.01MB I-5972_Permit Drawings_BUFFER_20210602.pdf 2.25MB 18-09-0104NoSurveyRevised(1).pdf 3.34MB PA 18-09-0104 REVISED APE I-5972 No NRHP Archaeological Sites Present Form 1-95 US 70B Johnston(1).pdf 1.99MB Fle rrust be HT or IQVY Comments The attached files are important documents that pertain to this project,including:Soil map of project area,topographic map of project area,Storm water management plan,permit drawings of buffer and wetland impact,No historic architecture and landscapes survey require form,and a No historical or archaeological sites present form. Signature U * 17 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: Chad Coggins Signature Date 6/21/2021