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HomeMy WebLinkAbout20211409 Ver 1_ePCN Application_20210921 I I 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#* 20211409 1 Is a payment required for this project?* ✓ No payment required (7 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: Ranch Road/NC 42 Extension 1a.Who is the Primary Contact?* Byron G.Bateman 1b.Primary Contact Email:* 1c.Primary Contact Phone:* bgbateman@ncdot.gov (252)714-9719 Date Submitted 9/21/2021 Nearest Body of Water UT to Little Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.63433 78.44397 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?* ( Yes r No Is this a NCDOT Project?* ( Yes r No (NCDOT only)T.I.P.or state project number: U-6223 WBS#(?) 49502 Pre-Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes G No ID# Version Pre-fling Meeting or Request Date 4/28/2020 Attach documentation of Pre-Filing Meeting Request here: Click the upload button or drag and drop files here to attach document 042820_U-6223 Wetland and Stream Impacts and Permitting Strategy Meeting_(002)(002).pdf 149.81KB Pie type crust be FCF 1a.Type(s)of approval sought from the Corps: (7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) fJ 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? f7 Nationwide Permit(NWP) ✓Regional General Permit(RGP) ✓Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? G Yes r No Nationwide Permit(NWP)Number: 23-Categorical Exclusions 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 ✓Non-404 Jurisdictional General Permit 17 Riparian Buffer Authorization ✓ 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 6' No For the record only for Corps Permit: r Yes 6 No If.Is this an after-the-fact permit application?* ✓ Yes t: No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? 6 Yes rNo 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes rNo lh.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? ✓ Yes f No B. Applicant Information 1d.Who is applying for the permit? 17 Owner r Applicant(other than owner) le.Is there an Agent/Consultant for this project?* ✓ Yes f No 2.Owner Information 2a.Name(s)on recorded deed: NCDOT 2b.Deed book and page no.: 2c.Contact Person: Chad Goggins 2d.Address Street Address 509 Ward Blvd Address Line 2 atY State/Bovine/!Region Wilson NC Postal/Stp Cork Country 27895-3165 USA 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 1b.Subdivision name: (f appropriate) N/A 1c.Nearest municipality/town: Clayton 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address Line 2 Oty Slate/Bovine/!Region Postal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* UT to Little Creek 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. 030202011005 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 project site lies south of and adjacent to the heavily traveled US 70 corridor.The prevailing land use is residential development interspersed with light commercial and retail establishments with small wooded areas between neighborhoods. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* C Yes G No C Unknown 4f.List the total estimated acreage of all existing wetlands on the property: 0.70 4g.List the total estimated linear feet of all existing streams on the property: 300 4h.Explain the purpose of the proposed project:* U-6223 proposes to construct a new-location roadway connection between US 70 Business where it intersects with NC 42 east and Little Creek Church Road and to realign the intersection of Little Creek Church Road and Ranch Road.These actions will provide a network connection that will allow direct access to US 70 Bypass from NC 42,improving the existing condition which requires travel on US 70 Business near the center of Clayton.Ranch Road interchanges with US 70 Bypass approximately 1.5 miles south of the project location.It is anticipated that Ranch Road,and the new connector built with U-6223,will be re-shielded to be NC 42. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* U-6223 proposes to construct a new-location roadway connection between US 70 Business where it intersects with NC 42 east and Little Creek Church Road,and to realign the intersection of Little Creek Church Road and Ranch Road. Standard earth moving and roadbuilding equipment including bulldozers,excavators,rollers,pans,motor graders,and dump trucks will be utilized to clear the corridor. Erosion control measures will be placed as specified on an approved Sediment and Erosion Control Plan.The roadway will be cut/filled to achieve the desired elevations and conformity with current NCDOT Standards and Specifications.Unsuitable material will be removed and disposed of in an approved facility and suitable material will be brought in as needed. An appropriately designed structure will be placed to ensure the continued flow of a jurisdictional stream that is within the project limits. 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes r No C Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* 6 Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2019-00962 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Nathan Howell&Liz Cawley Agency/Consultant Company: Three Oaks Engineering,INC. Other: 5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR March 15,2021 6. Future Project Plans 6a.Is this a phased project?* C Yes R 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.See attached summary on Avoidance and Minimization 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 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* 1 Fill P Bottomland Hardwood Forest WA Yes Both 0.474 (acres) 1 Mechanized Clearing T Bottomland Hardwood Forest WA Yes Both 0.114 (acres) 1 Hand Clearing T Bottomland Hardwood Forest WA Yes Both 0.024 (acres) 2 Fill P Headwater Forest WB Yes Both 0.014 (acres) 2 Mechanized Clearing T Headwater Forest WB Yes Both 0.033 (acres) 2 Hand Clearing T Headwater Forest WB Yes Both 0.041 (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.212 0.488 2g.Total Wetland Impact 0.700 2i.Comments: 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 Site 1 Permanent Culvert UT Little Creek Perennial Both 3 207 Average(feet) (linear feet) S2 Site 1 Temporary Dewatering UT Little Creek Perennial Both 3 26 Average(feet) (linear feet) S3 Site 1 Permanent Bank Stabilization UT Little Creek Perennial Both 3 37 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 244 26 3i.Total stream and ditch impacts: 270 3j.Comments: 6. Buffer Impacts(for DWR) 6a.Project is in which protect basin(s)? Check all that apply. FJ 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 Roadway Construction P UT Little Creek Yes 14,904 9,077 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 14,904.00 9,077.00 Zone 1 Zone 2 Total combined buffer impacts: 14,904.00 9,077.00 6i.Comments: 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 attachment U-6223 Avoidance and Minimization lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All appropriate BMPs and Permit Conditions will be adhered to during construction of the project. 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? (7 Yes r No 2c.If yes,mitigation is required by(check all that apply): 7 DWR fJ Corps 2d.If yes,which mitigation option(s)will be used for this project? n Mitigation bank (7 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. 6 Yes r No 4b.Stream mitigation requested: (linear feet) 4c.If using stream mitigation,what is the stream temperature: 207 warm 4d.Buffer mitigation requested(DWR only): 4e.Riparian wetland mitigation requested: (square feet) (acres) 4956 .49 4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested: (acres) (acres) N/A WA 4h.Comments Buffers in wetlands were subtracted from the Buffer Mitigation request. 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 r No 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 1,197 3 3,591 Zone 2 Roadway Construction 3,759 1.5 5,639 6f.Total buffer mitigation required 9230 6g.If buffer mitigation is required,is payment to a mitigation bank or NC Division of Mitigation Services proposed? ( Yes r No 6j.Comments: See attached acceptance letter from DMS. 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 I7 Vegetated Conveyance(lower SHWT) r-Wetland Swale(higher SHWi) n Other SCM that removes minimum 30%nitrogen n 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?* ( Yes r No Comments: See attached Stormwater Management Plan 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:* MCDC 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 f No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ✓ Yes a No 3b.If you answered"no,"provide a short narrative description. This roadway project should not have long term effects on the air quality,water quality,ground water,human health,or the environment in general in the project area or surrounding area.The roadway improvements,and any other subsequent development will have to comply with strict watershed regulations including impervious surface limits and requirements for engineered stormwater controls to prevent increase in post-development stormwater runoff.Each development or associated roadway improvement will also be required to permit and justify their own impacts to jurisdictional waters,if any are required.Any development in the area will be required to follow appropriate local,state,and federal guidelines and permitting regulations. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes f 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 6. No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes f• No 5d.Is another Federal agency involved?* ✓ Yes t No r Unknown 5e.Is this a DOT project located within Division's 1-8? C' Yes r No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPAC,Aquatic Species Survey Report(Attached) 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?* 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 RNo 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* See attached documentation regarding the findings of No Sites Present State Architecture and Archaeology. 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c.What source(s)did you use to make the floodplain determination?* FEMA Map No.3720166800K Panel 1668 Miscellaneous 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 19-05-0013_NoHistoricProperties.pdf 615.52KB AR19-05-0013NoSitesPresent.pdf 26.16MB Little Creek Church and Ranch RD_IPAC_Species_List.pdf 231.49KB U-6223 aquatics report.pdf 846.52KB U-6223 avoidance and minimization.pdf 138.94KB U-6223_PERMIT_PACKAGE_8_26_2021_.pdf 4.23MB Accept_U-6223_Div 4.pdf 476.46KB Hie crust be FIT orf uE Comments Signature R * 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: Byron G.Bateman Signature Date 9/21/2021