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HomeMy WebLinkAbout20140140 Ver 1_401 Application_20140211� y aP 2014 �auS J�f� �dCgCJ CITY OF ELIZABETH CITY "iLti January 27, 2014 NCDENR -DWQ 401 Unit 512 N. Salisbury St. 9'h floor Raleigh, NC 27604 2 0 1 4' 0 1' 4 0 RE: City of Elizabeth City — Halstead Blvd. Trail (NCDOT E -4991) Please find enclosed five (5) signed copies of the Pre - Construction Notification (PCP). form and five (5) sets of plan sheets. Please give me a call if you have any questions or need additional information. Thanks for you help. Sincerely, L netta Brothers, Assistant Public Utilities Director City of Elizabeth City 410 Pritchard Street Elizabeth City, NC 27909 252- 337 -6628 POST OFFICE BOX 347 - ELIZABETH CITY, NORTH CAROLINA 27907 -0347 - (252) 338 -3981 of WArF9 2014 1 40 1 4 0 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X.Yes ❑. No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because-written approval-is-not required? For the record only for DWQ 401- Certification: ❑ Yes ❑ No For the record only for Corps Permit: ❑ Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. FRI Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: City of Elizabeth City - Halstead Blvd. Trail ( NCDOT E4991) 2b. County: Pasquotank 2c. Nearest municipality / town: Elizabeth City, NC 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: E -4991 3. Owner Information 3a. Name(s) on Recorded Deed: City of Elizabeth City, NC (Right -of -Ways and Easements) 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 306 E. Colonial Ave. / PO Box 347 3e. City, state, zip: Elizabeth City, NC 27907 -0347 3f. Telephone no.: 252- 337 -6628 3g. Fax no.: 252- 338 -1946 3h. Email address: pfredette @cityofec.com (Paul Fredette, Director of Public Utilities) Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Ben E. Williams, AICP CEP 5b. Business name (if applicable): RIVERS AND ASSOCIATES, INC. 5c. Street address: 107 E. 2nd Street 5d. City, state, zip: Greenville, NC 27834 5e. Telephone no.: 252 - 752 -4135 5f. Fax no.: 252 - 752 -3974 / 5g. Email address: bwilliams @dversandassociates.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N /A, IN PUBLIC EASEMENT /R -O -W 1 b. Site coordinates (in decimal degrees): Latitude: 36.299673 Longitude: - 76.253208 1 c. Property size: N/A acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Knobbs Creek (C;Sw) 2b. Water Quality Classification of nearest receiving water: C;Sw 2c. River basin: Pasquotank 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: See Attached Narrative 3b. List the total estimated acreage of all existing wetlands on the property: less than 0.25 acre. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: Construction of a multi - purpose trail for bicycle and pedestrian transportation. 3e. Describe the overall project in detail, including the type of equipment to be used: See Attached Narrative 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? 0 Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? 0 Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Ben E. Williams, AICP CEP Agency /Consultant Company: Rivers and Associates, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ❑ No ❑Unknown 5b. If yes, explain in detail according to "help file" instructions. No environmental permits have been obtained for this portion of the project. The previously constructed portion of the trail was reviewed under US Am 6. Future Project Plans 6a. Is this a phased project? ❑X Yes ❑ No 6b. If yes, explain. This is a linear bicycle /pedestrian trail that will have future phases of construction to extend trail to other destinations/connections. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a.' Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland No Corps 0.01 W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.01 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one S2 - Choose one - - S3 - Choose one - S4 - Choose one - - S5 - Choose one - S6 - Choose one - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form - Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: S. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated' P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then vou MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse E] Tar-Pamlico ❑ Catawba ❑ Randleman ®Other: 6b. Buffer Impact number— Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet 61 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes /No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 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 ❑X No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: S. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes Q No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 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? Yes X❑ No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes" ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 20.06% 2b. Does this project require a Stormwater Management Plan? Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: See Attached SW Plan 2e. Who will be responsible for the review of the Stormwater Management Plan? NCDENR -Div. of Water Quality 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with,proof of approval been attached? ❑Yes OX No 4. DWQ Stormwater Program Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): OCoastal counties ❑HQW ❑ORW ❑Session Law 2006 -246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes X❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal /state /local) funds or the Yes ❑ No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an ❑X No environmental document pursuant to the requirements of the National or State ❑Yes (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes E] No letter.) Project will receive a Categorial Exclusion by NCDOT. Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, E] Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? El Yes X❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes © No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 9of10 PCN Form — Version 1.4 January 2009 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 ❑X No 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Site visit and NHP database 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 National Historic Yes ®No (e.g., Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? X❑ Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Project is a linear at grade trail. 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The present phase of the project will begin at the comer of Forest Park Road and West City Drive, near Halstead Boulevard, and extend approximately 1.5 miles to the east, to the Chesapeake and Albemarle Railroad right -of -way near a branch of Knobbs Creek to the west of Hughes Boulevard. The trail will begin at the comer of Forest Park Road and West City Drive, near Halstead Boulevard, and extend approximately 300 feet to the south. The path will then follow Halstead Boulevard approximately 0.4 miles east to Ridgefield Drive. The trail then heads north 233 feet and turns east just before West Church Street. The trail runs east parallel to West Church Street for 0.2 miles. The trail then veers to the right and runs parallel to Halstead Boulevard again for 600 feet until the intersection with the Chesapeake and Albemarle Railroad. The trail will temporarily end there, pending acquisition of additional land or easements to continue the path to the east. The majority of the trail will be located adjacent to current rights -of -way on permanent easements. Rivers & Associates Drawing No. W -3235 depicts the trail location, and is included with this report for reference. This project is located within the Pasquotank River Basin. All stormwater flows into a Tributary to Knobbs Creek (Class C, Sw). This project is not located within a water supply watershed. The DWQ Environmental Sensitivity Map for Pasquotank County is attached. DESCRIPTION: The project area is approximately 6.05 acres, which is partially existing right -of -way, and partially easement adjacent to the right -of -way. The trail area between Forest Park and N. McPherson Crossing, has recently been developed as an office and commercial area with the remainder of the area being undeveloped land. The last section of the trail, between Church Street and Halstead Boulevard leading up to the railroad property is partially used for agriculture with a portion being developed as an electrical substation site. PROPOSED PROJECT: This project consists of approximately 4,806 LF of asphalt trail that is to be 10 -foot wide with a 0:5' rock edge on each side. The limits of the project area are shown on the plans, and totals approximately 6.05 acres. The proposed trail will potentially disturb an area approximately 50 feet wide of variable width on each side of the trail. A large portion of the project will be located outside the NCDOT right of way and City of Elizabeth City right of way; therefore, Elizabeth City is in the process of obtaining utility and temporary construction easements throughout the project.