HomeMy WebLinkAbout20201509 Ver 1_ePCN Application_20220314 DWR
Division of Water Resources
Pre-Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6,2021 Ver 4.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS#Assigned* Version#*
20201509 1
Is a payment required for this project?*
No payment required
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
1a.Name of project:
Replacement of Bridge Number 126 over Smith Creek on SR 2044(Ligon Mill Road)in Wake County
la.Who is the Primary Contact?*
Christopher A.Murray
lb.Primary Contact Email:* 1c.Primary Contact Phone:*
camurray@ncdot.gov (919)317-4732
Date Submitted
3/14/2022
Nearest Body of Water
Smith Creek
Basin
Neuse
Water Classification
Index number:27-23-(2);Class C;NSW
Site Coordinates
Latitude: Longitude:
35.92909 -78.52772
A. Processing Information
County(or Counties)where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Is this a NCDOT Project?*
Yes No
(NCDOT only)T.I.P.or state project number:
B-5318
WBS#(')
46032.1.1
la.Type(s)of approval sought from the Corps:
Section 404 Permit(wetlands,streams and waters,Clean Water Act)
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?
Nationwide Permit(NWP)
Regional General Permit(RGP)
Standard(IP)
lc.Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit(NWP)Number: 58-Utility Line Activities for Water and Other Substances(frequently used)
NWP Numbers(for multiple NWPS):
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:
401 Water Quality Certification-Regular 401 Water Quality Certification-Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual 401 Water Quality Certification
le.Is this notification solely for the record because written approval is not required? x
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes 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?
Yes No
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
Yes No
lh.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?
Owner Applicant(other than owner)
le.Is there an Agent/Consultant for this project?*
Yes No
2.Owner Information
2a.Name(s)on recorded deed:
North Carolina Department of Transportation
2b.Deed book and page no.:
2c.Contact Person:
2d.Address
Street Address
2612 N.Duke Street
Address Line 2
City State/Province/Region
Durham NC
Postal/Zip Code Country
27704 USA
2e.Telephone Number: 2f.Fax Number:
(919)317-4732
2g.Email Address:*
camurray@ncdot.gov
C. Project Information and Prior Project History
1.Project Information
1 b.Subdivision name:
(if appropriate)
1c.Nearest municipality/town:
Wake Forest
2.Project Identification
2a.Property Identification Number: 2b.Property size:
2c.Project Address
Street Address
Address Line 2
City State/Province/Region
Postal/Zip Code Country
3. Surface Waters
3a.Name of the nearest body of water to proposed project:*
Smith Creek
3b.Water Resources Classification of nearest receiving water:*
Index number:27-23-(2);Class 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.
030202010702
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:*
Existing bridge is a four span bridge(1 @2=30'6",2@ 30'0"and 1 @30'6")with timber end bents,timber interior bents and steel interior crutch bents.Older remnants of the previous(i.e.
older)bridge piles remain in Smith Creek at the bridge site and will be removed during construction at the site.The existing bridge supports a two-lane road with no shoulder.
Existing land use directly adjacent to Bridge 129 is undeveloped and wooded.An overhead 500 kv Duke Energy high-voltage transmission line crosses Ligon Mill Road on the south side
of the existing bridge.
Development in NW quadrant:1)Merritt Capital Business Park(currently under construction by others),2)Existing gravel driveway along a sewer line with utility easement,and 3)The
Lewis-Tatum tract that is a NCLWF Conservation Easement owned by the Town of Wake Forest that was purchased with money from the Clean Water Management Trust Fund/North
Carolina Land and Water Fund.
Development in NE quadrant:An existing sewer line with utility easement.
Development in SE quadrant:Whipporwill Valley subdivision is located along Song Sparrow Drive.
Development in SW quadrant:None.
4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?*
Yes No Unknown
4f.List the total estimated acreage of all existing wetlands on the property:
0.79
4g.List the total estimated linear feet of all existing streams on the property:
472
4h.Explain the purpose of the proposed project:*
The purpose of the project is to provide safer and more efficient traffic operations.In addition,the bridge has a sufficiency rating of 11.46 and is structurally deficient.
4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
Replacement of the existing bridge structure with a new bridge(1@ 60'0",1@ 90'0"and 1@ 50'0"structure)that spans Smith Creek on new location to the east.The typical section along
the bridge is 2@ 12 ft travel lanes,12 ft center turn lane,2@ 8 ft multi-use path and 3 ft travel edge and barrier on both sides.A 15 ft wide concrete greenway will be constructed under the
bridge to accommodate a future greenway.
Construction will also include:1)Reconstruction in the same location of an existing driveway and gravel path(-DRW1-)towards an existing sewer line and utility easement in the NW
quadrant,2)Construction of replacement sewer lines in existing utility line easements in both the NE and NW quadrant,3)Construction of a new driveway(-DRW2-)to the existing sewer
line in the NE quadrant to provide access to the existing utility easement,4)Water line construction in NW and SW quadrants,5)Permanent fill impacts to a perennial unnamed tributary to
Smith Creek in the SE quadrant,6)Temporary rip rap causeway in Smith Creek to remove the existing in-stream piles and crutch bents,7)Temporary work bridge to cross Smith Creek to
allow construction equipment to move from the NE to SE quadrants to work on the proposed southern bridge abutment,and 8)rip rap bank stabilization of Smith Creek.
Construction of the project is affected by the overhead 500 kv Duke Energy high-voltage transmission line crosses Ligon Mill Road on the south side of the existing bridge.Lines with equal
or less than 500 kv require at least 35 feet clearance per Duke Energy Requirements.
Equipment will include bull dozer,grader,crane,backhoe,semi trucks,asphalt mixers,excavators,forklifts,etc.
5. Jurisdictional Determinations
5a.Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b.If the Corps made a jurisdictional determination,what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2011-00044
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): Brett Feulner
Agency/Consultant Company: Dewberry
Other:
5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Site visit associated with JD on September 24,2021.PJD issued November 24,2021.
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 projector related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la.Where are the impacts associated with your project?(check all that apply):
Wetlands Streams-tributaries Buffers
Open Waters Pond Construction
2.Wetland Impacts
2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of Jurisdicition* 2g.Impact
(?) area*
Site WA Roadway Embankment P Headwater Forest WE in the PJD Yes Both 0.580
(acres)
Site WA Utility Road P Headwater Forest WE in the PJD Yes Both 0.160
Embankment (acres)
Site WB Roadway Embankment P Bottomland Hardwood Forest WF in the PJD Yes DWR 0.030
(acres)
Site WC Utility Access Drive P Headwater Forest WD in the PJD Yes Both 0.010
(acres)
Site WD Utility Relocation P Headwater Forest WE in the PJD No Both 0.010
(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.Impact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* 3f.Type of 3g.S.width* 3h.Impact
(?) Jurisdiction* length*
S1 SA Permanent Bank Stabilization SA-Smith Creek Perennial Both 27 175
Average(feet) (linear feet)
S2 SA Temporary Dewatering SA-Smith Creek Perennial Both 27 124
Average(feet) (linear feet)
S3 SA Temporary Workpad/Causeway SA-Smith Creek Perennial Both 27 26
Average(feet) (linear feet)
S4 SA Temporary Workpad/Causeway SA-Smith Creek Perennial Both 27 35
Average(feet) (linear feet)
S5 SB Permanent Fill SB-UT to Smith Creek Perennial Both 10 240
Average(feet) (linear feet)
S6 SB Temporary Dewatering SB-UT to Smith Creek Perennial Both 10 22
Average(feet) (linear feet)
L —
3i.Total jurisdictional ditch impact in square feet:
0
3i.Total permanent stream impacts: 3i.Total temporary stream impacts:
415 207
3i.Total stream and ditch impacts:
622
3j.Comments:
6. Buffer Impacts (for DWR)
6a.Project is in which protect basin(s)?
Check all that apply.
Neuse Tar-Pamlico
Catawba Randleman
Goose Creek 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 SA-Allowable at Smith Creek bridge P Smith Creek No 10,306 5,942
crossing
SB-Allowable with Mitigation at UT to Smith P UT to Smith Creek Yes 12,022 6,191
Creek
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 22,328.00 12,133.00
Zone 1 Zone 2
Total combined buffer impacts: 22,328.00 12,133.00
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:
1)Fill slopes revised to 2:1 in wetland areas to minimize fill impacts.This is the steepest slope that will allow for adequate establishment of permanent
vegetation on fill/cut slopes per Roadside Environmental Unit guidance,2)Construction of a new driveway(-DRW2-)to the existing sewer line in the NE
quadrant to provide access to the existing utility easement is based on minimum requirements for safe vehicular access for sewer utility maintenance
equipment to the existing utility easement.City of Raleigh staff reviewed other potential access points in the area and determined that all were not
feasible based on location,width,and need for heavy construction access,3)Roadway fill along Ligon Mill Road based on typical bridge/roadway design
including rip rap toe protection in wetland areas.The rip rap toe protection along the wetland provides a method of appropriate permanent stabilization
early on in the construction process that does not allow the fill slope to"slip"during the life of construction,4)Rip rap bank stabilization along Smith
Creek is the minimal amount of stabilization necessary to provide adequate long-term stability of this eroding streambank,5)Roadway fill on UT to Smith
Creek is the minimal amount of impact to support the roadway typical.Several design alternatives were reviewed for this site,including stream relocation
up to the existing dual pipe structures under Song Sparrow Drive.The final alternative chosen provides the minimal amount of impact to support the
typical section,6)Temporary work pad is the minimal size to allow for removal of existing in-stream bridge piles and components,and 7)Temporary
work bridge to cross Smith Creek is to allow construction equipment to move from the NE to SE quadrants to work on the proposed southern bridge
abutment.The work bridge has been sized to provide the minimal amount of surface area to allow for construction equipment and access to the SE
quadrant.
lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction oversight by NCDOT and CEI inspection staff will allow for review on-site methods to further minimize and avoid impacts.The Division 5
DEO or DES will be on site numerous times prior to and during construction to further minimize and avoid impacts.Construction impacts(fill slope,
length of stream impact,etc.)will be physically marked with white-top stakes,red-top stakes or survey flagging to identify permitted footprint at the
impact site.This will allow fur further on-site evaluation to avoid/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?
Yes No
2c.If yes,mitigation is required by(check all that apply):
DWR Corps
2d.If yes,which mitigation option(s)will be used for this project?
Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In-lieu Fee Program
4a.Approval letter from in-lieu fee program is attached.
- Yes No
4b.Stream mitigation requested:
(linear feet) 4c.If using stream mitigation,what is the stream temperature:
240 linear feet warm
4d.Buffer mitigation requested(DWR only): 4e.Riparian wetland mitigation requested:
(square feet) (acres)
18,213 0.79
4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested:
(acres) (acres)
4h.Comments
Stream mitigation proposed to cover length of UT to Smith Creek to be filled in from roadway fill in the SE quadrant.Wetland mitigation proposed to
cover all permanent wetland impacts including fill,mechanized clearing and excavation.
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 No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance(lower SHWT)
Wetland Swale(higher SHWT)
Other SCM that removes minimum 30%nitrogen
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 No
Comments:
Project is in compliance with stormwater regulations.
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?*
Yes 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:*
The CE document,signed on April 27,2017 does not need to be finalized by the State Clearing House.A CE consultation for this project will be signed
no later than March 31,2022 and will be placed on SharePoint and available for review by your agency.
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 project only serves to replace the existing bridge with a new bridge based on current roadway and bridge design standards.The roadway and
bridge typical are based on the Town of Wake Forest transportation plan.There will be no additional development based on the design or completion of
this project.
4. Sewage Disposal (DWR Requirement)
4a.Is sewage disposal required by DWR for this project?*
Yes No 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 No
5c.If yes,indicate the USFWS Field Office you have contacted.
Raleigh
5d.Is another Federal agency involved?*
Yes • No Unknown
5e.Is this a DOT project located within Division's 1-8?
Yes No
5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Consultation with Gary Jordan(USFWS)in regards to aquatic species(December 28,2020)with No Effect findings for all aquatic species.Surveys for
other(i.e.non-aquatic)species conducted by Dewberry staff in 2021 and include Red-cockaded woodpecker,Michaux's sumac and bald eagle.The
standard conclusion for Northern-long eared bat for all projects in Division 5 is May Affect,Likely to Adversely Affect.There are no required conservation
measures for the NLEB for any Division 5 projects.
6. Essential Fish Habitat(Corps Requirement)
6a.Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Available mapping.
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 No
7b.What data sources did you use to determine whether your site would impact historic or archeological resources?*
Historic Architecture and Landscapes No Survey Required Form dated February 2,2022.Updated information on archaeology provided in
documentation posted in ETRACS dated March 9,2022.The Catawba Indian Nation indicated they have no immediate concerns with regard to
traditional cultural properties,sacred sites or Native American archaeological sites within the boundaries of the project study area by letter dated
December 16,2019.
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 Flood Maps
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 document
B-5318 e-PCN package.pdf 26.51MB
File must be PDF or KMZ
Comments
The Preferred Alternative documented in the 2017 CE has not changed.The new bridge will be constructed to the east of the existing structure and is designed to accommodate the future
Town of Wake Forest greenway to be located underneath the bridge along Smith Creek.During construction,traffic will use the existing bridge and roadway section,which will be removed
following construction of the new facility.As discussed in the 2017 CE,constructing the new structure on the west side of the existing bridge(or replacing the bridge in-place)remains
unfeasible due to the proximity of an overhead Duke Energy high-voltage transmission line at the south end of the existing bridge.During the project development process,Wake County
EMS indicated that closure of the existing bridge during construction and routing traffic to an offsite detour would dramatically impact response times in the area.
Development of the project's right-of-way plans,including detailed analysis of study area drainage needs and an assessment of potential construction methodology,necessitated minor
changes to the project's design.In addition,NCDOT coordinated with the Town of Wake Forest and the City of Raleigh to ensure that the proposed design was consistent with local plans
for the project study area.The changes in the updated design include the following:
1)Project limits:The overall project length increased by approximately 25 feet to account for changes in the roadway approach design.In addition,the study area was expanded both east
and west of the bridge to provide for permanent drainage and utility easements,to incorporate sewer line relocation work,and to reflect temporary construction easements(reference
Figure 1 in the CE Consultation for the project study area and the attached roadway plan sheets for the utility easement).
2)Typical Section:The Preferred Alternative listed in the CE included a typical section with three 11-foot travel lanes,two five-foot bike lanes,with an additional 5.5-foot walkway on both
sides of the new bridge.The updated bridge typical section(as noted in the CE Consultation)includes three 12-foot travel lanes,two-foot shoulders,and an eight-foot multi-use path on
both sides of the bridge and roadway approaches(reference Appendix for updated typical sections and roadway plan sheets).This change was made at the request of the Town of Wake
Forest in order to be consistent with the recommendations for the Ligon Mill Road corridor included in the Town's Comprehensive Transportation Plan.
3)Provisions for site drainage,utility relocations and access:The project design includes permanent drainage and utility easements,along with temporary construction easements,on both
sides of the new structure,consistent with the estimated impact area proposed in the 2017 CE.Two driveways,not previously documented in the original 2017,are proposed to provide
access from Ligon Mill Road to the sanitary sewer easements located on both sides of Ligon Mill Road.Driveway-DRW1-will be gravel and tie to the existing gravel driveway access to
sanitary sewer easements in the north west quadrant.Driveway-DRW2-is a new concrete driveway and tie to the existing sewer easement in the northeast quadrant.An additional utility
to be relocated as part of the project includes the power distribution lines along the west side of Ligon Mill Road.
Due to the roadway construction,the City of Raleigh has plans for water line and sewer line relocation work within the existing project construction footprint.Additionally,the existing Town
of Wake Forest sewer line adjacent to the City of Raleigh sewer line will be relocated within the existing roadway footprint as well as northeast of the proposed bridge within the Town's
existing 20-foot public sanitary sewer easement.The bypass lines and any activities related to construction/maintenance of the lines will not encroach into wetland areas outside of the
proposed roadway fill slopes.No additional wetland or stream impacts are anticipated due to the water line replacement.
Signature u
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:
Christopher A.Murray
Signature
Crif/L76Td -4.d4v/-�.4r
Date
3/14/2022