HomeMy WebLinkAbout20210588 Ver 1_ePCN Application_20220401 fr., f DW R
Divi.ha of ware.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#*
20210588 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:
McCrimmon Parkway Grade Separation,Widening,and Improvements(TIP#U-5747)
1a.Who is the Primary Contact?*
Chris Murray,SPWS
1 b.Primary Contact Email:* 1c.Primary Contact Phone:*
camurray@ncdot.gov (919)317-4732
Date Submitted
4/1/2022
Nearest Body of Water
Kit Creek and Crabtree Creek
Basin
Neuse;Cape Fear
Water Classification
Kit Creek(WS-V;NSW);Crabtree Creek(C;NSW)
Site Coordinates
Latitude: Longitude:
35.841008 -78.845553
A. Processing Information u
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:
U-5747
WBS#(')
50167.1.1
1a.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
1 b.What type(s)of permit(s)do you wish to seek authorization?
Nationwide Permit(NWP)
Regional General Permit(RGP)
Standard(IP)
1c.Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit(NWP)Number: 14-Linear transportation
NWP Numbers(for multiple NWPS):
1d.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?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
1f.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
1 h.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
1d.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.Narri on recorded deed:
NCDOT-Division 5
2b.Deed book and page no.:
N/A(Linear Transportation Project)
2c.Contact Person:
Chris Murray,SPWS
2d.Address
Street Address
2612 North Duke Street
Address Line 2
City State/Province Region
Durham NC
Postal/Zip Code Country
27704 USA
2e.Telephone Number: 2f.Fax Number:
(919)3174732
2g.Email Address:'
camurray@ncdot.gov
4.Agent/Consultant(if applicable)
4a.Name:
Jason Hartshorn,PWS
4b.Business Name:
Kimley-Horn
4c.Address
Street Address
421 Fayetteville Street
Address Line 2
Suite 600
City State/Province/Region
Raleigh NC
Postal/Zip Code Country
27601 USA
4d.Telephone Number: 4e.Fax Number:
(919)6784155
4f.Email Address:
jason.hartshorn@kimley-horn.com
C. Project Information and Prior Project History
1.Project Information
1b.Subdivision name:
(if appropriate)
1c.Nearest municipality/town:
Morrisville
2.Project Identification
2a.Property Identification Number: 2b.Property size:
N/A(Linear Transportation Project) 69.3
2c.Project Address
Street Address
N/A(Linear Transportation Project)
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:"
Kit Creek and Crabtree Creek
3b.Water Resources Classification of nearest receiving water:"
Kit Creek(WS-V;NSW);Crabtree Creek(C;NSW)
3c. What river basin(s)is your project located in?*
Neuse
Cape Fear
3d.Please provide the 12-digit HUC in which the project is located.
030202010801;030300020605
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 corridor is located along McCrimmon Parkway,beginning just east of Manchester Park Lane and terminating at Perimeter Park Drive in Morrisville,Wake County,NC.The area
surrounding the project corridor is urban,with dense residential housing,scattered commercial development,and sparse undeveloped forested areas.
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:
0.78 acre
4g.List the total estimated linear feet of all existing streams on the property:
5 linear feet
4h.Explain the purpose of the proposed project:'
The purpose of this project is to reduce congestion along McCrimmon Parkway from west of Davis Drive to Perimeter Park Drive.Based on traffic volumes projected in the U-5747 and U-
5750 Traffic Forecast Memorandum(April 2018),the intersections of McCrimmon Parkway with N.C.54,Church Street,and Davis Drive are congested today and operate at level of
service(LOS)F,C,and F respectively in the PM peak hour.As traffic volumes increase through 2040,these locations are anticipated to operate at LOS F,E,and F respectively.A
secondary purpose is to improve safety along this corridor.The historic crash rate on McCrimmon Parkway between May 1,2012 and April 30,2017 is higher than the statewide critical
crash rate(437.09 vs.357.91 crashes per million vehicle miles traveled)as noted in the Project U-5747 Crash Analysis Report(June 2018).One fatal crash was also reported during this
time frame.This project will also improve mobility for bicyclists and pedestrians through the corridor by providing multi-modal facilities.
41.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:"
Project U-5747 proposes to improve McCrimmon Parkway from west of Davis Drive to Perimeter Park Drive.The existing roadway will be upgraded to a 4-lane road with a 23-foot
landscaped median,bike lanes on both sides,a 5-foot wide sidewalk on the south side and an 8-foot wide sidewalk on the north side.The proposed median will include breaks at the full
movement cross street intersections and the Bexley Park Apartments community in addition to two leftovers at the Berkshires at Town Hall Commons and Broadstone Trailside
communities.
The project also proposes to build a grade separation which will carry McCrimmon Parkway over N.C.54 and the Norfolk Southern Railway(NS)/North Carolina Railroad(NCRR).A new-
location loop road in the southeast quadrant of the McCrimmon Parkway crossing over N.C.54(behind the Sheetz gas station)will maintain a connection between McCrimmon Parkway
and N.C.54.The Davis Drive intersection is proposed to be upgraded to a partial Continuous Flow Intersection(CFI).The Church Street intersection is also proposed to be upgraded by
adding an exclusive right-turn lane on Church Street in the northbound direction and a westbound right-turn slip lane on McCrimmon Parkway.
Equipment typical of roadway projects will be used for construction,including excavators,pavers,skid steers,screeds,and cement trucks.
5. Jurisdictional Determinations
5a.Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
A Preliminary Jurisdictional Determination(SAW-2017-01229)was issued by James Lastinger of the
USACE on May 11,2020.A Buffer Determination was issued by Rob Ridings of NCDWR on March 4,
2019.
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-2017-01229
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): Jason Hartshorn,PWS
Agency/Consultant Company: Kimley-Horn
Other:
5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A Preliminary Jurisdictional Determination(SAW-2017-01229)was issued by James Lastinger of the USACE on May 11,2020.A Buffer Determination was issued by Rob Ridings of
NCDWR on March 4,2019.
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?
The proposed project is a single and complete undertaking with no future phases anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
1a.Where are the impacts associated with your project?(check all that apply):
Wetlands Streams-tributaries Buffers
Open Waters Pond Construction
2.Wetland Impacts
2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of Jurisdicition*�2g.Impact
') area*
Site 1 Roadway Fill P Headwater Forest WBG Yes Both 0.150
(acres)
Site 1 Mechanized Clearing P Headwater Forest WBG Yes [Both 0.030
(acres)
Site 2 Culvert Replacement P Headwater Forest WG;WH Yes Both 0.120
(acres)
Site 2 Mechanized Clearing P Headwater Forest WG;WH Yes Both 0.040
(acres)
Site 3 Rip Rap Stabilization P Headwater Forest WJ Yes Both 0.010
(acres)
Site 3 Mechanized Clearing P Headwater Forest WJ Yes Both 0.010
(acres)
2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact
0.000 0.360
2g.Total Wetland Impact
0.360
21.Comments:
Unavoidable permanent wetland impacts will result from roadway fill,the replacement of an existing culvert,and rip rap stabilization to support the
proposed road widening,improvements,and grade separation.
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
Utility Relocation-Allowable w/Authorization P Stream SF(UT to Crabtree Creek) No 683 16
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 683.00 16.00
Zone 1 Zone 2
Total combined buffer impacts: 683.00 16.00
61.Comments:
Impacts to Neuse River Basin Buffer Zones 1 and 2 will result from the relocation of a sanitary sewer pipe below the proposed McCrimmon Parkway.
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:
Impacts to the streams,wetlands,and protected riparian buffers within the project corridor were avoided and minimized through careful alignment
selection and project design.Instead of a conventional intersection,a partial CFI is proposed at the intersection of McCrimmon Parkway and Davis Drive
to reduce right-of-way impacts.Additionally,a single loop in the southeast quadrant behind an existing gas station utilizing the existing McCrimmon
Parkway/NC 54 intersection was selected because it minimizes impacts to the surrounding natural resources.The widening will be constructed largely
within the existing transportation facility,fill slopes have been tightened to a 2:1 ratio,and the alignment was designed to minimize wetland impacts to
the greatest extent practicable.The proposed mechanized clearing has been designed and located to reduce impacts to jurisdictional features while still
allowing the necessary room for construction access.Rip rap stabilization at the proposed culvert inlet and outlet within wetland WG has been sized to
avoid erosive flow through the pipe and channelization of the wetland.
1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to streams,wetlands,and protected riparian buffers within the corridor will be avoided and minimized throughout the construction process by
equipment,materials,and access corridors.Where feasible,staging and construction access routes will be located in upland areas throughout the
corridor.Silt fencing will be installed around the permitted limits of disturbance to help ensure that all construction equipment will remain within the
project area throughout the construction process.Temporary sediment control measures will be installed to reduce sediment and erosion to receiving
waters and minimize runoff from the construction sites.
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: 4c.If using stream mitigation,what is the stream temperature:
(linear feet)
4e.Riparian wetland mitigation requested:
4d.Buffer mitigation requested(DWR only): (acres)
(square feet) 0.36
4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested:
(acres) (acres)
4h.Comments
Compensatory mitigation is proposed at a 2:1 ratio to offset the permanent wetland impacts resulting from the proposed project.Mitigation credits have
been secured through the NC Division of Mitigation Services(NCDMS)In-Lieu Fee Program and an Acceptance Letter from NCDMS has been included
as part of this application.
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 No
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:
Existing drainage features have been maintained to the extent possible through design.Drainage systems were designed according to NCDOT standards and were sized to accommodate
future development where applicable.Treated stormwater will discharge through a rip-rap dissipater pad acting as outlet protection to reduce peak flow and ensure non-erosive velocities
at the bottom of the fill slope within impacted wetlands.Additionally,stormwater from the site will be collected and treated through grassed swales to the maximum extent practical.See
attached Drainage Plan Sheets for stormwater management features.
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
1 b.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)?'s
Yes No
1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?'�
Yes No
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 proposed project is a single and complete undertaking and is not anticipated to result in additional development which could impact nearby
downstream water quality.
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?
As of February 7,2022,the US Fish and Wildlife Service(USFWS)Information for Planning and Consulting(IPaC)tool lists six threatened or
endangered species with potential to occur within the project vicinity.The bald eagle(Haliaeetus Ieucocephalus)also has potential to occur in the project
vicinity and is protected under the Bald and Golden Eagle Protection Act(BGPA).Kimley-Horn reviewed the NC Natural Heritage Program(NCNHP)
element occurrence database(updated January 2022)to determine if there are any known occurrences of federally protected species in the project
study area or its vicinity.The NCNHP database records indicate that there are no known occurrences of any federally protected species within 1.0 mile
of the project study area.
Suitable habitat for the red-cockaded woodpecker is not present within the project area.Forested areas within the study area,mostly comprised of
immature pines and hardwoods,are disturbed along the perimeters,with a dense understory and closed canopy.In addition,a review of the NCNHP
database records(updated January 2022)indicates there are no known occurrences of RCW in or within 1.0 mile of the Project.NCDOT staff conducted
a habitat assessment for the RCW on June 28,2021 and determined that no suitable RCW habitat was present within the project area.Due to lack of
suitable habitat and the lack of known occurrences,it has been determined that the proposed Project would have"No Effect"on RCW.
Suitable habitat for Michaux's sumac is present in the project corridor along the maintained roadsides,recreational facilities and commercial and
residential lots.However,many of the areas of suitable habitat are heavily maintained by mowing or the application of herbicides and present only
marginally suitable habitat.A pedestrian survey for Michaux's sumac was conducted by NCDOT staff on June 18,2021 throughout areas of suitable
habitat in the project corridor and no individuals were identified.In addition,a review of NCNHP database records(updated January 2022)indicates no
known Michaux's sumac known occurrences in or within 1.0 mile of the project corridor.Due to the lack of observed individuals and lack of recorded
occurrences,it has been determined that the proposed project will have"No Effect"on Michaux's sumac.
Suitable habitat for the dwarf wedgemussel,Carolina madtom,Neuse River waterdog,or Atlantic pigtoe is not present due to the lack of suitable streams
within the project corridor.The NCDOT Biological Surveys Group conducted aquatic species habitat assessments within the perennial stream reaches in
the project vicinity and no suitable habitat was identified.A project review request stating that suitable habitat for these aquatic species is not present
within the project area was submitted to the USFWS and a"No Effect"concurrence was received from the USFWS on December 2,2020.Additionally,a
review of the NCNHP database records(updated January 2022)indicates there are no known occurrences of these species within 1.0 mile of the project
area.Due to the lack of suitable habitat,the USFWS"No Effect"determination,and the lack of recorded occurrences,it has been determined that the
proposed project will have"No Effect"on dwarf wedgemussel,Carolina madtom,Neuse River waterdog,or Atlantic pigtoe.
The bald eagle is protected under the Bald and Golden Eagle Protection Act,enforced by the USFWS.A desktop-GIS assessment of the project study
area,as well as the area within a 1.0-mile radius of the project limits was performed on June 28,2021 by NCDOT staff using color aerials.Two bodies of
water large enough or sufficiently open to be considered a potential feeding source were identified.A review of the NCNHP database records(updated
January 2022)indicate there are no known occurrences of the bald eagle within 1.0 mile of the project study area.Since there is foraging habitat within
the review area,a survey of the project study area and the area within 660 feet of the project limits was conducted by NCDOT staff on June 29,2021.
No nests or individuals were observed.Due to the lack of observed individuals or nests,it has been determined that the proposed project will not affect
this species.
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?*
The NOAA Essential Fish Habitat Mapper was reviewed on February 7,2022.No essential fish habitat was found within the project corridor or within the
vicinity of the project.
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?*
An assessment of the project by the NCDOT Historic Architecture and Landscape Group found that there are no National Register-listed or NR eligible
properties located within the Project's Area of Potential Effect and that a Historical Architecture Survey is not required.The project as currently defined is
compliant with both GS 121-12(a)and Section 106.
The NCDOT Archaeology Group conducted an assessment of the project and found that it is unlikely that significant,intact archaeological remains
would be present and impacted by the project.For archaeological review,this state funded undertaking should be considered compliant with Section
106.
The Catawba Indian Nation issued a response to scoping letters indicating that the Catawba have no immediate concerns with regard to traditional
cultural properties,sacred sites or Native American archaeological sites within the boundaries of the proposed project area.
8. Flood Zone Designation (Corps Requirement)
Sa.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?*
The FEMA Digital Flood Insurance Map(DFIRM)Panels 3720074600J(effective May 2,2006),3720074500J(effective May 2,2006),and 3720075600J
(effective May 2,2006)were accessed on March 24,2022.No FEMA-regulated floodway,1%annual chance flood hazard areas,or 0.2%annual chance
flood hazard areas are located within the project.
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
U-5747_McCrimmon_PCN_Coverl-etterPackage_REV_20220301.pdf 47.54MB
File must be PDF or KMZ
Comments
Please review the attached cover letter package for project figures,documentation,plan sheets,and permit drawings.
Signature
*
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 INC General Statutes(the"Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66,Article 40 of the INC 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
Crf�JSTd �-�:44�y
Date
4/1/2022