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HomeMy WebLinkAbout20170763 Ver 2_ePCN Application_20220607 DWR Division of Water Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13,2022 Ver 4.3 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. Pre-Filing Meeting Date Request was submitted on: 3/8/2021 BIMS#Assigned* Version#* 20170763 2 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 la.Name of project: NCDOT;SR 1409(Conway Elliot Road)secondary road construction 1a.Who is the Primary Contact?* Heather W.Montague lb.Primary Contact Email:* lc.Primary Contact Phone:* hwmontague@ncdot.gov (919)691-1596 Date Submitted 6/7/2022 Nearest Body of Water UT to Little Johnson Creek Basin Roanoke Water Classification C Site Coordinates Latitude: Longitude: 36.47789 -78.69010 A. Processing Information County(or Counties)where the project is located: Granville 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: WBS#(7) 5C.039062 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 Please provide the date of the previous submission.* 6/20/2017 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: 14-Linear transportation NWP Numbers(for multiple NWPS): N/A 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? 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: NCDOT DIV 5 2b.Deed book and page no.: 2c.Contact Person: Brandon H.Jones,P.E. 2d.Address Street Address 2612 N Duke St Address Line 2 City State/Province/Region Durham NC Postal/Zip Code Country 27704 Durham 2e.Telephone Number: 2f.Fax Number: (919)317-4700 2g.Email Address:* bhjones@ncdot.gov C. Project Information and Prior Project History 1.Project Information 1b.Subdivision name: (if appropriate) 1c.Nearest municipality I town: Oxford 2.Project Identification 2a.Property Identification Number: 2b.Property size: 16ac(2.2mi long project with 60ft ROW) 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:* UT to Little Johnson Creek 3b.Water Resources Classification of nearest receiving water:* C 3c. What river basin(s)is your project located in?* Roanoke 3d.Please provide the 12-digit HUC in which the project is located. 030101020803 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 existing cross line pipes need to be replaced to support road improvements.Sites are surrounded by wooded and agricultural land. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* Yes No Unknown If yes,please give the DWR Certification number or the Corps Action ID(exp.SAW-0000-00000). NCDWR Project No.20170763 SAW-2017-01328 4f.List the total estimated acreage of all existing wetlands on the property: 0 4g.List the total estimated linear feet of all existing streams on the property: 420 LF(60LF per 7 stream crossings) 4h.Explain the purpose of the proposed project:* The cross line pipe replacements will facilitate road improvements.Project includes grade,drainage,and paving. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* To support the road improvements,shorter pipes at each crossing will be lengthened.Rip rap will be installed underlined with geotextile for long term stability surrounding the new pipe ends.The work zone will be dewatered during construction,concurrent with bank stabilization lengths.Equipment may include an excavator,backhoe,bulldozer,scraper pan,motor grader,and paving machines. 5. Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: No wetlands exist within the project footprint.The proposed project will have stream impacts only. 5b.If the Corps made a jurisdictional determination,what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Heather Montague and Mitchell Wimberley Agency/Consultant Company: NCDOT DIV 5 Environmental Office 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 la.Where are the impacts associated with your project?(check all that apply): Wetlands Streams-tributaries Buffers Open Waters Pond Construction 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 road crossing Site 1 Permanent Culvert UT to Little Johnson Creek Intermittent Both 1 4 Average(feet) (linear feet) I S2 road crossing Site 1 Permanent Bank Stabilization UT to Little Johnson Creek Intermittent Both 1 14 Average(feet) (linear feet) S3 road crossing Site 2 Permanent Culvert UT to Little Johnson Creek Perennial Both 2 5 Average(feet) (linear feet) S4 road crossing Site 2 Permanent Bank Stabilization UT to Little Johnson Creek Perennial Both 2 30 Average(feet) (linear feet) S5 road crossing Site 3 Permanent Culvert UT to Little Johnson Creek Perennial Both 4 12 Average(feet) (linear feet) S6 road crossing Site 3 Permanent Bank Stabilization UT to Little Johnson Creek Perennial Both 4 30 Average(feet) (linear feet) S7 road crossing Site 4 Permanent Culvert UT to Little Johnson Creek Perennial Both 4 0 Average(feet) (linear feet) S6 road crossing Site 4 Permanent Bank Stabilization UT to Little Johnson Creek Perennial Both 4 30 Average(feet) (linear feet) S9 road crossing Site 5 Permanent Culvert UT to Little Johnson Creek Perennial Both 3 2 Average(feet) (linear feet) S10 road crossing Site 5 Permanent Bank Stabilization UT to Little Johnson Creek Perennial Both 3 30 Average(feet) (linear feet) S11 road crossing Site 6 Permanent Culvert UT to Little Johnson Creek Intermittent Both 2 1 Average(feet) (linear feet) S12 road crossing Site 6 Permanent Bank Stabilization UT to Little Johnson Creek Intermittent Both 2 10 Average(feet) (linear feet) S13 road crossing Site 7 Permanent Culvert UT to Little Johnson Creek Perennial Both 6 4 Average(feet) (linear feet) S14 road crossing Site 7 Permanent Bank Stabilization UT to Little Johnson Creek Perennial Both 6 27 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 199 0 3i.Total stream and ditch impacts: 209 3j.Comments: Extra pipe lengths will provide room for current design standards regarding safe shoulder widths and fill slopes.Rip rap armoring will be limited to amount necessary to armor pipe ends and temporary dewatering will enable a dry work area.Temporary stream impacts associated with dewatering will be concurrent with permanent stream impacts. 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: Clearing and use of rip rap will be limited only to the amount necessary to ensure long term stability. 1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment and erosion control Best Management Practices for protection of surface waters will be enforced during project construction. 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 2b.If this project DOES NOT require Compensatory Mitigation,explain why: Stream impact totals do not trigger mitigation requirements. 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 If no,explain why: The project location is within the Roanoke River Basin. 2. Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Yes No Comments: EC plans designed for and approved by NCDOT will be followed during construction. 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 1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* Yes No Comments:* This project does not require review by the State Clearing House. 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 28.0200)?* 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. No planned development is associated with this project.A lessening of general maintenance needs and water quality benefits should result from converting this roadway to pavement rather than current conditions of gravel and dirt which are susceptible to continual erosion. 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? IPaC review,natural resources field investigation,and plant survey for and biological conclusion of No Effect for smooth coneflower,and PBOs for Atlantic Pigtoe and NLEB.The US Fish and Wildlife Service has revised the previous programmatic biological opinion(PBO)in conjunction with the Federal Highway Administration(FHWA),the US Army Corps of Engineers(USACE),and NCDOT for the northern long-eared bat(NLEB)(Myotis septentrionalis)in eastern North Carolina.The PBO covers the entire NCDOT program in Divisions 1-8,including all NCDOT projects and activities. Although this programmatic covers Divisions 1-8,NLEBs are currently only known in 19 counties,but may potentially occur in 11 additional counties within Divisions 1-8.NCDOT,FHWA,and USACE have agreed to two conservation measures which will avoid/minimize mortality of NLEBs.These conservation measures only apply to the 30 current known/potential counties shown on Figure 2 of the PBO at this time.The programmatic determination for NLEB for the NCDOT program is May Affect,Likely to Adversely Affect.The PBO will ensure compliance with Section 7 of the Endangered Species Act for ten years(effective through December 31,2030)for all NCDOT projects with a federal nexus in Divisions 1-8,which includes the county where this project is located. Atlantic pigtoe biological conclusion was rendered following the revised Programmatic Biological/Conference Opinion-Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina,NCDOT Divisions 1-8(September 11,2019)with addendum to Revised Programmatic Biological/Conference Opinion-Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina,NCDOT Divisions 1-8(June 1, 2021). 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?* https://www.habitatnoaa.gov/apps/efhmapper/ 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?* NCDOT Human Environment review groups and their reports along with NCSHPO HPOWEB 2.0 review. 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?* https://msc.fema.gov/portal/search 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 DrainagePlans_HYD_Conway_Elliott.pdf 11.89MB File must be PDF or KMZ Comments Note that this project was originally permitted in 2017 for impacts at 4 permit sites.However,the project construction was placed on hold due to budget and priority considerations. Preparations for construction are now underway again and additional permit sites have been added to the project scope so that all cross line pipes carrying streams will be upgraded to support the proposed roadway design.This project now involves stream impacts at 7 permit sites. 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 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: Heather W.Montague Signature ffr477lt=-Ltd 41.ear,.46w Date 6/7/2022