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HomeMy WebLinkAbout20221130 Ver 1_ePCN Application_20220824 DW R mrlsloa of ware.Besourcrs 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: 2/24/2022 BIMS#Assigned" Version#" 20221130 1 Is a payment required for this project?* No payment required Fee received Reviewing Office" Fee needed-send electronic notification Wilmington Regional Office-(910)796-7215 Select Project Reviewer" Hannah Sprinkle:eads\hhsprinkle Information for Initial Review 1a.Name of project: NC 133 Roadway and Intersection Improvements 1a.Who is the Primary Contact?" Mason Herndon 1 b.Primary Contact Email:" 1c.Primary Contact Phone:* tmherndon@ncdot.gov (910)341-2036 Date Submitted 8/24/2022 Nearest Body of Water Brunswick River Basin Cape Fear Water Classification sC Site Coordinates Latitude: Longitude: 34.228305 -77.988317 A. Processing Information County(or Counties)where the project is located: Brunswick 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-5914 WBS#(?) 44647.1.1 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(N W P) Regional General Permit(RGP) Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? Yes No Regional General Permit(RGP)Number: 201902350-Work associated with bridge construction,widening,replacement,and interchanges RGP Numbers(for multiple RGPS): 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 11.Is the project located within a NC DCM Area of Environmental Concern(AEC)? Yes No Unknown 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.Name(s)on recorded deed: NCDOT 2b.Deed book and page no.: 2c.Contact Person: Mason Herndon 2d.Address Street Address 5501 Barbados Blvd Address Line 2 City State/Province/Region Castle Hayne NO Postal/Zip Code Country 28429 USA 2e.Telephone Number: 2f.Fax Number: (910)341-2036 2g.Email Address:* tmherndon@ncdot.gov C. Project Information and Prior Project History 1.Project Information 1b.Subdivision name: (if appropriate) 1c.Nearest municipality I town: Belville 2.Project Identification 2a.Property Identification Number: 2b.Property size: 14.5 2c.Project Address Street Address NO 133/SR 1551/SR1554 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: Brunswick River 3b.Water Resources Classification of nearest receiving water:* SC 3c. What river basin(s)is your project located in?* Cape Fear 3d.Please provide the 12-digit HUC in which the project is located. 030300050503 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: NO 133 within the project limits is a two lane paved roadway with 2 ft.paved and variable grassed shoulders.SR 1544(Old River Road)is a two lane paved roadway with grassed shoulders.The project vicinity is predominately forested with some commercial businesses.There is an approved multi-use development planned for the south side of NO 133 near the Old River Road intersection. 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: 2.7 4g.List the total estimated linear feet of all existing streams on the property: 0 4h.Explain the purpose of the proposed project: The purpose of the project is to modernize the roadway and improve safety,by improving intersections on NO 133(River Road)at Blackwell Road and Old River Road. 41.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The project will provide turning lanes at the intersection of NO 133(River Road)and Blackwell Road and at the intersection of NO 133(River Road)and Old River Road.A 10-ft multi-use path will be constructed on the south side of NO 133 to provide cyclist and pedestrian an alternative to using the roadway to improve safety.An existing 36"RCP on NO 133 will be upgraded to a 66"RCP.An existing 36"RCP on Old River Road will be upgraded to a 2 @ Tx 6'RCBC.There is a history of roadway flooding at this location.Standard roadway construction equipment will be used in the construction of this project including excavators,bulldozers,pavers,dump trucks and cranes. 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-2016-01559 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Paul Masten Agency/Consultant Company: AECOM Other: 5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 9/15/16;5/22/18;8/6/18;2/24/22 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 U 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 Rip Rap fill P Estuarine Woody Wetland WC Yes Both 0.004 (acres) Excavation P Estuarine Woody Wetland WC No Both 0.002 (acres) Mech.Clearing P Estuarine Woody Wetland WC Yes Both 0.018 (acres) Hand Clearing T Estuarine Woody Wetland WC Yes Both 0.018 (acres) Excavation P Bottomland Hardwood Forest WB No Both 0.003 (acres) Mech.Clearing P Bottomland Hardwood Forest WB Yes Both 0.008 (acres) Roadway Fill P Bottomland Hardwood Forest WB Yes Both 0.004 (acres) Mech.Clearing P Bottomland Hardwood Forest WB Yes Both 0.006 (acres) Roadway Fill P Bottomland Hardwood Forest WA Yes Both 0.060 (acres) Mech.Clearing P Bottomland Hardwood Forest WA Yes Both 0.027 (acres) Hand Clearing T Bottomland Hardwood Forest WA Yes Both 0.004 (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.022 0.132 2g.Total Wetland Impact 0.154 21.Comments: All utilities(including power transmission)will be bored and pits are in uplands,so there are no 404/401 impacts for utilities.The proposed power transmission,sewer and telecommunication lines will be bored under the estuarine shoreline and/or coastal wetlands.In coordination with DCM,a application for GP 1600 authorization will be submitted for these relocations. 4. Open Water Impacts 4a. Site# 4a1.Impact Reason 4b.Impact type 4c.Name of waterbody 4d.Activity type :114e.Waterbod y type 4f.Impact area Rip Rap P N/A Stabilization Tributary 0.10 Culvert T N/A Dewatering Tributary 0.01 Culvert T N/A Dewatering Tributary 0.01 Culvert P N/A Fill Tributary 0.01 Rip Rap P N/A Stabilization Tributary 0.01 Culvert T N/A Dewatering Tributary 0.01 4g.Total temporary open water Impacts: 4g.Total permanent open water impacts: 0.03 0.12 4g.Total open water impacts: 0.15 4h.Comments: See attached impact summary sheet for true impacts to the thousandths.Actual Total Perm.SW impacts is 0.024 ac.and actual Total Temp.SW impacts is 0.025 ac. 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: 1.5:1 rock plated slopes are proposed adjacent to coastal wetlands to avoid impacts.Curb and cutter is proposed along NC 133 to minimize the fill section width.Slopes adjacent to the MUP are proposed at 3:1 for safety of users. 1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All necessary sediment and erosion control BMPs will be installed and maintained throughout construction in accordance with NCDOT's NPDES Permit NCS000250.Dewatering BMP's will be utilized to reduce sedimentation and turbidity during culvert replacements. 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: (linearfeet) 4c.If using stream mitigation,what is the stream temperature: N/A 4d.Buffer mitigation requested(DWR only): 4e.Riparian wetland mitigation requested: (square feet) (acres) N/A 0.132 4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested: (acres) (acres) N/A N/A 4h.Comments F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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 No If no,explain why: Project is located within the Cape Fear River Basin in Brunswick County and the NC Riparian Buffer rules do not apply to this basin. 2. Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No Comments: See attached SMP. 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)?* Yes No Comments:* This is a state funded project and falls within the requirements of the state minimum criteria rules(19A NCAC 02F.0101 and environmental under SEPA is not required. 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. This project is safety improvements to an existing roadway and will neither influence nearby land use or stimulate new growth. 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 What Federal Agency is involved? USACE 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? NC Natural Heritage Database and field surveys by AECOM biologist and NCDOT. 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?* http://www.habitat.noaa.gov/protection/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?* Archeology and historic architectural reviews were conducted by NCDOT HEU.See letters in attachments. 8. Flood Zone Designation (Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b.If yes,explain how project meets FEMA requirements: Hydraulic analyses were conducted for each culvert by the engineering firm,reviewed and approved by the NCDOT Hydraulics Unit.The proposed crossings are located in Zone AE per map#3720310700K,but these crossing are not FEMA regulated. 8c.What source(s)did you use to make the floodplain determination?* fris.nc.gov 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 U5914 PCN Attachments.pdf 6.91 MB File must be PDF or KMZ Comments T&E Species Wood stork habitat is present with the project study area.The most recent survey was conducted on June 10,2021 and no wood storks,nest or roost were observed;therefore the project falls within the PBE parameters specified in the letter from the USFWS dated August 16,2021 and a biological conclusion of MANLAA is suggest by the Department. The NLEB is also listed in Brunswick County therefore a biological conclusion of MALAA is suggest in accordance with the USFWS revised PBO developed in conjunction with FHWA, USACE and NCDOT for the NLEB in eastern NC,Divisions 1-8. Surveys was conducted for RCW habitat within the project study area and it was determined that there is no suitable foraging or nesting habitat within the study are and therefore a BC of "No Effect"is suggested. Location map,PJD Map,cultural resource letters,CIVIC acceptance letter,SMP,roadway permit drawings and impact summary,and utility permit drawings are attached. 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: Mason Herndon Signature �aaaz yYsC.Y�io� Date 8/24/2022