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HomeMy WebLinkAbout20210663 Ver 2_ePCN Application_20221110.pdfDWR mrlslnn of Wmr 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: 5/19/2022 BIMS # Assigned* 20210663 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Ryan Conchilla:eads\rjconchilla Information for Initial Review 1a. Name of project: U-6018 1a. Who is the Primary Contact?* Jerry Parker 1 b. Primary Contact Email: japarker3@ncdot.gov Date Submitted 11 /10/2022 Nearest Body of Water Muddy Creek Basin Cape Fear Water Classification WS-Iv Site Coordinates Latitude: 35.91942 A. Processing Information County (or Counties) where the project is located: Guilford Randolph Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Longitude: 79.93302 Version# * 2 Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (336)256-2063 Is this a NCDOT Project?* • Yes No (NCDOT only) T.I.P. or state project number: U-6018 WBS # (?) 47163.1.1 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 Non-404 Jurisdictional General Permit 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: For the record only for Corps Permit: 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. Name(s) on recorded deed: see attached 2b. Deed book and page no.: 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d.Address Street Address see attached Address Line 2 City Postal / Zip Code 2e. Telephone Number: (336)256-2063 2g. Email Address:* japarker3@ncdot.gov 4. Agent/Consultant (if applicable) 4a. Name: Jeff Harbour 4b. Business Name: Terracon 4c.Address Street Address 2401 Brentwood Rd Address Line 2 Suite 107 City Raleigh Postal / Zip Code 27604 4d. Telephone Number: (919)805-4208 4f. Email Address:* jeff.harbour@terracon.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Archdale 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Muddy Creek 3b. Water Resources Classification of nearest receiving water: WS-IV 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. 030300030106 and 030300030103 4. Project Description and History State / Province / Region Country 2f. Fax Number: State / Province / Region NC Country us 4e. Fax Number: 2b. Property size: State / Province / Region Country 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 conditions in the project area include residential, commercial and agricultural land uses. The 2019 NRTR defined the following terrestrial communities: Agricultural Land (45 ac); Headwater Forest (1.8 ac); Maintained/Disturbed Land (130 ac); Mixed Hardwood Forest (8 ac); Mixed Pine/Hardwood Forest (36 ac); Non -Tidal FW Marsh (0.1 ac); Successional Land (25 ac)' and Open Water (2.7 ac). There is existing transportation infrastructure that requires modernization to current standards. Significant areas of cleared land exist, primarily from past agriculture. Wetlands and streams also occur in the study area, and these have been previously delineated and reviewed/approved by the US Army Corps of Engineers. Land use in the vicinity of the project is primarily residential and agricultural. 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 4g. List the total estimated linear feet of all existing streams on the property: 4,300 4h. Explain the purpose of the proposed project: To improve existing transportation infrastructure at this interchange and modernize the intersections and widen the roads to meet current traffic demands. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Widening of NC 62 (Liberty Rd) from east of NC 610 (E. Fairfield Rd) to east of SR 4066 (Medlin Grove Rd) and the realignment of SR 1154 (Kersey Valley Rd) and SR 1162 (Weant Rd). 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-2018-00773 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: ESI/Terracon Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE onsite 8-8-2019 (David Bailey) 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? 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 Reason (?) fill slope for road temp hand clearing 2b. Impact type* (?) P T 2c. Type of W. Headwater Forest Headwater Forest 2d. W. name t WP 2e. Forested* Yes Yes 2f. Type of Jurisdicition* Both Both 2g. Impact area 0,020 (acres) 0.040 (acres) �fill for culvert P Headwater Forest WS Yes Both 0.051 (acres) excavation temp hand clearing P T Headwater Forest Headwater Forest WS WS Yes Yes Both -] Both 0.006 (acres) 0.001 (acres) E7A hand clearing T Headwater Forest WJ Yes Both 0.010 (acres) 2g. Total Temporary Wetland Impact 0.051 2g. Total Wetland Impact 0.128 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.077 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 (?) urisdiction" length St Site 1 road crossing Permanent Culvert SE Intermittent Both 34 Average (feet) (linear feet) S2 Site 1 road crossing Temporary Workpad/Causeway SE Intermittent Both 10 Average (feet) (linear feet) S3 Site 4 road crossingPermanent Culvert SO Intermittent Both 4 10 Average (feet) (linear feet) S4 Site 4 road crossing Temporary Culvert SO Intermittent Both 27 Average (feet) (linear feet) S5 Site 5 road crossing Permanent Culvert SO Intermittent Both 152 Average (feet) (linear feet) S6 Site 5 road crossing Temporary Workpad/Causeway J SO Intermittent Both 37 Average (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 196 3i. Total stream and ditch impacts: 270 3j. Comments: 4. Open Water Impacts 3i. Total temporary stream impacts: 74 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area Site 3 base ditch P PB Fill Pond 0.01 Site 6 base ditch T PD Other Pond 0.01 4g. Total temporary open water Impacts: 0.01 4g. Total open water impacts: 0.02 4h. Comments: Site 3 actual impact is 0.005ac; ePCN rounded to 0.01 Site 6 actual impact is 0.001; ePCN rounded to 0.01 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other 4g. Total permanent open water impacts: 0.01 Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Allowable (Site 1) P UT to Mile Branch No 2,238 1,693 Allowable (Site 2) P UT to Muddy Creek No 28 1,507 Allowable with mitigation (Site 3) P UT to Muddy Creek Yes 6,425 11 10,529 Allowable (Site 4) P UT to Mile Branch No 4,478 1,121 Allowable (Site 5) P UT to Richland Creek No 1,835 560 Allowable (Site 6) P UT to Muddy Creek No 1,865 1,142 Allowable with mitigation (Site 7) P UT to Muddy Creek Yes 10,918 6,850 Allowable (Site 8) P UT to Muddy Creek No 1,819 925 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 29,606.00 24,327.00 Zone 1 Total combined buffer impacts: 29,606.00 Zone 2 24,327.00 61. Comments: Site 3 and Site 7 impacts require buffer mitigation. Site 3 required buffer mitigation totals 35,069 sf of buffer credit. Site 7 required buffer mitigation totals 43,029 sf of buffer credit. TOTAL BUFFER MITIGATION REQUIRED: 78,068 SF assuming 3:1 for Zone 1 and 1:5: for Zone 2. 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: The project has been designed to minimize wetland and stream impacts as much as practicable. the largest crossing associated with Site 3 has been redesigned twice to minimize the original impact amount. The wetland impacts originally associated with Site 3 have been eliminated. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The redesign efforts to minimize and avoid impacts included a realignment for Site 3. Hand clearing will be utilized in sensitive areas. Standard NCDOT construction practices will be used to protect sensitive areas and all neccessary BMP's will be employed for the duration of the construction process. 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: 01 car.ee, 4d. Buffer mitigation requested (DWR only): (sUuar, ^e ) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (e') 4g. Coastal (tidal) wetland mitigation requested: ,-es( 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 NCS00i Yes No Comments 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 1b. 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:" Project does not meet nor exceed the thresholds that require a NEPA/SEPA document. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (t5A NCAC 2H .0500), Isolated Wetland Rules (t5A 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 intended to improve intersections and widen roadway to meet current traffic demands in this area. It is not intended to be a driver for any other development. 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? Terracon biologists completed detailed habitat assessments and performed surveys for Schweinitz's sunflower and American chaffseed. No protected species were identified. A USFWS Self -Certification was prepared and submitted to USFWS on June 6, 2019. NCNHP. An additional survey was performed for Schweinitz's Sunflower on 10-27-22 ( see attached documentation). 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? NOAA 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?* Research on the SHPO GIS site did not identify any protected cultural resources in the study area 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 Onemap 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-6018 No Historic Properties.pdf 6.96MB U-6018_No Archeological SurveyReq.pdf 4.28MB U-6018 Wetland and SW Summary Sheet.pdf 111.24KB U-6018 Stormwater Plan.pdf 138.4KB U-6018 Tribal Concurence Letter.pdf 180.12KB U-6018 USFWS No Effects Determination.pdf 1.44MB U-6018 Permit Drawings_WETLAND.pdf 8.51MB U-6018 Buffer Permit Drawings and Summary.pdf 9.76MB U-6018 NRTR.pdf 18.22MB U-6018 Pre -filing Notification. pdf 55.17KB File must be PDF or KMZ Comments 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: W. R. Archer III, PE Signature �iNlSr'tSl�e %.� Date 11/10/2022