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HomeMy WebLinkAbout20230354 Ver 1_ePCN Application_20230303DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 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: 10/6/2022 BIMS # Assigned * Version#* 20230354 1 Is a payment required for this project? * No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review What amout is owed?* $240.00 $570.00 Select Project Reviewer* Seren Homer:Seren.Homer@ncdenr.gov la. Name of project: Water Line Improvements along Knox and Bethel Church Road la. Who is the Primary Contact?* Jim Mason 1b. Primary Contact Email: * 1c. Primary Contact Phone: * james.mason@threeoaksengineering.com (704)604-8358 Date Submitted 3/3/2023 Nearest Body of Water Rock Creek Basin Cape Fear Water Classification WS-IV;NSW Site Coordinates Latitude: 36.089294 Longitude: -79.631446 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Guilford Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 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 1b. 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): ld. 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: If. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. 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: City of Greensboro 2b. Deed book and page no.: 2c. Contact Person: Shane Messer 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 2602 S. Elm -Eugene St Address Line 2 City Greensboro Postal / Zip Code 27406 State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (336)373-2055 2g. Email Address:* shane.messer@greensboro-nc.gov 4. Agent/Consultant (if applicable) 4a. Name: Jim Mason 4b. Business Name: Three Oaks Engineering 4c. Address Street Address 324 Blackwell Street, Suite 1200 Address Line 2 City Durham Postal / Zip Code 27701 4d. Telephone Number: (704)604-8358 4f. Email Address:* james.mason@threepaksengineering.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: McLeansville & Gibsonville 2. Project Identification 2a. Property Identification Number: 2b. Property size: Multiple 2c. Project Address Street Address Bethel Church Rd at Peeden Drive to Knox Road at US 70 Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Rock Creek 3b. Water Resources Classification of nearest receiving water: * WS-IV;NSW 3c. What river basin(s) is your project located in?* Cape Fear State / Province / Region Country 3d. Please provide the 12-digit HUC in which the project is located. 030300020303 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 area consists of existing two-lane roads with agriculture, residential, churches, and a school in the vicinity. Most construction will take place within existing North Carolina Department of Transportation right-of-way. 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: 0.02 4g. List the total estimated linear feet of all existing streams on the property: 68 4h. Explain the purpose of the proposed project: * The City of Greensboro is proposing improvements to the existing waterline along Knox and Bethel Church Road between Gibsonville and McLeansville, in Guilford County, North Carolina. This project extends from Bethel Church Road (SR 2752) from Peeden Drive to Knox Road (SR 2814) at US 70 (Burlington Road). 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project includes improvements to an existing waterline along Knox Road from Burlington Road (US 70) to Bethel Church Road and along Bethel Church Road from Knox Road to Peeden Drive. Impacts will include temporary open trenching of two unnamed tributaries to Rock Creek, plus impacts to riparian buffer. Areas outside of the proposed permanent maintenance corridor (existing maintained NCDOT ROW, plus 10-ft permanent easement) will not be impacted. Typical construction equipment, such as trucks, bulldozers, excavators, and backhoe loaders, will be used during construction. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes Comments: No O Unknown 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-2022-00517 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Nathan Howell, MS, PWS Three Oaks Engineering 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR office verification only (see attached email) 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 Open Waters 3. Stream Impacts Streams -tributaries Pond Construction Buffers O 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* Sf Waterline Installation Temporary Dewatering S2 Perennial Both 10 Average (feet) 32 (linear feet) S2 Waterline Installation Temporary Dewatering S3 Perennial Both 7 Average (feet) 36 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 68 3i. Total temporary stream impacts: 68 3j. Comments: Streams S2 and S3 will be temporarily de -watered to allow for installation of the waterline. Streambed material will be sidecast, the line installed, and the streambed returned to its pre -construction elevation and contours. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other 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 Utility, non -electric, perpendicular crossing of stream -Allowable P S2 No 1,050 421 Utility, non -electric, perpendicular crossing of stream T S2 No 659 119 Utility, non -electric, perpendicular crossing of stream -Allowable P S3 No 1,534 753 Utility, non -electric, perpendicular crossing of stream T S3 No 668 193 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 1,327.00 Zone 1 2,584.00 Zone 2 312.00 Zone 2 1,174.00 Zone 1 Zone 2 3,911.00 1,486.00 The temporary impacts are vegetated areas that are within the existing easement, but do not contain trees; these areas will be re -seeded with a similar species composition once construction in the area is completed. Impact length for both sites is very close to 40 linear feet with a 10-foot easement, so considered Allowable rather than Exempt. 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 existing waterline is currently in existing road ROW. The proposed waterline will be installed as close to the existing maintenance corridor/NCDOT ROW as possible, thereby minimizing riparian buffer impacts. The project has also been designed to avoid permanent wetland and stream impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best Management Practices for the Protection of Surface Waters will be employed. Silt fencing will be installed along the entire project. Rock check dams will also be used where appropriate to minimize flow velocity and stormwater runoff into tributaries to Rock Creek. Additional erosion control measures will be employed as needed during construction. Disturbed areas will be seeded, fertilized and mulched within required timeframes. 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: This project avoids as many impacts as possible and will result in minimal impacts to jurisdictional features and riparian areas. Additionally, no permanent wetland or stream impacts will occur and all riparian buffer impacts are Allowable. 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 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 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: * Local funding only (City of Greensboro) 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 the improvement of an existing waterline, so no additional development is anticipated as a result of the 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 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPaC - checked 2/27/2023; tricolored bat, small -whorled pogonia, and bald eagle are listed. Tricolored bat is currently proposed for listing as Endangered but is not listed at the time of this application. Therefore, no action has been taken yet. If the species is listed during the life of the project and tree clearing or impacts near existing structures still needs to be completed, this species will be addressed accordingly. No bald eagle nests were observed during field visits to the site. For small -whorled pogonia, the project is along existing roadside, which is heavily maintained. The project also crosses several fields, which do not possess habitat. The wooded areas that will be impacted are on the edge of the woodline adjacent to maintained ROW and are either too open/sunlit or covered in ground cover to be considered habitat. A review of the NCNHP Winter (January) dataset identified no known occurrences of any species within 1.0 mile of the project. 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 Essential Fish Habitat Mapper 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? * NC Historic Preservation Office's HPOWEB 2.0 - General Audience Determine Eligible - Reece House (GF8209) off US 70 near Knox Rd. - No impacts will occur to this property. Surveyed Only - GF0370 Bethel Presbyterian Church, GF1862 Wharton -Painter House (6041 Bethel Church Road), and GF1697 Shepard -Brown House 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?* FEMA Flood Map Service Center 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 City of Greensboro_Knox_BethelChurchRd_AGENT_AUTHORIZATION_FORM_Flat.pdf Impact Maps 01-09-2023.pdf KNOX ROAD WATERLINE.pdf City of Greensboro_Knox_BethelChurch_PJD_Package_03022022.pdf USACE_PJD Acknowledgement.pdf Knox Road_Bethel Church Road Water Line Project_Pre-Filing Request.pdf Species List_ Raleigh Ecological Services Field Office_02272023.pdf File must be PDF or KMZ Comments Signature 133.68KB 295.94KB 11.1MB 14.05MB 4.99MB 84.81KB 488.04KB 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: James Mason Signature Q.RArdtl Watt r Date 3/3/2023