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HomeMy WebLinkAbout20230586 Ver 1_ePCN Application_20230417i 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: 1/9/2023 BIMS # Assigned 20230586 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 la. Name of project: Hwy 152 E NC DOT la. Who is the Primary Contact?* Holden Sabato 1b. Primary Contact Email: * holdensabato@silvermangroup.net Date Submitted 4/17/2023 Nearest Body of Water Cold Water Creek Basin Yadkin-PeeDee Water Classification WS-VI Site Coordinates Latitude: 35.571178 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Rowan Is this a NCDMS Project Yes No Longitude: -80.55525 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Dave Wanucha:dave.wanucha@ncdenr.gov 1c. Primary Contact Phone: * (973)765-0100 O Is this project a public transportation project?* Yes No 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 1b. 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 Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 401 Water Quality Certification - Express Riparian Buffer Authorization 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 1h. 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: Donald T Moore 2b. Deed book and page no.: 1372 / 865 2c. Contact Person: Donald T Moore 2d. Address Street Address 110 Bud Lane Address Line 2 City China Grove Postal / Zip Code 28023 2e. Telephone Number: (973)765-0100 2g. Email Address:* holdensabato@silvermangroup.net 2a. Name(s) on recorded deed: Washam Jeffrey Scott 2b. Deed book and page no.: 1273/37 2c. Contact Person: Washam Jeffrey Scott 2d.Address Street Address 965 E NC 152 Highway Address Line 2 City China Grove Postal / Zip Code 28023 2e. Telephone Number: (973)765-0100 2g. Email Address:* holdensabato@silvermangroup.net 2a. Name(s) on recorded deed: Washam Marsha Helen 2b. Deed book and page no.: 739 / 122 2c. Contact Person: Washam Marsha Helen 2d.Address Street Address 930NCHWY152E Address Line 2 City China Grove Postal / Zip Code 28023 2e. Telephone Number: (973)765-0100 2g. Email Address: holdensabato@silvermangroup.net 2a. Name(s) on recorded deed: Martin Randy and Ronnie Isenhour 2b. Deed book and page no.: 9995 / 302 2c. Contact Person: Martin Randy and Ronnie Isenhour State / Province / Region North Carolina Country USA 2f. Fax Number: State / Province / Region North Carolina Country USA 2f. Fax Number: State / Province / Region North Carolina Country USA 2f. Fax Number: 2d. Address Street Address 850 E NC 152 Highway Address Line 2 City China Grove Postal / Zip Code 28023 2e. Telephone Number: (973)765-0100 2g. Email Address:* holdensabato@silvermangroup.net 2a. Name(s) on recorded deed: Altec Industries Inc. 2b. Deed book and page no.: 9995/302 2c. Contact Person: Altec Industries Inc. 2d.Address Street Address 210 Inverness Center drive Address Line 2 City Birmingham Postal / Zip Code 35242 2e. Telephone Number: (973)765-0100 2g. Email Address:* holdensabato@silvermangroup.net 2a. Name(s) on recorded deed: Hitachi Metal NC LTD 2b. Deed book and page no.: 9995 / 451, 1285 / 636 2c. Contact Person: Hitachi Metal NC LTD 2d.Address Street Address 1 Hitachi Metals Drive Address Line 2 City China Grove Postal / Zip Code 28023 2e. Telephone Number: (973)765-0100 2g. Email Address:* holdensabato@silvermangroup.net 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Robertson 4b. Business Name: Atlas Environmental State / Province / Region North Carolina Country USA 2f. Fax Number: State / Province / Region Alabama Country USA 2f. Fax Number: State / Province / Region North Carolina Country USA 2f. Fax Number: 4c. Address Street Address 338 S. Sharon Amity Road #411 Address Line 2 City Charlotte Postal / Zip Code 28211 4d. Telephone Number: (704)512-1206 4f. Email Address:* jrobertson@atiasenvi.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality I town: Rowan 2. Project Identification State / Province / Region North Carolina Country USA 4e. Fax Number: 2a. Property Identification Number: 125 069, 125 082, 117 176, 117 083, 117 157, 2b. Property size: 117 079, 117 174, 117 085 5.6 2c. Project Address Street Address 565 NC-152 Address Line 2 City State / Province / Region China Grove North Carolina Postal / Zip Code Country 28023 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Cold Water Creek 3b. Water Resources Classification of nearest receiving water: WS-VI 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050202 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 ground surface generally slopes down towards the Western boundary. The topographic relief of the review area is approximately 60 feet with an approximate maximum elevation of 832 feet and minimum elevation of 772 feet. The surrounding area predominantly consists of an industrial development immediately to the North, residential development to the East, and forested/agricultural land to the South. This project encompasses a section of State Highway 152 East with an added buffer so much of the surrounding area of the project is dedicated to highway infrastructure. At the time of the site visit, three occupied residences were observed within the review area. None of these structures are proposed for removal regarding this project. 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). SAW-2021-01365 4f. List the total estimated acreage of all existing wetlands on the property: 0.037 acres 4g. List the total estimated linear feet of all existing streams on the property: 3379 4h. Explain the purpose of the proposed project:* The project is for road improvements along NC Highway 152 related to the adjacent industrial development. A NC DOT project area was established for the road improvements and an approved jurisdictional determination was requested for that area on March 16, 2023. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Unavoidable impacts related to the NC DOT road improvements to Hwy 152 E. include both permanent and temporary stream impacts and permanent wetland impacts. Permanent stream impacts total 572 linear feet (0.027 acre) and temporary stream impacts total 35 linear feet (0.003 Ac). Permanent wetland impacts total 0.008 acre. Permanent impacts have been identified as S1 through S7 and W1. Temporary stream impacts have been identified as S8 through S10. The project has been designed and engineered to avoid and minimize impacts to the greatest extent possible. The NC DOT approved design by Stantec includes the relocation of 424 linear feet of channel as impact S1. The length of the channel after the relocation is 379 linear feet. This open relocation of this channel is occurring to minimize the severity of impacts when compared to culverting the channel. Impacts S4 and S5 are related to bank and channel stabilization for long term stability avoiding potential future erosion issues. The project will require mechanized land clearing. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O Unknown Comments: Yes Atlas Staff 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): Atlas Staff Agency/Consultant Company: Atlas Environmental 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? The SAW-2021-01365 Preliminary Jurisdictional Determination was used to define the waters affected by the NC DOT project to 152 Highway East. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries L i Buffers Open Waters Pond Construction 2. Wetland Impacts O 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * ?) 2g• Impact area * ff -7] fill P __] Seep Wetland 1700 L Both 0.008 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.008 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.008 F 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* S1 S1 Permanent Relocation CH 100 Perennial Both �424 Average (feet) (linear feet) S2 S2 Permanent Fill CH 100 Perennial Both 2 54 Average (feet) (linear feet) S3 S3 Permanent Fill Ch 100 Intermittent Both 19 Averege (feet) (linear feet) S4 S4 Permanent Bank Stabilization CH 100 Intermittent Both 2 6 Averege (feet) (linear feet) SS S5 Permanent Bank Stabilization J CH 100 Intermittent Both 2 21 Average (feet) (linear feet) S6 S6 Permanent Fill CH 100 Intermittent Both 26 Averege (feet) (linear feet) S7 S7 Permanent Fill CH 100 Intermittent Both 2 22 Average (feet) (linear feet) S8 S8 Temporary Relocation CH 100 Perennial Both 15 Average (feet) (linear feet) S9 S9 Tem ora P rY Bank Stabilization CH 100 Intermittent Both 2 10 Averege (feet) (linear feet) S10 S10 Tem ora P ry Bank Stabilization CH 100 Intermittent Both 2 10 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 572 3i. Total stream and ditch impacts: 607 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 35 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project has been designed and engineered to avoid and minimize impacts to the greatest extent possible. The NC DOT approved design by Stantec includes the relocation of 424 linear feet of channel as impact St. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The open relocation of the channel is occurring to minimize the severity of impacts when compared to culverting the channel. Impacts S4 and S5 are related to bank and channel stabilization for long term stability avoiding potential future erosion issues. 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): D W R Corps 2d. If yes, which mitigation options) 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: (linear feet) 572 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested 4h. Comments 572 LF 1:1 letter was received March 23, 2023 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 0 V 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 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: Not located in State Protected Riparian Buffers 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No Comments: Please see attachment G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? 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. This is not a Phased 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. Asheville 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 and NHP and field assessment 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 HPO buffer map and field assessment 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 NFHL and Google Earth Kml 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 HWY 152 E DOT Project NWP 14 compressed.pdf 6.72MB 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: Allyson Sinclair Signature Date 4/17/2023