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HomeMy WebLinkAbout20150503 Ver 1_401 Application_20150515o��� W Ar�9�� y r > .� O T Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification CN Form A. A licant Information 1. Processing 1a. Type(s) of approval sought from the Corps � Section 404 Permit I� Section 10 Permit 1b. Specify Nationwide Pennit (NWP) number: or General Permit (GP) number. 197800056 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes � No 1 d. Type(s) of approval sought from the DWQ (check all that apply): � 401 Water Quality Ce�tification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian BufferAuthorization 1e. Isthis notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: � ❑ Yes � No ❑ Yes � No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation � Yes � No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. Is the project located in any of NCs twenty coastal counties. If yes, answer 1 h � Yes ❑ No below. 1 h. Is the project located within a NC DCM Area of Environmental Eoncern (AEC)? � Yes ❑ No 2. Project Information 2a. Name of project: TIP U-5534B (Walkway Under Heide Trask Drawbridge) 2b. County: New Hanover 2c. Nearest municipality / town: Wilmington I n���� � v L��`�� 2d. Subdivision name: N/A I In� �-`-�� '`� �; 2e. NCDOT only, T.I.P. or state TIP U-55346 u�� MAY 1 4 2015 • project no: 3. Owner Information � L , �c�<<. _e< RES�JUitu� = E 3a. Name(s) on Recorded Deed: City of Wilmington � 401 & BUFFL(� �'tKivu �����:� � 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC ff Amy Beatty applicable): 3d. Street address: 102 North Third Street, P.O. Box 1810 3e. City, state, zip: Wilmington, NC 28402-1810 3f. Telephone no.: 910-341-7800 3g. Fax no.: N/A 3h. Email address: amy.beatry@wilmingtonnc.gov Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicarrt Information (if differentfrom owner) 4a. Applicant is: � Agent ❑ Other, specify; 4b. Name: 4c. Business name (if applicable): 4d. Street add�ess: 4e. Gity, state, zip: 4f: Telephone no.: 4g. Fax no.: 4h. Email address; 5. Agent/Consultant information (if applicable) 5a. Name: Jason Hartshorn 5b. Business name Kimley-Horn (if applicable): 5c: Street address: 3Q01 Weston Parkway 5d. City, state, zip: Cary, NC 27513 5e. Telephone no.: 919-678�155 5f. Fax no.: 919-677-2050 5g. Email address: Jason.Hartshorn@Kimley-Horn.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Informaiion and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): N/A (linear fransportation project constructedwithin existing NGDOT right-of-way) 1 b. Site coordinates (in decimal degrees): Latitude: 34218685 Longitude: - 77:813325 (DD.DDODDD) (-DD.DDDDDD) 1 c. Properly size: 0.23 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Atlantic Intracoastal Waterway (AIWW) proposed project: 2b. Water Quality Classification of nearest receiving water. SA, HQW 2c. Riverbasin: Cape Fear 3. Project Description 3a. 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 entirely of NCDOT right-of-way associated with US 74/76 and the Heide Trask D�awbridge approach span. The area is historically disturbed and large areas of the study area are regularly maintained. The project area also extends out over tNe MHWM of the AIWW and includes the sandy fill slope of US 74176 down to the tidal area and aquatic community of the AIWW. Land use in the vicinity is primarily commerical or NCDOT right-of-way, with fragmented natural thickets between the AIWW and US 74/76. 3b. List the total estimated acreage of all existing wetlands on the property: 0.01 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to prbvide a safe crossing for cyclists and pedestrians across US 74/76 (Wrightsville Avenue). The walkway is part of the Gary Shell Cross-City Trail, which is a.key piece of the City of Wilmington's Trails and Greenways System. Its construction will help address a need for altemative transportation in the City that is safer and more convenient for citizens. 3e. Describe the overall project in detail, including the type of equipment to be used: Phase IIIB consists of a public walkway undemeath the Heide Trask Drawbridge to provide a designated crossing for cyclists and pedestrians across US 74/76 (Wrightsville Avenue) on the mainland side of the drawbridge in Wilmington. The proposed walkway will be 8' wide to facillitate twaway pedestrian and/or bicycle traffic, constructed of drip-through decking with timber support pilings. Under the existing NCDOT bridge structure, the walkway will remain 8' wide, but will be supported by micropiles to allow sufficient clearance between the NCD�T bridge supports and the walkway supports. The walkway begins in the northeast quadrant of the VVrightsville Avenue/Airlie Road intersection near the terminus of Phase IIIB of the Cross City Trail. It ends in the southeast quadrant of the same intersection, near the Bridge Tender Marina parking lot. Typical roadway and boardwalk construction equipment will be utilized, including cranes, track hoes, back hoes, graders, dump trucks, bulldozers, and pavers. Page 3 of 12 PCN Form — Version 1.3 December 10, 20�8 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Gorps or State been'requested or obtained for this property / project (including all prior phases) in the past7 ❑ Yes ❑ No � Unknown Comments: A jurisdictional determination has been submitied with this permit application. 4b. If the Corps made the jurisdictional determination, what type � Preliminary ❑ Final of determination was made? 4c. If yes, who delineated tfie jurisdictional areas? Agency/Consultant Company: n/a Name (if known): n/a Other. Na 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. n/a 5. Project History 5a. Have permits or cert'rfications been requested or obtained for � Yes ❑ No � Unknown this project (including all prior phases) in the pasY? 5b. If yes, explain in detail according to "help file" instructioris. n/a 6. Future Rroject Plans 6a. Is this a phased project? � Yes ❑ No 6b. If yes, e�lain. The projecf is Phase IIIB of a larger greenway project in the City of Wilmington (Gary Shell Cross City Trail). There will like.ly be future sections of greenway constructed in the City to increase the connectivity of previous greenway paths throughout the city and to community features, however this project will be completed as one single and complete project with independent utility by providing safe crossing under US 74176 {Wrightsville Avenue). Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were compieted bebw for your project (check all that apply): � Wetlands ❑ Streams - tributarie.s ❑ Buff.ers � Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on fhe site, then complete this question for each wetiand area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type ofjurisdiction number— Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Tem ora Fill (Support ❑ Yes � Corps 0.000033 W1 � P❑ T Piling) Estuarine � No ❑ DWQ (1.44 sq. ft) WZ ❑ P � T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ RWQ 1N6 ❑ P � T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.000033 2h. Comments: Very minor impacts to a coastal wetland will �esult from the proposed const�uction due to the installation of 4 8" diameter timber support pilings and 1 2-7/8" diameter micropile support. The boardwalk will be elevated sufficiently such that the bottom of the decking material will be a minimum of 3' above the substrate supporting the wetland. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g• Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (R) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P � T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P❑ T ❑ PER ❑ Corps ❑ lNT ❑ DWQ 3h. Total stream and tributary impacts 0 3i. Comments: No stream impacts will result from the boa�dwafk construction. Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries,: tributaries, sounds, theAtlantic Ocean, or any other open water of ttie U.S. then individually list afl open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicabie) Type of impact Waterbody rype Area of impact (acres) Permanent (P) or Tem ora Atlantic Infracoastal 0.000024 acres 01 � P❑ T �/aterway Fill (Support Piling Installation) Tidal Canal (1.03 sq. ft.) 02 ❑P❑T 03 ❑P�T 04 ❑P�T 4f Total open water impacts 0.000024 4g. Comments: Very minor impacts will result to the Atlantic Intracoastal Waterway due to the installation of 1 8" timber support piling and 15 2-7/8" micropile support pilings. 5. Pond or Lake Construction If ond or lake construction ro osed, then com lete the chart below. 5a. 5b. 5c. 5d. Se. Wetland Impacfs {acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 Sf. Total Sg. Comments: No ponds or lakes will be constructed as pait of the proposed project. 5h. Is a dam high hazard permit required? ❑ Yes � No If yes, permit ID no: 5i. Expecfed pond surface area (acres): N/A 5j. Size of pond watershed (acres}: N/A 5k. Method of construction: N/A Page 6 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If p�ojeciwill impact a protected riparian buffer, then complete the chart below. if yes, then individually list all buffer impacts below. If an im acts re uire miti ation, then ou MUST fi[I out Section D of this form. 6a. ❑ Neuse ❑ Tar-Pamlico ❑ Other: Projecf is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impacE Permanent (P) or for Stream name mitigation (square feet) (square feet) Tem ora im act re uired? 61 ❑P0T ❑Yes ❑ No � 62 ❑P❑T ❑Yes ❑ No 63 ❑ R � T ❑ Yes ❑ No 6h. Total buffer impacts n!a Na 6i. Comments: No Profected riparian buffers will be impacfed by the proposed project. D. Impact Justification and Mitigation 1: Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts have been minimized to the greatest extent practical. The boardwalk alignment was located landward of the MHWM whetever possible, however due to height clearances dictated by NCDOT and the ADA, the alignment was forced to its current location. The proposed walkway was also kept entirely within NCDOT right-of-way to minimize disturbance where feasible and minimize new impacts to coastal wetlands and waters of the US. The boardwalk was also elevated as much as possible while still meeting NCDOT and ADA requirements, and will be constructed such that the bottom of the decking will be a minimum of 3' above the substrate supporting the wetland. 1 b. Specifically describe measures taken to avoid or minim.ize the proposed impacts through construction techniques: The proposed walkway will be constructed along the alignment of the boardwalk, meaning that no equipment will be within the AIVWV or any water of the US at any time. Pilings will be installed from the structure as it is built along the alignmeni. Micropilings were also used wherever practical to further minimize impacts fo jurisdictional areas. Where.feasible, staging and construction access routes will be located in upland areas throughout the corridor. Tree protection fencing, sift fencing, and other standard Best Management Practices (BMPs) and measures wiU be used throughout the consfruction process to minimize impacts to receiving waters and to minimize runoff from the construction site. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes � No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigafion isrequired by (check all that apply); ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑ Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 3c. Commenfs: N/A 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: IV/A linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): N/A square feet 4e. Riparian wetland mitigation requesfed: N/A acres 4f. Non-riparian wetland mitigation requested: N/A acres 4g. Goastal (tidal) wetland mitigation requested: N/A acres 4h. Comments: N/A 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permiftee responsible mitigation plan, provide a description of the proposed mitigation pfan. N/A 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes � IVo buffer mitigation? 6b: If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 0 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). n/a 6h. Comments: n/a Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified � Yes � No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes � No Comments: n/a 2. Stormwater Mana ement Plan 2a. What is the overall percent imperviousness of this project? 27.8 % 2b. Does this project require a Stormwater Management Plan? ❑ Yes � No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project disturbs less than an acre of land. 2d.. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: n/a ❑ Certified Local Government 2e. Who will 6e responsible for the review of the Stormwater Management Plan? � DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this projeci? ❑ Phase II 3b. Which of the foflowing locally-implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes � No attached? 4. DWQ Stormwater Program Review � Coastal counties � HQW 4a. Which of the following state-implemented stormwater management programs apply � ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes � No 5. DWQ 401 Unit Stormwater Review Sa. Does the Stormwater Management Plan meet the appropriate requirements? � Yes ❑ No 5b. Have all of the 401 Unif submittal requirements been met? � Yes ❑ No Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a: Does the project involve an expenditure of public (federaUstate/local) funds or the � Yes ❑ No use of public (federal/state} land? 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 � Yes ❑ No (North Carolina} Environmental Policy Act (NEPA/SEPA)? 1c: If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter:) � Yes ❑ No Comments: A Programmatic Categorical Exclusion has been approved for the proposed project and final approval is attached 2. Violatior� (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ SurFace Water or Wetland Standards, ❑ Yes � No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ❑ Yes � No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably an#icipated future impacts) result in � Yes � No additional development, which could impact nearby downstream water qualiiy? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed project will not result in additional development. The sidewalk and boardwalk facilities proposed will serve existing cammunities and connect existing public locations. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated from the proposed project. Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. 1/Vill this project occur in or near an area with federally protected species or � Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act � Yes � No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ P;sheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? According to the NC Natural Heritage Program Element Occurrence Database (updated October 2014), there are two endangered species (West Indian manatee, Atlantic sturgeon}, one threatened species (American alligator) and one proposed endangered species (northern long-eared bat) known to occur within one mile of the project atea. The project is not likely to impact American alligator, West Indian manatee, or Atlantic sturgeon as all species haye occurences outside of the project study area and the overall impact of the proposed project is minor. The project will stay out of the navigable water way of the AIWW and impacts are minimized by utilizing a boardwalk path elevated above coastal wetland areas. The: Heide Trask Drawbridge does have potentially suitable habitat for the Northern long-eared-bat. However, the project is not intended to impact the bridge in anyway. A biological conclusion of °No Effect" was determined for each species. The "No Effect° call is due to the lack of suitable habitat or the extremely minor impact of what marginal habitat is present. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? � Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Essential Fish Habitat Mapper was reviewed on December 15, 2014. Essential fish habifat was found within the vicinity of the project study area for bonnethead shark, Atlantic sharpnose sha�k,. blacktip shark, smooth dogfish, and the snapper/grouper complex. The range of these fish species is widespread in and around the coastal area of Wilmington. The proposed boardwalk construction will have minimal impact along the edge of the Intracoastal Waterway and is unlikely to impact the above-listed fish species. 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 � Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The State Historic Preservation Office (SHPO) database was reviewed on December 15, 2014 to determine if any historic resourc.es occurred in the vicinity of the study area. There is one historically significant strucure that has been determined elegible for National Register of Historic Places {NHRP) crossing through the project boundary. (NH3471 - Heide Trask� Memorial Bridge). However, SHPO determined that there would be no effect on historic resources during a meeting on April 14, 2014. There are three national register individual listings and one study list individual entry (now gone) within one mile of fhe studyarea. The project will consist of a multi-use path that crosses under the Heide Trask Drawbridge within a currently maintained right-of-way and will not impact any historic or archaeological resource. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 8. Flood Zone Designation (Corps Requirementj 8a. Will this project occur in a FEMA-designated 100-year floodplain? � Yes ❑ No 8b. If yes, e�lain how project meets FEMA requirements: The project will be located within the coastal high hazard zone and will have no impact to base flood elevations. 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Panel 372031570�J Jason Hartshorn G�� �'�Ly��� 4I15/2015 Applicant/Agent's Printed Name Applicant/Agent"s Signature Date {Agent's signature is valid only if an authorization letter from the applicanf is rovided. Page 12 of 12 PCN Form — Version 1.3 December 10, 20d8 Version