HomeMy WebLinkAbout20150503 Ver 1_401 Application_20150515 (2)�o� WarF9oG
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre- Construction Notification CN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (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):
N 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
[:1401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes ❑ No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
® Yes ❑ No
2. Project Information
2a. Name of project:
TIP U -55348 (Walkway Under Heide Trask Drawbridge)
2b. County:
New Hanover _
2c. Nearest municipality/ town:
Wilmington I n (L� M U V L I�l1
2d. Subdivision name:
N/A
2e. NC DOT only, T.I.P. or state
project no:
TIP U -5534B u MAY 1 4 2015
3. Owner Information I L
nCnl. ..!<RESUJRtu i
3a. Name(s) on Recorded Deed:
City of Wilmington L4g & BUFFL(� t'tttivu
3b. Deed Book and Page No.
N/A
3c. Responsible Party (for LLC if
applicable):
Amy Beatty
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.beatty@wilmingtonnc.gov
Page 1 of 12
PCN Form —Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
® Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f: Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Jason Hartshorn
5b. Business name.
(if applicable):
Kimley -Horn
5c: Street address:
3001 Weston Parkway
5d. City, state, zip:
Cary, NC 27513
5e. Telephone no.:
919 - 678 -4155
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 Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID):
N/A (linear transportation project constructed, within
existing NCDOT right -of -way)
1 b. Site coordinates (in decimal degrees):
Latitude: 34:218685 Longitude: - 77:813325
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property 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. River basin:
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 Drawbridge
approach span. The area is historically disturbed and large areas of the study area are regularly maintained. The project
area also extends out over the 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 provide 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 alternative 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 underneath 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 two -way 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 NCDOT bridge supports and the walkway supports.
The walkway begins in the northeast quadrant of the Wrightsville 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, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑ Yes ❑ No ® Unknown
Comments: A jurisdictional determination has been submitted
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 the jurisdictional areas?
Agency /Consultant Company: n/a
Name (if known): n/a
Other. n/a
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 certifications been requested or obtained for
❑ Yes ❑ No ® Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
n/a
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The project is Phase IIIB of a larger greenway project in the City of Wilmington (Gary Shell Cross City Trail). There will
likely 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 completed below for your project (check all that apply):
19 Wetlands ❑ Streams - tributaries ❑ Buffers
® Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number—
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ®P ❑ T
Fill (Support
Estuarine
El Yes
® Corps
0.000033
Piling)
® No
❑ DWQ
(1.44 sq. ft)
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
El Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.000033
2h. Comments: Very minor impacts to a coastal wetland will result from the proposed construction due to the installation of 4
8" diameter timber support pilings and 12-7/8" diameter micropile support. The boardwalk will be elevated sufficiently such
that the bottom of the decking material will be a minimum of T 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 (P) 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
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
0
3i. Comments: No stream impacts will result from the boardwalk 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, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ®P ❑ T
Atlantic Intracoastal
Fill (Support Piling Installation)
Tidal Canal
0000024 acres
.(1.03
Waterway
sq. ft.)
02 ❑P ❑T
03 ❑ PEI 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 pond or lake construction proposed, the complete the chart below.
5a.
5b.
5c.
5d.
be.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments: No ponds or lakes will be constructed as part of
the proposed project.
5h. Is a dam high hazard permit required?
❑ Yes 0 N If yes, permit ID no:
5i. Expected 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 project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fi[I out Section D of this form.
6a.
❑ Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
im act
required?
B1 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h. Total buffer impacts
n/a
n/a
6i. Comments: No protected riparian buffers will be impacted 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
wherever 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 minimize 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
AIWW or any water of the US at any time. Pilings will be installed from the structure as it is built along the alignment.
Micropilings were also used wherever practical to further minimize impacts to jurisdictional areas. Where.feasible, staging and
construction access routes will be located in upland areas throughout the corridor. Tree protection fencing, silt fencing, and
other standard Best Management Practices (BMPs) and measures will be used throughout the construction 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, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
Payment to in -lieu fee program
project?
❑ 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. Comments: 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:
N/A linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool El cold
4d. Buffer mitigation requested (DWQ only):
N/A square feet
4e. Riparian wetland mitigation requested:
N/A acres
4f. Non- riparian wetland mitigation requested:
N/A acres
4g. Coastal (tidal) wetland mitigation requested:
N/A acres
4h. Comments: N/A
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
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
buffer mitigation?
❑ Yes ® No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(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?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ®No
Comments: n/a
2. Stormwater Management 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 be 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 project?
❑ Phase II
❑ NSW
3b. Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ 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
❑ Yes ® No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ❑ No
5b. Have all of the 401 Unit 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 (federal/state/local) funds or the
® Yes ❑ No
use of public (federal state) land?
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
® 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. Violations (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 anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
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 communities 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. Will 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?
E:1 Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
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 area. The project is
not likely to impact American alligator, West Indian manatee, or Atlantic sturgeon as all species have 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 habitat was found within
the vicinity of the project study area for bonnethead shark, Atlantic sharpnose shark,. 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
resources 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 the study area. 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 Requirement)
8a. Will this project occur in a FEMA - designated 100 -year floodplain?
® Yes ❑ No
8b. If yes, explain 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 3720315700J
Jason Hartshorn
4/15/2015
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version