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HomeMy WebLinkAbout20150503 Ver 1_401 Application_20150515 (2)�o� WarF9oG y o 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. 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