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HomeMy WebLinkAbout20230937 Ver 1_ePCN Application_20230630DWR 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: 1/17/2023 BIMS # Assigned 20230937 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer's Ryan Conchilla:ryan.conchilla@ncdenr.gov Information for Initial Review la. Name of project: Proposed CAM Road / Wolfspeed Facilities Access & US 64 Intersection Improvements 1a. Who is the Primary Contact?* Art King / NCDOT Division 8 Division Environmental Officer 1b. Primary Contact Email: acking@ncdot.gov Date Submitted 6/30/2023 Nearest Body of Water Brush Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: Longitude: 35.74451-79.54007 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Chatham Is this a NCDMS Project Yes No Version#* 1 Reviewing Office` Central Office - (919) 707-9000 1c. Primary Contact Phone: x (910)773-8015 O Is this project a public transportation project?* Yes No Is this a NCDOT Project?* Yes No (NCDOT only) T.I.P. or state project number: HE-0011 WBS # (1) 50623.1.1 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 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: 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: NCDOT 2b. Deed book and page no.: 2c. Contact Person: Art King / NCDOT Division 8 Division Environmental Officer 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 121 DOT Drive Address Line 2 city Carthage Postal / Zip Code 28327 2e. Telephone Number: (910)773-8015 2g. Email Address:* acking@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (If appropriate) 1c. Nearest municipality / town: Siler City, Chatham County, North Carolina 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address 20633 US-64 West Address Line 2 City Siler City Postal / Zip Code 27344 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Brush Creek 3b. Water Resources Classification of nearest receiving water: C 3c. What river basins) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300030206 4. Project Description and History State / Province / Region North Carolina Country USA 2f. Fax Number: 2b. Property size: 63.4 State / Province / Region North Carolina Country USA 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 existing site conditions consist of a mix of agricultural lands and rural residential homesteads adjacent to the US 64 transportation corridor west of Siler City. Project HE-0011 proposes to construct an access road (CAM Road) that will end approximately 3,000 feet north of US 64. The CAM Road will service the Wolfspeed Advanced Manufacturing Site which is currently under construction. HE-0011 is a single and complete project to address current insufficient access and to accommodate future projected traffic entering and exiting the Wolfspeed Site. Wolfspeed is anticipated to open phase one in 2024. Wolfspeed anticipates creating 1,800 new jobs on the 445-acre site over the next 8 years. Project HE-0011 also proposes to make improvements to the new CAM Road intersection with US 64. The Department is proposing a reduced conflict intersection (RCI) design, including a median crossover and u-turn bulb out, to accommodate future projected traffic entering and exiting Wolfspeed Advanced Manufacturing Site (Wolfspeed). 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: 0.14 4g. List the total estimated linear feet of all existing streams on the property: 1335 4h. Explain the purpose of the proposed project:* The proposed transportation project is needed to address the current insufficient access and to accommodate future projected traffic entering and exiting the Wolfspeed Advanced Manufacturing Site The purpose of the project is to provide safe and efficient access to Wolfspeed and improve US 64 operations in the project vicinity to accommodate future projected traffic. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Project HE-0011 proposes to construct roadway improvements along US 64 just west of Siler City and construction of an industrial access road. The industrial access road (aka CAM Road) will end approximately 3,000 feet north of US 64 adjacent to the Wolfspeed Advanced Manufacturing Site (Wolfspeed). The proposed two lane road will have 12-foot travel lanes, 8- foot shoulders (4-foot paved and 4 foot unpaved) and will be separated by a 23-foot raised grass median with curb and gutter. The NCDOT is planning to purchase 150 feet of right of way to accommodate a future four -lane facility. Project HE-0011 also proposes to make improvements to the new CAM Road intersection with US 64. The Department is proposing a reduced conflict intersection (RCI) design to accommodate future projected traffic entering and exiting Wolfspeed Advanced Manufacturing Site (Wolfspeed). The RCI design includes a new median crossover and u-turn bulb out west of Graham Moore Road and the closure of the existing median crossover at Graham Moore Road. The CAM Road will service Wolfspeed which is currently under construction. Wolfspeed is anticipated to open phase one in 2024. Wolfspeed anticipates creating 1,800 new jobs over the next 8 years. The standard and normal heavy earth moving and heavy road construction equipment will be used to construct this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Q Unknown Comments: Concurrence attached in miscellaneous 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-2014-01632 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Michelle Savage-Measday Agency/Consultant Company: ECS Southeast, LLP Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR On January 14, 2022, Wilmington District, Regulatory Division received request to review and concur with the boundaries of an aquatic resource delineation. Site visits occurred on November 7-8, and December 6-7, 2022. Revised final aquatic resource mapping was received on February 2, 2023. 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? HE-0011 is a single and complete project to address the lack of access to accommodate future projected traffic entering and exiting the Wolfspeed Advanced Manufacturing Site. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts O 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact ❑ (?) Jurisdiction* length* S1 Culvert Outlet bank Permanent Bank Stabilization UT Brush Creek Intermittent Both 16 stabilization Aveage (feet) (linear feet) gp Culvert Outlet bank Temporary Dewatering UT Brush Creek Intermittent Both stabilization Average (feet) (linear feet) S3 Construction of 66" roadway Permanent Culvert UT Brush Creek Intermittent Both 179 culvert Average (feel) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 195 6 3i. Total stream and ditch impacts: 201 3j. Comments: Copy of the permit plans are attached in the miscellaneous section. 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 roadway culvert will be located in an alignment and foot print to minimize impacts to jurisdictional waters. The roadway culvert length will be minimized to construct a roadway designed to support documented traffic safely and efficiently operations. The culvert will be buried to assure aquatic life passage through the culvert. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The project construction will be conducted in compliance with regional special conditions of Sec 401 and Sec 404 permits including construction staging on high ground, no construction equipment will be allowed in JD waters, appropriate erosion control devices will be constructed and maintained, new culvert will be constructed in "dry" with appropriate dewatering devices being constructed and maintained during construction,safety fencing will be used to delineate environmentally sensitive areas, etc. 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): DWR Corps 2d. If yes, which mitigation option(s) 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) 201 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 49. Coastal (tidal) wetland mitigation requested: (acres) 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR O Ga. 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 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 If no, explain why: Project is not located within any of the NC Riparian Buffer Protection Rules watershed. However, vegetated buffers will be maintained including ground disturbance areas planted with ground cover adjacent to the project. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?'� Yes No Comments: Project is not located within any of the NC Riparian Buffer Protection Rules watershed. However, vegetated buffers will be maintained including ground disturbance areas planted with ground cover adjacent to the project. Project is being built in compliance with NCDOT standards. 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 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:' Environmental documentation is provided in the NC Minimum Criteria Determination Checklist attached in the Miscellaneous section below. 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. HE-0011 is a single and complete project to address the lack of access to accommodate future projected traffic entering and exiting the Wolfspeed Advanced Manufacturing Site. NCDOT ICE short form documentation is provided in the miscellaneous section below. 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 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPaC TE list dated May 8, 2023. (Copy attached in miscellaneous section) "Protected Species Survey Report for Proposed Access Road and US 64 Intersection Improvements for Chatham-Siler City Advanced Manufacturing Site NCDOT STIP:HE-0011" dated May 10, 2023, prepared for NCDOT Biological Services by Three Oaks Engineering (copy of report in miscellaneous section). Requested concurrence from USFWS dated May 10, 2023. Referenced Report Recommended Biological Conclusion Harperella: No Effect; Recommended Biological Conclusion Cape Fear Shiner: May Affect, Not Likely to Adversely Affect; Recommended Biological Conclusion Atlantic Pigtoe: May Affect, Not Likely to Adversely Affect. 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? Essential Fish Habitat GIS 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? * NCDOT Archaeology Group "Historic Architecture and Landscapes" report dated December 13, 2022, and "Historic Places Eligible or Listed Archaeological Sites" dated February 2, 2023. (Copies attached in miscellaneous) 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? FRIS 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 HE-0011 CAM Site (Wolfspeed) Section 7 Concurrence Request Letter 5-10-2023.pdf 1.69MB 22-10-0004NoSurveyRevised.pdf 785.73KB No NRHP Eligible or Listed Archaeological Sites Present PA 22-10-0004.pdf 12.91MB Corps Delineation Concurrence_email_02.23.2023 (002).pdf 959.92KB HE-0011_MCDC.pdf 18MB HE-001_Permit Drawings_20230607.pdf 1.57MB IPaC TE List 5 8 23.pdf 450.26KB HE-0011ICE-Short Form_Final.pdf 6.42MB File must be PDF or KMZ Comments Signature O 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: Colin Mellor Signature Coca+ Me/lw Date 6/30/2023