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