HomeMy WebLinkAbout20200207 Ver 2_ePCN Application_20230710DWR
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:
4/29/2022
BIMS # Assigned
20200207
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Dave Wanucha:dave.wanucha@ncdenr.gov
Information for Initial Review
la. Name of project:
TIP U-5907 Potts -Sloan Extension
1a. Who is the Primary Contact?*
Joel Howard
1b. Primary Contact Email: *
jmhoward@ncdot.gov
Date Submitted
7/10/2023
Nearest Body of Water
Lake Norman
Basin
Catawba
Water Classification
WS-IV,B;CA
Site Coordinates
Latitude:
35.499880
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
Yes No
Longitude:
-80.851898
Version#*
2
Reviewing Office *
Winston-Salem Regional Office - (336) 776-
9800
1c. Primary Contact Phone: *
(704)983-4423
a
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:
U-5907
WBS # (1)
46452.1.1
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
Please provide the date of the previous submission.
2/6/2020
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 (Linear Transportation)
2b. Deed book and page no.:
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
NA
Address Line 2
City
Albemarle
Postal / Zip Code
28001
2e. Telephone Number:
(000)000-0000
2g. Email Address:*
NA@NA.com
3. Applicant Information (if different from owner)
3a. Name:
Joel Howard
3b. Business Name:
NCDOT - Division 10
3c. Address
Street Address
716 West Main Street
Address Line 2
city
Albemarle
Postal / Zip Code
28001
3d. Telephone Number:
(704)983-4423
3f. Email Address:*
jmhoward@ncdot.gov
4. Agent/Consultant (if applicable)
4a. Name:
Chris Tinklenberg
4b. Business Name:
Kimley-Horn and Associates
4c.Address
Street Address
580 Kingsley Park Dr.
Address Line 2
Suite 125
City
Fort Mill
Postal / Zip Code
29715
4d. Telephone Number:
(803)881-3919
4f. Email Address:
Chris.tinklenberg@kimley-horn.com
C. Proiect Information and Prior Proiect History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town
Davidson
State / Province / Region
North Carolina
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
SC
Country
USA
4e. Fax Number:
2. Project Identification
2a. Property Identification Number:
2b. Property size:
17.8
2c. Project Address
Street Address
Address Line 2
City
Davidson
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Lake Norman
3b. Water Resources Classification of nearest receiving water:
WS-IV,B;CA
3c. What river basins) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011203
4. Project Description and History
State / Province / Region
NC
Country
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 project is located from Potts Street to Beaty Street in the Town of Davidson in Mecklenburg County. Land use within the project area consists of single-family residences and
commercial/retail properties. The property is bound to the west by Lake Norman and Main Street to the east. The project vicinity is comprised of high -density residential areas and
commercial/retail land.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2015-01444
NC DWR SIMS No. 20200207
4f. List the total estimated acreage of all existing wetlands on the property:
0.03
4g. List the total estimated linear feet of all existing streams on the property:
675
4h. Explain the purpose of the proposed project: *
The purpose of this project is to add an alternative route between N.C. 115 and Griffith Street for multiple modes of transportation.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project proposes to extend Potts Street north to connect with Sloan Street and construct a roundabout at the intersection of Sloan Street and Griffith Street. Equipment typical of
roadway construction would be used, including cranes, track hoes, back hoes, graders, dump trucks, bulldozers, and pavers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
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-2015-01444
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Chris Tinklenberg
Agency/Consultant Company: Kimley-Horn
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
8/11 /2015
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?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
0
2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W."
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
�2g. Impact
area
Site 1 Fill
t
Headwater Forest
WA
Yes
Both
0.030
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.030
21. Comments:
0.03 acre of permanent impacts to WA results from grading activities.
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.030
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name"
3e. Stream Type"
3f. Type of
3g. S. width
3h
F. Impact
❑
(?)
Jurisdiction*
length*
S1
Site 1 - SA
Permanent
Fill
UT to Lake Norman
Intermittent
Both
3
11
Averege (feet)
(linear feet)
S2
Site 1 - SA
Temporary
Dewatering
UT to Lake Norman
Intermittent
Both
Average (feet)
(linear feet)
S3
Site 1 - SA
Permanent
Culvert
UT to Lake Norman
Intermittent
Both
192
Average (feet)
(linear feet)
S4
Site 2 - SA
Permanent
Fill
UT to Lake Norman
Intermittent
Both
3
15
Averege (feet)
(linear feet)
SS
Site 2 - SA
Temporary
Dewatering
UT to Lake Norman
Intermittent
Both
3
10
Average (feet)
(linear feet)
S6
Site 3 - SB
Permanent
Fill
UT to Lake Norman
Perennial
Both
10
Averege (feet)
(linear feet)
g7
Site 3 - SB
Temporary
Dewatering
UT to Lake Norman
Perennial
Both
Averege (feet)
(linear feet)
S8
Site 4 - SB
Permanent
Culvert
UT to Lake Norman
Perennial
Both
Average (feet)
(linear feet)
S9
Site 4 - SB
Temporary:]
Dewatering
UT to Lake Norman
Perennial
Both
�
10
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
231
31. Total stream and ditch impacts:
263
31. Total temporary stream impacts:
32
3j. Comments:
• Impact Site 1
o Stream SA —11 linear feet (LF) of permanent impacts to SA results from rip -rap embankment protection. 7 LF of temporary impacts are necessary to
install an impervious dike and pumped diversion to perform the construction activity in dry conditions.
o Stream SA— 192 LF of permanent impacts to SA results from the installation of a 48" reinforced concrete pipe (RCP).
• Impact Site 2
o Stream SA — 15 LF of permanent impacts to SA results from rip -rap outlet protection. 10 LF of temporary impacts are necessary to install an
impervious dike and pumped diversion to perform the construction activity in dry conditions.
• Impact Site 3
Stream SIB — 10 LF of permanent impacts to SA results from rip -rap outlet
protection. 5 LF of temporary impacts are necessary to install an impervious dike and pumped diversion to perform the construction activity in dry
conditions.
• Impact Site 4
o Stream SIB — 3 LF of permanent impacts to SIB results from the extension of an existing 36" RCP. 10 LF of temporary impacts are necessary to install
an impervious dike and pumped diversion to perform the construction activity in dry conditions.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
• Impact Site 1
o The proposed storm network cannot be realigned at SA and WA for multiple reasons.
• An option was explored to realign Stream SA along the right side of the
roadway to bring SA closer to the intersection of Potts Street and Sloan
Street to reduce the amount of pipe length. However, the topography along SA is steep and realigning SA would have resulted in large amounts of cut
and fill impacts to surrounding properties. Additionally, there is a historic structure at the intersection that requires avoidance.
• Another option explored potentially daylighting the existing piped stream
on the left of Potts Street. However, the steep topography (over 10') along
SA to the left side of the roadway would result in large amounts of cut -and- fill impacts to surrounding properties. This would have required an
approximately 175' cross pipe under the roadway. Because of the extreme offset of the tie-in of the cross pipe, the outlet side would require a greater
than 90-degree turn of the stream from the pipe outlet to align with the outlet across from Sloan Street which is not a desirable option.
• Impact Site 4
o The proposed limits of disturbance (LOD) encroach into the 50' Catawba River Basin Riparian Buffer. However, per the Catawba River Basin Rule,
sidewalks are "deemed allowable in Zone 2 provided no built -upon area is added." The existing sidewalk is at a higher elevation near the proposed
roundabout and as the proposed alignment ties out, the proposed sidewalk ties into the existing sidewalk at the buffer location; therefore, no new built -
upon area will be added.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Temporary impacts have been minimized to the greatest extent practicable to meet the needs of the project and do not pose adverse alterations to the
existing streams and wetlands. Erosion control measures implemented during construction will be removed immediately following the activities and any
disturbance will be returned to
pre -construction conditions.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Project impacts do not exceed mitigation thresholds; therefore, mitigation is not proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the INC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
NCDOT project
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
O
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
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?*
Yes No
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.
No additional or cumulative impacts are anticipated due to the construction of the proposed project.
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.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A review of the North Carolina Natural Heritage Program (NCNHP) database on June 28, 2023, did not indicate known occurrences of threatened or
endangered species within the project boundary. Additionally, there is no potentially suitable habitat for threatened and endangered species on -site. A
Natural Resources Technical Report (NRTR) was prepared and submitted for this project. Biological conclusions of "No Effect" were rendered for all
listed botanical species potentially occurring within the project watershed.
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?
NCNHP element occurrence database did not indicate the presence of EFH within the project boundary.
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?"
The extension of Potts Street was determined to have a "Conditional No Adverse Effect" on the Davidson Historic District (NRHP). Additionally, the
proposed roundabout at the intersection of Griffith Street and Sloan Street would have an "Adverse Effect" on a structure to the Davidson Historic
District. See the attached signed Memorandum of Agreement (MOA).
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?
The FEMA Digital Flood Insurance Rate Map (DFIRM) Panel 3710464400K (effective March 2, 2009).
Miscellaneous U
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
_20230710_U-5907 Potts Sloan Extension_PCN.pdf 22.26MB
File must be PDF or KMZ
Comments
Signature 6
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:
Joel M. Howard
Signature
Teti M. #OWA a
Date
7/10/2023