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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