HomeMy WebLinkAbout20200555 Ver 2_ePCN Application_20230825DWR
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
20200555
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:
U-5808 (Chestnut Lane Connector
1a. Who is the Primary Contact?*
Joel M. Howard
1b. Primary Contact Email: *
jmhoward@ncdot.gov
Date Submitted
8/25/2023
Nearest Body of Water
South Fork Crooked Creek
Basin
Yadkin-PeeDee
Water Classification
Class C (BIMS index 13-17-20-2)
Site Coordinates
Latitude:
35.082495
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Union
Is this a NCDMS Project
Yes No
Longitude:
-80.670249
Version#*
2
Reviewing Office *
Winston-Salem Regional Office - (336) 776-
9800
1c. Primary Contact Phone: *
(910)995-5836
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-5808
WBS # (1)
44381.1.1
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.
2/18/2019
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:
Brett Canipe
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
716 West Main Street
Address Line 2
City
Albemarle
Postal / Zip Code
28001
2e. Telephone Number:
(704)983-4400
2g. Email Address:*
bdcanipe@ncdot.gov
C. Project Information and Prior Project History
1. Proiect Information
1b. Subdivision name:
(if appropriate)
Linear Transportation Easement/ROW
1c. Nearest municipality / town:
Indian Trail
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
Chestnut Lane Parkway/Gribble Road
Address Line 2
City
Indian Trail
Postal / Zip Code
28079
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
South Fork Crooked Creek
3b. Water Resources Classification of nearest receiving water:
Class C (BIMS index 13-17-20-2)
3c. What river basin(s) is your project located in?
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050702
4. Project Description and History
State / Province / Region
NC
Country
USA
2f. Fax Number:
2b. Property size:
State / Province / Region
NC
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 study area lies in the piedmont physiographic region of North Carolina. Topography in the project vicinity is comprised of low broad hills with narrow, level floodplains along streams.
Elevations in the study area range from approximately 665 to 720 feet above sea level. Land use in the project vicinity consists primarily of agricultural fields interspersed with
forestland, residential areas, and commercial development.
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).
NCDWR Project No. 20200555v.1
4f. List the total estimated acreage of all existing wetlands on the property:
200.5 ac
4g. List the total estimated linear feet of all existing streams on the property:
200'
4h. Explain the purpose of the proposed project:*
Project Description:
More than 10 years ago, the NCDOT developed a concept for a new location roadway to connect U.S. 74 (Independence Boulevard) to SR 1009 (Old Monroe Road) near the Town of
Indian Trail. This new location road, the Chestnut Lane Connector, was anticipated to relieve traffic congestion and improve connectivity within and around the Town of Indian Trail.
Section 1 was funded by the Town of Indian Trail and is currently open to traffic, Section 2 (U-5808) is funded by NCDOT. Both projects have independent utility and logical termini and are
under the Individual Permit thresholds.
Section 1 or the northernmost portion of the Chestnut Lane Connector (Chestnut Parkway) was constructed by the Town of Indian Trail, opened to traffic in 2014, and is maintained by the
Town of Indian Trail. This section, between Independence Boulevard and SR 1367 (Matthews Indian Trail Road), is currently a four -lane median divided roadway with on -street
parking near Carolina Courts and a posted speed limit of 25 mph.
Section 2 is the proposed NCDOT STIP Project U-5808, which would extend SR 1362 (Chestnut Lane Connector) from Matthews Indian Trail Road to SR 1368 (Gribble Road) for
approximately half a mile and would include a grade -separated crossing over an active CSX rail line, as well as sidewalks along both sides of the roadway. There will be a traffic signal at
the intersection with Matthews Indian Trail Road and a single -lane roundabout with turn lanes at the intersection with Gribble Road.
Purpose of Project:
The purpose of the project is to add an alternative route between Independence Boulevard and Old Monroe Road. Specifically, Section 2 will construct a grade -separated roadway
crossing over the active CSX rail line. A secondary purpose of the project consists of alleviating traffic congestion on Indian Trail Road and improving mobility within the Town of Indian
Trail.
Need for Project:
There is an existing at -grade crossing of the CSX rail line along Indian Trail Road and there are no grade separations of the CSX rail line within the Town of Indian Trail. A grade separated
crossing of the CSX rail line by the proposed Chestnut Lane Connector would provide opportunities for improved response times for police, fire, and emergency medical service providers.
The proposed Chestnut Lane Connector is forecasted to have approximately 16,200 vehicles per day (vpd) to 24,500 vpd in the design year 2040 and is forecasted to reduce traffic
volumes along Indian Trail Road.
Crash data was obtained for Independence Boulevard from Chestnut Parkway to Indian Trail Road, for Indian Trail Road from Independence Boulevard from to Old Monroe Road, and for
Gribble Road at Indian Trail Road. The NCDOT crash summary memorandum and 5-year strip analysis for all three corridors indicates the following:
The overall crash rate along Independence Boulevard, as well as the nonfatal injury, wet and night crash rates all exceed the critical crash rate.
All crash rates, except for the fatal crash rate, for the Indian Trail Road corridor exceed the critical crash rates for urban secondary routes.
The overall crash rate for Gribble Road also exceeds the critical crash rate for urban secondary routes. The non -fatal injury and wet crash rates for Gribble Road exceed the critical crash
rate as well.
The predominant crash types within the study area were, in order: rear ends, left -turns, and sideswipe collisions.
The addition of a superstreet configuration to the Independence Boulevard corridor (STIP Project No. W-5520) should help reduce crashes, by lowering the amount of conflict points at
intersections along the roadway. Two intersections along Indian Trail Road (Unionville Indian Trail Road) and Gribble Road also see a higher amount of crashes, more specifically rear end
crashes. Ultimately, the proposed Chestnut Lane Connector, proposed signalized U-turn for westbound Independence Boulevard traffic to access Chestnut Parkway and proposed reverse
superstreet configuration at the Independence Boulevard and Chestnut Parkway intersection (STIP Project U-5808) will help provide an alternative and direct route between Independence
Boulevard and Old Monroe Road and improve the overall traffic operations and traffic safety in and around the Town of Indian Trail.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Project proposes to extend SR 1362 (Chestnut Lane Connector) from Matthews Indian Trail Road to SR 1368 (Gribble Road) for approximately half a mile and would include a grade
separated crossing over an active CSX rail line, as well as sidewalks along both sides of the roadway. There will be a traffic signal at the intersection with Matthews Indian Trail Road and a
single -lane roundabout with turn lanes at the intersection with Gribble Road.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
A PJD was submitted to the USACE 2/18/2019
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Action Id. SAW No. 2019-00429
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Carolina Ecosystems INC
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
4/24/2019
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?
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
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
Pipe (72")
P
Headwater Forest
WD
Yes
Both
0.050
(acres)
2A
Bank Stabilization
P
Headwater Forest
WID
Yes
Both
0.010
(acres)
Mechanized Clearing
T
Headwater Forest
WD
Yes
Both
0.021
(acres)
2B
Fill (Water Line)
P
Headwater Forest
WD
Yes
Both
0.030
(acres)
2B
Mechanized Clearing
T
Headwater Forest
WD
Yes
Both
0.020
(acres)
2g. Total Temporary Wetland Impact
0.041
2g. Total Wetland Impact
0.131
21. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.090
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
F
?)
Jurisdiction*
length*
S1
Water Line
Temporary
Dewatering
S1
Intermittent
Both
2
22
Average (feet)
(linear feet)
S2
Fill 72 inch RCP
( )
Permanent
Culvert
S1
Intermittent
Both
2
165
Aveage (feet)
(linear feet)
S3
Bank Stabilization
Permanent
Bank Stabilization J
S1
Intermittent
Both
20
Average (feet)
(linear feet)
S4
Bank Stabilization
Temporary
Bank Stabilization J
S1
Intermittent
Both
10
Average (feel)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
185
31. Total stream and ditch impacts:
217
3i. Total temporary stream impacts:
32
3j. Comments:
There will be .008 acres of intermittent stream loss associated with the construction of this project.
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:
Impacts to streams within the project area have been avoided and minimized to the extent practical through design. There are three wetland areas within
the project limits but only one wetland will be impacted by this project. There is an intermittent jurisdictional stream that is impacted by the
proposed roadway. The wetland and stream are directly adjacent to the existing interchange that this new location roadway must tie into.
Q
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to streams within the corridor will be avoided and minimized to the extent practical throughout the construction process. To avoid unnecessary
impacts to streams within the project area, staging, storage, and construction access will occur in upland areas where feasible. Silt fencing will be
installed along the construction limits to ensure all equipment and work stays within the permitted boundaries. Stormwater and erosion control measures
will be utilized to avoid sedimentation impacts to downstream waters and control 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 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:
Under the new Nationwide 14 permit, impacts for this project are below the threshold for mitigation.
However, when U-5808 was originally permitted mitigation was required, please see the attached DMS Mitigation Acceptance Letter from the original application.
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 NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
This project does not include or is not adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
Comments:
The project plans to maintain existing drainage patterns to the maximum extent practical. The proposed drainage
systems were designed and sized with future development taken into account and the following items were incorporated
to minimize water quality impacts: the alignment was designed to minimize wetland and stream crossing impacts, 2:1
slopes are going to be utilized to reduce structure length, grassed swales will be implemented to the maximum extent
practical, and open channel designs with riprap on the banks will be implemented where practical to reduce jurisdictional
stream impacts.
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 r No
Comments: *
This project was reviewed under the Minimum Criteria Checklist and the SEPA process. Please see the attached MCDC.
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.
Project is designed for connectivity and create a safer route for local commuters. 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
O
n
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
5d. Is another Federal agency involved?*
Yes No
What Federal Agency is involved?
USACE
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
Unknown
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?
https://ipac.ecosphere.fws.gov/
NRTR (attached) included physical surveys for threatened and endangered species. Fresh water mussel survey attached.
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?
The NOAA Essential Fish Habitat Mapper did not identified any essential fish habitat in the
study area.
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 North Carolina State Historic Preservation Office HPOWEB GIS Service shows no National Register or Nation Register Study List sites within the
project study area. NCDOT Cultural Resources Unit was consulted for historical architecture and archaeological reviews. No survey letters from both
reviews are attached.
8. Flood Zone Designation (Corps Requirement)
Be. 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?
FEMA Floodplain Map search (https://msc.fema.gov/portal/search)
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
Permit Package.pdf 32.18MB
File must be PDF or KMZ
Comments
Public meetings were held and a Community Impact Assessment was performed for this project. The short form CIA is attached as well as a traffic forecast.
Project development and environmental analysis has been conducted by several entities for U-5808. If there is information that is needed that has not been included with this submittal,
please feel free to make a request.
Signature
*
By checking the box and signing below, I certify that:
8
• 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
J-14.At hlIFW #P
Date
8/25/2023