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HomeMy WebLinkAbout20201280 Ver 1_ePCN Application_20230906DWR 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: 9/24/2020 BIMS # Assigned 20201280 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: Little Texas Road and Ruth Avenue Sidewalk (EB-5844) 1a. Who is the Primary Contact?* Elizabeth Hassenfritz 1b. Primary Contact Email: * ehassenfritz@kannapolisnc.gov Date Submitted 9/6/2023 Nearest Body of Water UT to Coldwater Creek (Lake Concord)/Chambers Branch Basin Yadkin-PeeDee Water Classification WS-IV: CA Site Coordinates Latitude: Longitude: 35.4864-80.6008 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Cabarrus Is this a NCDMS Project Yes No Version#* 1 Reviewing Office * Winston-Salem Regional Office - (336) 776- 9800 1c. Primary Contact Phone: * (704)920-4000 0 V 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: EB-5844 WBS # (1) 44856.1.24 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: Various 2b. Deed book and page no.: 2c. Contact Person: Elizabeth Hassenfritz 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 401 Laureate Way Address Line 2 City Kannapolis Postal / Zip Code 28081 2e. Telephone Number: (704)920-4000 2g. Email Address:* ehassenfritz@kannapolisnc.gov 4. Agent/Consultant (if applicable) 4a. Name: Anna Reusche 4b. Business Name: TranSystems 4c.Address Street Address One Glenwood Avenue Address Line 2 city Raleigh Postal / Zip Code 27603 4d. Telephone Number: (919)816-7745 4f. Email Address:* areusche@transystems.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Kannapolis 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Little Texas Road Address Line 2 City Kannapolis Postal / Zip Code 28083 3. Surface Waters 3a. Name of the nearest body of water to proposed project: UT to Coldwater Creek (Lake Concord)/Chambers Branch 3b. Water Resources Classification of nearest receiving water: WS-IV: CA 3c. What river basins) is your project located it * Yadkin-PeeDee State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 31 State / Province / Region NC Country USA 3d. Please provide the 12-digit HUC in which the project is located. 030401050202 4. Project Description and History 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 study area consists of the right-of-way of Little Texas Road. Land use along Little Texas is primarily residential, interspersed with non -maintained, forested areas in the area of Coldwater Creek/Chambers Branch. 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: 2.8 4g. List the total estimated linear feet of all existing streams on the property: 1,216 4h. Explain the purpose of the proposed project:" The purpose of this project is to improve pedestrian safety and mobility with the addition of new sidewalk facilities as well as fill in existing gaps in a pedestrian heavy area. A pedestrian crosswalk with a pedestrian refuge island is proposed to improve safety for pedestrians crossing Little Texas Road to access Forest Park Elementary School, and a pedestrian bridge is proposed over Chambers Branch to improve pedestrian safety since the existing roadway bridge contains a shoulder which serves as the only means for pedestrian travel. The addition of ADA compliant accessibility ramps will also improve access for mobility impaired populations. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The Little Texas Road and Ruth Avenue Sidewalk project includes: • 8,800 linear feet (1.66 miles) of new 6-7 feet wide sidewalk along the east side of S.R. 2154 (Little Texas Road) from S.R. 1280 (Lane Street) to NC 3 (Dale Earnhardt Boulevard) in the City of Kannapolis, Cabarrus County, North Carolina. (The 7-ft wide section is proposed between Ontario Drive and 207 S. Little Texas Road, and Debbie St. and Lane St.) • Fill in existing sidewalk gaps on East side of Little Texas Road and Ruth Avenue Realign Ruth Ave & Little Texas Intersection • New pedestrian crosswalk with a refuge island at Forest Park Drive and Little Texas Road (for Forest Park Elementary access) New 10-ft wide pedestrian bridge over Chambers Branch Creek • New retaining wall (65-ft Long, 6-ft High) located approximately 10-feet from edge of pavement at 207 S. Little Texas Road ADA compliant ramps and curb and gutter The approximate total length of the project is 2.1 miles. Within the project study area, Little Texas Road is an undivided 2-lane minor arterial with a posted speed limit of 35 mph. The right of -way along Little Texas Road is 60 feet wide and contains some segments of sidewalk, including: • along the east side of Little Texas Road from Dale Earnhardt Boulevard to 616 S. Little Texas Road, • 287 S. Little Texas Road to just south of the existing bridge over Sandy Creek, immediately north of the existing bridge over Sandy Creek to 210 S. Little Texas Road, and • 103 S. Little Texas Road to 174 N. Little Texas Road. The project would connect these segments to complete the sidewalk network along the east side of the corridor and provide connectivity to the sidewalk along Forest Park Drive via a pedestrian crossing and refuge island, and sidewalks along Dale Earnhardt Boulevard. The proposed 10-foot wide pedestrian bridge will cross the Chambers Branch on the east side of Little Texas Road and will be constructed with pre -fabricated materials to accommodate the loads from two-way pedestrian traffic and golf carts. This bridge is proposed to have 15' minimum horizontal clearance from the existing bridge over Chambers Branch (Bridge #120230 ) for ease of maintenance, access to the existing bridge and possible future roadway bridge replacement. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No 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-2020-00260 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Robert Lepsic, PWS Agency/Consultant Company: TranSystems (Formerly SEPI) 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 3/25/2020 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 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type " 3c. Type of impact* �3�name* ��3e. Stream Type* 31`. Type of 3g. S. width 3h. Impact ❑ (?) Jurisdiction* length* S1 Bridge Excavation & Temporary Excavation UT to Coldwater Perennial Both 12�ftet) 36 Floodplain Bench Creek/Chambers Branch Avera(linear feet) Stabilization 31. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 31. Total temporary stream impacts: 0 36 31. Total stream and ditch impacts: 36 3j. Comments: No permanent impacts proposed. The project will result in temporary impacts only. Temporary impacts are anticipated from the bridge excavation and floodplain bench stabilization. E. Impact Justification and Mitigation O 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Permanent stream impacts were avoided at Chamber's Branch by using a single span greenway bridge instead of a culvert alternative. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: NCDOT will adhere to North Carolina Regulations entitled Design Standards in Sensitive Watersheds (15A NCAC 04B. 0124) throughout the design and construction of the project. Hazardous spill catch basins are also be required. Appropriate notations are made in the erosion control plans and the appropriate special provisions are included in the contract plans for construction. 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: No permanent impacts 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 NC Riparian Buffer Protection Rules? Yes No If no, explain why: Project is not in a buffered basin. 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 la. 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. The purpose of this project is to improve pedestrian safety and mobility for current residents along Little Texas Road, a pedestrian heavy area. No future development is anticipated in association with this 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 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 5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Yes No If you answered "Yes" to 5g(1), did you discover any signs of bat use? Yes No Unknown 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? US Fish and Wildlife Service, NC Natural Heritage Program, field surveys by TranSystems biologist. Structure checks performed for bats on 8/14/23 by Dominque DiLandro, permitted bat biologist. No evidence found. 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 EFH (Essential Fish Habitat Mapper). 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? NC SHPO online mapping and coordination with NC SHPO. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: A No -Rise was approved in May, 2022. 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping (Panel 3710562300K) 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 Little Texas Sidewalk - EB-5844 - Permit Support Doc.pdf 5.99MB File must be PDF or KMZ Comments Signature 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: Anna Reusche Signature Date 9/6/2023