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HomeMy WebLinkAbout20231434 Ver 1_ePCN Application_20231019DW R Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 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: 4/24/2023 Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned * 20231434 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Michael Meilinger:Michael.Meilinger Information for Initial Review 1a. Name of project: COURTESY COPY George Street Extension 1a. Who is the Primary Contact?* Rick Trone 1b. Primary Contact Email: * rtrone@withersravenel.com Date Submitted 10/19/2023 Nearest Body of Water Town Creek Basin White Oak Water Classification SC Site Coordinates Latitude: 34.722562 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Carteret Longitude: -76.645233 Version#* 1 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone: * (919)538-8184 O Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 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 401 Water Quality Certification - Express Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 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) 1e. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Town of Beaufort 2b. Deed book and page no.: N/A 2c. Contact Person: E. Todd Clark O 2d. Address Street Address 701 Front Street Address Line 2 City Beaufort Postal / Zip Code 28516 2e. Telephone Number: (252)528-8768 2g. Email Address:" t.clark@beaufortnc.org 4. Agent/Consultant (if applicable) 4a. Name: Rick Trone 4b. Business Name: WithersRavenel 4c.Address Street Address 115 MacKenan Drive Address Line 2 city Cary Postal / Zip Code 27511 4d. Telephone Number: (919)538-8184 4f. Email Address:" rtrone@withersravenel.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Beaufort, NC 2. Project Identification 2a. Property Identification Number: NA 2c. Project Address Street Address 303 George Street Address Line 2 City Beaufort Postal / Zip Code 28516 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Town Creek 3b. Water Resources Classification of nearest receiving water:" SC 3c. What river basins) is your project located it White Oak State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 0.07 State / Province / Region NC Country USA 3d. Please provide the 12-digit HUC in which the project is located. 030203010503 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: This project is located in an urban area within town limits of Beaufort and consists of a narrow strip of wooded vegetation with one jurisdictional ditch. General land use in the vicinity of the project is residential. 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) 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:' The purpose of the proposed project is to construct an extension of George Street to make it a fully functional road by providing a connection from Live Oak Street to Pine View Boulevard. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" The purpose of the proposed project is to construct the extension of George Street to make it a fully functional road by providing a connection from Live Oak Street to the recently constructed Pine View Boulevard. The project consists of the construction of a ±85 If section of road which will provide the connection between the eastern terminus of the existing George Street and the portion of George Street being constructed as part of the Beaufort East Village project (AID: SAW-2016-00147) which will extend to Pine View Boulevard. Once the connection is complete, George Street will provide alternate access to Live Oak Street. The extension of George Street will alleviate traffic in several intersections along Live Oak Street including 3rd Street and Fairview Drive intersections. This alternate access to Live Oak Street will allow southbound and northbound travelers to avoid the intersections at Live Oak Street and 3rd Street, and Fairview Drive, thereby reducing traffic volume at these already congested intersections. The proposed road will extend through an existing jurisdictional ditch. An existing 36-inch RCP culvert will be replaced by two 30-inch RCP culverts within the road which will provide a hydrologic connection and convey flow and aquatic life passage between the jurisdictional ditch on both sides of the road. The culverts will be installed a minimum of 20 % of the culvert diameter below the substrate to ensure continued flow during periods of low water levels and provide aquatic life passage. Headwalls will be constructed on both ends of the culvert to stabilize fill and minimize impacts. Rip -rap will be installed at each end of the culvert in order to dissipate energy and prevent erosion within the jurisdictional ditch. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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-2016-00147 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Davey Resource Group Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Davey Resource Group, Inc completed a wetland delineation for the Beaufort East Village project which encompasses the George Street Extension project area. A combined Preliminary Jurisdictional Determination/Approved Jurisdictional Determination letter from the USACE was issued on 9/9/2022 (SAW-2016-00147). A copy of the USACE combined Preliminary Jurisdictional Determination/Approved Jurisdictional Determination letter has been provided as an attachment. 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? N/A 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 E ] 3a. Reason for impact (') 3b.lmpact type" 3c. Type of impact* ffi. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Road Crossing Permanent Culvert Ditch 1 ::Ttt] Corps Averege (feet) 33 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 132 31. Total permanent stream impacts: 33 31. Total stream and ditch impacts: 33 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 0 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Prior to site plan design, a detailed site delineation was conducted by Davey Resource Group, Inc so that impacts to resources could be minimized Impacts have been minimized to only those necessary for a road crossing to access Pine View Boulevard and the Beaufort East Village east of the project. The road crossing has been designed to cross the jurisdictional ditch at a perpendicular angle at a straight segment of the jurisdictional ditch. Additionally, head walls will be used to stabilize road fill rather than traditional backslopes. The proposed culvert will be placed where an existing culvert is located, minimizing new impacts. Riprap will be installed at each end of the road culvert will be constructed such that the riprap will be installed by burying the riprap such that the top of the riprap matches the pre -construction contours of the natural jurisdictional ditch bed, allowing for the passage of aquatic life and preventing a loss of function of this section of jurisdictional ditch. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction activities and construction access occurring in high ground. 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: There are no proposed impacts to streams or wetlands exceeding the mitigation thresholds. 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 located in the White Oak River Basin, a non -buffered basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: Project disturbs less than one acre and does not require a stormwater management plan. G. Supplementary Information Q V O Q 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 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 project will not result in future development that could impact downstream water quality. 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 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? WR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/ to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any occurrences of federally listed threatened or endangered species or critical habitat on the subject property, however it did identify an occurrence of Atlantic sturgeon and USFWS critical habitat for the piping plover within 1.0 miles of the project, see attached NCNHP project review letter dated 10/10/2023. There isn't any potential habitat for any federally protected species known to occur in Carteret County. WR reviewed the USFWS IPAC data, located at: https://ecos.fws.gov/ipac/, to identify the federally listed species and critical habitat known to occur within the vicinity of the project. The IPaC identified that northern long-eared bat, tricolored bat, West Indian manatee, eastern black rail, piping plover, RCW, American alligator, green sea turtle, Kemp's ridley sea turtle, leatherback sea turtle, loggerhead sea turtle, and rough -leaved Ioosestrife have ranges that extend into the project area. The IPaC specified that there are no critical habitats within the project area. The IPaC species list has been provided as an attachment to this application. During construction, sediment and erosion control measures will be installed prior to construction which will prevent sediment from escaping and causing potential turbidity issues within offsite features that could affect potential habitat for federally listed marine species (sea turtles and West Indian manatee). No habitat exists within the project area for West Indian manatee, RCW, rough -leaved Ioosestrife, American alligator, or sea turtles. Therefore, WR concludes that the proposed activities are not likely to adversely affect these federally listed species. Additionally, there is no potential habitat for piping plover and black rail, as these species occur on beaches, barrier islands or dense vegetative cover in marsh habitats in the case of the black rail. No tidal marshes, wetlands, or streams are located within the site. There will not be any tree clearing activities and therefore, WR concludes that the proposed activities are not likely to adversely affect federally listed NLEB. At the time of the site delineation, the tricolored bat was not listed by the USFWS for protection under the ESA. The USFWS proposed to list the tricolored bat as an endangered species under the Endangered Species Act on September 13, 2022, largely because of white -nose syndrome, a disease that affects cave -dwelling bats and is decimating hibernating bat species. There has been no critical habitat designated for the tricolored bat at this time. Based on the review of the NCNHP GIS data there are no known occurrences of the tricolored bat within 1.0 miles of the review area. The onsite forested areas are considered potential habitat due to the presence of mature trees. Targeted surveys for tricolored bats have not been conducted. Construction of the road crossing will not require tree clearing necessary to construct the project. There are no known maternity roosts for tricolored bat within 0.25 miles of the review area, as well as no known occurrences within 1.0 miles. Therefore, WR concludes that the proposed activities are not likely to adversely affect the tricolored bat. Based on the lack of suitable habitat, and the lack of known occurrences, WR concludes that this project will not likely adversely affect any federally listed threatened or endangered species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No Are there submerged aquatic vegetation (SAV) around the project vicinity?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * Unknown WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html. The EFH mapper classifies the summer flounder, bluefish, windowpane flounder, clearnose skate, Atlantic butterfish, located across the area of the proposed project, as Essential Fish Habitat. However, the project will not result in adverse impacts to Essential Fish Habitat as proposed impacts are within a small jurisdictional ditch. Sediment and erosion control measures will be utilized to prevent sedimentation of downstream waters and the work will be completed in the dry. 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? * WR reviewed the NC State Historic Preservation Offlce's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the vicinity of the proposed project. 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? FEMA flood maps. Miscellaneous n 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 George Street Extension_ Cover Letter and Attachments_Final.pdf File must be PDF or KMZ Comments Please see included Cover Letter and Attachments. 8.87MB Signature 0 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: Rick Trone Signature AW Thlu Date 10/19/2023