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HomeMy WebLinkAbout20240303 Ver 1_ePCN Application_20240223DWR 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. 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 Version# * 20240303 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Rob Ridings: rob. ridings Information for Initial Review la. Name of project: Roadway improvments and upgrades NC 115 (Statesville Rd) from US 421 to NC 18 1a. Who is the Primary Contact?* Kevin Hining NCDOT 1b. Primary Contact Email: * kjhining@ncdot.gov Date Submitted 2/23/2024 Nearest Body of Water Yadkin River and Fishing Creek (both are Class C) Basin Yadkin-PeeDee Water Classification Class C Site Coordinates Latitude: Longitude: 36.155431-81.116546 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wilkes Is this a NCDMS Project Yes No Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (828)386-7202 O 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: R-5759 WBS # (?) 44691.1.1 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 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 Regional General Permit (RGP) Number: RGP Numbers (for multiple RGPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 201902350 - Work associated with bridge construction, widening, replacement, and interchanges 1e. 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: Kevin Hining 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 801 Statesville Rd Address Line 2 city North Wilkesboro Postal / Zip Code 28659 2e. Telephone Number: (828)386-7202 2g. Email Address:* kjhining@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (If appropriate) 1c. Nearest municipality I town: North Wilkesboro 2. Project Identification 2a. Property Identification Number 2c. Project Address Street Address Address Line 2 city Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Yadkin River and Fishing Creek (both are Class C) 3b. Water Resources Classification of nearest receiving water: Class C 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. 030401010307 and 030401010401 4. Project Description and History State / Province / Region NC Country USA 2f. Fax Number: 2b. Property size: State / Province / Region 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: * A fairly even mix of commercial (gas stations, restaurants, grocery store, etc.) and residential properties. Largely Urban in nature, but surrounded by larger blocks of woodlands and fields. 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: 0.5 acres 4g. List the total estimated linear feet of all existing streams on the property: 4500 4h. Explain the purpose of the proposed project: * The North Carolina Department of Transportation (NCDOT) is proposing to upgrade the existing NC 115 (Statesville Road) from US 421 to NC 18 (2nd Street) in North Wilkesboro, Wilkes County. The project is approximately 3 miles in length. The project proposes to construct a median -divided roadway, maintaining the two existing lanes of traffic and adding protected left turns lanes, 4-foot bike lanes, and a 5-foot sidewalk along the south side of the facility within the North Wilkesboro municipal limits. The project needs are to improve the alignment of intersections, improve sight distances, address traffic queuing at C.C. Wright Elementary School during drop-off and pickup, and provide shoulders to allow stalled vehicles to safely pull over. Some intersections will be upgraded to roundabouts to improve traffic flow. In some areas, a 16-foot left turn lane will be provided. The proposed improvements include 4-foot bike lanes. The proposed improvements vary along NC 115, depending on roadway segment. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project involves upgrading an existing 3-mile section of HWY 115. This work will require some impacts to streams and wetlands, primarily as a result of widening the roadway and improving turning lanes. Standard road building equipment will be used including trucks, cranes, excavators, bulldozers, and track loaders. 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-2019-01602 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nathan Howell Agency/Consultant Company: Three Oaks Engineering Other: H.Slaughter and K.Hining NCDOT 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE - 8/28/2019 NCDWR - 8/14/2019 A review in fall 2021 showed no changes 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 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 2g. Impact area mechanized clearing P Bottomland Hardwood Forest WB Yes Both _] 0.010 (acres) mechanized clearing P Bottomland Hardwood Forest WE No Both 0 (acm (acres) F77] roadway fill P Ftomland Hardwood Forest WE No Both 0.010 acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.040 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.040 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 (?) Jurisdiction* i length* S1 bank stabilization Permanent Bank Stabilization JSB Perennial Both 18 77 Average (feet) (linear feet) S2 bank stabilization Temporary Dewatering SB Perennial Both 18 40 Averege (feet) (linear feet) S3 pipe replacement Permanent Culvert SB Perennial Both 18 44 Averege (feet) (linear feet) S4 channel change Permanent Relocation SA Perennial Both 6 92 Average (feet) (linear feet) S5 channel change Temporary Dewatering SA Perennial Both 11 Averege (feet) (linear feet) S6 pipe replacement Permanent Culvert SA Perennial Both 44 Average (feet) (linear feet) S7 scour protection Permanent Rip Rap Fill SA Perennial Both 15 Average (feet) (linear feet) gg pipe replacement Temporary Dewatering SA Perennial Both Averege (feet) (linear feet) S9 pipe replacement Permanent Culvert SH Perennial Both 35 Average (feet) (linear feet) �01 pipe replacement Temporary Dewatering SH Perennial Both 16 Average (feet) (linear feet) I pipe replacement Permanent Culvert SG Perennial Both 12 157 Averege (feet) (linear feet) �2�pipe replacement Temporary Dewatering SG Perennial Both 12 66 Average (feet) (linear feet) S13 channel change Permanent —] Relocation SG Perennial Both 12 114 Averege (feet) (linear feet) S14 scour protection Permanent Rip Rap Fill SG Perennial Both 12 21 Average (feet) (linear feet) Sf5 channelchange Temporary Dewatering SG Perennial Both 12 13 Average (feel) (linear feet) S15 pipe replacement Temporary Dewatering SG Perennial Both 12 29 Averege (feet) (linear feet) Sf7 pipe replacement Permanent Culvert SG Perennial Both 12 5 Average (feet) (linear feet) F8]�bank stabilization Permanent Bank Stabilization J SG Perennial Both 12 11 Averege (feet) (linear feet) S19 pipe replacement Temporary Dewatering SG Perennial Both 12 26 Average (feet) (linear feet) �01 scour protection Permanent Rip Rap Fill SF Perennial Both 10 Average (feet) (linear feet) fftt: Temporary::] Dewatering SF Perennial Both � 10 Averege (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 625 3i. Total stream and ditch impacts: 845 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 220 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: All pipe extensions, channel changes, and proposed scour protection have been designed to have as little surface water impacts as possible. All work will be done in the dry, and no direct discharge of sediment into jurisdictional resources. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All Best Management Practices will be adhered to. 0 u 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4c. If using stream mitigation, what is the stream temperature: cool 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) N/A 4h. Comments A mitigation acceptance letter will be obtained from NCDMS prior to permitting. I delayed getting the letter to ensure the correct amount of mitigation was obtained (determined by USACE). I provided an initial estimate of mitigation needs in the PCN summary letter F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No Comments: NPDES inspections and reports will be conducted weekly and within 24 hours of any 1" rain event. Reports will be housed on site for review. 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 Comments: * A MCDC is attached, but a Environmental document (EIS/EA) was not required 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 a (A-) 3b. If you answered "no," provide a short narrative description. 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 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? IPaC and NHP 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? NOAA 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?" NCDOT Cultural Resources Team 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?" FRIS 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 dreg and drop files here to attach document R-5759 PCN Support package.pdf 57.63MB File must be PDF or KMZ Comments PCN Support package attached, which includes the following: Summary Letter Permit drawings Sec 106 reviews Tribal Coordination MCDC NRTR Bat Memo Signed PJD 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: Kevin Hiring Signature �tr �.rur9 Date 2/23/2024