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HomeMy WebLinkAbout20240461 Ver 1_ePCN Application_202403251 DWR 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# * 202406738 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Mary Plummer:mary.plummer Information for Initial Review la. Name of project: Greylock Ridge Road Extension 1a. Who is the Primary Contact?* Joel Howard - NCDOT Division 10 PDEA Engineer 1b. Primary Contact Email: * jmhoward@ncdot.gov Date Submitted 3/25/2024 Nearest Body of Water UT to Fourmile Creek (Stream Index No. 11-137-9-4) Basin Catawba Water Classification Class C Site Coordinates Latitude: 35.108322 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: -80.711514 Reviewing Office* Mooresville Regional Office - (704) 663-1699 1c. Primary Contact Phone:* (704)983-4400 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: HL-0025 WBS # (?) 49490.1.1 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 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: N/A 2b. Deed book and page no.: 2c. Contact Person: NA 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 716 W Main St. Address Line 2 City Albemarle Postal / Zip Code 28001 2e. Telephone Number: (704)983-4400 2g. Email Address:* jmhoward@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (If appropriate) 1c. Nearest municipality I town: Matthews, NC 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: UT to Fourmile Creek (Stream Index No. 11-137-9-4) 3b. Water Resources Classification of nearest receiving water: Class C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. HUC-030501030105 4. Project Description and History State / Province / Region NC Country United States 2f. Fax Number: (704)982-3146 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: * Greylock Ridge Road Extension, from East John Street (SR 1009) to Tank Town Road (SR 3453). The project is included in the 2024-2033 State Transportation Improvement Program; right of way acquisition is currently underway and construction is scheduled to begin in state fiscal year 2025. A two-lane facility is planned and will include a 5' sidewalk on the north side and a 10' multiuse side path on the south side. On -street parking will be provided along certain sections of the facility. 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: 0.21 acres 4g. List the total estimated linear feet of all existing streams on the property: 0 linear ft 4h. Explain the purpose of the proposed project: * The purpose of this project is to reduce travel time and improve the circuitous traffic route for east -west travel between E. John Street and Tank Town Road, including the Sportsplex/Family Entertainment District. The project will provide service for vehicular, pedestrian, and bicycle modes of travel. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project will consist of using heavy construction equipment to clear, grade, and haul soils and road construction materials for the proposed roadway. Appropriate sediment and erosion control structures measures will be used during project construction. L 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Unknown Comments: Stream and Wetland Features delineated on 02/21/2022. 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-2022-00623 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Eric Black and Ashley Abdel-Hadi Agency/Consultant Company: Kisinger Campo & Associates Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Preliminary Jurisdictional Determination (PJD) approved on May 15, 2023. 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? The proposed project is not phased; No additional permits are anticipated. 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 n 0 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * 29• Impact (?) area * Fill P Small -Basin Wetland WC Yes Both 0(.010 (acres) acm Fill P Headwater Forest WB I Yes Both J 0.010 (acres) Fill P Headwater Forest WB Yes Both J�::::] 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0,150 2g. Total Wetland Impact 0.150 2i. Comments: The proposed wetland impacts are unavoidable due to existing topography; the alignment of an existing paved greenway has been utilized. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The location of the alignment was based on existing ROW limits to minimize areas of acquisition. Due to the presence of environmental features, the alignment was not placed further south to minimize impacts. Additionally, based on site topography, existing hydrology was maintained to limit disturbance. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction equipment will not be stored in streams and/or wetland areas; appropriate sediment and control measures will be used to minimize any further impacts to potential Waters of the US. 0 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) 0 4d. Buffer mitigation requested (DWR only): (square feet) 0 4f. Non -riparian wetland mitigation requested 0.01 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.14 4g. Coastal (tidal) wetland mitigation requested: (acres) 0 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No 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: The proposed project occurs within the Catawba River Basin; however, the Catawba River buffer protection and maintenance rules ONLY apply to the Catawba River mainstem below Lake James and along mainstem lakes from and including Lake James to the North Carolina and South Carolina border in the Catawba River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Yes No Comments: All storm water control measures will comply with NCDOT NPDES permit NC S000250 as required. 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 No Comments:* The proposed project falls below the minimum criteria for required North Carolina SEPA document. A Minimum Criteria Determination Checklist (MCDC) was prepared. 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 u 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. Per Minimum Criteria Determination Checklist (MCDC): Part B: Minimum Criteria Exceptions: The proposed project has been determined not to have secondary impacts or cumulative impacts that may result in a significant adverse impact to human health or the environment. 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? NC Natural Heritage Program Database (2/24/2022); Field Surveys for Schweinitz's sunflower, smooth coneflower and Michaux's sumac revealed no federally listed plants within the study area (September 12, 2022). NCDOT Biological Survey Group Section 7 Survey Reviews (3/24/2022 and 3/28/2022) revealed that proposed project area is outside the range of the Carolina heelsplitter and Atlantic pigtoe mussels. Additionally, the NCDOT Biological Surveys Group indicated via email October 5, 2022, the service area for NCDOT Division 10 is no longer in the Northern Long Eared Bat (NLEB) consultation range. 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 Fisheries Essential Habitat Mapper for South Atlantic; https://www.habitat.noaa.gov/apps/efhmapper/efhreporU 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? * See MCDC Document: A 11/30/2021 NCDOT review of the National Register of Historic Places (NRHP) indicated there are no existing NRHP eligible archaeological sites within the project APE. NCDOT's Architectural History Group determined no Historic Properties are affected related to Historic Architecture and Landscapes on May 18, 2023. 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 Services Map #3710448900K. 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 HL-0025_Permit Application_Supporting Data_20240322.1.pdf 47.22MB File must be PDF or KMZ Comments Additional Cultural Resources Support Information: Section 106 of the National Historic Preservation Act: Corps representative Stephen Brumagin determined the Masonic Lodge property is outside of the HL-0025 permit area (via May 15, 2023 e-mail). Therefore, no further evaluation of the Masonic Lodge property is required relative to Section 106. Coordination relative to the Masonic Lodge's designation as a local landmark (this is administered by the Charlotte -Mecklenburg Historic Landmarks Commission as authorized by state law): A Certificate of Appropriateness was issued by the Charlotte -Mecklenburg Historic Landmarks Commission on 10/10/2023; therefore, the project is in compliance with this requirement. 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: Joel M. Howard Signature ,IGEL M. or -AAA Date 3/25/2024 8