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HomeMy WebLinkAbout20241224 Ver 1_ePCN Application_20240913DW 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. 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# * 20241224 1 Is a payment required for this project?* No payment required Fee received Reviewing Office* Fee needed - send electronic notification Mooresville Regional Office - (704) 663-1699 Select Project Reviewer* Mary Plummer:mary.plummer Information for Initial Review 1a. Name of project: Intersection Improvements to SR 2025 (Miranda Road & Oakdale Road), SR 2108 (Sunset Road), SR 2040 (Lawing Road) and SR 2041 (Simpson Road) (TIP W-5710X) 1a. Who is the Primary Contact?* Joel Howard, NCDOT- Division 10 1b. Primary Contact Email: * 1c. Primary Contact Phone:* jmhoward@ncdot.gov (704)983-4423 Date Submitted 9/13/2024 Nearest Body of Water Gutter Branch Basin Catawba Water Classification Ws -IV Site Coordinates Latitude: Longitude: 35.323-80.9022 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 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: W-571OX WBS # (?) 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: NCDOT 2b. Deed book and page no.: 2c. Contact Person: Joel Howard. NCDOT- Division 10 401 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)983-4423 2g. Email Address:* jmhoward@ncdot.gov 4. Agent/Consultant (if applicable) 4a. Name: Anna Reusche 4b. Business Name: TranSystems 4c.Address Street Address One Glenwood Avenue Address Line 2 Suite 600 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: Charlotte 7 Prniarf Irlanfifir-afinn State / Province / Region NC Country USA 2f. Fax Number State / Province / Region NC Country USA 4e. Fax Number 2a. Property Identification Number: 2b. Property size: 38.4 2c. Project Address Street Address Miranda Road and Oakdale Road Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28216 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Gutter Branch 3b. Water Resources Classification of nearest receiving water: WS-Iv 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011403 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: Land use in the immediate vicinity of the proposed intersection improvements primarily consists of commercial development interspersed with undeveloped forested areas. Areas further surrounding the project are residential and commerical. 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: 0.02 4g. List the total estimated linear feet of all existing streams on the property: 615 4h. Explain the purpose of the proposed project:" The primary purpose of the proposed project is to improve safety and traffic operations, as the offset intersections contain many conflict points that increase the risk of vehicle collisions and steep/narrow shoulders that limit safe pedestrian use of the area. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed pair of single -lane roundabouts will include curb and gutter as well as a sidewalk along the northern side of both roundabouts from Sunset Road (S.R. 2108) to Miranda Road (S.R. 2025) with eight (8) pedestrian crosswalks in total. The shoulders along other portions of the roundabouts will be built wide enough to accommodate future sidewalks. A driveway extension is proposed for the Oakdale Post Office along Sunset Road and a driveway at 1827 Lawing Road will be required to be relocated with driveway/street access along Simpson Road. All roads are currently 2-lane with shoulders/ditches. No access control exists in the current vicinity and access control is not included in project designs. Typical equipment used for roadway construction will be utilized including track hoes, bulldozers and dump trucks. 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-2019-00060 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Robert Lepsic Agency/Consultant Company: TranSystems (Formerly SEPI) Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE - 1/30/2019 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 Roadway Fill L Bottomland Hardwood Forest WA Yes Both 0.010 acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.010 2g. Total Wetland Impact 0.010 2i. Comments: Roadway fill/channel relocation 3. Stream Impacts ❑ 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* length* S1 Channel Relocation/Bank Permanent Bank Stabilization UT to Gutter Branch Intermittent Both 61 Stabilization Average (feet) (linear feet) S2 Channel Relocation/Bank Temporary Bank Stabilization UT to Gutter Branch Intermittent Both 197 Stabilization Aveage (feet) (linear feet) S3 Roadway Fill Permanent Fill UT to Gutter Branch Intermittent Both 4 161 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 222 3i. Total stream and ditch impacts: 419 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 197 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: NCDOT requested a detailed delineation of streams and wetlands within the proposed project boundaries prior to finalizing the plan to ensure the limitation of impacts of the natural environment. following the delineation, the proposed grading and disturbance limits were shifted in places to minimize impacts to the wetlands and streams. Wetland impacts have been minimized by steepening fill slopes and elongating erosion control basins where appropriate. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Implementation of NCDOT's Best Management Practices for the Protection of Surface Waters (BMPs) will minimize impacts to water resources during the preconstruction, construction, maintenance, and repair situations. All project construction activities initiated within jurisdictional streams will be carried to completion in an expeditious manner to minimize the period of disturbance within the jurisdictional streams. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. Erosion control devices shall be installed immediately following the clearing operation. 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): D W R 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) 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.02 Q 4f. Non -riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments 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 project is located 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: See NCDOT Stormwater Management Plan attached. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) 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 primary purpose of the project to improve safety and traffic operations at the existing intersection. No new development is anticipated to occur as a result of the 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 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? USFWS IPaC, NC NHP and protected species surveys 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? https: //www.fish eries. noaa. gov/resource/map/essenti a I -fish -habitat -map per 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? * A conclusion of No Archaeological Survey Required was reached by NCDOT's Archaeology Group based on a review of HPO maps and GIS data, historical maps, soil maps and topography for the project study area. NCDOT's Historic Architecture and Landscapes Group found a conclusion of No Survey Required based on review of HPO quad maps, relevant background reports, historic designation roster and indexes of properties within the project study area. 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 Floodmaps Panel No. 3710453700K 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 W-5710X_Catawba Tribal Coordination —Concurrence Letter(2_27_24).pdf 283.59KB W-5710X_Cherokee Tribal Coordination Letter (Signed 1_25_2024).pdf 7.43MB 24-260_Intrsctn Imprvt W-5710X Informal_ MecklenburgCoUSFWS.pdf 139.91 KB W-5710X_SA_NCSAM_REV08-30-2024.pdf 193.06KB C-5613L NRTR.pdf 1.42MB W-5710X_Permit Support Doc.pdf 27.38MB 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: Joel M. Howard 8 Signature ,77ft A NOWA#P Date 9/13/2024