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HomeMy WebLinkAbout20190241 Ver 1_PCN Form Submission_20190225D1�VR �irlslan af Water Resources Pre-Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* F Yes C' No Is this project a public transportation project?" � Yes r No Change only rf needed. BIMS # Assigned * 20190241 Is a payment required for this project?* f No paymentrequired � Fee received f Fee needed - send electronic notification Select Project Reviewer" Rob Ridings:eads\rgridings Information for Initial Review 1a. Name of project: Replacement of pipe structure on SR 1113 (Pope Road) carrying UT to New Hope Creek 1a. Who is the PrimaryContact?* Heather Montague 1b. PrimaryContact Email:* hwmontague@ncdot.gov Date Submitted 2/25/2019 Nearest Body of Water UT to New Hope Creek Basin Cape Fear Water Classification 16-41-1-(11.5) WS-IV; NSW Site Coordinates Latitude: Longitude: 35.9393 -78.9965 A. Processing Information County (or Counties) where the project is located: Durham Is this project a public transportation project?* r Yes r No Is this a NCDOT Project?* G Yes r No (NCDOT only) T.I.P. or state project number: WBS # (�) 5B.203214.4 1a. Type(s) of approval sought from the Corps: Ve rsion# * 1 Reviewing Office * Central Office - (919) 707-9000 1c. PrimaryContact Phone:* (919)220-4630 :: rJ Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? fJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified bythe Corps? F Yes r No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular r' Non-404 Jurisdictional General Permit r Individual Permit 1e. Is this notification solelyfor the record because written approval is not required? Forthe record onlyfor DWR401 Certification: For the record onlyfor Corps Permit: r 401 Water Quality Certification - E�ress rJ Riparian Buffer Authorization 1f. Is this an after-the-fact permit application?* � Yes r No 1g. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? F Yes r No 1g. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? � Yes r No Acceptance LetterAttachment SR 1113 DMS acceptance.pdf 1h. Is the project located in any of NC's twenty coastal counties? C' Yes r No 1j. Is the project located in a designated trout watershed? � Yes r No B. Applicant Information 1d. Who is applying for the permit? rJ Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? � Yes r No 2. Owner Information 2a. Name(s) on recorded deed: 2612 North Duke Street 2b. Deed book and page no.: 2c. Responsible party: 2d. Address Street Address 2612 North Duke Street Address Line 2 �Y Durham Fbstal / Zip Code 27704 2e. Telephone Number: (919)220-4630 S[ate / FYovince I Region NC Cauntry USA 2f. Fax Number: 80.24KB x C' Yes R No C' Yes G No �, 2g. Email Address:* hwmontague@ncdot.gov C. Project Information and Prior Project History " 1. Project Information 1b. Subdivision name: (rf appropriate) 1c. Nearest municipality/town: Durham 2. Project Identification 2a. Propertyldentification Number: Clark Lake Estate: 0709-01-07-4041. Lyndon Bowen: 0709-01-16-1781, Pope's Crossing HOA: 0709-01-16-2853; David Tapp:0709- 01-16-1956 2c. Project Address Street Address 4207 Pope Road Address Line 2 �Y Durham Postal / Zip Code 27707 3. SurFace Waters 3a. Name of the nearest body of water to proposed project:" UT to New Hope Creek 3b. Water Resources Classification of nearest receiving water:* 16-41-1-(11.5) WS-IV; NSW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020604 4. Project Description and History 2b. Property size: 0.41 S[ate / FYovince I Region NC Cauntry USA 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:* Pipe structure has deteriorated and is non-functional. Stream along toe of slope is compromising the roadway. The land use surrounding the pipe is residential and �naoded areas. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* C' Yes r No C' Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) SR 1113 topo.pdf 274MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) SR1113 soils.pdf 37MB 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: 200 4h. Explain the purpose of the proposed project:* Pipe structure has deteriorated and is non-functional. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Replacement of existing structure 72" CMP that is 40' long with headwalls with a 1@84" aluminum pipe that is 45' long with headwalls. Project construction will require dewatering. Bank stabilization is proposed for long term stability. Due to instability, the side channel will be placed within a rip rap ditch section. Equipment will include excavator, backhoe, crane, grader, etc. 4j. Please upload project drawings for the proposed project. 5. Jurisdictional Determinations Sa. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r Yes r No Comments: PJD sent to USACE dated 08/08/18 Sb. If the Corps made a jurisdictional determination, what type of determination was made?* C' Preliminary � Approved � Not Verified � Unknown r WA Corps AID Number: Sc. If Sa is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Sd1. Jurisdictional determination upload G. Price and J. Mathis Carolina Ecosystems, Inc. r Unknown 6. Future Project Plans 6a. Is this a phased project?* � Yes r 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 activit�R D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands II� Streams-tributaries r Open Waters I� Pond Construction 3. Stream Impacts 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 136 3i. Total stream and ditch impacts: 187 3j. Comments: permanent stream impacts are concurrent with temporary impacts 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. � Neuse r Catawba � Goose Creek � Other rJ Buffers 3i. Total temporary stream impacts: 51 r Tar-Pamlico r Randleman rJ Jordan Lake Impact Type Il6c. Per or Temp Il6d. Stream name Il6e. Buffer mitigation required? Il6f. Zone 1 impact Il6g. Zone 2 impact i crossing - allowable P UT to New Hope Creek No 2,145 555 i parallel - mitigable P UT to New Hope Creek Yes 1,666 685 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 0.00 Zone 1 3, 811.00 Zone 1 3, 811.00 Supporting Documentation SR 1113 FULL PERMIT PACKAGE INCL SWMP.pdf E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Failing structure is being replaced with the minimal length pipe to fit current roadway standards wfiich will also provide for an appropriately sized road shoulder. Note that the stream along the current toe of fill is eating away at the fill slope and compromising the roadway. Only the minimal amount of rip rap ditch is proposed to provide long term stability of this area. 1b. Specificallydescribe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction will be overseen by NCDOT Division 5 Environmental Staff and Project Inspector who will be onsite to identify ways to reduce the proposed stream impacts- We expect to see reduction of permanent and temporary impacts during 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 r No 2c. If yes, mitigation is required by (check all that apply): fJ DWR fJ Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank II� Payment to in-lieu fee I� Permittee Responsible program Mitigation 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: Qinear feet) 132 4d. Buffer mitigation requested (DWR only): (square feet) 2351 4f. Non-riparian wetland mitigation requested: (acres) Zone 2 0.00 Zone 2 1,240.00 Zone 2 1,240.00 850KB 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments Not proposing mitigation for 4LF of stream loss for new pipe. But we are proposing mitigation for the stream placed within the rip rap ditch. 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. G Yes r No � 6b. If yes, then identify the square feet of impact. 6c. Reason for impact 6d. Total impact Multiplier 6e. Required mitigation (square feet) (square feet) Zone 1 Slope and ditch repair 1,666 1,666 Zone 2 6f. Total buffer mitigation required 2351 685 685 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? r Yes r No 6h. Attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. SR 1113 DMS acceptance.pdf 80.24KB 6j. Comments: 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? G Yes r No What type of SCM are you providing? r Level Spreader fJ Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SMNT) r Other SCM that removes minimum 30 % nitrogen r Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation Durham SR 1113_HYD_SMPv2.08_20180515 (Apr 2018).pdf 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No Comments: 77.14KB I G. Supplementary Information " I 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federallstate) land?* r Yes r 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 PolicyAct (NEPA/SEPA)?" � Yes r No 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?" � Yes r No Comments: x Document does not require State Clearing House review. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15ANCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15ANCAC 2B .0200)? * C' Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?" � Yes r No 3b. If you answered "no," provide a short narrative description. Pipe is being replaced in place within the ebsting transportation facility. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) Sa. Will this project occur in or near an area with federally protected species or habitat? * G Yes r No Sb. Have you checked with the USFWS concerning Endangered Species Act impacts?* F Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh Sd. Is another Federal agency involved?* f Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No r Unknown S. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Northern long eared bat: BC of May Affect, Likely to Adversely Affect based on programmatic biological opinion with the FHWA, NCDOT and USACE that allows for incidental take for NLEB for projects with a federal neuus in Division 5. Plant surveys conducted by staff from Carolina Ecosystems, Inc. OS/01/18 rendered biological conclusions of No Effect for smooth coneflower and Michau�(s sumac. Staff with Three Oaks Engineering visited this site on 03/08/18 and evaluated the site for aquatic mussel habitat. No freshwater mussels ware found and habitat was determined to be isolated as the site is found betv�en tv"n impoundments. A formal mussel survey was determined to be unnecessary. Use of the Programmatic Biological Opinion for Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastem North Carolina, NCDOT Divisions 1-8 (June 13, 2018) provides a biological conclusion of No-Effect for Dwarf wedgemussel, which requires no additional concurrence from the USFWS. No known records of proposed Atlantic Pigtoe is anywhere close to the project location and the project construction is anticipated to be completed well before the Atlantic Pigtoe is listed. Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* C' Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?'� available mapping 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 r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Use of NC Historic Preservation Office database. Disturbance is limited to existing roadside shoulder and stream channel. 7c. Historic or Prehistoric Information Upload 18-01-0021 NoSu rveyReq. pdf AR18-01-0021 NoSu rvey. pdf 2.78M6 974.97KB 8. Flood Zone Designation (Corps Requirement) Sa. Will this project occur in a FEMA-designated 100-year floodplain?* C' Yes r No Sc. What source(s) did you use to make the floodplain determination?* FEMA mapping. Miscellaneous Comments Miscellaneous attachments not previouslyrequested. Signature �J By checking the box and signing below, I certify that: • 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, Artide 40 of the NC General Siatutes (the "Uniform Electronic Transactions AcY'); • 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: Heather W. Montague Signature ffEA�}f�- Nr.[R�+JiA6vE Date 2/25/2019