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HomeMy WebLinkAbout20190299 Ver 1_PCN Form Submission_20190306D1�VR �irlslan af Water Resources Initial Review Pre-Construction Notification (PCN) Form September 29, 2018 Ver 3 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 * 20190299 Is a payment required for this project?* f No paymentrequired � Fee received F Fee needed - send electronic notification Reviewing Office * Cenhal Office - (919) 707-9000 Information for Initial Review 1a. Name of project: Richardson Road E�Rension 1a. Who is the PrimaryContact?* Drew Havens - Town of Apex 1b. PrimaryContact Email:* d rew. have ns@apexnc. org Date Submitted 3/6/2019 Nearest Body of Water Little Beaver Creek Basin Cape Fear Water Classification WS-IV: NSW Site Coordinates Latitude: 35.6967 Longitude: -78.9194 A. Processing Information County (or Counties) where the project is located: Wake Is this project a public transportation project?* C' Yes r No 1a. Type(s) of approval sought from the Corps: ,r! Section 404 Permit (�tlands, 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? 17 Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) Ve rsion# * 1 What amout is owed?* r• $zao.00 C' $570.00 Select Project Reviewer" Rob Ridings:eads\rgridings 1c. PrimaryContact Phone:* (919)249-3301 :: 1c. Has the NWP or GP number been verified by the Corps? r Yes � No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: ,r! 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit � Individual Permit 1e. Is this notification solelyfor 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?* C' Yes r No 1g. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? C' Yes r No 1g. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? C' Yes r No Acceptance LetterAttachment 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? C' Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner rJ Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? C' Yes r No 2. Owner Information 2a. Name(s) on recorded deed: see attached list of owners 2b. Deed book and page no.: 2c. Responsible party: 2d. Address Street Address see attached list of owners Address Line 2 ary Apex Postal / Zip Code 27502 2e. Telephone Number: (000)000-0000 2g. Email Address:" john.doe@gmail.com 3. Applicant Information (if different from owner) r 401 Water Quality Certification - Express fJ Riparian Buffer Authorization S[ate / Awince / Region NC Country USA 2f. Fax Number: * r Yes � No r Yes � No 3a. Name: Drew Havens-Town Manager 3b. Business Name: Town of Apex 3c. Address Street Address PO Box 250 Address Line 2 73 Hunter Street �Y Apex Fbstal / Zip Code 27502 3d. Telephone Number: (919)249-3301 3f. Email Address:* drew. havens@apewic.org State / Rovince I f�gion NC Cauntry USA 3e. Fax Number: C. Project Information and Prior Project History �- 1. Project Information 1b. Subdivision name: (if appropriate) 1 c. Nearest municipality / town: Apex 2. Project Identification 2a. Propertyldentification Number: see attached property list 2c. Project Address Street Address Address Line 2 ary Postal / Zip Code 2b. Property size: S[ate / FYovince I F�gion Country 3. SurFace Waters 3a. Name of the nearest body of water to proposed project:" Little Beaver Creek 3b. Water Resources Classification of nearest receiving water:* 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. 030300020609 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:* The proposed Richardson Road 6ctension will connect Humie Olive Road to Old US 1 Highway. R crosses both private property and the Little Beaver Creek Conservation Easement managed by the N.C. Department of Environmental Quality (NCDEQ). Land use is comprised of pasture, forest, and private residences. The northern-most +/_ 0.5 mile of the roadway will cross wfiat is to be developed as Friendship Station. All the wetlands, streams and buffers on the Friendship Station property have been reviewed and approved by the U.S. Army Corps of Engineers (USACE) and the Town of Apex. The road will then cross the conservation easement. The v�.�tlands and streams in the conservation easement were evaluated by VHB and approved by USACE. The private parcels located near the future connection with Old US 1 have not been fully assessed because a right of entry agreement is not currently available. ESI has estimated the location and eutent of potential environmental features on these inaccessible parcels using GIS and other available tools. This approach was approved by USACE during our pre-application meeting. The appro�timate amount of conservation easement that will need to be released by NCDEQ at the time of the future bridge construction has been determined to be 2 acres based on a Structural Engineering Review performed by VHB (VHB 2019). 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* � Yes r No � 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) topo_fig.pdf 2.06MB 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) 4f. List the total estimated acreage of all existing wetlands on the property: < 0.5 within the proposed ROW for the road 4g. List the total estimated linear feet of all existing streams on the property: +/_ 200 LF of Little Beaver Creek; +/_ 180 LF of a tributary to Little Beaver Crk 4h. Explain the purpose of the proposed project:" The permit application addresses the eMension of Richardson Road from Humie Olive Road to Old US 1 Highway. An initial phase of the eMension from Humie Olive Road to north of the Little Beaver Creek Conservation Easement will be built by private development. There is currently no funding to further eMend Richardson Road to Old US 1 Highway. The eMension of Richardson Road has been identified as a critical connection in the Town's Transportation Plan since 2001. Richardson Road is included in the regional Metropolitan Transportation Plan as ultimately a 4-lane facility from US 64 in Apex to south of US 1 in Fblly Springs. The facility is necessary to meet the mobility and connectivity needs of this growing area and will serve as a major corridor in the future; connecting US 64 to US 1 and into the Town of Holly Springs. (Source: VHB-Richardson Road Encroachment Proposal Alternatives Analysis) Note that portions of the project currently being requested via this this permit application are based on preliminary plans. Detailed plans will be prepared in phases as access to the future corridor is made available . The issued permit will likely be conditioned that the inaccessible area must be fully studied and detailed plans submitted to the USACE before any construction that may be authorized by the issued 404 permit can occur. The approximate amount of conservation easement that will need to be released by NCDEQ at the time of the future bridge construction has been determined to be approximately 2.06 acres based on a Structural Engineering Review performed by VHB (VHB 2019). 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The Richardson Road EMension project will ultimately connect Humie Olive Road to Old US L The initial 0.5 mile of the project, from the northern starting point at Humie Olive Road, will cross what is to be developed as Friendship Station and the developer of Friendship Station will construct this initial section. The bridge over the conservation easement and the remainder of the alignment to Old US 1 is not funded. The section of road on the Friendship Station property does not impact any w�tlands, streams or buffers. The bridge over the conservation easement will result in minor wetland impacts from the placement of bridge piers/pilings, but no stream impacts will occur. The section of road that crosses the private parcels that are currently inaccessible may impact a surface water. The USACE has determined the Richardson Road 6ctension to be a single and complete project. Any indirect impacts to wetlands and/or WOUS resulting from adjacent development is not the responsibility of the project applicant, the Town of Apex. Permitting and mitigation that may be necessary for any such ancillary impacts are the responsibility of those particular projecYs proponents. Typical equipment will be used such as road graders, excavators, dump trucks, etc.. 4j. Please upload project drawings for the proposed project. JD_Approved WetlandsV2. pdf 1.94MB Richardson Rd VHB Bridge Revision.pdf 1.51 MB Richardson Rd Plan View.pdf 1.69MB Effected Properties Map.pdf 1.11MB 5. Jurisdictional Determinations Sa. Have the wetlands or streams been delineated on the property or proposed impact areas?" � Yes Comments r No Sb. If the Corps made a jurisdictional determination, what type of determination was made?" � Preliminary r Approved � Not Verified � Unknown r WA Corps AID Number: SAW-2017-00235 and SAW-2017-00721 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jeff Harbour / Rachelle Beauregard Agency/Consultant Company: ESI / VHB Other: � Unknown Sd. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR SAW-2017-00235 on 11/15/2016 conducted on the Friendship Station PUD property by ESI SAW-2017-00721 on 4/17/2017 conducted in the Little Beaver Creek Conservation Area by VHB Sd1. Jurisdictional determination upload SAW201700235.pdf SAW201700721.pdf 6. Future Project Plans 6a. Is this a phased project?* G Yes �' No 7b. If yes, explain. 539.99KB 395.65KB The project requested in this submittal is the initial phase of what is identified in the regional Metropolitan Transportation Plan as a 4-lane facility from US 64 in Apexto south of US 1 in Holly Springs. This initial section of Richardson Road will connect Humie Olive Road to Old US 1. It is considered the initial phase because of the crucial aspect of getting a ROW released from the existing Little Beaver Creek Conservation Area. Until this ROW is released, it is not practicable or financially feasible to plan the entire corridor outlined in the hansportation plan. Funding for the entire project is not yet available; however, the initial section of road from Humie Olive to a point near the conservation area will be built by a private developer. 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 activiq/? As future funding is identified and the next stage of the Richardson Road project is planned, it is anticipated that Section 404 permitting will be necessary to some degree. At this time it is unclear what those future impacts could entail. How�ver, whatever those impacts are, they will be added cumulatively to the impacts resulting from this current proposal. D. Proposed Impacts Inventory " 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): fJ Wetlands � Streams-tributaries rJ Buffers r Open Waters I� Pond Construction 2. Wetland Impacts 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.040 2g. Total Wetland Impact 0.040 2h. Comments: Regulated wetland impacts totaling 0.04 acre result from the placement of the bridge piers. No other regulated w�etland discharge is anticipated to occur for this section of the Richardson Road 6c[ension. The approwmate amount of conservation easement that will need to be released by NCDEQ at the time of the future bridge construction has been determined to be approximately 2.06 acres based on a Structural Engineering Review performed by VHB (VHB 2019). 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. r Neuse r Tar-Pamlico r Catawba r Randleman r Goose Creek rJ Jordan Lake r Other Impact Type II6c. Per or Temp II6d. Stream name II6e. Buffer mitigation required? Il6f. Zone 1 impact II6g. Zone 2 impact nable P Little Beaver Creek No 11,925 7,905 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 11,928.00 7,905.00 Zone 1 Zone 2 Total combined buffer impacts: 11,928.00 7,905.00 6i. Comments: Zone 1 and Zone 2 of the Jordon Lake buffers will be permitted through NCDWR since this is a Town sponsored project. The additional Town of Apex buffer (Zone 3) impact from the bridge construction will affect 19,199 square feeL This Zone 3 impact will be reviev�d by the Town of Apex. Supporting Documentation 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: The engineer utilized the approved wetland delineation on the Friendship Station property to avoid v�tlands and streams where possible. The road corridor has been designed to run along higher ridges where possible. ESI and the engineer held a pre-application meeting with the Corps of Engineers and reviewed the preferred route. The preliminary alignment that passes through the inaccessible parcels is based on currently available GIS data per Corps guidance received during pre-application consultation. 1b. Specificallydescribe measures taken to avoid or minimize the proposed impacts through construction techniques: A bridge is being proposed to avoid and minimize impacts to wetlands and streams in the Little Beaver Creek Conservation Area. Wetland impacts will be limited to the concrete piers for the bridge and will be less that 0.1 acre of impact resulting from the piers. No stream impacts will occur. 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? f Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The regulated discharge to wetlands is less than the 0.1 acre mitigation threshold. Open water impacts, such as that to the man-made pond near the southern terminus, do not require compensatory mitigation. If any future phase incurs impacts that cumulatively �nrould require mitigation, the applicant v�rould propose such mitigation according to the regulations in place at that time. 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 r No What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SMNT) � 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 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* � Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? C' Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state-approved local government stormwater program? f Yes r No 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* G Stormwater Management C' Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Mtidegradation Calculations: Comments: Currently, this project is intended to be a Town of Apex project and is not subject to NCDOT Individual NPDES permiL The project �nnll be required to meet stormwater runoff and diffuse flow requirements associated with linear transportation projects pursuant to the following: https://files.nc.gov/ncdeq/Energy % 20Mineral % 20and % 20Land % 20Resources/Stormwater/BMP % 20Manual/E-5_Linear_Transportation_and_Greenways.pdf The stormwater plan is not included as it has not been prepared at this time. All required stormwater management documentation, including BMPs to be used during construction, will be properly reviev�,�d and approved by the applicable reviewing entity. 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?* ^, C' Yes r 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 (15ANCAC 26.0200)?* C' Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? * F Yes r No 3c. Upload a qualitative or quantitative cumulative impact analysis. cumulative analysis.pdf 57.84KB 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?" � Yes r No � fWA 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? * C' Yes r No Sb. Have you checked with the USFWS concerning Endangered Species Act impacts?* C' Yes r No Sd. Is another Federal agency involved7* C' Yes r No Se. Is this a DOT project located within Division's 1-8? � Yes r No Sf. Will you cut anytrees in order to conduct the work in waters of the U.S.? G Yes r No Sg. Does this project involve bridge maintenance or removal? C' Yes r No Sh. Does this project involve the construction/installation of a wind turbine(s)?* C' Yes r No r 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.? C' Yes r No S. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? ESI staff completed a site assessment and survey for federal listed species. Also, a database query of NCNHP documented occurrences was completed. No species are known to occur within 0.5 mile of the study area. 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?* NOAA EFH Mapper 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?* C' Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* http://gis.ncdcr.gov/hpoweb/ A letter has been sent to SHPO requesting formal comment on the project as currently presented in this application. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* � Yes �' No Sb. If yes, explain how project meets FEMA requirements: The proposed bridge will span the floodplain of Little Beaver Creek Sc. What source(s) did you use to make the floodplain determination?* https�//msc.fema.gov/portal/search and the alternatives analysis document prepared by VHB. Miscellaneous Comments Miscellaneous attachments not previously requested. Easement Release (Revised 3-1-2019).pdf 534.15K6 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, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); . I agree to conduct this hansaction 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: Jeffery W. Harbour Signature n�J��l i�f� �rFcesF � Date 3/6/2019