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HomeMy WebLinkAbout20190624 Ver 1_PCN Form Submission_20190510DWR MOM— of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 21nitial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Oange only if needed. BIMS # Assigned 20190624 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Washington Regional Office - (252) 946-6481 Information for Initial Review 1a. Name of project: Old Aiport Road Widening 1a. Who is the Primary Contact?* William Sullivan 1b. Primary Contact Email:* Wlliam.sullivan@kimley-horn.com Date Submitted 5/10/2019 Nearest Body of Water Brice Creek Basin Neuse Water Classification C; SW,NSW Site Coordinates Version# * 1 What amout is owed?* r $240.00 * $570.00 Select Project Reviewer* Garcy Ward:eads\gpward 1c. Primary Contact Phone:* (919)677-2113 Latitude: Longitude: 35.035276 -77.024297 AProcessing Information U County (or Counties) where the project is located: Craven Is this project a public transportation project?* r Yes r No Is this a NCDOT Project?* r Yes r No 1a. Type(s) of approval sought from the Corps: * 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? W Nationwde Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified bythe Corps? r Yes r- No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 14 - Linear transportation le. 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: r 401 Water Quality Certification - Express P Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* f Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown 1j. Is the project located in a designated trout watershed? r Yes IT No B. Applicant Information 1d. Who is applying for the permit? R Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project? r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: City of New Bern 2b. Deed book and page no.: 2c. Responsible party: Matt Montanye, Public Works Director 2d.Address Street Address PO Box1129 Address Line 2 Dty New Bern Pbstal / Zip Cade 28562 2e. Telephone Number: (262)639-7501 2g. Email Address:* montanyem@ne\Abernnc.gov State / Frwinoe / Fbgim NC Country USA 2f. Fax Number: r Yes r No r Yes r No C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: New Bern r 2. Project Identification 2a. Property Identification Number: NVA (Linear Transportation Easement) 2c. Project Address Street Address Old Airport Road Address Line 2 CRY New Bern Postal / Zip Code 28562 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Brice Creek 3b. Water Resources Classification of nearest receiving water:* C; Sw,NSW 3c. What river basin(s) is your project located in?* Neuse 2b. Property size: 61.5 State / FYwince / iPegixn NC 0buntry USA 3d. Please provide the 12-digit HUG in which the project is located. 030202040304 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 project corridor consists primarily of Old Airport Road, a two-lane roadway running north -south from Taberna Circle to County Line Road in New Bern, Craven County, NC. Land use in the vicinity of the project area is comprised of primarily of housing developments which are bounded by US-70 to the east and undeveloped forestland to the wrest. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r^ Yes r No r^ 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) Fig 2_USGS.pdf 1.62MB 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) Fig 4_NRCS.pdf 1.59MB 4f. List the total estimated acreage of all existing wetlands on the property: 1.64 4g. List the total estimated linear feet of all existing streams on the property: 1052 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to add a center left -turn lane and widen the eAsting shoulders to better facilitate traffic loads and increase pedestrian and bicycle safety along Old Airport Road. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed project will widen approAmately 1.2-miles of the eAsting Old Airport Road to include a center left -turn lane and wider shoulders from Taberna Circle to Landscape Way. The proposed road will measure 44' from edge of pavement to edge of pavement. The paved shoulders are intended to add a lane for bicycle traffic along the corridor as well as provide a lane for stopped vehicles. Equipment typical of roadway projects will be used, including pavers, skid -steers, excavators, and graders. 4j. Please upload project drawings for the proposed project. Old Airport Rd_100%_Plans (2019-03-29).pdf 14.68MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes r- No O Unknown Comments: Kimley-Horn delineated a larger project corridor encompassing the proposed widening in 2016. 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r NIA Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): William Sullivan Agency/Consultant Company: Kimley-Horn Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A Preliminary Jurisdictional Determination request and Buffer Determination request was submitted to the USACE and NCDWR on February 11, 2019. Afield reviewof the PreJD study area was conducted by Emily Thompson and Dave Lekson of the USACE on March 27, 2019. A field review with Garcy Ward of NCDWR was conducted on April 23, 2019. A revised PreJD request following these field reviews has been included with this permit application. 5d1. Jurisdictional determination upload _OldAirportRd_REV_PJD_Request _20190510.pdf 17.45MB 6. Future Project Plans 6a. Is this a phased project?* r 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 activity? The proposed project is a single and complete roadway project. The widening is meant to serve the existing businesses and residents along the corridor. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): P Wetlands W Streams -tributaries ® Buffers r Open Waters r 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* Site 1 Road Crossing P Bottomland Hardwood Forest WI Yes Both 0.030 (acres) Site 1 Road Crossing P Bottomland Hardwood Forest WJ Yes Both 0.010 (acres) Site 1 Construction Access T Bottomland Hardwood Forest WI Yes Both 0.010 (acres) Site 1 Construction Access T Bottomland Hardwood Forest WJ Yes Both 0.020 (acres) Site 1 Construction Access T Bottomland Hardwood Forest WK Yes Both 0.001 (acres) Site 2 Road Crossing P Riverine Swamp Forest fm Yes Both 0.030 (acres) Site 2 Construction Access T Riverine Swamp Forest WM Yes Both 0.120 (acres) Site 2 Construction Access T Riverine Swamp Forest WL Yes Both 0.003 (acres) 2g. Total Temporary Wetland Impact 0.154 29. Total Wetland Impact 0.224 2g. Total Permanent Wetland Impact 0.070 2h. Comments: Impacts to wetlands WI, WJ, WK, WL, and WM will result from the widening of Old Airport Road. Permanent impacts will occur at Site 1 and Site 2 as a result of the widening of the existing fillslope to accommodate the proposed section. Temporary impacts at Site 1 and Site 2 will result from the construction access required to widen the fillslope and construct the road. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact * 3d. S. name * 3e. Stream Type * Type of 3gSwidth 3h. Impact(?) ❑ �[3f. urisdiction* length* S1 Road Crossing Permanent Culvert SB (Ui to Brice Creek) Intermittent Corps 2 25 Average (feet) (linear feet) S2 Road Crossing Permanent Culvert SC (LIT to Brice Creek) Intermittent Corps 2 17 Average (feet) (linearfeet) S3 Construction Access Temporary Other SB (LIT to Brice Creek) Intermittent Corps 2 55 Average (feet) (linear feet) S4 Construction Access Temporary Other SC (Ur to Brice Creek) Intermittent Corps 2 25 Aver�e(feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 42 80 3i. Total stream and ditch impacts: 122 3j. Comments: Temporary impacts to stream SB and SC will occur at Site 1 as a result of the widening of Old Airport Road. Permanent impacts will occur from the e)dension and replacement of the eAsting culvert. Temporary impacts will result from the construction access and pump-arounds required to replace the culvert and construct the road. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. P Neuse r Tar -Pamlico r- Catawba r Randleman r- Goose Creek r Jordan Lake r Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Road Crossing P SB and SC (Urs to Brice Creek) No 5,105 2,793 Road Crossing P SD (Ur to Brice Creek) No 1,572 967 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 6,677.00 3,760.00 Zone 1 Zone 2 Total combined buffer impacts: 6,677.00 3,760.00 6i. Comments: Permanent impacts to buffer zones 1 and 2 of streams SB, SC, and SD will result from the widening of Old Airport Road. The eAsting buffer will be converted from unmaintained road right-of-way to fill slope within the existing transportation facility. Supporting Documentation 2019-04-30_012718003_PermitDrawings.pdf 2.55MB 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: Impacts to streams, wetlands, and riparian buffers have been avoided and minimized to the extent practical through project design. The proposed design makes use of the wasting roadway and facilities to extent practical in order to reduce unnecessary impacts to jurisdictional features along the corridor. The proposed fillslopes have been specifically designed to reduce the amount of fill necessary to support the road widening within jurisdictional areas. The proposed culvert extensions have been minimized to the extent practical to facilitate the proposed widening. Additionally, impacts to stream SO have been avoided entirely by designing the road within the eAsting transportation facility footprint. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to streams, wetlands, and riparian buffers will be avoided and minimized to the extent practical throughout construction of the project. Staging and storage areas will be located in upland areas to avoid unnecessary impacts to jurisdictional features along the corridor. Work will be conducted within the defined temporary construction easements. which will be allowed to revegetate upon completion of the project. Bypass pumps will be implemented in stream channels where necessary to allowfor work in the dry and reduce sedimentation downstream. Timber mats will be utilized when working within wetlands areas. 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? r^ Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Due to the minimal permanent impacts resulting from the project as a whole (<0.10 acre), no compensatory stream or wetland mitigation has been proposed. Permanent impacts to the riparian buffers in the project area will result in less than 1/3 acre in total and are therefore deemed "Allowable" per the Neuse River Basin Buffer Rules: Table of Uses. 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? r Yes r No What type of SCM are you providing? r Level Spreader P Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) r Other SCM that removes minimum 30 % nitrogen r Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2018-11-27_Old Airport Rd_Redline Calculations.pdf 1.83MB 2018-11-27_Old Airport Rd_Redline Drainage Plans.pdf 4.05MB 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: Stormwater will be collected and conveyed through vegetated roadside ditches at non -erosive flows. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federal/state) 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 Policy Act (NEPA/SEPA)? * r Yes r No Comments:* The proposed project does not have any federal funding secured. The project is belowthe State minimum criteria reporting thresholds. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (1 SA 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)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* O Yes r No 3b. If you answered "no," provide a short narrative description. The proposed roadway Widening is a single and complete project. No additional development Will result from the construction of the proposed project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* f Yes r Nor WA 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown Se. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No Si. 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? As of April 25, 2018, the USFWS lists 10 federally -protected species known to occur in Craven County. A review of the NCNHP database records, updated April 2019, indicates no known occurrences of any federally protected species within the project area and one known occurrence of American alligator within 1.0-mile of the project boundary. Due to the minimal clearing and impact anticipated from the proposed project, and the lack of known occurrences within the project area, it is anticipated that the proposed project will have no effect on any protected species. 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?* r Yes r No Are there submerged aquatic vegetation (SAV) around the project vicinity?* r Yes r No O Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA EFH mapper was reviewed on May 10, 2019 and Snapper -Grouper EFH is present appro>amately 0.5-mile downstream from the project area within Brice Creek. Due to the minimal instream work proposed, it is anticipated that construction of the project Will have no effect on the essential fish habitat located in Brice Creek. 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NCHSPO HPOWEB GIS Service mapper was reviewed on May 10, 2019 and one National Register site (New Bern Battlefield Site; CV2055) was identified within 1.0 mile away. The New Bern Battlefield Site is located approArnately 0.3 mile east of the project area. Due to the minimal visual and earth -disturbing work proposed for this project, it is anticipated that there will be no effect to any cultural or historical resources within the project area. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: The proposed project Will comply with all FEMA regulations and receive any applicable permits prior to construction. 8c. What source(s) did you use to make the floodplain determination?* FEMA DFIRM Panels 3720549700J and 3720549600J Miscellaneous Comments Miscellaneous attachments not previously requested. Signature m 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 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: William Sullivan Signature wlaw d 5� Date 5/10/2019