Loading...
HomeMy WebLinkAbout20190992 Ver 1_PCN Form Submission_20190723DWR IDIOM— 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 Change only if needed. BIMS # Assigned * Version#* 20190992 1 Is a payment required for this project?* r No payment required F Fee received Reviewing Office* r Fee needed - send electronic notification Central Office - (919) 707-9000 Select Project Reviewer* Rob Ridings:eads\rgridings Information for Initial Review 1a. Name of project: 1-440/US 1 from south of Walnut Street to north of Wade Avenue - U-2719 (Central) 1a. Who is the Primary Contact?* Jason Dilday 1b. Primary Contact Email:* 1c. Primary Contact Phone:* jldilday@ncdot.gov (919)707-6111 Date Submitted 7/23/2019 Nearest Body of Water Walnut Creek, Lake Johnson, Simmons Branch, Bushy Creek, Rocky Branch, and House Creek Basin Neuse Water Classification Walnut Creek: C; NSW, Walnut Creek (Lake Johnson): B; NSW, Simmons Branch: C; NSW, Bushy Creek: C; NSW, Rocky Branch: C; NSW, and House Creek: C; NSW Site Coordinates Latitude: Longitude: 35.781366-78.702782 A. Processing Information County (or Counties) where the project is located: Wake Is this project a public transportation project?* r: Yes r No Is this a NCDOT Project? * r: Yes r No (NCDOT only) T.I.P. or state project number: U-2719 WBS # (?) 35868.3.4 la. Type(s) of approval sought from the Corps: P 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? F Nationwide Permit (NWP) rJ Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified bythe Corps? r Yes r No Regional General Permit (RGP) Number: RGP Numbers (for multiple RGPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 198200031 - NCDOT Bridges, Widening Projects 2015 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 fJ Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?" 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 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment U-2719 - STIR - Buffer - INS 01.pdf 1h. Is the project located in any of NC's twenty coastal counties? r 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? rJ 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: North Carolina Department of Transportation 2b. Deed book and page no.: 2c. Responsible party: 2d.Address Street Address 1598 Mail Service Address Line 2 city Raleigh Postal / Zip Code 27699 State / Ffwince / Pagion NC Country United States of America 116.72KB r Yes r No r Yes r No 2e. Telephone Number: (919)707-6111 2g. Email Address:* jldilday@ncdot.gov C. Project Information and Prior Project History 'I. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality / town: Raleigh 2. Project Identification 2f. Fax Number: 2a. Property Identification Number: 2b. Property size: See attached mapping 2c. Project Address Street Address Address Line 2 City State / Province / Region Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Walnut Creek, Lake Johnson, Simmons Branch, Bushy Creek, Rocky Branch, and House Creek 3b. Water Resources Classification of nearest receiving water:* Walnut Creek: C; NSW, Walnut Creek (Lake Johnson): B; NSW, Simmons Branch: C; NSW, Bushy Creek: C; NSW, Rocky Branch: C; NSW, and House Creek: C; NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011101, 030202010803, and 030202010804 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 within the vicinity is residential, institutional/commercial development, forested, and existing 1-440/US 1. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* f 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) 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: 3.14 (study area) 4g. List the total estimated linear feet of all existing streams on the property: 20,770 (study area) 4h. Explain the purpose of the proposed project:* The purpose of the project is to improve traffic flow, make the roadway operate more efficiently, and enhance mobility on this segment of 1-440. The project will address the need to increase capacity, improve the layout of the roadway and interchanges, and fix poor conditions along this segment of 1-440. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project involves widening 1-440 from Walnut Street to Wade Avenue, upgrading an existing partial clover at Jones Franklin Road, replacing a bridge in place at Athens Drive and Melbourne Road, a double crossover diamond at Western Boulevard, constructing a bridge to the North at Ligon Street, and creating a slight detour alternative -revised with Reedy Creek Greenway adjacent to 1-440 at Wade Avenue and Hillsborough Street. Standard road building equipment, such as trucks, dozers, and cranes will be used. 4j. Please upload project drawings for the proposed project. L12719_Bufferlmpacts_20190627. pdf L12719_PermitDrawi n gs_20190627. pdf 12.55MB 29.55MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2012-01414 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Adam Efird Agency/Consultant Company: Atkins Engineering Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR September 26, 2013 with USACE (E. Alsmeyer) October 1, 2013 with NCDWR (R. Ridings) 5d1. Jurisdictional determination upload 17-06-21-NCDOT_LL2719-PJD.pdf 43.96KB 19-06-26_AJD_Non-JD Pond OWD_LL2719_I-440_Wake.pdf 266.07KB SAW-2012-01414-JD.pdf 295.82KB 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? City of Raleigh: White Oak Lake Reconstruction (35.78,-78.71) Project number: 20061565 See attached information from City of Raleigh Website on Permitting and Schedule D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries W Buffers W 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 2g. Impact Jurisdicition*M J I area* 2,6,10,11 Fill, Excavation, Mech P Bottomland Hardwood Forest WK,WF, WJ, WI Yes Corps 0.040 Clearing (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.040 2g. Total Wetland Impact 0.040 2h. Comments: See the Attached Table for detailed wetland impacts as well as the permit summary impact table located within the Wetland/Stream Permit Site Plans. 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 Construction Permanent Other Varies Perennial Both 1 Average (feet) 1,499 (linear feet) g2 Construction :::Ttt::] Other Varies Intermittent Both 1 Average (feet) 699 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 1,499 699 31. Total stream and ditch impacts: 700 3j. Comments: See the Attached Table for Stream Impacts for detailed stream impacts as well as the permit summary impact table located within the Wetland/Stream Permit Site Plans. Numbers above represent total permanent and temporary impacts for the project. Please Note item 3i above is calculating incorrectly from the table. Total permanent and temporary stream impacts are 2,198 If. 4.Open Water Impacts 4a. Site # 4a1. Impact Reason _114b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Wate rbody type 4f. Impact area Draining/Filling Pond P OWD Drainage Pond 1.25 4g. Total temporaryopen water Impacts: 0.00 4g. Total open water impacts: 1.25 4h. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. P Neuse i- Catawba r Goose Creek r Other 4g. Total permanent open water impacts: 1.25 r Tar -Pamlico r Randleman r Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact 1, 3, 4, 7, 12, 14, 15, 16, 17, 19, 20 P SAK, SX SW, ST, SS, SO, SP, SN, ff41,206 19,358 SC, SE, SW 4, 7, 9, 13, 14, 16, 18, 21 P SW, ST, SU, SR, SO, SN, SAN, SC yes 36,666 20,060 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 77,872.00 39,418.00 Zone 1 Zone 2 Total combined buffer impacts: 77,872.00 39,418.00 61. Comments: See the Attached Table for Stream Impacts for detailed stream impacts as well as the Riparian Buffer Impacts Summary Table located with the plan sheets for additional information. Supporting Documentation 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: See attached Site Specific Avoidance and Minimization Efforts in the Miscellaneous Section. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques v Erosion and sedimentation BMPs Will be installed prior to construction. Water will be diverted around the work area to prevent sedimentation of downstream aquatic resources. Impacts Will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, restrictions against the staging of equipment in or adjacent to waters of the US and coordination (including a pre -construction meeting) with the Division Environmental Supervisor. Additionally, the outside buffer wetland and/or water boundary located within the construction corridor will be clearly marked by highly visible fencing prior to any land disturbing activities. 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 2c. If yes, mitigation is required by (check all that apply): W DWR W Corps 2d. If yes, which mitigation options) will be used for this project? r Mitigation bank W Payment to in -lieu fee r 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: (linear feet) 4c. If using stream mitigation, what is the stream temperature: 860 warm 4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested: (square feet) (acres) 56,726 0 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 4h. Comments Please see attached summary from the onsite mitigation ratio meeting held on March 28th, 2019. Please note 664 If of stream impact did not require mitigation due to bank stabilization. No mitigation is proposed for wetlands due to the minimal impact of 0.04 ac. 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. F Yes r- No 6b. If yes, then identify the square feet of impact. 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Roadway Construction 36,610 3 109,830 Zone 2 Roadway Construction 20,035 1.5 30,053 6f. Total buffer mitigation required 139,883 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? F Yes r- No 6h. Attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6j. Comments: Please see the Riparian Buffer Impacts Summary Table located with the plan sheets for additional information. Impact mitigation has been requested from DIMS for 860 If at 2:1 ratio. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? F Yes r- No What type of SCM are you providing? r Level Spreader r 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 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: See attached Stormwater Management Plan. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/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 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?* r Yes r No NEPAor SEPA Final Approval Letter 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 (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?* r Yes r No 3b. If you answered "no," provide a short narrative description. Per the NC DWQ April 10, 2004 Version 2.1 Cumulative Impacts policy, small scale public transportation projects- such as widening projects, bridge replacements and intersection improvements- have a "low potential for cumulative impact since little (if any) new impervious surface is added and the projects are usually in already developed locales." This proposed project is within a developed landscape (i.e. project site is exsting 1-440 corridor, existing businesses and industrial buildings in the vicinity), this is not a road on a new location (i.e. there is an ebsting road thus the area already contains impervious surfaces) and the project drains to Walnut Creek: C; NSW, Walnut Creek (Lake Johnson): B; NSW, Simmons Branch: C; NSW, Bushy Creek: C; NSW, Rocky Branch: C; NSW, and House Creek: C; NSW, which are not HWQ or ORW. We anticipate the NC DWR will advise us if a qualitative or quantitative analysis is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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? * r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No C Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS county list and NCNHP database were consulted for Wake County on April 16, 2019. Also, the project was surveyed on June and July 2017, and January 2018 for the extended area around Moore Drive. A survey for species listed on May 3, 2018 was conducted on May 15 and 16, 2018. May 15, 16, 2018 — Yellow lance, Tar River spinymussel, dwarf wedgemussel — all were no effect. No surveys for Cape Fear shiner as the project is not in the Cape Fear Basin June, July 2017 — bald eagle and Michau:(s sumac (Michauxs sumac around Moore Dr. in Jan. 2018) May 2013 - RCW - USFWS did not require NCDOT to conduct further surveys for RCW due to the urban nature of the project. 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 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Essential Fish Habitat (EFH) Mapper This project takes place in Wake County which is not near any coastal or tidal habitat that would support EFH (i.e. salt marshes, oyster reefs, etc.). 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 North Carolina State Historic Preservation Office (HPO) review and concurrence. 7c. Historic or Prehistoric Information Upload U2719EffectsMay2017.pdf 1.11 MB U2719MeredithRevisedEffectsSept2017.pdf 1.06MB 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: NCDOT Hydraulics Unit coordination with FEMA. 8c. What source(s) did you use to make the floodplain determination?* NC Floodmaps and FEMNs National Flood Hazard Layer Miscellaneous Comments Attached are the avoidance and minimization list, mitigation ratio meeting summary, wetland and stream impact tables, 4B and 4C meeting minutes, and other relative information as noted above. Miscellaneous attachments not previously requested. U-2719 Onsite Mitigation Review Meeting Minutes.pdf 61.24KB White Oak Lake Recon Project Info.pdf 137.06KB U-2719 & U-4437_4B_Meeting Minutes_Final.pdf 336.05KB Avoidance and Minimization.pdf 472.72KB U-2719 Permit Tables.pdf 39.95KB U2719_Hydro_4C_Meeting_Minutes.pdf 443.9KB Signature W 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: Mack Christopher Rivenbark III Signature u x� e. RIdcIG ah�, yy,t Date 7/23/2019