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HomeMy WebLinkAbout20191250 Ver 1_PCN Form Submission_20190919DWR 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 20191250 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Central Office - (919) 707-9000 Information for Initial Review 1a. Name of project: Elliott Road Extension 1a. Who is the Primary Contact?* William Sullivan 1b. Primary Contact Email:* Wlliam.sullivan@kimley-horn.com Date Submitted 9/19/2019 Nearest Body of Water Booker Creek Basin Cape Fear Water Classification WS-IV; NSW Version# * 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* April Norton:eads\arnorton 1c. Primary Contact Phone:* (919)677-2113 Site Coordinates Latitude: Longitude: 35.933112-79.023420 FA. Processing Information U County (or Counties) where the project is located: Orange 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? fJ 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 fJ 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 RES CF02 - SOA Dairyland - Elliott Road Extension_135.2.pdf RS_SOA_Elliott Road EMension_26.8.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? O 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: Town of Chapel Hill 2b. Deed book and page no.: n/a 2c. Responsible party: Lance Norris 2d.Address Street Address 6850 Millhouse Road Address Line 2 City Chapel Hill Fbstal / Zip Code 27516 2e. Telephone Number: (919)969-5100 2g. Email Address:* Inorris@townofchapelhill.org State / Ftovince / legion NC Q�untry USA 2f. Fax Number: 145.06KB 127.74KB r Yes r No r Yes r No U C. Project Information and Prior Project History 1 • Project Information 1b. Subdivision name: (if approp9ate) 1c. Nearest municipality / town: Chapel Hill 2. Project Identification 2a. Property Identification Number: Linear Transportation Project 2c. Project Address Street Address Elliott Road Address Line 2 city Chapel Hill Postal / Zip Cade 27514 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Booker 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. 03030002 4. Project Description and History 2b. Property size: 13.4 State / Rrmince / Edon NC Cbuntry 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:* The project is located within the Chapel Hill town limits in Orange County, NC. The project study area is loosely bound by Fordham Boulevard (NC 15-501) to the west and Ephesus Church Road to east and intersected by Booker Creek. The project study area is composed of existing roadways, retail centers, and multi -family facilities. Land use in the vicinity of the project is composed primarily of medium to high density residential areas and commercial/retail centers. 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) 03b_Fig 2_USGS.pdf 1.42MB 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) 03d_Fig 4_NRCS.pdf 1.44MB 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: 678 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to extend Elliott Road from Fordham Boulevard (NC 15-501) to Ephesus Church Road to help address bicycle, pedestrian, auto, and transit safety and connectivity concerns in the Ephesus Church/Fordham District of Chapel Hill. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed project would extend Elliott Road approximately 1,200' from Fordham Boulevard (NC 15-501) east to Ephesus Church Road and improve intersections at the two project termini. The new road and intersections will include a dividing median, gutter, sidewalk, planting strip, bicycle accommodations, and the potential for on -street parking. Equipment typical of roadway projects Will be used, including bulldozers, excavators, pavers, and skid -steers. 4j. Please upload project drawings for the proposed project. 09_Elliott Road Plan Sheets.pdf 3.1MB 5. Jurisdictional Determinations Sa. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r: Yes r No C Unknown Comments 5b. If the Corps made a jurisdictional determination, what type of determination was made?* F Preliminary r Approved r Not Verified r Unknown r NIA Corps AID Number: SAW-2019-00113 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 for the proposed project was submitted to Samantha Dailey of the USACE on November 5, 2018 and an email response was received on January 18, 2019 (SAW-2019-00113). A PDF of the email response has been attached. Note, since the submittal of the PJD request package, it was determined that the Booker Creek crossing below the existing Elliott Road is a box culvert and not a bridge; therefore, the request package has been updated to reflect this and is attached. 5d1. Jurisdictional determination upload 07_ElliottRd_Ext_PJD_Request _20190916.pdf 5AMB 07b_RE_ Stream Determination Request Elliot Road Extension.pdf 15.13KB 6. Future Project Plans 6a. Is this a phased project?* r^ Yes M 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 Elliott Road extension is a single and complete project. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): E Wetlands W Streams -tributaries W Buffers r- Open Waters r Pond Construction 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(?) F �[3f. urisdiction* length* S1 Site 1 - Culvert Extension Permanent Culvert Booker Creek Perennial Both 30 43 Average (feet) (linear feet) 82 Site 1 - Rip Rap Stabilization Permanent Rip Rap Fill Booker Creek Perennial Both 30 53 Average (fed) (lir�arfed) S3 Site 1 - Construction Access Tem ora P rY Other Booker Creek Perennial Both 30 15 Average (feet) (linearfeet) S4 Site 2 - Construction Access Tem ora P rY Other Booker Creek Perennial Both 30 7 Avera,C7e (fed) (linear fed) S5 Site 3 - Culvert Extension Permanent Culvert Booker Creek Perennial Both 30 23 Average (feet) (linearfed) S6 Site 3 - Culvert Extension Permanent Culvert Stream SB - LIT to Booker Perennial Both 3 30 Creek Average (feet) (linear fed) S7 Site 3 - Rip Rap Stabilisation Permanent Rip Rap Fill Booker Creek Perennial Both 30 39 Average (feet) (linearfed) S8 Site 3 - Construction Access Tem ora P ry Other foker Creek Perennial Both 30 19 Average (feet) (linear fed) S9 Site 4 -Road Crossing 9 Permanent Fill Stream SC - UT to Booker Intermittent Cor s P 3 90 Creek Average (feet) (linearfed) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 278 41 31. Total stream and ditch impacts: 319 3j. Comments: Unavoidable impacts to Booker Creek, SB, and SC will result from the proposed project. Temporary stream impacts totaling 41 linear feet will result from the project due to the access and easements necessary for construction. Permanent impacts totaling 186 linear feet will result from culvert extensions and fill. Permanent, no net -loss of water impacts totaling 92 linear feet will result from the installation of rip rap to protect the banks along Booker Creek. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. F Neuse r Tar -Pamlico F Catawba F Randleman F Goose Creek P Jordan Lake F Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Site 1 - Road Widening (Elliott Rd) P Booker Creek No 6,687 1,771 Site 2 - Road Widening (Elliott Rd) P Booker Creek No 1,714 256 Site 3 - Road Widening (Fordham Blvd) P Booker Creek No 4,686 2,708 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 13,087.00 4,735.00 Zone 1 Zone 2 Total combined buffer impacts: 13,087.00 4,735.00 6i. Comments: Permanent buffer impacts will result to the Jordan Lake Buffer Zones 1 and 2 around Booker Creek due to road perpendicular road widening. The three impacts sites are two separate road crossings. Impacts at the Elliott Road crossing (Site 1 and 2) will total 10,428 sq. ft. Impacts at the Fordham Blvd crossing (Site 3) will total 7,394 sq. ft. In accordance with the Jordan Lake Watershed Table of Uses, road crossings impacting less than 150 feet or 1/3 acre of buffer are considered "Allowable". Supporting Documentation 2019-09-16_Elliott Extension —Permit Drawings.pdf 2.02MB 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 the jurisdictional streams and riparian buffers within the project area have been avoided and minimized to the extent practical throughout the design of the project. The road extension and intersection improvements have been located to avoid all wetland features within the project vicinity and to make use of the existing transportation facilities to the extent possible. Where feasible, fill slopes have been tightened to avoid additional impacts to streams and riparian buffers. Rip rap placed along the Booker Creek culvert extensions will be keyed in to the banks to reduce fill impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to streams and riparian buffers within the corridor will be minimized to the extent practical throughout the construction process. Equipment staging and construction access Will be located in upland areas throughout the corridor, and silt fencing will be installed around the permitted limits of disturbance to ensure all equipment and construction is contained. Sediment control measures will be used throughout the project to reduce stormwater impacts to receiving waters and minimize runoff from the construction sites. 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 2c. If yes, mitigation is required by (check all that apply): P DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank r Payment to in -lieu fee 17 Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Restoration Systems - Benton Branch; RES - Dairyland 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 162 Attach Receipt and/or letter RES CF02 - SOA Dairyland - Elliott Road EMension_135.2.pdf RS_SOA_Elliott Road Extension_26.8.pdf SB_NCSAM Rating Calculator v2.pdf SC—NCSAM Rating Calculator v2.1.pdf 3c. Comments 145.06KB 127.74KB 4.24KB 68.26KB The Town has reserved 162 stream credits from the RES - Dairyland and Restoration Systems - Benton Branch mitigation banks located within the primary service area. For the 66 linear feet of permanent impacts to Booker Creek resulting from culvert extensions, the Town has secured 132 stream credits (2:1 ratio). Stream SB is a degraded, incised perennial stream within the project area that primarily conveys stormwater from the upslope development and backflowfrom Booker Creek. Outside of the project area to the north, Stream SB is intermittent and located within a roadside ditch. Stream SB scored "Loud' on the attached NCSAM assessment. Due to the degraded nature and lack of function of stream SB, the Town has secured 30 stream credits for the 30 linear feet of permanent impacts to stream SB (1:1 ratio). Stream SC is a weak, channelized intermittent stream carrying only stormwater from the surrounding development. Stream SC has formed from multiple small stormwater pipe outlets scouring out the natural drainageway. Stream SC scored "Loud' on the attached NCSAM assessment. Due to the artificial nature and lack of function of stream SC, no compensatory mitigation is proposed for the 90 linear feet of permanent impacts to Stream SC. 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. C Yes r No 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? r 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 rJ Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2019_06_ 11 _75%_Drainage_Desig n_Narrative. pdf EC —Sheets _Elliott _Full Set.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 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 21.47KB 1.38MB Comments: Stormwater at the western portion of the site will be collected in a curb and gutter system. Stormwater in the central portion of the site will be collected and discharged into an onsite catch basin. Stormwater along the eastern portion of the site will be collected and diverted into the eAsting pipe network. G. Supplementary Information v 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 project is not receiving any federal funding at this time. The project is below the minimum criteria for a state environmental document. 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)?* 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. The proposed project is a whole and complete project creating a logical connection between two roads in the Town of Chapel Hill. No additional impacts tied to or resulting from the project are anticipated. 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 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. 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 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.? 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 lists five federally protected species for Orange County: bald eagle, Cape Fear shiner, dwarf wedgemussel, Michauxs sumac, and smooth coneflower. A review of the North Carolina Natural Heritage Program (NCNHP) element occurrence database records (updated July 2019) revealed one recent (1992) and one historic (1922) occurrence of smooth coneflower within 1.0-mile of the project limits. Suitable habitat for the Cape Fear shiner may be present within the study area in Booker Creek. The project boundary is within the Cape Fear River Basin; however, Orange county is outside of the known distribution of the Cape Fear shiner. Additionally, the project area is separated from known populations by a manmade impoundment and Jordan Lake. A review of the NCNHP database records (updated July 19) indicates no known occurrences of Cape Fear shiner within 1.0 mile of the project area. Due to the separation from known populations and the lack of known occurrences, it has been determined that the proposed project will have no effect on this species. Suitable habitat for dwarf wedgemussel may be present within the study area in Booker Creek. However, the project is located within the Cape Fear River basin; a watershed not known to support dwarf wedgemussel. A review of the NCNHP database records (updated July 2019) indicates no known occurrences of dwarf wedgemussel within 1.0 mile of the project area. Due to the separation from the mussel's known range and the lack of known occurrences, it has been determined that the proposed project will have no effect on this species. Suitable habitat for Michauxs sumac exists within the study area along the roadsides, utility rights -of -way, and maintained easements. However, many of the areas of suitable habitat within the project study area are heavily maintained by mowing or the application of herbicide and present only marginally suitable habitat. Kimley-Horn biologists surveyed areas of suitable habitat within the study area on September 27, 2018 and no Michames sumac individuals were identified. In addition, a review of the NCNHP database records (updated July 2019) indicates no known occurrences of Michau:rs sumac in or within 1.0 mile of the project area. Due to the lack of known occurrences and the lack of observed individuals, it has been determined that the proposed project will have no effect on this species. Suitable habitat for Smooth coneflower exists within the study area along the roadsides, utility rights -of -way, and maintained easements. However, many of the areas of suitable habitat within the project study area are heavily maintained by mowing or the application of herbicide and present only marginally suitable habitat. Kimley-Horn biologists surveyed areas of suitable habitat within the study area on September 27, 2018 and no smooth coneflov,er individuals were identified. A review of the NCNHP database records (updated July 2019) indicates the historic occurrence (1922) of smooth coneflower, located approximately 1,500 feet north of the study area, is likely no present due to development; and the recent (1992) occurrence of smooth coneflower, located approximately 5,000 feet east of the study area, was relocated to the NC Botanical Garden. Due to the lack of observed individuals and abundance of development in the area, it has been determined that the proposed project will have no effect on this species. Habitat for the bald eagle primarily consists of mature forests in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. One water body, Eastwood Lake, located approximately 1.0 mile west of the project area was identified as being large enough or sufficiently open for foraging. However, Eastwood Lake is surrounded by development and no mature forests with large dominant trees are located within the project area. Additionally, a review of the NCNHP records (updated July 2019) indicates no known occurrences of bald eagle within 1.0 mile of the project area. Due to the lack of nesting habitat in or around the project area and the lack of known occurrences, it has been determined that the proposed project will have no effect on this 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 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA Essential Fish Habitat Mapper was reviewed on August 20, 2019. No essential fish habitat was found within the project area or within the vicinity of the project. 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?* A reviewof the NCSHPO database performed on September 18, 2019 found two Determined Eligible Historic Districts located within 1.0 mile of the project area. The Glen Lennox Commercial & Residential Historic District and the Greenwood Historic District are located approximately 1.0 mile south of the study area. Due to the developed nature of the project vicinity and the minimal impacts anticipated, it has been determined that the proposed project will have no effect on any historic or archeological resources. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* B Yes r No 8b. If yes, explain how project meets FEMA requirements: The project received a No -Rise Certification on February 6, 2019. 8c. What source(s) did you use to make the floodplain determination?* The FEMA Digital Flood Insurance Rate Map (DFIRM) Panel 3710979900L (effective 10/19/2018). Miscellaneous Comments Miscellaneous attachments not previously requested. 03a_Fig 1_Vicinity.pdf 447.18KB 03c_Fig 3_JDMap.pdf 2.46MB 05_DataForms.pdf 142.19KB 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 Date 9/19/2019