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HomeMy WebLinkAbout20191337 Ver 1_PCN Form Submission_20191004DWR IDIOM n 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?* F Yes r No Is this project a public transportation project?* G Yes f No Change only if needed. BIMS # Assigned 20191337 Is a payment required for this project?* r No payment required F Fee received r Fee needed - send electronic notification Select Project Reviewer* Donna Fbod:eads\drhood Information for Initial Review 1a. Name of project: 1-5507, 1-485 Express Lanes 1a. Who is the Primary Contact?* North Carolina Department of Transportation, Erin Cheely 1b. Primary Contact Email:* ekcheely@ncdot.gov Date Submitted 10/4/2019 Nearest Body of Water Sugar Creek, Little Sugar Creek, Kings Branch, McMullen Creek, McAlpine Creek, Flat Branch, Fourmile Creek, and Simile Creek Basin Catawba; Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.063857-80.805614 A. Processing Information County (or Counties) where the project is located: Mecklenburg 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: 1-5507 WBS # (?) 43609.3.2 Version# * 1 Reviewing Office* Mooresville Regional Office - (704) 663-1699 1c. Primary Contact Phone:* (919)707-6108 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 r 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 1-5507 Revised DMS Acceptance.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: NC Department of Transportation 2b. Deed book and page no.: N/A 2c. Responsible party: 2d.Address Street Address 1598 Mail Service Center Address Line 2 city Raleigh Postal / Zip Code 27699 State / Ffwince / Pagion NC Country USA 78.76KB r Yes r No r Yes r No 2e. Telephone Number: (919)707-6000 2g. Email Address:* pharris@ncdot.gov C. Project Information and Prior Project History 'I. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/town: Charlotte/Pin evil I e/Matthews 2. Project Identification 2f. Fax Number: (919)250-4224 2a. Property Identification Number: 2b. Property size: multiple parcels 1959.7 2c. Project Address Street Address Address Line 2 CRY State / Province / Region Charlotte/Pineville/Matthews NC Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Sugar Creek, Little Sugar Creek, Kings Branch, McMullen Creek, McAlpine Creek, Flat Branch, Fourmile Creek, and Si)vnile Creek 3b. Water Resources Classification of nearest receiving water:* 3c. What river basin(s) is your project located in?* Catawba Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050702,030501030102,030501030103,030501030105,030501030106,030501030107, 030501030203 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 in the project vicinity consists primarily of residential, commercial, and industrial development, interspersed with forestland along stream corridors and within undeveloped parcels. Numerous corporate centers and shopping areas are located in the project area. 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) 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: 16.21 4g. List the total estimated linear feet of all existing streams on the property: 22,350 4h. Explain the purpose of the proposed project:* The purpose of the project is to provide a reliable travel time option (45 mph minimum average speed) during peak demand periods along 1-485 between 1-77 and US 74. Without improvements to the 1-485 corridor as proposed by this project, peak period travel speeds are e)iected to be even slower than current conditions. During the AM peak hour, average travel speeds for 1-485 westbound from US 74 to 1-77 are projected to decrease from approbmately 53 mph in 2015 to 37 mph in 2040 if no improvements are made. Likewise, during the PM peak hour, average travel speeds for 1-485 eastbound from 1-77 to US 74 are projected to decrease from approbmately 36 mph in 2015 to 27 mph in 2040. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The NCDOT proposes improvements to approximately 17 miles of 1-485 (Charlotte Outer Loop) in southern Mecklenburg County. The proposed project extends from 1-77 to US 74 (Independence Boulevard) and involves adding one Express Lane in each direction in the existing median, at -grade ingress and egress access points into and out of the Express Lanes, as well as direct connector ramps, and connecting local side streets directly to the Express Lanes. The typical section for the segments from 1-77 to SR 3624 (Rea Road) includes a 12-foot Express Lane in each direction, three 12-foot general purpose lanes, with a two -foot separation between the Express Lane and general purpose lanes. Plastic bollards with delineators will be installed within the two -foot separation. An 18-foot median with a concrete barrier is proposed between opposing travel lanes. The outside shoulder varies from 12 to 15 feet. The typical section for the segment from SR 3624 (Rea Road) to NC 16 (Providence Road) includes a 12-foot Express Lane in each direction, three 12-foot general purpose lanes, with a four -foot separation between the Express Lane and general purpose lanes. Plastic bollards with delineators will be installed within the four -foot separation. A 26-foot paved median with a concrete barrier is proposed between opposing travel lanes. The outside shoulder varies from 12 to 15 feet. The typical section for the segment from NC 16 (Providence Road) to US 74 (Independence Boulevard) includes a 12-foot Express Lane in each direction, two 12-foot general purpose lanes, with a four -foot separation between the Express Lane and the general purpose lanes. Plastic bollards with delineators will be installed within the four -foot separation. A 26-foot paved median with a concrete barrier is proposed between opposing travel lanes. The outside shoulder varies from 17.5 to 20.5 feet. The project study area contains 55 bridges carrying 1-485 (Charlotte Outer Loop) over ramps associated with the mentioned interchanges, streams, greenways, one bridge carrying I- 485 over a railroad, and one bridge carrying a railroad over 1-485. There are eight existing interchanges within the 1-5507 project limits including 1-77 and US 74 (Independence Boulevard). Proposed improvements include the following activities: pavement resurfacing, restriping, sign installation, pavement markings, electronic toll/traffic management equipment installation and operation, addition of Express Lanes, extension of a segment of the general purpose lane, addition of at -grade ingress and egress points, addition of Direct Connectors to the Express Lanes, bridge replacements, and intersection/interchange improvements. The project will include work within jurisdictional features, such as roadway fill, bridge foundation construction, and drainage improvement, including culvert extensions, outfall protection, bank stabilization, and temporary stream impacts for bridge construction and fill slope construction. Standard roadway construction equipment such as loaders, compactors, excavators, dozers, and pavers will be used. 4j. Please upload project drawings for the proposed project. 1-5507 Permit Drawtngs.pdf 65.16MB 1-5507 Roadway Plans.pdf 43.37MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes Comments r No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: SAW-2013-02330 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Environmental Services, Inc., RK&K, and NCDOT Other: f Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 8/25/2015 (AJD), 7/1/2019 (PJD) - Both of these determinations were for this TIP (1-5507), but cover U-4714AB and R-0211 EC resources in their entirety as well. 5dl. Jurisdictional determination upload 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? [Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): V Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2al Reason(?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*M area* Total Fill P NCWAM TYPES see attached table Yes Corps 0.560 (acres) Total Mechanized Clearing F NCWAM TYPES see attached table Yes Corps7] ]9E:1 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.830 2h. Comments: 2g. Total Permanent Wetland Impact 0.830 Wetland impacts for each site are shown on an attached table. There will be no temporary wetland impacts. There will be a total of 0.83 ac of permanent wetland impacts, which includes 0.56 acre of permanent fill in wetlands and 0.27 acre of mechanized clearing. 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 Total Permanent Bank Stabilization J see attached table Perennial Both 5 746 Average (feet) (linear fed) S2 Total Permanent Bank Stabilization J see attached table Intermittent Both 5 385 Average (fed) (linear fed) S3 Total Permanent Other see attached table Perennial Both 5 974 Avera<7e (fed) (linear fed) S4 Total Permanent Other see attached table Intermittent Both 5 402 Aver�e(fed) (linear fed) S5 Total Temporary Other see attached table Perennial Both 5 390 Average (feet) (linear fed) S6 Total Temporary Other ffattached table Intermittent Both 5 957 Average (feet) (linear fed) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 2,507 31. Total stream and ditch impacts: 3854 3j. Comments: 3i. Total temporary stream impacts: 1,347 Stream impacts for each site are shown on an attached table. There will be a total of 1,131 linear feet of permanent bank stabilization impacts, 1,376 linear feet of permanent stream impacts, and 0.33 acre of temporary stream impacts. In instances when suitable existing rock is found during construction activities and is approved by the engineer and NCDOT, existing rock will be used in place of artificial rock for riprap. At Sites 1, 3, 5, 13,15, 20, 22, 31,41,42, and 44, the existing culvert is not buried, therefore the culvert extension will not be buried. The bottom elevation of the extended culvert will match the elevation of the existing stream bed. At Site 44, the 3 @ 8'x9' RCBC culvert will be extended and the accumulated sediment deposition in the culvert will be removed. A 12" high bench will be left to remain in front of the southern barrel to promote low flow at the adjacent barrels. 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: The final project design avoids and minimizes impacts to wetlands and streams to the greatest extent practicable. The additional lanes Will be constructed in the median, which will minimize direct impacts to streams in the project area. Fill slopes in and near wetlands and streams will be constructed at 2:1 slopes to minimize impacts. Where practicable, headwalls were included in the design to shorten fill slopes and minimize stream impacts, protect the ends of the pipe, and guard against erosion. An express lane direct connect ramp from the median of 1-485 to/from Westinghouse Boulevard was incorporated in the current design, which reduces the amount of wetland impacts from those shown in previous designs. Rock plating Will be constructed between Station 294+00 and Station 301+00 on the north side of 1-485 to steepen fill slopes and minimize permanent impacts to Stream S6. At Site 44, the 3 @ 8'x9' RCBC culvert will be extended and the accumulated sediment deposition in the culvert will be removed. A 12" high bench will be left to remain in front of the southern barrel to promote Iowflow at the adjacent barrels. There will be one energy dissipation basin and pre -formed scour holes at flatter outfall locations to dissipate energy and promote diffuse flow. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: NCDOT's Best Management Practices (BMPs) for Construction and Maintenance Activities and Protection of Surface Waters will be adhered to. Erosion control devices such as silt fence, rock inlet sediment traps, slope drains, clean water diversions, and silt bags will also be utilized to minimize water quality impacts. Trenchless installation will be used for several pipe supplements under 1-485 and bore pits will be located outside of jurisdictional areas. Temporary bridges, rather than pipes and causeways, will be used during the construction of the bridge widening at the McAlpine Creek and McMullen Creek bridges. Installation of the culvert extensions will be conducted utilizing pump around techniques to dewater the work zone. The pump around at stream crossings will utilize temporary dams, pumps, and stilling basins to divert the channel baseflow around the work area rather than installing a temporary pipe and diversion channel. By using this method, grading in the stream channel will be less intensive and will result in less stream impacts. In locations where temporary construction activities will take place in the stream, the stream bed will be restored to pre - construction contours. 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): ,R DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? j-' 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) 1376 4d. Buffer mitigation requested (DWR only): (square feet) 0 4f. Non -riparian wetland mitigation requested: (acres) 0 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 0.83 4g. Coastal (tidal) wetland mitigation requested: (acres) 0 4h. Comments No mitigation is required for the stream bank stabilization or temporary impacts as these impacts do not constitute a loss of waters of the U.S. Stream mitigation required by DWR Will be 473 If. 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. r 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 If no, explain why: The water resources within the project area are not in any buffered basins and not on the main stem of the Catawba River. 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: There will be one energy dissipation basin and pre formed scour holes at flatter outfall locations. BMPs that will be used include the promotion of sheet flow and infiltration with grassed shoulders except were shoulder berm gutter is required, drainage systems outlet to rip rap pads or riprap lined ditches, removal of exiting road fill under bridges that will improve conveyance and reduce velocities in bridge opening, and riprap on embankments to prevent erosion where ditches enter streams. The stormwater management plan "1-5507_HYD_SMP" is attached at the end of the ePCN. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (fe de rallstate/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 SEPAFinal 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)? * f 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 purpose of this project is travel time reliability. While travel time savings is possible, changes in traffic capacity and travel time will likely not meet or exceed minimum thresholds required to be considered Transportation Impact Causing Activities. According to the Categorical Exclusion (CE) from August 2018, due to its minimal transportation impact causing activities, this project will neither influence nearby land uses nor stimulate growth. Therefore, a detailed indirect and cumulative effects study was not necessary. Any additional development in the area would be required to adhere to local stormwater rules. 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. Asheville 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 If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property. 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The August 2018 CE, USFWS county list, and a review of North Carolina Natural Heritage Program (NCNHP) data explorer on August 6, 2019 were used. Within the project area, there is a historic record of Carolina heelsplitter therefore a thorough habitat assessment was conducted in 2014 and a No Effect biological conclusion was rendered (see attached report). Within a mile of the study area, there is a known historic occurrence of Michauxts sumac. Plant surveys were conducted on September 24, 2014, October 16, 2014, October 29-30, 2015, October 7, 2016, and October 21, 2018, and no individuals of Michauxs sumac, Schweinitts sunflower, and smooth coneflower were found (see attached memo). NCDOT determined that the proposed action does not require separate consultation for the northern long-eared bat on the grounds that the proposed action is consistent with the final 4(d) rule under Section 7 of the Endangered Species Act (see attached memo). The rusty -patched bumble bee was recently listed as endangered but as a historic record. Consultation Documentation Upload 1-5507 Mussel Survey Report.pdf 9.68MB 1-5507 Additional Survey Report- Plants.pdf 130.11KB 1-5507 & R-0211 EC Mecklenburg 4(d) NLEB memo 2019.pdf 202.39KB 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?* National Oceanic and Atmospheric Administration Essential Fish Habitat 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The State Historic Preservation Office Historic Properties Map and August 2018 CE were used to determine impacts to historic and archaeological resources. Site 31 MK273" (Cemetery at John Dinkins Farm) is the surviving remnant of a site listed on the National Register of Historic Places. No project activities are to take place within the limits of the cemetery, including but not limited to the staging/storage of materials and/or equipment and vehicles. 7c. Historic or Prehistoric Information Upload 1-5507 SHPO Letter.pdf 96.52KB 1-5507 No Archaeological Survey Required Form.pdf 84.84KB 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 Division will submit sealed as -built construction plans to the Hydraulics Unit upon completion of project construction, certifying that the drainage structures and roadway embankment that are located within the 100-year floodplain were built as shown in the construction plans, both horizontally and vertically. During final design, the NCDOT Hydraulics Unit will coordinate with the Charlotte -Mecklenburg Storm Water Services Department and NC Floodplain Mapping Program for approval of any Conditional Letter of Map Revision (CLOMR) and subsequent Letter of Map Revision (LOMR). 8c. What source(s) did you use to make the floodplain determination?* FEMA Floodplain Maps Miscellaneous Comments This TIP is being permitted and constructed concurrently with R-0211 EC and U-4714AB. Separate permit applications are being prepared and submitted for R-0211 EC and U-4714AB Miscellaneous attachments not previously requested. 1-5507_HYD_SMP. pdf 156.81 KB 1-5507 Wetland Impacts Table.pdf 77.49KB 1-5507 Stream Impacts Table.pdf 88.65KB 01 - 1-5507 Cover Letter.pdf 233.65KB Signature u 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: Michael Turchy Signature �04 T" Date 10/4/2019