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HomeMy WebLinkAbout20221257 Ver 1_ePCN Application_20220908DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* Version#* 20221257 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review la. Name of project: Fiddlers Creek Outfall Replacement la. Who is the Primary Contact?* Linda Diebolt What amout is owed? * $240.00 $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood 1 b. Primary Contact Email:* lc. Primary Contact Phone:* Idiebolt@hazenandsawyer.com (919)863-9256 Date Submitted 9/8/2022 Nearest Body of Water Fiddlers Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 36.047763 A. Processing Information Longitude: -80.196720 County (or Counties) where the project is located: Forsyth Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Pre -Filing Meeting Information Is this a courtesy copy notification? * Yes No ID# Version Pre -fling Meeting or Request Date 9/27/2021 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document Signed Agent Authorization Form.pdf File type must be PDF la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No 589.87KB Nationwide Permit (NWP) Number: 58 - Utility Line Activities for Water and Other Substances (frequently used) NWP Numbers (for multiple NWPS): Id. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? * Yes No 2. Owner Information 2a. Name(s) on recorded deed: City/County Utilities Commission 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2b. Deed book and page no.: Utility easement 2c. Contact Person: Derek Stroud 2d. Address Street Address P.O. Box 2511 Address Line 2 City State / Province / Region Winston-Salem North Carolina Postal / Zip Code Country 27102 United States 2e. Telephone Number: 2f. Fax Number: (336)747-7350 2g. Email Address: * dereks@cityofws.org 4. Agent/Consultant (if applicable) 4a. Name: Linda Diebolt 4b. Business Name: Hazen and Sawyer 4c. Address Street Address 4011 WestChase Boulevard, Suite 500 Address Line 2 City Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)863-9256 4f. Email Address: * I d iebolt@ hazena nd sawyer. com C. Project Information and Prior Project History State / Province / Region NC Country United States 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Winston-Salem 2. Project Identification 2a. Property Identification Number: n/a - easement 2c. Project Address Street Address Address Line 2 City Winston Salem Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Fiddlers Creek 3b. Water Resources Classification of nearest receiving water: * C 2b. Property size: 19 State / Province / Region NC Country USA 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401011307 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The proposed project extends from immediately southwest of Old Lexington Road (NC SR 2743) to immediately northeast of Willard Road (NC SR 2700) along Fiddlers Creek in Winston- Salem, Forsyth County, North Carolina and consists of replacement of two existing gravity sewer pipes. The gravity pipe main corridor is primarily comprised of mixed hardwood forests. In addition, the proposed project traverses actively maintained roadway and two existing utility easements. The gravity pipe replacement extends parallel to Fiddlers Creek and crosses Fiddlers Creek five times. The actively maintained roadways within the project corridor include NC SR 2743, Teague Road, Thomasville Road, Meadowview Drive SE, and NC SR 2700. The gravity pipe corridor will intersect with 128-foot existing easement maintained by Duke Energy and a 50-foot existing easement maintained by Piedmont Natural Gas. Additionally, there are single family and multi -family residential housing developments as well as commercial buildings adjacent to the proposed project area. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.42 acre 4g. List the total estimated linear feet of all existing streams on the property: 525 feet (perennial) 4h. Explain the purpose of the proposed project: * Replacement of the current gravity sewer pipe is required to meet the demands of projected growth in Forsyth County. The existing gravity sewer pipe has reached the end of its lifespan and no longer provides sufficient capacity to convey wastewater within the project's service area. The proposed project consists of replacement of approximately 3.5 miles of gravity sewer pipe and abandonment of the existing gravity sewer pipe, manholes, and other related appurtenances per applicable regulations. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed Fiddlers Creek Outfall Replacement project consists of replacement and abandonment of the existing gravity sewage pipe to meet current and projected growth within the project's service area. Specifically, the proposed project consists of installation of approximately 13,000-feet of 36-inch sanitary sewer piping, 3,000-feet of sanitary sewer collectors ranging from 8-inches to 18-inches, 73 manholes, 760-feet of 54-inch steel casing, and 50-feet of 54-inch PVC casing. Erosion and sediment control measures will be installed prior to commencing land -disturbing activities. Limits of disturbance encompass approximately 19 acres. Construction -phase access to the project corridor will be provided via either new corridor associated with the conveyance line, or an existing access corridor associated with two existing transmission lines that intersect a portion of the new pipe corridor. Four dragline mat access points across Fiddlers Creek will be assessable throughout the projects limits of disturbance. One permanent gravel access road is proposed north of Thomasville Road to the new corridor to ensure proper maintenance of the proposed conveyance line following construction completion. Additional details pertaining to the temporary and permanent gravel access roads associated with the proposed project can be found in the attached Fiddlers Creek Gravity Outfall Replacement design plans. Installation of the transmission line in jurisdictional areas (wetlands and streams) will be achieved using both open cut and non -open -cut techniques. Non -open -cut techniques will take place under Old Lexington Road, Teague Road, Thomasville Road, Willard Road, and three proposed stream crossing locations. Further details related to non -open -cut techniques is available in the attached Fiddlers Creek Outfall Replacement design plans. With the exception of one crossing, stream crossings involving open -cut techniques will be performed within 15 degrees perpendicular. A man-made ditch crossed by the pipe is not within 15 degrees of perpendicular. Anti -seep collars will be installed along the transmission line per applicable regulations. Crossing of the streams and wetlands by the pipe will not result in the net loss of jurisdictional waters of the U.S.; however, conversion of forested wetlands to non -forested wetlands will occur in several areas along the project corridor. The areas of conversion are very small and very few trees are anticipated to be removed. Pipe installation, where feasible, will be performed from the abutting stream banks. All stream work will be performed in the dry. During construction activities, temporary stone dams will be placed upstream and downstream of the area of disturbance and the stream will be pumped around the dammed area. One permanent ford will be installed at a stream crossing (S1). Equipment anticipated to be used during installation of the proposed transmission lines includes, but is not limited to, excavators, backhoes, front-end loaders, dump trucks, and cranes. Details of proposed activities, such as temporary stream bypass structures and anti -seep collars, are provided on the design drawings submitted in conjunction with this permit application. The maintained corridor within 404 jurisdictional areas will be 30 feet or less in width. Replacement of the existing gravity sanitary sewer outfalls will temporarily impact Fiddlers Creek, as will installation of stream stabilization materials (riprap or RECM) and dragline mats. Permanent impact to Fiddlers Creek will occur from installation of a permanent maintenance crossing at S1. Wetlands will be temporarily impacted by pipe replacement with no net loss of wetlands occurring. Following construction, 0.005 acre of wetlands within the proposed maintained corridor of three wetland areas will undergo conversion impacts from forested to non -forested wetlands with very few trees being removed. Indirect impacts associated with installation of the conveyance are anticipated to be negligible since construction of the proposed project will not induce growth but is required to meet the future wastewater demands of the service area. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Linda Diebolt and Keven Arrance Hazen and Sawyer Yes 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers u 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Pipe Crossing 1 Construction access T NON-NCWAM TYPES Wetland A Yes Both 0.060 (acres) W2 Pipe Crossing 1 Pipe installation T NON-NCWAM TYPES Wetland A No Both 0.005 (acres) W3 Pipe Crossing 2 Pipe installation T NON-NCWAM TYPES Wetland D No Both 0.010 (acres) W4 Pipe Crossing 3 Pipe installation T NON-NCWAM TYPES Wetland E No Both 0.180 (acres) W5 Pipe Crossing 4 Pipe installation T Riverine Swamp Forest Wetland F Yes Both 0.006 (acres) W6 Pipe Crossing 4 Maintained corridor P Riverine Swamp Forest Wetland F Yes Both 0.007 (acres) W7 Pipe Crossing 5 Pipe installation T Riverine Swamp Forest Wetland G Yes Both 0.005 (acres) W8 Pipe Corridor 6 Maintained corridor P Riverine Swamp Forest Wetland G Yes Both 0.005 (acres) W9 Pipe Crossing 6 Pipe installation T Riverine Swamp Forest Wetland H Yes Both 0.004 (acres) W10 Pipe Corridor 7 Pipe installation T Riverine Swamp Forest Wetland I Yes Both 0.030 (acres) W11 Pipe Crossing 7 Maintained corridor P Riverine Swamp Forest Wetland I Yes Both 0.005 (acres) 2g. Total Temporary Wetland Impact 0.300 2g. Total Wetland Impact 0.317 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.017 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length* S1 Pipe crossing 2 - riprap Permanent Fill UT TO FIDDLERS CREEK - UT2 Perennial Both 6 Average (feet) 25 (linear feet) S2 Pipe crossing 2 - pipe installation Temporary Excavation UT2 Perennial Both 6 Average (feet) 33 (linear feet) S3 Pipe crossing 3 - stream stabilization with RECM Permanent Fill UT3 Jurisdictional Ditch Both 3 Average (feet) 45 (linear feet) S4 Pipe crossing 3 - pipe nstallation Temporary Excavation UT3 Perennial Both 4 Average (feet) 105 (linear feet) S5 Pipe crossing 4 - dragline mat Temporary Fill Fiddlers Creek Perennial Both 8 Average (feet) 15 (linear feet) S6 Pipe crossing 5 - pipe installation Temporary Excavation UT4 Perennial Both 5 Average (feet) 25 (linear feet) S7 Pipe crossing 5 - stream stabilization with RECM Permanent Fill UT4 Perennial Both 5 Average (feet) 9 (linear feet) S8 Pipe crossing 6 - dragline mat Temporary Fill Fiddlers Creek Perennial Both 10 Average (feet) 15 (linear feet) S9 Lstabilization Pipe crossing 7 - stream with riprap Permanent Fill UT5 Perennial Both 4 Average (feet) 16 (linear feet) S10 Pipe crossing 7 - pipe installation Temporary Excavation UT5 Perennial Both 4 Average (feet) 31 (linear feet) S11 Pipe crossing 8 - pipe installation Temporary Excavation UT6 Perennial Both 4 Average (feet) 24 (linear feet) S12 Pipe crossing 8 - stream stabilization Permanent Fill UT6 Perennial Both 4 Average (feet) 10 (linear feet) S13 Pipe crossing 9 - dragline mat Temporary Fill Fiddlers Creek Perennial Both 12 Average (feet) 25 (linear feet) S14 Pipe crossing 10 - stream stabilization with RECM Permanent Fill UT7 Perennial Both 6 Average (feet) 15 (linear feet) S15 Pipe crossing 10 - pipe installation Temporary Excavation UT7 Perennial Both 6 Average (feet) 24 (linear feet) S16 Pipe crossing 12 - dragline mat Temporary Fill Fiddlers Creek Perennial Both 10 Average (feet) 12 (linear feet) S17 Pipe crossing 13 - pipe installation Temporary Excavation UT8 Perennial Both 4 Average (feet) 38 (linear feet) S18 Pipe crossing 13 - stream stabilization with riprap Permanent Fill UT8 Perennial Both 4 Average (feet) 15 (linear feet) S19 Pipe crossing 14 - stream stabilization with RECM Permanent Fill UT9 Perennial Both 5 Average (feet) 12 (linear feet) S20 Pipe crossing 14 - pipe installation Temporary Excavation UT9 Perennial Both 5 Average (feet) 40 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 135 3i. Total permanent stream impacts: 147 3i. Total stream and ditch impacts: 534 3i. Total temporary stream impacts: 387 3j. Comments: Permanent stream impacts are associated with stream stabilization or one permanent maintenance crossing. Stream stabilization consists of either riprap (S1, S7, S9, S13) or RECM (S3, S12, S14, S19) being placed below the bed of the stream. The permanent maintenance crossing (S1) consists of riprap below and slightly above the bed of the stream. 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: Delineation of jurisdictional areas and identification of sensitive receptors occurred early in the design process. During design, the project corridor was positioned to avoid regulated areas and sensitive receptors, where feasible, while using existing corridors and easements to the extent practicable. Avoidance of all impacts is possible only with a no -build alternative, which does not meet the need of the project. Where avoidance of jurisdictional wetlands was not possible, the limits of disturbance were reduced to the extent practicable. Project design includes anti -seep collars along the pipe within and adjacent to jurisdictional wetland areas, per applicable requirements. Avoidance of the streams within the project corridor is not feasible. Stream crossings were designed to minimize the limits of disturbance with crossings within 15 degrees of perpendicular, where feasible. Temporary bridges will be used to cross jurisdictional streams and swamp mats will be used to cross jurisdictional wetlands to minimize impacts from vehicular crossings. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best management practices for erosion and sediment control measures are specified in the project design. Measures include perimeter silt fence, minimization of tree removal, and stabilized construction entrances. The contractor shall perform weekly inspections of erosion and sediment control devices and perform maintenance as needed to ensure maximum efficacy of all devices in use. Vehicle and equipment maintenance activities are required to be performed outside of jurisdictional areas. Disturbed soils will be temporarily stabilized if the disturbed area will not be final graded and permanently stabilized within a reasonable timeframe. Impacts to jurisdictional areas during construction will be limited to the extent feasible by performing as much work as is possible from upland areas. Disturbed areas will be returned to original grade and seeded with an appropriate native seed mix as soon as possible, not to exceed 90 days of completion of the project. Swamp matting will be used where appropriate in wetland areas. Excavation of the pipe trench will be performed as prescribed by the USACE in jurisdictional areas, and side casting of excavated material into abutting wetland areas will be avoided to the extent feasible. Assessment of alternative methods versus using open -cut installation was performed. Most of the areas of disturbance within jurisdictional features are either very small or are in areas that are already disturbed, such as existing maintained transmission corridors. Due to the small size of the areas of disturbance and the existing disturbed condition within jurisdictional areas, use of trenchless installation techniques will not be used to traverse jurisdictional 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? Yes • No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: All wetland impacts are temporary with the exception of three very small forested areas (-0.005 acre/200 square feet each) located along the edge of the permanent access road. Very few trees are present or will be removed within the three very small forested wetland areas. Due to the minimal area of impact within three separate wetlands, mitigation of the conversion impacts is not proposed. 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? Yes No If no, explain why: The closest protected riparian buffer, Randleman Lake Buffer Area, is located approximately 5 miles east of the proposed project site according to the NC Riparian Buffer Area Map listed on NCDEQ website. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: 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? * Yes No 1 b. 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)?* Yes No Comments: * The project does not meet minimum criteria to trigger SEPA. NEPA documentation is not required. 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)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. Development within the proposed Fiddlers Creek Outfall Replacement project is anticipated to occur. The proposed project will not promote growth but will support the development that will occur regardless of the project and will provide state of the art municipal treatment of the wastewater generated by development in the service area. Existing ordinances and regulations, including the Clean Water Act, erosion and sediment control regulations, and stormwater ordinances, are expected to prevent impacts to downstream water quality due to future development in the service area. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No 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?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 51. 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Hazen reviewed the FWS online IPaC tool to determine species and/or critical habitat within the vicinity of the proposed project in August 2022. Additionally, Hazen biologists conducted preliminary in field review of the project area to determine potential habitat relative to listed species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * Hazen reviewed the Essential Fish Habitat Mapper for the Mid -Atlantic region provided through NOAA Fisheries website to determine potential impacts to Essential Fish Habitat anticipated by the proposed 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Hazen reviewed HPOWEB on July 17, 2022. No properties or structures within proximity to the project site were identified as being listed or eligible for listing on the National Register of Historic Places. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: The project does not include aboveground infrastructure that will reduce the flood capacity of the SFHA. 8c. What source(s) did you use to make the floodplain determination?* Hazen utilized North Carolina FEMA GIS data to make the floodplain determination. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document PCN Attachments 1_Fiddlers Creek.pdf 8.19MB PCN Attachments 2_Fiddlers Creek.pdf 16.4MB PCN Attachments 3_Fiddlers Creek.pdf 15.18MB PCN Attachments 4_Fiddlers Creek_Design Drawings.pdf 34.13MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: Linda Diebolt Signature Date 9/8/2022