20221765 Ver 1_ePCN Application_20221214

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
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.
Pre -Filing Meeting Date Request was submitted on:
4/25/2022
BIMS # Assigned* Version#*
20221765 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Cary Park Sewer Line Repair/Streambank Stabilization
la. Who is the Primary Contact?*
Eric Kulz
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:eads\ztthomas
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/14/2022
Nearest Body of Water
UT to Morris Branch
Basin
Cape Fear
Water Classification
WS-IV; NSW
Site Coordinates
Latitude: Longitude:
35.815854 -78.914931
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

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
Nationwide Permit (NWP) Number: 58 - Utility Line Activities for Water and Other Substances (frequently used)
NWP Numbers (for multiple NWPS):
ld. 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)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Cary Park Prop Owners Assn (work within TOC sanitary sewer easement)
2b. Deed book and page no.:
DB 012913 Pg 02345
2c. Contact Person:
Eric Kulz
2d. Address
Street Address
Town of Cary
Address Line 2
P.O. Box 8005
City
Cary
Postal / Zip Code
27512-8005
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
Of appropriate)
Cary Park
lc. Nearest municipality / town:
Cary
2. Project Identification
2a. Property Identification Number:
Real ID #0304229
2b. Property size:
3.71
2c. Project Address
Street Address
Behind 104 Oxford Creek Road
Address Line 2
City State / Province / Region
Cary NC
Postal / Zip Code Country
27519 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
UT to Morris Branch
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.
030300020605
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project area is located within an undeveloped open space corridor within the Cary Park subdivision in western Cary. The site is surrounded by single-family residential properties on all
sides. Cary Park and the surrounding area was developed in the early 2000s.
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
4g. List the total estimated linear feet of all existing streams on the property:
900+
4h. Explain the purpose of the proposed project: *
The purpose of the project is to protect an existing eight -inch aerial sewer crossing over a UT to Morris Branch. The UT has downcut to saprolite/bedrock, and is also experiencing lateral
streambank erosion, and concrete blocking/piers which formerly supported the sewer line crossing have been exposed and are being undercut by erosion and have become suspended. In
addition, the channel is clogged with riprap and wood debris, further causing lateral erosion by deflecting storm flows toward the streambank.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will involve removal of existing riprap and wood debris from the channel beneath the sewer line, which is exacerbating the lateral streambank erosion. Larger and longer
concrete piers will be constructed around and beneath the existing piers to support the aerial sewer crossing. The channel flow/thalweg will be re -directed to the center of the channel by
removing a point bar and a section of streambank causing a pinch point immediately downstream of the sewer line. Finally, the existing vertical streambanks will be layed back/re-graded,
and the lower streambanks will be armored with riprap to prevent further lateral erosion.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Unknown

Comments:
Likely when the subdivision was developed in the early 2000s.
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?*
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?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
61
Stabilization/rerouting
Permanent
Stabilization
UT to Morris Branch
Perennial
Both
10
Average (feet)
30
(linear feet)
S2
Stabilization
Temporary
Stabilization
UT to Morris Branch
Perennial
Both
10
Average (feet)
65
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
30
31. Total stream and ditch impacts:
95
3i. Total temporary stream impacts:
65
3j. Comments:
Stream width is generally less than five feet except within the project area, where it has overwidened to approx. 10 feet.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Grading and stabilization
P
UT to Morris Branch
No
325
0
6h. Total buffer impacts:
Zone 1
Zone 2
Total Temporary impacts:
0.00
0.00

Total Permanent impacts:
Zone 1 Zone 2
325.00 0.00
Total combined buffer impacts:
6i. Comments:
Zone 1 Zone 2
325.00 0.00
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 will be minimized to the amount necessary to stabilize the streambanks and protect the sewer line crossing. Work will be mostly limited to within
the existing 20-foot sewer easement.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A pump -around will be used to allow work to be done in the dry. Work will be done during a period of low flow. Appropriate erosion control techniques will
be employed.
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:
Mitigation thresholds for stream and buffer impacts will not be exceeded.
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
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
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
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
Comments:
Project is limited to stream stabilization and existing sewer line repair.
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: *
Local funds only. Also, 15A NCAC 01C .0407 states that maintenance or repair activities on utilities within their existing ROW do not require filing of
environmental documents.

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.
Project involves protecting existing sewer infrastructure associated with an existing residential subdivision.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
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
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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS iPaC website accessed 11/17/22.
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? *
Site is not located within a coastal county.
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?*
HPOWeb 2.0 accessed 11/17/22
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
Map No. 3720072500L. Revised Date: 7/19/22.

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
Cary Park Transmittal Letter and Attachments.pdf 5.6MB
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:
Eric Kulz
Signature
Date
12/14/2022

STORMWATER DIVISION
December 14, 2022
NC Division of Water Resources
401 and Buffer Permitting Unit
1617 MSC
Raleigh, NC 27699-1617
ATT: 401 and Buffer Permitting Branch Supervisor
RE: Application for 401 WQC and Neuse Buffer Authorization
Sewer Repair/Streambank Stabilization — Cary Park Subdivision
Cary, NC
Enclosed are attachments to the Town's application for the above -referenced project. The project site
is sanitary sewer line aerial crossing over a UT to Morris Branch (Cape Fear/Jordan Lake).
Streambank and bed erosion and downcutting has exposed and undermined concrete piers supporting
an eight -inch ductile iron pipe. Lateral erosion is being exacerbated by riprap and debris in the channel
bottom and a channel pinch point immediately downstream of the sewer line.
The Town proposes the following:
1. Removal of riprap and wood debris from the channel beneath the sewer line;
2. Constructing larger and longer concrete piers around the existing piers to support the aerial
sewer crossing;
3. Removing a section of streambank causing a pinch point immediately downstream of the sewer
line, re -directing flow to the center of the channel; and
4. Laying back/re-grading the currently vertical streambanks and armoring the lower backs to
prevent further lateral erosion.
Proposed impacts are 30 LF of permanent stream impact (loss of stream length from re -alignment), 65
LF of temporary impacts (grading and bank stabilization) and 325 SF of Z1 buffer impacts (laying back
and armoring streambanks).
We are proposing the work be covered under a NW 58 from USACE and corresponding GC 4276, and
a Jordan Lake buffer authorization for impacts associated with re -grading and armoring the
streambanks.
Please feel free to contact me at [phone] if you have any questions regarding this application or
project.
Sincerely,
Eric W. ulz
Environmental Specialist
cc: File Copy
TOWN Of CARY
316 North Academy Street • Cary, NC 27513 • PO Box 8005 • Cary, NC 27512-8005
te1919-469-4030 • fax [phone] • www.townofcary.org

TABLE OF CONTENTS
401 Pre -Application Meeting Request Email
USGS Topographic Map (2019)
USDA Soils Map (1970)
Impact Maps
Aerial Photograph (2017)
Site Photos

From: Eric Kulz
To: 401PreFile( ncdenr.aov
Cc: Jan Patterson
Subject: Cary Park Stream Stabilization/Sewer Crossing Repair
Date: Monday, April 25, 2022 10:22:00 AM
Attachments: Fiaure 1 - USGS.odf
Fiaure 2 - Soils.odf
Aerial Photo.odf
Photos with caotions.odf
Project Name: Cary Park Stream Stabilization/Sewer Crossing Repair
County: Wake
Applicant Name: Town of Cary
Additional Information/Notes:
The Town of Cary is submitting this pre -filing meeting request per 40 CFR 121.4.
The Town intends to submit 404/401 application for NW 58/GC 4276 for impacts to a UT to Panther
Creek (Jordan Lake/Cape Fear basin) and associated Jordan Lake riparian buffers. An aerial sewer
crossing within the Cary Park subdivision is located within a tight meander bend in the stream, and
erosion is causing the support piers to become undermined. The Town proposes to construct larger
piers around and beneath the existing piers, and remove sediment and rock from the channel to re-
align flow and reduce the erosive force on the outer meander bend. All work is to be performed
within a Town of Cary sanitary sewer easement.
Anticipated impacts will be less than 40 feet of stream impact, and less than 1000 SF of buffer
impact. Project design drawings are currently in progress.
James Lastinger with USACE was consulted and based on the proposed scope of work, said the
project would require a NW 58.
See attached maps and photographs.
Feel free to contact me if you have any questions or wish to schedule a meeting.
Eric W. Kulz
Environmental Specialist
TOWN O f CARY, STORMWATER DIVISION
PO Box 8005 1 Cory, NC 27512-8005
316 N. Academy Street I Cory, NC 27513
phone: [phone] cell: 919.621.1044
[e-mail]
At the Town of Cary we focus every day on enriching the lives of our citizens by creating an
exceptional environment and providing exemplary services that enable our community to thrive and
prosper.

In keeping with the NC Public Records Act, emails and all attachments may be released to others
upon request for inspection and copying without prior notification.

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2019 USGS Topographic Map Stabilization/
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Cary Park S/D
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1970 USDA Soils Map
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2021 Aerial Photograph
Streambank
Stabilization/
Sewer Repair
Cary Park S/D
Cary, NC

View facing downstream toward sewer crossing. The stream is downcut to bedrock and over -widened and the crossing
is in a sharp meander bend turning left (the pipe collar on the left creates a point bar -type effect). The right side collar is
suspended. We are proposing removing the pipe and collars, replacing the pipe with another ductile iron eight -inch pipe
within a 12-inch casing pipe. We also are proposing shifting the channel to the left at the pipe crossing to reduce the
stress on the right outside meander bend at the pipe. We plan to lay the banks back some (especially the left bank) to
achieve 2:1 or 2.5:1 slopes, and then armor the bed and banks with riprap. We estimate approx. 30 LF of stream impact.

Closer view of left bank at pipe crossing.
Closer view of right bank at pipe crossing.

View from left bank to right bank across existing sewer crossing. Stream flow from right to left.