HomeMy WebLinkAbout20241155 Ver 1_ePCN Application_20240826i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
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.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version# *
20241155 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Central Office - (919) 707-9000
Information for Initial Review
la. Name of project:
Southwest Angier Drainage Basin Flood Mitigation Measure #3
1a. Who is the Primary Contact?*
Philip May
1b. Primary Contact Email: *
philm@inverenv.com
Date Submitted
8/26/2024
Nearest Body of Water
UT to Black River
Basin
Cape Fear
Water Classification
QSw
Site Coordinates
Latitude:
35.5028640
A. Processing Information
Longitude:
-78.7388253
Is this project connected with ARPA funding?
Yes No
Please provide the DWI ARPA Funding Project Number (le: SRP-W-ARP-0321)
SRP-SW-ARP-0006
County (or Counties) where the project is located:
Harnett
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Sue Homewood:Sue.Homewood
1c. Primary Contact Phone:*
(919)606-1065
$570.00
$767.00
n
Q
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
1a.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
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 03 - Maintenance
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. 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
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. 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
1d. 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:
Town of Angier - to acquire right of way for project
2b. Deed book and page no.:
2c. Contact Person:
Jimmy Cook, Project Manager
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
55 N Broad Street West
Address Line 2
PO Box 278
city
Angier
Postal / Zip Code
27501
2e. Telephone Number:
(919)331-6708
2g. Email Address:*
jcook@angier.org
4. Agent/Consultant (if applicable)
4a. Name:
Philip May
4b. Business Name:
Inver Environmental Consulting, LLC
4c.Address
Street Address
102 W 3rd Street
Address Line 2
Suite 1000
city
Winston-Salem
Postal / Zip Code
27101
4d. Telephone Number:
(919)606-1065
4f. Email Address:*
philm@inverenv.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Angier NC
2. Project Identification
2a. Property Identification Number:
See attached plans
2c. Project Address
Street Address
296 S Broad Street East
Address Line 2
City
Angier
Postal / Zip Code
27501
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT to Black River
3b. Water Resources Classification of nearest receiving water:"
C;Sw
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
1.14
State / Province / Region
NC
Country
USA
I
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.
030300060101
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 is an existing crossing of S Broad Street East and Hidden Acres Estates access drive over an unnamed tributary to the Black River. The stream passes under both streets just
south of their junction (Figure 1).The vicinity of the project is single and multi -family residential and wooded land, along with commercial development upstream.
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:
182
4h. Explain the purpose of the proposed project: *
The stream overtops both S Broad Street East and Hidden Acres Estates access drive on a regular basis, and also is causing erosion at the roadside and flooding in adjacent properties.
The project will realign the current Y junction of the two roads so that Hidden Acres Estates T's into S Broad Street East. The two existing crossings (2 60"x46" corrugated metal arch pipes
and 2 48" reinforced concrete pipes) would be removed, and replaced with one 6' high by 16' wide 44-ft long reinforced concrete box culvert.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will entail a re -alignment of S Broad Street and Hidden Acres Estate roads to form a T-junction with one stream crossing under the former. The construction sequence will be
five phases as described in the attached cover letter.
In conjunction with the proposed work, debris upstream to Raleigh Road will be cleared (Figure 5), and the dense brush will be removed by hand to prevent logjams and flooding of
adjacent residential properties. No equipment or work in the water is proposed in this segment of stream above the project area shown in the attached engineering plans and figures.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No C Unknown
Comments:
Site was inspected for wetlands on 5/31/24. Stream SA is the only potential WOTUS present
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
Philip May
Inver Environmental Consulting, LLC
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 work addresses the issues at the stream crossings and alleviates future drainage issues. While this project is part of an overall basin assessment to alleviate
flooding/stormwater issues, the flood mitigation measure is a stand-alone project to address localized flooding and functions separately from any other measures that may be proposed at
other locations.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
3. Stream Impacts
F
3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact
?) Jurisdiction* length*
O
S1
Access/dewatering
Temporary
Dewatering
SA
Perennial
Both
12
10
Average (feet)
(linear feet)
S2
Riprap on banks
Permanent
Stabilization
SA
Perennial
Both
12
102
Averege (feet)
(linear feet)
S3
Culvert
Permanent
Culvert
SA
Perennial
Both
12
14
Averege (feet)
(linear feet)
S4
Riprap in bed
Permanent
Rip Rap Fill
SA
Perennial
Both
12
17
Average (feet)
(linear feet)
S5
Stream realignment
Permanent
Relocation
SA
Perennial
Both
12
39
Averege (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
172
3i. Total stream and ditch impacts:
182
31. Total temporary stream impacts:
10
3j. Comments:
Note that approximately 70 linear feet of stream currently in pipes/culverts will be daylighted as part of the reduction from two to one stream crossing.
The only permanent loss of Waters of the US is 14 linear feet of fill at the outlet end of the new culvert.
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 proposed design provides adequately sized culvert under the realigned S Broad St East, and removes a second crossing under Hidden Acres
Estates. Armoring of the banks is proposed to ensure future stability as this stream drains a significant portion of downtown Angier. A majority of the
current banks are unstable.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction will occur in a sequence that allows culvert removal and installation and stream relocation to occur in the dry as described in the cover
letter. Sediment and erosion control measures will be installed, monitored and maintained throughout construction in compliance with the NPDES permit
for construction activities.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed project does not result in a permanent net loss of stream. The only proposed permanent loss is 14 linear feet at the outlet end of the new culvert. The overall 182 linear feet
of existing stream channel within the project area, much of which is already degraded with unstable banks, will be replaced by a total of 245 linear feet of channel including existing
stabilized channel and relocated segment.
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 project is in the Cape Fear River Basin below Jordan Lake. Therefore no riparian buffer rules are in effect.
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
N/A - project disturbs < 1 acre
No
Comments:
No additional impervious surface is proposed for the project and the net change in impervious is a decrease. No SMP is required and current discharges are being stabilized and routed to
the new channel.
L
L
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes 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)?*
Yes No
Comments:'
ARPA projects do not require NEPA/SEPA document preparation
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.
This is a maintenance project to address drainage issues. No additional lanes or improved access would result from the project.
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 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
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?
IPaC database and NCNHP Data Explorer, as well as site habitat review. See cover letter for more information. No bats are listed in the IPaC database
for this site.
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?
NOAA 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?"
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
NC SHPO HPOWeb mapper
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?"
NC Flood Mapping Program
Miscellaneous
O
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
S_Broad_PCN_Attachments.pdf 45.18MB
File must be PDF or KMZ
Comments
Please refer to the attached PDF file containing the following exhibits (electronically bookmarked):
Cover letter
- Figures 1-6
Site Photographs
APT Report
IPaC Report
- NCNHP Report
Engineering Drawings
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:
Philip May
Signature
Date
8/26/2024
8