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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