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HomeMy WebLinkAbout20180049 Ver 2_PCN Form Submission_20191210DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned 20180049 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Eno River Outfall Upgrade Phase I & II - East and West 1a. Who is the Primary Contact?* Robert Lepsic 1b. Primary Contact Email:* blepsic@sepiinc.com Date Submitted 12/10/2019 Nearest Body of Water Eno River Basin Neuse Water Classification WS-N, B; NSW and WS-N; NSW Site Coordinates Latitude: Longitude: 36.070799-78.909369 A. Processing Information County (or Counties) where the project is located: Durham Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W 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? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 2 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Stephanie Goss:eads\szgoss 1c. Primary Contact Phone:* (919)747-5857 V 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 12 - Utility Lines le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - E)press V 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 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? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W 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: City of Durham, Department of Water Management 2b. Deed book and page no.: 2c. Responsible party: Don Greeley 2d.Address Street Address 101 City Hall Plaza Address Line 2 aty Durham Postal / Zip Cate 27701 2e. Telephone Number: (919)560-4381 2g. Email Address:* don.greeley@durhamnc.gov 4. Agent/Consultant (if applicable) State / Province / Region NC Country USA 2f. Fax Number: r Yes r No r Yes r No 4a. Name: Robert Lepsic 4b. Business Name: SEPI Inc. 4c.Address Street Address 1 Glenwood Ave Address Line 2 Suite 600 City Raleigh Postal / Zip Code 27603 4d. Telephone Number: (919)747-5857 4f. Email Address:* blepsic@sepiinc.com Agent Authorization Letter* 2019.10.17_Agent Authorization Form.pdf State / Amine / legion NC Country USA 4e. Fax Number: 34.22KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Durham 2. Project Identification 2a. Property Identification Number: 0824-04-63-0939 2c. Project Address Street Address 5101 N Roxboro Street Address Line 2 City Durham Postal / Zip Code 27704 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Eno River 3b. Water Resources Classification of nearest receiving water:* WS-IV, B; NSW and WS-N; NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010304 4. Project Description and History 2b. Property size: State / Province / legion NC Country USA 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:* This is a request for a revision to the U.S. Army Corps of Engineers Nationwide Permit Verification (SAW-2017-00096), and N.C. Department of Water Resources 401 Water Quality Certification and Neuse Buffer Authorization (NCDWR Project No. 18-0049) issued for the Eno River Outfall Upgrade project located in Durham, Durham County, North Carolina. The entire project extends from Guess Road to the eAsting Eno Lift station north of the Hanson Stone Quarry. The section of the project roughly between North Roxboro Road and the lift station (Phase 1) is currently under construction. This request is for revisions to the alignment between Guess Road and North Roxboro Road (Phase 11). The Phase II alignment was modified due to design changes, property owner requirements and other engineering factors. The alignment shift resulted in a change in the amount of impacts. In addition, a newarea was added at the West Point on the Eno. This request and attached documents outline all changes in the impacts. This request was submitted to the USACE and NCDWR via email on 10/20/2019. Based on comments received from NCDOT the construction access from Guess Road was realigned. This increase wetland impacts at Site 13. This change was submitted to the USACE and and NCDWR via email on 11/18/2019 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 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2017-00096 and DWR #18-0049 Project History Upload 2017-00096 Eno River Ouffall NWP 12.pdf 93.76KB 20180049 Ver 1 - 401 Approval Letter - 452018.pdf 599.58KB 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) Eno River Outfall Fig. 3 USGS Topo Map.pdf 699.67KB 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) Eno River Ouffall Fig. 4 Soils Map.pdf 778.77KB 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* The following project purpose was included in the original 1/9/2018 PCN form. The purpose of the proposed project is to construct and replace approx 18,214 LF of a 24-, 36-, and 48-inch gravity sewer line ouffall along the Eno River, Crooked Creek, Jumping Run, and Mill Creek stream corridors. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The following project description was included in the original 1/9/2018 PCN form. The project will consist of construction in both eAsting and new utility easement corridors. Construction will involve clearing obstructive vegetation from new and eAsting utility easements as needed, excavation of sewer line trench, installation of a 24-, 36-, or 48-inch sewer line, and back -fill with native soil. Heavy equipment will be utilized, e.g. dump trucks, back hoes, etc. Construction equipment will utilize mats in wetland areas to minimize wetland impacts and temporary wetland impact areas will reseeded with a wetland plant mix and allowed to revegetate naturally. Where possible streams will be crossed perpendicularly, and impacted stream beds will be restored to original elevations following construction. Erosion control measures are proposed along the entire construction corridor. A permanent 10 ft. maintenance easement will be maintained following construction. 4j. Please upload project drawings for the proposed project. 2019.10.17-30790012-ImpactMaps-Phase 2-SEALED.pdf 2.36MB 2019.11.6 Revised Sheet W6.pdf 255.99KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No O Unknown Comments: Wetlands and streams were delineated and verified under the original permit approvals. A PJD and buffer verification request for the the new section of sewer through the West Point of the Eno is included in this application. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r- Not Verified r Unknown r N/A Corps AID Number: SAW-2017-00096 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Bob Lepsic Agency/Consultant Company: SEPI Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE 1/20/2017 NCDWQ 12/30/2016 The attached determinations cover the original alignment. A verification request for the new area at West Pint on the Eno is included with this request. 5d1. Jurisdictional determination upload SKMBT_C22017032915030.pdf 342.8KB SKMBT_C22017032914130.pdf 79.92KB 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts m Buffers 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area 16 sewer line construction T Seep WC ff-_-] Corps 0.004 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.004 0.000 2g. Total Wetland Impact 0.004 2h. Comments: These are only "new" wetland impacts at West Point on the Eno site (Site 16). All other impacts shown in the attachments were approved in the previous authorizations. However, the amount of the impacts have changed. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. 17 Meuse r Tar -Pamlico r Catawba r Randleman r Goose Creek r Jordan Lake r Other u 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact allowable not perpendicular T Mill Tail Race and Eno River No 0 4,116 allowable perpendicular T Mill Tail Race and Eno River No 492 204 Allowable w/mitigation T Mill Tail Race and Eno River No 4,084 0 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 4,576.00 4,320.00 Zone 1 Zone 2 Total Permanent impacts: 0.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 4,576.00 4,320.00 61. Comments: These are only "news' buffer impacts at West Point on the Eno site (Site 16). All other impacts shown in the attachments were approved in the previous authorizations. However, the amount of the impacts have changed. Supporting Documentation 2019.10.17-30790012-ImpactMaps-Phase 2-SEALED.pdf 2.36MB 2019.11.6 Revised Sheet W6.pdf 255.99KB E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: All term and conditions in the original authorization will still apply and be followed. The following measures will be implemented to reduce impacts. Construction equipment will utilize mats in wetland areas to minimize wetland impacts and temporary wetland impact areas will be re -seeded with a wetland plant mix and allowed to revegetate naturally. Temporary stream impacts will be restored to preconstruction elevations using native bed materials. Permanent stream impacts will be restored to preconstruction elevations using rip rap allowing native bed material to reestablish overtime. Parallel Zone 1 buffer impacts that occur within forested areas within the temporary project construction corridor will be replanted using two native tree, shrub, or forest species, and monitored until a species density of 260 trees per acre is attained at maturity. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All term and conditions in the original authorization will still apply and be followed. The following measures will be implemented to reduce impacts. Construction equipment will utilize mats in wetland areas to minimize wetland impacts and temporary wetland impact areas will be re -seeded with a wetland plant mix and allowed to revegetate naturally. Temporary stream impacts will be restored to preconstruction elevations using native bed materials. Permanent stream impacts will be restored to preconstruction elevations using rip rap allowing native bed material to reestablish overtime. Parallel Zone 1 buffer impacts that occur within forested areas within the temporary project construction corridor will be replanted using two native tree, shrub, or forest species, and monitored until a species density of 260 trees per acre is attained at maturity. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Additional mitigation is not required based on reviewof impacts. Buffer mitigation for Zone 1 Mitigable permanent impacts was provided for in the original authorization. The realignment decrease these mitigable impacts. Impacts to stream and wetlands will not result in a permanent loss of their functions. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. 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 What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) r Other SCM that removes minimum 30 % nitrogen P Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: The proposed project will not result in additional impervious surfaces. 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?* r Yes r No U 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)? * C Yes r No Comments:* No state or federal funds will be used for project. 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)? * r Yes r No I Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* O Yes r No 3b. If you answered "no," provide a short narrative description. The proposed construction will occur within existing utility easement where possible. The sewer line will be tied to existing City of Durham sewer outfalls. 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 f• No 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No r Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC NHP data, USFWS Durham County list, previous authorizations. Consultation Documentation Upload 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?* NOAA EFH mapper and previous authorizations. 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?* NCSHPO correspondence, previous authorizations. 7c. Historic or Prehistoric Information Upload ER 16-1926.pdf 107.51 KB 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: A Floodplain Development Permit Application has been submitted to Durham County Development Services 8c. What source(s) did you use to make the floodplain determination?* FIRM panel 0824 Miscellaneous Comments This is a request for a revision to the U.S. Army Corps of Engineers Nationwide Permit Verification (SAW-2017-00096), and N.C. Department of Water Resources 401 Water Quality Certification and Neuse Buffer Authorization (NCDWR Project No. 18-0049) issued for the Eno River Outfall Upgrade project located in Durham, Durham County, North Carolina. The attached information packets contain all information relating to the changes in the previously authorized impacts and the new impacts at the West Point on the Eno Site. The attached packets were submitted to the USACE and NCDWR, via email, on 10/20/2019 and 11/18/2019. Miscellaneous attachments not previously requested. Eno Permit Revision Request_20191022.pdf 8.21 MB Access Revision Packet20191106.pdf 1.06MB Signature * R 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: Robert Lepsic Signature AaI?fk Date 12/10/2019 RALEIGH: 1 GLENWOOD AVENUE, SUITE 600, RALEIGH, NC 27603 S H P I OFFICE: 919.789.9977 / FAX: 919.789.9591 / WWW.SEPIINC.COM AGENT AUTHORIZATION FORM All Blanks to be Filled in by the Municipal Official Name: City of Durham, Department of Water Mana,gement Address: 101 City Hall Plaza, Durham NC 27701 Phone: 919-560-4381 Project Name/Description: Eno River Outfall Upgrade Phase I & II — East and West I, the municipal official, do hereby authorize SEPI Engineering & Construction, Inc. to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached for the above reference project. I hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. By: By: P Print l ���� �V�G V'CN__ Sig ure: Date:. �%�� 2C)tq - x UT to Eno - Mill Tail RaceWA WB WC Copyright:© 2013 National Geographic Society, i-cubed 0 100 20050Feet Legend Study Area Ju risdictional Surface Wate rs Po ten tia lly Jurisdictiona l Wetlan ds This Exhibit is for planning purposes only and shownherein does not meet NC 47-30 Requirem ents andtherefore is not for design, construction, or recording ortransfer of title. The Exhibit was com piled from availableinformation obtained from the sources listed below. Sources:NCDOT, NC OneM ap, ESRI April 2019 ±Eno River Outfall Phase II - Argonne SiteCity of DurhamDurham County, North Carolina Figure 3. USGS Topo Map WA WB WC 0 100 20050Feet Legend Study Area Ju risdictional Surface Wate rs Po ten tia lly Jurisdictiona l Wetlan ds This Exhibit is for planning purposes only and shownherein does not meet NC 47-30 Requirem ents andtherefore is not for design, construction, or recording ortransfer of title. The Exhibit was com piled from availableinformation obtained from the sources listed below. Sources:NCDOT, NC OneM ap, ESRI April 2019 ±Eno River Outfall Phase II - Argonne SiteCity of DurhamDurham County, North Carolina Figure 4. Soils Map NRCS Soil Su rve yCp - Cong aree silt loamWsC - Wh ite Store sa ndy loam, 6 to 10 percent slopes UTtoEno-MillTailRace