20170799 Ver 3_PCN Form Submission_20200403

DWR
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
20170799
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 - [phone]
Information for Initial Review
1a. Name of project:
Mist Lake Dam Rehabilitation
1a. Who is the Primary Contact?*
Robert Gasper, P.E., City of Durham Water Management
1b. Primary Contact Email:*
[e-mail]
Date Submitted
4/3/2020
Nearest Body of Water
Goose Creek, unnamed tributary
Basin
Neuse
Water Classification
WS-N-NSW
Site Coordinates
Latitude:
36.0229
A. Processing Information
County (or Counties) where the project is located:
Durham
Is this project a public transportation project?*
r Yes r No
Longitude:
-78.8577
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#*
3
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Stephanie Goss:eads\szgoss
1c. Primary Contact Phone:*
[phone]

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
03 - Maintenance
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)iress
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. lathe 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 Real Estate Division
2b. Deed book and page no.:
Deed Book 1630, Page 228
2c. Responsible party:
Donald Greeley, P.E.
2d.Address
Street Address
City of Durham, Property & Facility Management
Address Line 2
101 City Hall Plaza
City
Durham
Fbstal / Zip Cade
27701
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
State / Rwince / legion
NC
Country
us
2f. Fax Number:
r Yes r No
r Yes r No
4a. Name:
Gerald Pottern

4b. Business Name:
Mogensen Mitigation Inc
4c.Address
Street Address
104 East Chestnut Ave
Address tine 2
aty
Wake Forest
Postal / Zip Code
27587
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Agent Authorization Signed.pdf
State / Province / I'llegion
NC
Country
US
4e. Fax Number:
296.08KB
C. Project Information and Prior Project History
I
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Durham
2. Project Identification
2a. Property Identification Number:
PIN # 0842-1648-5469
2c. Project Address
Street Address
1600 Mist Lake Drive
Address tine 2
CKY
Durham
Postal / Zip Cede
27704
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Goose Creek, unnamed tributary
3b. Water Resources Classification of nearest receiving water:*
WS-IV-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.
03020201-0403
4. Project Description and History
2b. Property size:
57.2
State / Province / Region
NC
Country
US
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:*
Mist Lake Dam is a man-made berm that impounds an excavated portion of the floodplain beside a perennial tributary of Goose Creek, just upstream of Mist Lake Drive, on the City of
Durham Water Management Facility property. Mist Lake has no inlet stream (just upland runoff) and no discrete spillway or outlet; the berm leaks and/or overflows at several low points
onto the forested floodplain east of the lake. Multiple indistinct ephemeral flow swales and two wetlands lie between the berm and the perennial stream. The lake is not subject to 404-
401 or Neuse Buffers, based on a jurisdictional determination by USACE in October 2017 and a DWR Buffer determination in June 2017. Large trees have grown up on the berm,
creating root channels that will eventually cause it to fail. The upland area west of the lake contains City office and maintenance buildings and parking areas.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
6 Yes r- No r- Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2017-01649 was issued in Oct 2017 for impacts associated with renovation and a)pansion of the Durham Water Management Facility. Mist Lake Dam rehabilitation was not
included in that scope, and is not dependent upon nor related to the other facility improvements.

Project History Upload
SAW-2017-01649 Mist Lake NWP 39+JD.PDF
670.87KB
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)
USGS Topographic Map.pdf
136.39KB
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)
PCN SOIL Maps.pdf 353.82KB
4f. List the total estimated acreage of all existing wetlands on the property:
11.22 acres -- from Oct 2017 JD
4g. List the total estimated linear feet of all existing streams on the property:
5,644 LF -- from Oct 2017 JD
4h. Explain the purpose of the proposed project:*
Mist Lake is primarily a visual amenity; it receives minimal runoff from the developed areas, most of which is now routed to the stormwater management structures included in the
Durham Water Management Facilities improvements currently under construction. The post -development watershed area is 4.3 acres, which is only 1.5 acre of land beyond the 2.8
acre pond itself. The existing berm dam (built in the 1960s) is in poor condition, with large trees, animal burrows, erosion gullies, and no functional outlet structure. The proposed repair
plan by dam engineers Schnabel Engineering involves clearing, excavating and rebuilding the dam embankment using mostly existing materials and mostly on the existing dam footprint.
The base will be widened slightly, mainly on the upstream (lake) side. Two outlet pipes will be installed through the dam. The lower elevation outlet (at the current pool elevation) will
convey normal flows to be discharged as sheet flowvia a level spreader onto the floodplain east of the lake. The higher elevation outlet, for conveying high flowevents, will discharge
onto a riprap dissipator about 300 feet southeast of the level spreader. Predicted 1-hr peak flows are 36 cfs for the 2-yr storm, 57 cis for the 10-yr storm, and 88 cis for the 100-yr
storm. A walking trail will be built along the dam crest and around the perimeter.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Construction Sequence Outline: 1. Flag limits of disturbance (LOD) for reviewand approval by the engineer. 2. Install temporary erosion and sediment control measures as shown on
the drawings. 3. Drain the lake in a controlled manner using temporary pumps or siphons (details and acceptability of temporary concentrated discharge into floodplain to be
determined). Maintain the lake in a dewatered state for the duration of construction. 4. Perform clearing within the existing dam footprint and continuing downstream to the LOD.
Properly dispose of vegetation and timber off site. Limit the use of large equipment within the small portions of the LOD which extend into delineated wetlands. 5. Install temporary
excavation dewatering measures to maintain groundwater level at least 2 It below the excavation bottom. 6. Excavate the existing embankment (excavation elevations and limits to be
determined). 7. Create stockpile areas by temporarily pushing soft reservoir sediments aside (all sediment to remain within the reservoir limits) and stockpile excavated embankment
soils onsite for moisture conditioning and reuse. 8. Demolish and properly dispose of existing spillway pipe off site. 9. Construct new embankment and principal spillway structures. 10.
Construct the level spreader and high -flow outlet structures. 10. Remove excavation devatering measures. 11. Repair and replant wetland areas and buffers damaged during
construction. 12. Re-establish original reservoir bottom profile using existing displaced sediments. 13. Re -seed all disturbed areas outside of the reservoir rim. 14. Remove reservoir
dewatering pumps, siphons, etc. 15. Refill reservoir by closing the Principal Spillway bottom drain gate. 16. Remove temporary erosion and sediment control measures once permanent
vegetation is established.
4j. Please upload project drawings for the proposed project.
Plan Sheet Impact Maps (6).pdf 1.39MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
Comments:
r No
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-2017-01649 JD and PCN verification
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Brandon McLane
Agency/Consultant Company: Timmons Group
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
JD verification by Sam Dailey, USACE on October 16, 2017. DWR Buffer determination by Jason Robinson on June 28, 2017 (NBRRO-17-192). Mist Lake is not subject to 404-401
jurisdiction nor to Neuse Buffer rules. USACE JD is uploaded with the previous PCN in section 4c above.
5d1. Jurisdictional determination upload
Buffer Determination Letter.pdf 1.61MB
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?
See response to 4c above.
D. Proposed Impacts Inventory

1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands F Streams -tributaries
F Open Waters F Pond Construction
2. Wetland Impacts
W Buffers
2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area*
W-1 grading access T ffo mland Hardwood Forest A Yes Both 0.012
(acres)
W-2
grading access ��T
ff-mland Hardwood Forest
B
Yes
Both J9=1
2g. Total Temporary Wetland Impact
0.044
2g. Total Wetland Impact
0.044
2h. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
17 Neuse
r Catawba
r Goose Creek
[ Other
2g. Total Permanent Wetland Impact
0.000
r Tar -Pamlico
r Randleman
r Jordan Lake
6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact
B-1 embankment fill, allowable
T
LIT Goose Creek
No
0
620
B-1 grading access, allowable
T
UT Goose Creek
No
3,060
2,610
B-2 grading access, allowable
T
UT Goose Creek
No
1,140
2,170
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 4,200.00 5,400.00
Zone 1 Zone 2
Total Permanent impacts: 0.00 0.00
Zone 1 Zone 2
Total combined buffer impacts: 4,200.00 5,400.00
61. Comments:
Zone 1 impact areas will be seeded with temporary groundcover and replanted with native hardwood trees and shrubs. Zone 2 impact areas will be
seeded with grasses and herbaceous groundcover on the embankment fill, and a combination of groundcover, trees, and shrubs in the areas beyond
the toe of fill. A separate form has been submitted to Durham City -County Planning Department for impacts to local riparian buffers edending out to
100 feet, as shown on plans.
Supporting Documentation
Plan Sheet Impact Maps (6).pdf 1.39MB
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:

The rebuilt dam embankment Will reuse eAsting material to the extent practicable. The required Widening of the dam base for stability will be mostly on
the upslope (lake) side of the dam to minimize wetland and buffer impacts. The level spreader will ensure diffuse flowfrom the pond outlet across the
buffer under most flow conditions. Additional flowfrom major storm events will use a riprap dissipator to prevent gully erosion on the floodplain.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
See construction description in section C4i above.
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:
Wetland impact is temporary and less than 0.1 acre. No stream impacts.
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?
r Yes r No
What type of SCM are you providing?
P Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SMNT)
r Other SCM that removes minimum 30 % nitrogen
r Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
Outlet Plan and Profiles-Mar26.pdf 398.38KB
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 Mist Lake Dam rehabilitation project includes no new built -upon area, other than the level spreader and riprap dissipator. Stormwater management measures for the Durham Water
Management Facility improvements were addressed in the 2017 plans and PCN. Mist Lake is not included as a storn eter management feature in those plans.
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
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 (NEPAUSEPA)?*
r Yes r No
Comments:*
Project does not meet SEPA thresholds.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 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
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
Neither the Durham Water Management Facility improvements nor the Mist Lake Dam rehabilitation project is expected to induce further development.
4. Sewage Disposal (DWR Requirement)

4a. Is sewage disposal required by DWR forth is 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 f• No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
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
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r Yes r No
r Unknown
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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The USFWS IPAC website lists four federally -listed or proposed species that may potentially occur in or near the Mist Lake project area: two terrestrial
plants and two aquatic animals. There does not appear to be suitable habitat in the project vicinity for Michaux's Sumac or Smooth Coneflower, based
on soils, topography, and vegetation communities. The Neuse River Waterdog (salamander) and Carolina Madtom have been reported in the Eno
River, but never in Goose Creek or Ellerbe Creek watersheds, which are heavily urbanized and no longer suitable habitat. The NC-NHP has no record
of any protected or rare species occurrence within one mile of the Mist Lake parcel. MMI also searched for evidence of bald eagle nesting or roosting
sites in October 2018, due to probmity to Falls Lake, but did not find any, and there is no record of eagle nests or roosts within three miles of Mist
Lake.
Consultation Documentation Upload
NHP Report_ Durham_ Mist_ Lake_14853.pdf 894.09KB
FWS-IPAC Rept 3apr20.pdf 202.11 KB
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-NMFS "EFH Mapper" online tool.
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?*
NC-SHPO Historic resources online mapping tool includes two historic properties about 0.5 mile from Mist Lake (see attached map). Both sites have
"surveyed only" status; neither is NRHP-listed or eligible for listing. To our knowiedege, no archaeological survey has been conducted on the
floodplain east of Mist Lake. The likelihood of significant archaeological artifacts is low, given the small size of the stream, in our opinion.
7c. Historic or Prehistoric Information Upload
PCN SHPO Historic Map.pdf 78.28KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Mapping Program online FEMA-FRIS maps, attached.
r
Miscellaneous
Comments

Agent Authorization Form from Bob Gasper, Durham Water Management Division, will be submitted as soon as I can get it. The City of Durham's computer systems are being repaired
after a malware attack.
Miscellaneous attachments not previously requested.
PCN FEMA FLood Map.pdf
133.36KB
Signature U
fJ 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:
Gerald Pottern
Signature
%-tT
Date
3/27/2020

AGENT AUTHORIZATION FORM -- Clean Water Act 404-401-Buffer Permit
PROPERTY LEGAL DESCRIPTION: City of Durham - Water Management
LOT NO.
STREET ADDRESS
Please print:
PLAN No. PARCEL ID: PIN # 0842-1648-5469
1600 Mist Lake Drive, Durham, NC
Property Owner 1: City of Durham, Water Management
Property Owner 2:
The undersigned, registered property owners of the above noted property, do hereby authorize
Gerald Pottern of Mogensen Mitigation Inc. (MMI-RJGA)
(Contractor / Agent) (Name of consulting firm)
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.
Property Owner's Address (if different than property above):
name: Donald F. Greeley, Director
address: City of Durham, Water Management, 101 City Hall Plaza, Durham NC 27701
Telephone: [phone] Email: [e-mail]
We hereby certify the above information submitted in this application is true and accurate to the best of
our knowledge.
r:�
Authorized Signature Authorized Signature 2
Date: A1/1Z v Date:

USGS Topographic Map, Northeast Durham NC

USDA- NRCS Soil Survey of Durham County, Sheet 22