20201392 Ver 1_401 Application_20201106

DWR
Division of Water Resources
1a. Name of project:
Heater Park Streambank Stabilization
1a. Who is the Primary Contact?
Eric Kulz
1b. Primary Contact Email:
[e-mail]
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
September 1, 2020 Ver 3.2
1c. Primary Contact Phone:
[phone]
Site Coordinates
...................................................................................................................................................................................................................................................................................................................................................................
Latitude: Longitude:
35.782519-78.786815
A. Processing Information
County (or Counties) where the project is located:
Wake
Nearest Body of Water
Is this a NCDMS Project*
r Yes r- No
Is this project a public transportation project?
r Yes r• No
la. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F- Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
V Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified bythe Corps?
Yes r• No
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
P1 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
le. Is this notification solelyfor the record because written approval is not required?
For the record onlyfor DWR 401 Certification:
For the record onlyfor Corps Permit:
1f. Is this an after -the -fact permit application?
r Yes r- No
F- 401 Water Quality Certification - Express
W Riparian Buffer Authorization
r Yes r• No
r Yes c No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?

r Yes � No
Acceptance Letter Attachment
1 h. Is the project located in any of NC's twenty coastal counties?
r Yes (-- No
1j. Is the project located in a designated trout watershed?
c Yes r• No
[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:
Town of Cary
2b. Deed book and page no.:
02327/0621
2c. Responsible party:
Eric Kulz
2d.Address
Street Address
Town of Cary
Address Line 2
P.O. Box 8005
atY
Cary
Postal / Zp Code
27512-8005
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
NA
1c. Nearest municipality/town
Cary
2, Project Identification
State / Aovince / Regim
NC
Country
USA
2f. Fax Number:
2a. Property Identification Number:
2b. Property size:
RealID# 0102954
1.49
2c. Project Address
Street Address
400 S. West Street
Address Line 2
[Sty
State / Aovince / Regim
Cary
NC
Fbstal / Zp Code
Country
27511-3240
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT to MacGregor Downs Lake (Swift Creek)

3b. Water Resources Classification of nearest receiving water:*
WS-III; NSW
3d. Please provide the 12-digit HUC in which the project is located.
030202011001
3c. What river basin(s) is your project located in?*
Neuse
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 site is a linear Town park located in an older residential section of Cary, east of downtown. The park is grassed and has scattered large hardwood trees, and the UT to Swift Creek
flows from east to west before entering a culvert beneath Heater Drive. The area was developed with single-family residences in the 1950s-1960s.
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
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)
Figure 1 - USGS.pdf
107.62KB
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)
Figure 2 - Soils.pdf 124.73KB
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:
500
4h. Explain the purpose of the proposed project:*
The stream that flows through the park has two areas of significant streambank erosion. The upstream area (Area A) is experiencing lateral migration that is threatening to undermine a
sidewalk along the south side of the park. The downstream area (Area B) is located immediately upstream of a culvert and headwall system which conveys the stream to the west
beneath Heater Drive. The stream path has a tortuous meander before making the final approach to the culvert, and storm flow is eroding behind the headwall.
The purpose of the project is to repair the eroded areas in order to protect the epsting infrastructure through relocation of the channel and stabilization of re -constructed banks.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
At the upstream Area A, our proposed plan is to relocate 60 feet of the channel to the north approximately four feet, re-grade/reconstruct the streambank at a 2:1 ratio, and then
stabilize the streambank down to the newtoe of slope with a combination of riprap (lower slope) and coir matting and seeding (upper slope).
Similar to upstream, the proposed plan at Area B is to shift approximately 25 feet of the channel approx four feet to the north, eliminating a portion of a bar which causes a pinch point
in the channel before entering the culvert. The streambank adjacent to the headwall will be regraded at a 1.5:1 slope and stabilized with riprap. The cut slope of the bar will be stabilized
with coir and seeded.
Typical construction equipment including a backhoe will be used for the project. No indirect impacts are anticipated.
4j. Please upload project drawings for the proposed project.
DS Plan View Existing.pdf
638.41 KB
DS Plan View Proposed.pdf
706.21 KB
DS XS 3 Existing and Proposed.pdf
602.47KB
DS XS 4 Existing and Proposed.pdf
698.89KB
US Plan View Existing.pdf
1.31 MB
US Plan View Proposed.pdf
1.36MB
US XS Existing.pdf
656.93KB
US XS Proposed.pdf
639.8KB
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:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary - Approved r Not Verified r Unknown r• N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:

Other:
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
C 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):
F Wetlands r Streams -tributaries W Buffers
F- Open Waters F- Pond Construction
3. Stream Impacts
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*
S1
Relocation/Stabilization
Tem orar
P Y
Relocation
UT to Swift Creek
Perennial
Both
8
Avaage (feet)
60
(linear feet)
S2
Relocation/Stabilization
Tem orar
P Y
Relocation
UT to Swift Creek
Perennial
Both
8
Average (feet)
25
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 85
3i. Total stream and ditch impacts:
85
3j. Comments:
Impacts involve relocating the base -flow channel away from the threatened infrastructure and re -construction and stabilization of banks.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
* Neuse
* Catawba
* Goose Creek
F- 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
Stabilization (riprap)
P
UT to Swift Creek
No
150
0
Stabilization (Coir and seed)
T
UT to Swift Creek
No
110
0
Stabilization (riprap)
P
UT to Swift Creek
No
120
0
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 110.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 270.00 0.00
Zone 1 Zone 2
Total combined buffer impacts: 380.00 0.00

6i. Comments:
At Upstream Area A, stabilization will employ riprap underlain with geotextile in higher energy lower slopes and at Area 2 where the water backs up at
the culvert, and coir and seeding along the upper, lower -energy banks at Upstream Area A.
Supporting Documentation
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 are unavoidable as infrastructure is being threatened at both the upstream and downstream locations (sidewalk and headwall). The amount of
relocation was limited to what was deemed necessary to protect the sidewalk and downstream headwall fromfuture damage.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Typical erosion control techniques will be used. Work will be conducted during a lowflow, period. Due to the lowflowand shallowdepth of water in the
channel, using a pump -around is impractical. At both locations, the newoffline channel location will be constructed, and then the flowwill be turned
into the newchannel, and then the banks will be reconstructed and stabilized.
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:
Streambank stabilization projects do not typically require compensatory mitigation
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?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
r Other SCM that removes minimum 30% nitrogen
• 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?*
Yes (-- No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes r. 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
c N/A- project disturbs < 1 acre
No
Comments:
Project does not create new concentrated stormvvater flows, and work is limited to stream channel and banks. The remainder of the park will not change conditions from current grassed
state.
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? *
s Yes r 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)?*
r Yes r- No

Comments:*
Local funds only.
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 c 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.
The project purpose is to protect existing infrastructure.
4. Sewage Disposal (DWR Requirement)
4a.Issewage disposal required by DWR for this project?*
I- Yes I- 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?*
r• Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes No r Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes c 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 (- No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
C Yes r• 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.?
Q Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?*
NCNHP website (10/14/20) and USFWS iPac website (10/14/20).
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?*
c Yes r• No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
Project 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?*
r- Yes (- No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC Historic Preservation Office HPOWEB Service (accessed 10/14/20). One element, the N.W. R Eileen Northcutt house, is located across Heater
Drive to the west of the park property, at 402 Heater Drive. The proposed project work will be done on park property only, and will not affect the
property at 402 Heater Drive.

7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes c No
8c. What source(s) did you use to make the floodplain determination?*
Map No. 3720076300J Date: 5/2/06.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Heater Pk Erosion Work Areas.pdf
Streambank Erosion Photos.pdf
Signature
*
W By checking the box and signing below, I certify that:
89.5KB
1.08MB
• 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
1 1 /6/2020

f
FIGURE 1
USGS TOPOGRAPHIC MAP
CARY QUADRANGLE
T 2016
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Streambank
Stabilization
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USDA SOILS MAP
WAKE COUNTY SOIL SURVEY
T 1970
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Streambank
Stabilization
Cary, NC

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DS Area B Streambank Erosion

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