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HomeMy WebLinkAbout20110666 Ver 1_401 Application_20110711AECOM TO: NC DWQ 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699 WE ARE SENDING YOU ? Attached ? Prints ? Shop Drawings ? Change Order ? Copy of Letter Letter 241 10666 DATE: 11-Jul-11 PROJECT NO.: 60184291.12.02 ATTENTION: Amy Chapman RE: Hogan Lane Water and Sewer Extensions PCN Application ? Under separate cover via the following items: ID Plans ? Samples ? Specifications COPIES DATE NO. DESCRIPTION 3 PCN Form 3 Agent Authorization Form 3 Statement of Availability 2 24"X36" Plans - Full Size 3 11 "X17" Plans I mC.JC Ar rZ 1 rVANOMl 1 1 CU HJ l rIlLU tU tStLUVV: IZI For approval ? Approved as submitted ? For your use ? Approved as noted ? As requested ? Returned for corrections ? For review and comment ? ? For Bids Due .2011 ? Prints Returned After I nan to I Ic COPY TO: Project File 60184291/500 SIGNED: Beth Steffens If enclosures are not as noted, kindly notify us at once. 701 Corporate Center Drive, Suite 475, Raleigh, North Carolina 27607-5074 Telephone 919.854.6200 Facsimile 919.854.6259 ? Resubmit copies for approval ? submit copies for distribution ? Return corrected prints 20110666 ot W A TF19 ti T. > 1 o < Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ? Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ?X Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ? No For the record only for Corps Permit: ? Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ?X Yes ? No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes ?X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes X? No 2. Project Information 2a. Name of project: Hogan Lane Water and Sewer Extension 2b. County: Wake 2c. Nearest municipality / town: Raleigh 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: 3 201, 3. Owner Information NR . 3a. Name(s) on Recorded Deed: City of Raleigh 3b. Deed Book and Page No. MB 1969, Page No. 26; MB 2011, Page 164 3c. Responsible Party (for LLC if applicable): City of Raleigh - Public Utilities Department 3d. Street address: 1 Exchange Plaza, Suite 620 3e. City, state, zip: Raleigh, NC 27602 3f. Telephone no.: 919-857-4544 3g. Fax no.: 919-857-4545 3h. Email address: aaron.brower@raleighnc.gov Page 1 of 10 PCN Form - Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Beth Steffens 5b. Business name (if applicable): AECOM 5c. Street address: 701 Corporate Center Drive, Suite 475 5d. City, state, zip: Raleigh, NC 27607 5e. Telephone no.: 919-256-6311 5f. Fax no.: 919-854-6259 5g. Email address: beth.steffens@aecom.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0794-23-5162 1 b. Site coordinates (in decimal degrees): Latitude: 35.7915 Longitude: -78.688 1 c. Property size: 0.33 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Rocky Branch 2b. Water Quality Classification of nearest receiving water: C, NSW 2c. River basin: Neuse 3. Project Description 3a. 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 located in a residential housing area that is maintained by the homeowners. 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 40 3d. Explain the purpose of the proposed project: Replacement of existing 18-inch sewer line for maintenance reasons and extension of sewer line at the request of the property owners. 3e. Describe the overall project in detail, including the type of equipment to be used: The sewer lines will be installed using an open-trench method. Backhoes and trench boxes will be used as applicable. 4. jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ? Yes ? No ?X Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ?Yes ? No X? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ?X No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ? Streams - tributaries X? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one Choose one Yes/No W2 Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No W4 Choose one Choose one Yes/No - W5 Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one S2 - Choose one - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form - Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Tem ora T 01 Choose one Choose 02 Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes F] No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then ou MUST fill out Section D of this form. 6a. Project is in which protected basin? pX Neuse Tar-Pamlico Catawba ? Randleman ? Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number - mitigation impact impact Permanent (P) or required? (square (square Temporary T feet feet B1 T open trench/refill Rocky Branch Yes 100 200 B2 - Yes/No B3 - Yes/No B4 Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 100 200 6i. Comments: Impact measurement calculated from edge of 30' existing City of Raleigh sanitary sewer to edge of Zone 1 and Zone 2 Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. All impacts will be temporary. All areas of disturbance will be returned to grade and contours and seeded. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion and sedimentation control devices will be installed prior to land disturbing activities and the contractor will be instructed to minimize land disturbance during construction. 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 yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Makin a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires X Yes No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 new sewer/open trench 0 3 (2 for Catawba) 300 Zone 2 1.5 6f. Total buffer mitigation required: 300 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). Payment to a private mitigation bank is proposed. A statement of availability from EarthMark North Carolina, LLC is attached. Per the NCDENR Buffer Interpretation/Clarification Memo #2011-001 dated 3/3/2011 6h. Comments: Installing a new non-electric utility line outside of a maintained corridor of an existing utility line easement: In Zone 2 (Allowable), In Zone 1 (Allowable w/Mitigation). Therefore mitigation is only required for the portion of the line being installed in Zone 1. Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ? Yes ?X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? ? Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): ? Phase II ? NSW ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? []Yes ? No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): []Coastal counties ?HQW ?ORW []Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ? No use of public (federal/state) land? 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 ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes ?X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ?Yes ?X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ?Yes ?X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 9 of 10 PCN Form - Version 1.4 January 2009 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. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ? No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ? Yes ? No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ? No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? I,I:1AFiFTq 4rl; Fi'NS CF. S!#? 7/1/0// Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Date Page 10 of 10 SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO, na PLAN NO. na PARCEL ID: 0794-23-5162 STREET ADDRESS: 603 Royal Street Raleigh, NC 27607 Please print: City of Raleigh - Sewer Easement Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Beth Steffens AECOM of (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): Z Exchange Plaza, Suite 620, Raleigh, NC 27602 Telephone: 919-857-4545 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Authorized Signature Date: Q/ Date: ??l?c !J/Y???r?s b•??? Forrest Creek Riparian Buffer Mitigation Bank Statement of Availability-June 10, 2011 NC Division of Water Quality U.S. Army Corps of Engineers Ms. Lia Myott Gilleski Mr. Monti Matthews 401 Oversight/Express Permitting Unit CESAW-RG-R 1650 Mail Service Center Raleigh Regulatory Field Office Raleigh, NC 27699-1650 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Hogan Lane Water and Sewer Extension This document confirms that City of RalieghlApplicant) for the Hogan Lane Water and Sewer Extension has expressed an interest to reserve 100 Square feet of Riparian Buffer Mitigation Credits/Units from the Forrest Creek Riparian Buffer Mitigation Bank. The Forrest Creek Riparian Buffer Mitigation Bank (Banker) attests to the fact that 100 Square Feet of Mitigation is currently available for immediate transfer from its Official Bank Credit Ledger to Applicant as of this date. Banker will notify applicant if the 100 credits/units become considered "At Risk" of not being available upon permit issuance. Credits are not considered secured until payment in full is received from the Applicant resulting in the issuance of a Bill of Sale and Affidavit of Sale by the bank acknowledging that the applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Affidavit of Sale within ten (10) days of receipt of the balance of the Purchase Price. Banker shall provide to Applicant with a copy of the Affidavit of Sale and a documented copy of the debit of credits from the Bank Official Credit Ledger showing the permit number and the resource type secured by the applicant. A copy of the Affidavit of Sale, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 239-872-1678 Best Regards /&44 k;k_ Matthew R. Fisher EarthMark North Carolina, LLC An Affiliate of EBX 909 Capability Drive Suite 3100 Raleigh, NC 27606