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HomeMy WebLinkAbout20201982 Ver 1_ePCN Application_20210202 I I DWR Division of Water Resources Pre-Construction Notification (PCN) Form October 26,2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* 0 Yes r No Change only if needed. BIMS#Assigned* Version#* 20201982 1 Is a payment required for this project?* ✓ No payment required What amout is owed?* ✓ Fee received F $240.00 6 Fee needed-send electronic notification r $570.00 Reviewing Office* Winston-Salem Regional Office-(336)776- Select Project Reviewer* 9800 Dave Wanucha:eads\djwanucha Information for Initial Review 1a.Name of project: Valley Forge Road Culvert Replacement la.Who is the Primary Contact?* Nancy Oberle lb.Primary Contact Email:* 1c.Primary Contact Phone:* nancy.oberle@threeoaksengineering.com (919)900-6535 Date Submitted 2/2/2021 Nearest Body of Water Cates Creek Basin Neuse Water Classification WS-V;NSW Site Coordinates Latitude: Longitude: 36.061399 -79.090272 Pre-Filing Meeting Information ID# Version 20201982 1.0 Pre-fling Meeting or Request Date* 12/17/2020 Attach documentation of Pre-Filing Meeting Request here:* Pre-Filing Meeting is not needed for Valley Forge Rd Culvert Replacement at Cates Creek-20201982 Ver 1.pdf 13.01 KB DWR Pre-Filing Meeting Request Form_Official.pdf 52.62KB A. Processing Information County(or Counties)where the project is located: Orange Is this a NCDMS Project ✓ Yes f No Is this project a public transportation project?* a Yes r No Is this a NCDOT Project?* ✓ Yes 6. No 1a.Type(s)of approval sought from the Corps: 7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) r Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes a No lb.What type(s)of permit(s)do you wish to seek authorization? 17 Nationwide Permit(NWP) r Regional General Permit(RGP) r Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? ✓ Yes ( No Nationwide Permit(NWP)Number: 14-Linear transportation NWP Numbers(for multiple NWPS): 1d.Type(s)of approval sought from the DWR: (7 401 Water Quality Certification-Regular r 401 Water Quality Certification-Express I—Non-404 Jurisdictional General Permit 17 Riparian Buffer Authorization I— Individual Permit le.Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: r Yes r No For the record only for Corps Permit: r Yes r No If.Is this an after-the-fact permit application?* ✓ Yes (2 No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes (zNo 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment Ih.Is the project located in any of NC's twenty coastal counties? ✓ Yes (zNo 1j.Is the project located in a designated trout watershed? ✓ Yes ( No B. Applicant Information Id.Who is applying for the permit? 17 Owner r Applicant(other than owner) le.Is there an Agent/Consultant for this project?* ✓ Yes r No 2.Owner Information 2a.Name(s)on recorded deed: Town of Hillsborough,ATTN:Ken Hines 2b.Deed book and page no.: 2c.Responsible party: 2d.Address Street Address 101 E.Orange St. Address Line 2 P.O.Box 429 aty State/Frovince/legion Hillsborough NC Fbstal/ZZp code Country 27278 USA 2e.Telephone Number: 2f.Fax Number: (919)732-1270 2g.Email Address:* Ken.Hines@hillsboroughnc.gov 4.Agent/Consultant(if applicable) 4a.Name: Nancy Oberle 4b.Business Name: Three Oaks Engineering 4c.Address Street Address 324 Blackwell Street,Suite 1200 Address Line 2 Criy State/Province/Region Durham NC Postal/Zip aide Country 27701 USA 4d.Telephone Number: 4e.Fax Number: (919)732-1300 4f.Email Address:* nancy.oberle@threeoaksengineering.com Agent Authorization Letter* Valley Forge Rd_Agent_Authorization_Form_Signed_Mason_Oberle.pdf 179.34KB C. Project Information and Prior Project History 1. Project Information lb.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Town of Hillsborough 2. Project Identification 2a.Property Identification Number: 2b.Property size: 9874303619,9874311418,9874400466 3.4 2c.Project Address Street Address b/w401-410 Valley Forge Road Address Line 2 Oty State/Frovince/legion Fllsborough NC Fbstal/Zip Code Country 27278 USA 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Cates Creek 3b.Water Resources Classification of nearest receiving water:* WS-V;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. 030202010303 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:* Existing land use on the project is urban with commercial and residential land uses.Valley Forge Rd is a two lane road with 10-foot travel lanes and no paved shoulder.Aside from Cates Creek,there are wetlands on the project site,on the western side of the stream.There is a sewer easement running along Valley Forge Road,and overhead power lines running through the site.The proposed project will replace the existing 3@ 96"corrugated metal pipes(CMP)with 4@ 90"CMP buried 1-foot.The proposed culverts will maintain the existing level of service.The toe of the proposed roadway fill slope in the southeastern quadrant is armored with riprap to protect again erosion from runoff.The proposed ditch in the northeastern quadrant outlets in buffer zone 1 and utilizes the flood bench riprap to dissipate flow at the outlet of the ditch.There are no proposed outlets in the wetland areas. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* ✓ Yes C• 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) ValleyForge_Permit_Topo_Updated.pdf 314.08KB 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) ValleyForge_Permit_Soils_UPDATED.pdf 347.48KB 4f.List the total estimated acreage of all existing wetlands on the property: 0.34 4g.List the total estimated linear feet of all existing streams on the property: 324 4h.Explain the purpose of the proposed project:* The purpose of the proposed project is to replace failing culverts along Valley Forge Rd at Cates Creek and maintain the existing level of service. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* After the perimeter sediment control devices have been installed along and adjacent to the stream,impervious dikes will be installed upstream and downstream of the existing CMP.The impervious dike will divert all flow into one of the existing culverts,leaving room for construction of a new pipe.The diked off area will be dewatered using pumps and excavated to the appropriate elevation.New culverts will be installed in the dewatered area,and the process will be repeated until all of the existing culverts have been replaced.Equipment to be used includes a track hoe,dump truck,paving equipment,pumps,and various hand tools. 4j.Please upload project drawings for the proposed project. Valley Forge_Hyd_Permit_12182020.pdf 2.7MB Valley Forge_Hyd_Buffer_210108.pdf 1.31MB Valley_Forge_EC_FS.pdf 19.79MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes r No r Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* ✓ Preliminary r Approved r Not Verified 6 Unknown r N/A Corps AID Number: SAW-2020-01982 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): James Mason,MS,PWS Agency/Consultant Company: Three Oaks Engineering Other: 5d1.Jurisdictional determination upload SAW_2020_01982_Valley Forge_Verification Email_12112020.pdf 103.86KB Three Oaks_Valley Forge Rd_PJD_Package_12092020.pdf 4.73MB 6. Future Project Plans 6a.Is this a phased project?* ✓ Yes f 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 1a.Where are the impacts associated with your project?(check all that apply): ®Wetlands ❑J Streams-tributaries 17 Buffers ❑Open Waters ❑Pond Construction 2.Wetland Impacts 2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of 2g.Impact Jurisdicition*(?) area* 1 Culvert-Fill P Headwater Forest WB Yes Both 0.020 (acres) 1 Culvert-Excavation P Headwater Forest WB Yes Both 0.004 (acres) 1 Culvert-Mechanized P Headwater Forest WB Yes Both 0.003 Clearing (acres) 1 Hand Clearing T Headwater Forest WA Yes Both 0.001 (acres) 1 Hand Clearing T Headwater Forest WB Yes Both 0.004 (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.005 0.027 2g.Total Wetland Impact 0.032 2h.Comments: Total excavation=185 sf,Total mechanized clearing=136 sf,total hand clearing=190 sf(13 sf in WA and 177 sf in WB). 3.Stream Impacts 3a.Reason for impact(?) 3b.Impact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* 3f.Type of 3g.S.width* 3h.Impact (?) Jurisdiction* length* S1 Cates Creek crossing Permanent Culvert Cates Creek Perennial Both 19 6 Average(feet) (linear feet) S2 Cates Creek dewatering Temporary Dewatering Cates Creek Perennial Both 19 18 Average(feet) (linear feet) S3 Cates Creek stabilization Permanent Bank Stabilization Cates Creek Perennial Both 19 62 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 68 18 3i.Total stream and ditch impacts: 86 3j.Comments: Culvert permanent SW impacts=137 sf,total temporary SW impacts=278 sf.Stream SA,which terminates within Wetland WB and becomes drainage pattern,stops within the area of hand clearing proposed in Wetland WB.Since it already becomes drainage pattern within the wetland,the proposed plan is to allow the stream to empty into the wetland as it currently does and allow the water to find a new drainage path within the wetland rather than create a channel through the wetland and increase wetland impacts. 6. Buffer Impacts(for DWR) 6a.Project is in which protect basin(s)? Check all that apply. FJ Neuse ❑Tar-Pamlico ❑Catawba ❑Randleman r Goose Creek r Jordan Lake r Other 6b.Impact Type 6c.Per or Temp 6d.Stream name 6e.Buffer mitigation required? 6f.Zone 1 impact 6g.Zone 2 impact Road Crossing-Allowable with Authorization P Cates Creek No 2,903 93 Utility-Sewer Lines— P Cates Creek No 1,083 2,769 Replacement/Rehabilitation-Allowable with Authorization 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 3,986.00 2,862.00 Zone 1 Zone 2 Total combined buffer impacts: 3,986.00 2,862.00 6i.Comments: BZ1 impacts include 1,055 sq ft of wetlands within buffer associated with the Road Crossing impacts. Supporting Documentation Valley Forge_Hyd_Buffer_210108.pdf 1.31MB E. Impact Justification and Mitigation V 1.Avoidance and Minimization 1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: To minimize the environmental impacts for the replacement of the culverts,the existing roadway is being retained except for required excavation of the pipes.There is no change to the roadway width or roadway grade,so there will be no change to the peak flow for the 1-year,24-hour storm,nitrogen or phosphorus load contributions,or total suspended solids.The fill slopes are being minimized to reduce the impacts to the buffer zones to the greatest extent practical.The toe of the proposed roadway fill slope in the southeastern quadrant will be armored with riprap to protect against erosion from runoff.The proposed ditch in the northeastern quadrant will outlet in buffer zone 1 and will utilize the flood bench riprap to dissipate flow at the outlet of the ditch.This proposed ditch replaces a steep,existing ditch being filled over.The proposed ditch matches the existing slope but includes riprap lining to minimize ditch velocity through the buffer zone to the greatest extent practical.There are no proposed outlets in wetland areas. 1b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion and sedimentation BMPs will be installed prior to construction.Construction has been sequenced and designed to avoid/minimize impacts by locating temporary diversion channels away from features.Water will be diverted around the work area to prevent sedimentation of downstream aquatic resources.Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters,restrictions against the staging of equipment in or adjacent to waters of the US and coordination with appropriate environmental staff.Please see the attached signed and sealed Erosion Control Plans for the project. 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 6 No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: The impacts to jurisdictional features as a result of this project include minimal permanent impacts.The replacement culverts will fix damaged culverts that are currently in place and will likely improve aquatic passage in the stream.The replacement culverts will include less than 10 LF of additional permanent impacts to the stream channel(aside from culvert/bank stabilization,which results in no loss of Waters of the US).Due to the minimal amount of wetland impacts associated with this project(<0.04 ac.),and the fact that they will not negatively affect the overall function of the impacted wetlands,we are proposing that no compensatory mitigation be required for these impacts. 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? 6 Yes r No What type of SCM are you providing? n Level Spreader r Vegetated Conveyance(lower SHWT) r Wetland Swale(higher SHWT) r Other SCM that removes minimum 30%nitrogen I7 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?* C Yes ( No 2b.Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)? ( Yes C No Comments: Please see the attached stormwater management plan for the project. G. Supplementary Information U 1. Environmental Documentation la.Does the project involve an expenditure of public(federal/state/local)funds or the use of public(federal/state)land?* ( Yes CNo 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(NEPAISEPA)?* C Yes ( No Comments:* This project is entirely municipally-funded;therefore,NEPA/SEPA documentation is not required. 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)?* C Yes ( No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* C Yes ( No 3b.If you answered"no,"provide a short narrative description. The proposed project is the replacement of existing culverts and is not anticipated to result in additional development. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* C Yes ( NoC 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 CNo 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ( Yes CNo 5c.If yes,indicate the USFWS Field Office you have contacted. Raleigh 5d.Is another Federal agency involved?* C Yes ( No C Unknown 5e.Is this a DOT project located within Division's 1-8? C Yes ( No 5f.Will you cut any trees in order to conduct the work in waters of the U.S.? ( Yes C No 5g.Does this project involve bridge maintenance or removal? C Yes ( No 5h.Does this project involve the construction/installation of a wind turbine(s)?* C 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 C No If yes,please provide details to include type of percussive activity,purpose,duration,and specific location of this activity on the property. Valley Forge Project Narrative.pdf 91.88KB 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPaC,NCNHP Data Explorer,on-site surveys.On-site surveys resulted in a Biological Conclusion of"May Affect,Not Likely to Adversely Affect"for Carolina madtom,Neuse River waterdog,Atlantic pigtoe,and dwarf wedgemussel.Therefore,a Self-Certification package was submitted to USFWS via email on 11/10/2021.This package is attached. Consultation Documentation Upload Town of Hillsborough_Valley Forge Rd_USFWS Self Certification Package_11102020.pdf 7.22MB 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes (7 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?* HPOWEB;SHPO cultural resources review request,submitted by the Town on 9/9/2020 via mail;received by NCDNCR on 10/7/2020(ER 20-2035). No potential historic properties are located within the project study area.Response from SHPO received October 15,2020(attached). 7c.Historic or Prehistoric Information Upload Valley Forge_Receipt of SHPO request_10092020.pdf 221.36KB ER-20-2035.pdf 152.76KB 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* ( Yes r No 8b.If yes,explain how project meets FEMA requirements: A No-Rise Certification will be obtained. 8c.What source(s)did you use to make the floodplain determination?* FEMA Floodplain Maps Miscellaneous Comments Miscellaneous attachments not previously requested. Signature * 17 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: Nancy Oberle Signature Qiezox",(240 Date 2/2/2021