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HomeMy WebLinkAbout20201975 Ver 1_401 Application_20210209DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 26, 2020 Ver 3.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govMaterResources/0/edoc/624704/PCN % 20Help / 20File % 202015-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Durham Is this a NCDMS Project* r Yes r No nick Yes, only if NCIXvB is the applicant a co -applicant. Is this project a public transportation project?* r Yes r No This is any publicly funded by rrunicipaistate a federal funds road, rail, airport transportation project. 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) Has this PCN previously been submitted?* r Yes IT No 1b. What type(s) of permit(s) do you wish to seek authorization?* fd Nationwide Permit (NWP) F- Regional General Permit (RGP) F_ Standard (IP) This form may be used to initiate the standard/individual permit process With the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form. 1c. Has the NWP or GP number been verified by the Corps?* r Yes r No Nationwide Permit (NWP) Number: 13 - Bank Stabilization NWP Numbers (for multiple NWPS): List all NN nurd�s you are applying for not on the drop down list. 1d. Type(s) of approval sought from the DWR:* check all that apply R 401 Water Quality Certification - Regular F- 401 Water Quality Certification - E)press F_ Non-404 Jurisdictional General Permit r Riparian Buffer Authorization F- Individual Permit Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to viewthe form. ID# Version Pre -fling Meeting or Request Date* 12/17/2020 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form (1).pdf 1e. Is this notification solely for the record because written approval is not required? 52.56KB * For the record only for DWR 401 Certification: r Yes r No For the record onlyfor Corps Permit: r Yes r No 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? ff so, attach the acceptance letter fromrritigation bank or in -lieu fee program r Yes r No Acceptance Letter Attachment Cick the upload button a drag and drop files here to attach document FlLET'FEMISTBER]F 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 Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Prograrr✓Agency-Coordination/-rrout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Connor Brown 1b. Primary Contact Email:* cbrown@kbeng.org 1d. Who is applying for the permit?* r Owner (Check all that apply) 1a. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed:* James Sanders; Patricia Sanders 2b. Deed book and page no.: 008612, 000281 2c. Responsible party: (fa Corporations) 2d. Address * Street Address 132 New Castle Dr. Address tine 2 City Chapel Hill Postal / Zip Code 27517 2e. Telephone Number:* (xxx)xxx-xxxx (585)203-4262 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* jim.o.sanders@gmail.com 2a. Name(s) on recorded deed:* 1c. Primary Contact Phone:* (xxx)xxx-xxxx (704)641-4621 P Applicant (other than owner) State / Frovince / Region NC Country USA Kathryn Eifrig 2b. Deed book and page no.: 008990;000248 2c. Responsible party: (for Corporations) 2d.Address* Street Address 128 New Castle Dr. Address Line 2 city Chapel Hill Postal / Zip Code 27517 2e. Telephone Number:* (x )Xx -Xx (919)672-6300 2f. Fax Number: 2g. Email Address:* kathryneifrig@att.net 3. Applicant Information (if different from owner) 3a. Name:* Connor Brown 3b. Business Name: (if applicable) Iris Bass Engineering 3c. Address* Street Address 7334 Chapel Hill Rd. Address Line 2 city Raleigh Postal / Zip Code 27607 3d. Telephone Number:* (704)641-4621 3f. Email Address:* cbrown@kbeng.org 4. Agent/Consultant (if applicable) 4a. Name: Kris Bass 4b. Business Name: (if applicable) Kris Bass Engineering 4c. Address* Street Address 7334 Chapel Hill Rd. Address Line 2 city Raleigh Postal / Zip Code 27607 4d. Telephone Number:* (919)960-1552 4f. Email Address:* Slate / Rovince / Fagion NC Country U.S. Slate / Rovince / Fbgion NC Country USA 3e. Fax Number: State / Rovince / F3gion NC Country USA 4e. Fax Number: kbass@kbeng.org Agent Authorization Letter* Rease provide the Agent Authorization Letter if you are submitting this docurrent. Agent_ Authorization_Forms_signed.pdf 47.23KB RLETYFEM-Si BEFCF C. Project Information and Prior Project History 1. Project Information l^J 1a. Name of project:* 132 New Castle Dr. Stream Improvements 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town:* Chapel Fill F_ 2. Project Identification 2a. Property Identification Number: 2b. Property size: (tax RN or parcel ID) (in acres) 140442 0.973 2c. Project Address Street Address 132 New Castle Dr. Address Line 2 city Slate / Rovince / legion Chapel Hill NC Fbstal / Zip Code Country 27517 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.923773-79.004228 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Little Creek 3b. Water Resources Classification of nearest receiving water:* WS-N;NSW Surface Water Lookup 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located.* 030300020603 River Basin Lookup 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:* There is a tributary to Little Creek that runs through the residential project site. There is poor vegetative cover along the banks, resulting in vertical, sloughing banks, an incised channel, and a couple tight bends in the stream. There are 3, 36" RCP culverts that run under the resident's driveway to convey the tributary, where there is no energy dissipation downstream currently. 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 LISGS topographic map indicating the location of the project site. (for DWR) Qick the upload button a drag and drop files here to attach docunent NC_ Chapel_Hill _20190805_TM.pdf 218.96KB File type rust be pdf t, _) 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) Click the upload button a drag and drop files here to attach docurrent 132_New Castle_ Soils_Report.pdf 624.72KB File type must be pdf 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: (interm ttent and perennial) 290 4h. Explain the purpose of the proposed project:* This project is to stabilize a portion of the tributary that runs through the residential property. Steep banks and sparse vegetation have resulted in an eroding and unhealthy stream. This project aims to stabilize the banks and establish vegetation to strengthen the banks, while creating a stable alignment and profile. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Bank stabilization Will lessen the slope of the bank on the outer bend of the stream, and will be vegetated with live stakes and covered with coir matting where disturbed. New riffles and pools will be created. The stream will be realigned as it comes out of 3, 36" RCP culverts to remove the horse -shoe bend in the stream. An energy dissipation scour pool will be created at the outlets of the culverts. A stone toe will be installed in a sharp bend that resides on the neighboring property. An mini -excavator will be used to slope the banks and realign the stream, with a dump truck hauling off excess cut material and a skid steer to move cut material. The dump truck will also be used to bring any additional necessary stone to the project site. 4j. Please upload project drawings for the proposed project. Click the upload button a drag and drop files here to attach docurrent NEWCASTLE_KBE_020521—Sig ned.pdf 4.05MB File type rust be pdf 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?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: Example: SAM2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d1. Jurisdictional determination upload Click the upload button a drag and drop files here to attach document File type mist be FCF 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. NIA D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): [ Wetlands W Streams -tributaries P Buffers C Open Waters r Pond Construction 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. "S." will be used in the table below to represent the word "stream". ❑ S1 3a. Reason for impact * (?) Stream Ali nment/Profile 9 Change 3b.lmpact type * Permanent 3c. Type of impact* Excavation 3d. S. name* named Tributary to Little ry ek Fc 3e. Stream Type * (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width * 8 Average (feet) 3h. Impact length* 247 (lirfeet) S2 Bank Stabilization Permanent Bank Stabilization Unnamed Tributary to Little rY Creek Perennial Both 8 Average (feet) 247 (linearfeet) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 494 31. Total temporary stream impacts: 0 3i. Total stream and ditch impacts: 494 3j. Comments: These impacts are made as a result of the stabilization of the stream and return to a stable alignment and profile. 6. Buffer Impacts (for DWR) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below. 6a. Project is in which protect basin(s)?* Check all that apply. f Neuse r Tar -Pamlico F Catawba r Randleman r Goose Creek V Jordan Lake [ Other 6b. Impact Type * (?) 6c. Per or Temp* (?) 6d. Stream name * 6e. Buffer mitigation required? * 6f. Zone 1 impact* 6g. Zone 2 impact* Exempt P Unnamed tributary to Little Creek Ib 1,825 (square feet) 0 (square feet) 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 1,825.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 1,825.00 0.00 61. Comments: Impact map is included in the project plans. Buffer impacts are a result of laying banks back slightly, planting native vegetation, and building a small pedestrian bridge that has no practical alternative due to the house being inaccessible if the driveway was damaged or being repaired. Supporting Documentation - i.e. Impact Maps, Plan Sheet, etc. dick the upload button or drag and drop files here to attach document File rust be FCF 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:* Grading on the left bank was largely avoided to save existing trees on the banks. Other project impacts are meant to improve stream health and function. Cross -sectional area was kept approximately the same to limit the area of disturbance. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Stabilization of disturbed streambanks will occur by the end of each workday, and all streambank excavation will take place outside of the active channel when possible. Temporary and permanent groundcover will be provided on all exposed areas within 7 calendar days of any phase of grading. 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: Project is a stream restoration/stabilization project. NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. F. Stormwater Management and Diffuse Flow Plan (required by DWR) f *** Recent changes to the stormwater rules have required updates to this section .*** 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 1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. 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 (check all that apply) For a list of options to meet the diffuse flow requirements, click here. Diffuse Flow Documentation nick the upload button or drag and drop files here to attach docunemt File type mist be FLF 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)?* C Yes r No To lookup low density requirement click here 15A NCAC 02H .1003(2). 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?* r Yes r No r WA - project disturbs < 1 acre Hnt: projects that have vested rights, exemptions, a grandfathering fromstate a locally irrplemarked stanwater prograns a projects that satisfy state or locally-inplerrented stomwater programs through used comrunity in -lieu programs should answer no to this question. Comments: 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 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 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Homeowner previously hired a landscaper to improve the aesthetic of the stream, performing work in the buffer without the required permits and approvals. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) 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. Extents of project are on residential property and aim to solely improve stream health and function. 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 r No 5d. Is another Federal agency involved?* r Yes r No Se. 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 Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_ NLEBSLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?'* r Yes r No r Unknown 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.?* r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* Critical Habitat for Threatened & Endangered Species [USFWSj arcGIS mapper Consultation Documentation Upload Click the upload button a drag and drop files here to attach docurrent File type rust be FCF 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 Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncder.gov/hpoweb/ 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)? * r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* State Historic Preservation Office Historic Properties Map 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drop files here to attach docuneM File rrust be FOF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmse.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year flood plain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMAFloodplain Maps Miscellaneous Comments Miscellaneous attachments not previously requested. Qick the upload button or drag and drop files here to attach docurrent File rrust be FOF a K,& Signature * W 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:* Connor Brown Signature * Date 2/5/2021 v