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HomeMy WebLinkAbout20191233 Ver 2_ePCN Application_20210305DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* 0Yes r No Change Only 1 needed. BIMS # Assigned* Version#* 20191233 2 Is a payment required for this project?* ✓ No payment required ✓ Fee received 6 Fee needed - send electronic notification Reviewing Office * Central Office - (919) 707-9000 Information for Initial Review What amout is owed?* r $240.00 6 $570.00 Select Project Reviewer* Rob Ridings:eads\rgridings la. Name of project: Crabtree Creek Greenway - Lindsay Drive to Ebenezer Church Rd. la. Who is the Primary Contact?* Courtney A. Carpenter lb. Primary Contact Email:* ccarpenter@vhb.com Date Submitted 3/5/2021 Nearest Body of Water Crabtree Creek & Richland Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: 35.842792 Pre -Filing Meeting Information ID# 20191233 Pre -fling Meeting or Request Date* 2/3/2021 Longitude: -78.714409 Attach documentation of Pre -Filing Meeting Request here:* CAC_Pre-filing_Meeting_Request_20210203. pdf lc. Primary Contact Phone:* (919)741-5783 Version 2 130.84KB A. Processing Information County (or Counties) where the project is located: Wake Is this a NCDMS Project C- Yes f No Is this project a public transportation project?* 6 Yes r No Is this a NCDOT Project?* C- Yes f No la. 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?* s Yes ✓ No Please provide the date of the previous submission.* 9/13/2019 1b. What type(s) of permit(s) do you wish to seek authorization? 7 Nationwide Permit (NWP) r Regional General Permit (RGP) I— Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 6 Yes C- No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 17 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* C Yes 6' No r 401 Water Quality Certification - Express 17 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? C- Yes (R No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? C' Yes C No Acceptance Letter Attachment lh. Is the project located in any of NC's twenty coastal counties? C- Yes (R No 1j. Is the project located in a designated trout watershed? C' Yes F' 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?* C Yes C- No 2. Owner Information 2a. Name(s) on recorded deed: City of Raleigh, NC * C- Yes s No C- Yes 6 No 2b. Deed book and page no.: 2c. Responsible party: Lisa Schiffbauer, Senior Greenway Planner 2d.Address Street Address 222 W. Hargett Street Address Line 2 Suite 601 (lly Raleigh Postal / Zip Code 27601 2e. Telephone Number: (919)996-4785 2g. Email Address:* parkplan@raleighnc.gov 4. Agent/Consultant (if applicable) 4a. Name: Courtney A. Carpenter 4b. Business Name: VHB State / Province / Raglan NC Country USA 2f. Fax Number: 4c. Address Street Address Venture 1, 940 Main Campus Drive Address Line 2 Suite 500 Oty State / Province / Region Raleigh NC Postal / Zip Code Country 27606 USA 4d. Telephone Number: 4e. Fax Number: (919)741-5783 4f. Email Address:* ccarpenter@vhb.com Agent Authorization Letter* Agent Authorization Form CTW 20190904.pdf 30.45KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality/ town: Raleigh 2. Project Identification 2a. Property Identification Number: 2b. Property size: 2c. Project Address Street Address Multiple, easements obtained. Address Line 2 City State / Province / Region Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Crabtree Creek & Richland Creek 3b. Water Resources Classification of nearest receiving water:* C;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. 030202010803 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 project area is a forested riparian corridor surrounded by residential development and a Hanson Aggregates quarry. Portions of the project area also include maintained sewer easements. Revisions to the project design after the initial 404 approval required recalculations of stream and buffer impacts throughout the project. These changes include the addition of a previously unsurveyed sanitary sewer manhole at the end of the project and the addition of bank stabilization in the vicinity of boardwalks along the project corridor. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* s Yes r No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). NCDWR project no. 20121233; USACE SAW-2017-00269 Project History Upload 401 Approval_20191233.docx. pdf SAW-2017-00269 NWP 13 and 14 Verification Ltr.pdf 7.26MB 9.48MB 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_Landscape_2019 pdf 3.02MB 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) Soils_Landscape_2019.pdf 1.96MB 4f. List the total estimated acreage of all existing wetlands on the property: 1.946 4g. List the total estimated linear feet of all existing streams on the property: 9,935 4h. Explain the purpose of the proposed project:* The project will construct a greenway trail between Lindsay Drive and Ebenezer Church Road. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed trail alignment will begin at a proposed bridge over Crabtree Creek between Picardy Drive and Lindsay Drive. The trail will follow the north side of Crabtree Creek, and will again cross Crabtree Creek via a bridge, and will then pass under Duraleigh road on the south side of the creek. The alignment will immediately traverse up the slope on the west side Duraleigh road and connect to the existing multi -purpose trail for a distance of approximately 2,000 feet. The trail will cross the southern portion of the Hanson Quarry property to Richland Creek where it will follow the creek to Crabtree Creek. Three bridges over Richland Creek are required due to steep slopes adjacent to the creek. The trail will continue on the south side of Crabtree Creek and connect to the existing trail system in Umstead State Park.The greenway will be designed as a multi -use bicycling and pedestrian trail. This type of trail is typically constructed as a 10-foot wide asphalt path, with an aggregate base, and two -foot wide shoulders on either side. Land disturbance for the construction of these trails is generally 15 to 20 feet wide. The project will require two bridges across Crabtree Creek and three bridges across Richland Creek. The design calls for bridges to be single span structures, with no temporary or permanent impacts to the stream bed as a result of construction. One of the bridges has been designed as a suspension bridge in order to avoid placing bents in the channel of Crabtree Creek. Tributaries to Crabtree and Richland Creeks will be crossed with boardwalk structures. Small areas of bank stabilization at pipe and ditch outlets along the trail, consisting of riprap placed on the banks of streams, are proposed in order to reduce the possibility of bank erosion. 4j. Please upload project drawings for the proposed project. C-5604OD Crabtree Creek Greenway Cross Sections.pdf C-5604OD Crabtree Creek Greenway.pdf H14014.00_Crabtree_W est_Erosio n_Control_F u II_Size_20200622. pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes Comments: 18.71MB 31.63MB 25.03MB r No r Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* 6 Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2017-00269 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: David Cooper, Ed Hajnos VHB (formerly Ecological Engineering) 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE site visit date: Nov. 29, 2016, Tasha Alexander. No PJD letter received to date. NCDWR site visit date: 10/31/2016, Stephanie Goss. Please see attached NCDWR determination letter. 5d1. Jurisdictional determination upload BufferDeterminationLetter_CrabtreeCreekTrail_20161103.pdf 5.52MB 6. Future Project Plans 6a. Is this a phased project?* r 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): 17 Wetlands 17 Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts m Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of Jurisdicition*(?) 2g. Impact area* 11 18" HDPE P Headwater Forest WI Yes Both 0.008 (acres) 11 Mechanized clearing P Headwater Forest WI Yes Both 0.003 (acres) 13 Mechanized Clearing P Hardwood Flat WH Yes Both 0.001 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.012 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.012 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name * 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width * 3h. Impact length* S1 Riprap 18" HDPE outlet Permanent Bank Stabilization Crabtree Creek Perennial Both 70 Average (feet) 8 (linear feet) S2 Riprap ditch outlet Permanent Bank Stabilization SB Perennial Both 4 Average (feet) 11 (linear feet) S3 Riprap ditch outlet Temporary Bank Stabilization SB Perennial Both 4 Average (feet) 23 (linear feet) 84 Boardwalk crossing Permanent Bank Stabilization Richland Creek Perennial Both 45 Average (feet) 40 (linear feet) S5 Boardwalk crossing Temporary Bank Stabilization Richland Creek Perennial Both 45 Average (feet) 34 (linear feet) S6 Boardwalk crossing Permanent Bank Stabilization Richland Creek Perennial Both 40 Average (feet) 38 (linear feet) S7 Boardwalk crossing Temporary Bank Stabilization Richland Creek Perennial Both 40 Average (feet) 29 (linear feet) S8 Boardwalk crossing Permanent Bank Stabilization SC Perennial Both 8 Average (feet) 11 (linear feet) S9 Boardwalk crossing Temporary Bank Stabilization SC Perennial Both 8 Average (feet) 42 (linear feet) S10 Boardwalk crossing Permanent Bank Stabilization Richland Creek Perennial Both 40 Average (feet) 28 (linear feet) S11 Boardwalk crossing Temporary Bank Stabilization Richland Creek Perennial Both 40 Average (feet) 27 (linear feet) 812 Riprap 18" HDPE outlet Permanent Bank Stabilization Crabtree Creek Perennial Both 50 Average (feet) 11 (ling feet) S13 Riprap 36" HDPE outlet Permanent Bank Stabilization Crabtree Creek Perennial Both 60 Average (feet) 22 (ling feet) S14 Riprap ditch outlet Permanent Bank Stabilization Crabtree Creek Perennial Both 70 Average (feet) 8 (linear feet) S15 Riprap 18" HDPE outlet Permanent Bank Stabilization Crabtree Creek Perennial Both 70 Average (feet) 13 (linear feet) S16 Riprap 18" HDPE outlet Permanent Bank Stabilization Crabtree Ck. (Site 12 in Table) Perennial Both 70 Average(feet) 13 (linear feet) S17 Riprap 15" HDPE outlet Permanent Bank Stabilization Crabtree Ck. (Site 14 in Table) Perennial Both 70 Average(feet) 12 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 215 3i. Total stream and ditch impacts: 370 3j. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Pr Neuse r Catawba ✓ Goose Creek [ Other 3i. Total temporary stream impacts: 155 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 Parallel P Crabtree Creek No 2,733 4,635 Parallel P Crabtree Creek No 10,045 12,124 Parallel P Crabtree Creek No 4,729 4,563 Parallel P Richland Creek No 4,012 10,924 Parallel P Richland Creek No 11,889 13,194 Parallel P Richland Creek No 5,214 6,483 Parallel P Richland Creek No 4,068 4,839 Parallel P Crabtree Creek No 17,484 15,614 Parallel P Crabtree Creek No 6,549 12,160 Parallel P Crabtree Creek No 20,654 15,625 Parallel P SG No 473 1,279 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 0.00 Zone 1 87,850.00 Zone 2 0.00 Zone 2 101,440.00 Zone 1 Zone 2 87,850.00 101,440.00 Supporting Documentation Crabtree West Buffer Impact Drawings_03_05_2021.pdf Crabtree West Permit Drawings 03_05_2021.pdf E. Impact Justification and Mitigation 1. Avoidance and Minimization 5.01MB 10.8MB la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project design is constrained by the steep topography of the slopes above Crabtree and Richland Creeks. Bridges have been designed in order to minimize impacts to the stream bed. Boardwalks are utilized to cross tributary streams. Wetland impacts have been almost entirely avoided. Where feasible, the trail has been designed to utilize existing cleared sewer easements. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion control has been designed to adhere to the design standards for sensitive watersheds. The contractor shall be responsible for minimiang impact through construction techniques. Boardwalk wnll be constructed using the "top -down" method, which minimizes disturbance. 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 r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Impacts to Neuse riparian buffers for greenway projects are allowable if no practicable alternative exists. The steepness of the topography makes alternative routes impracticable. F. Stormwater Management and Diffuse Flow Plan (required by DWR) U 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? ✓ Yes r No What type of SCM are you providing? n Level Spreader n Vegetated Conveyance (lower SHWT) n Wetland Swale (higher SI-WT) n 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?* ✓ Yes r•' No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? rYes CNo 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? * ✓ Yes 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 (NEPAISEPA)? * ✓ Yes ( No Comments:* The project is a City of Raleigh project, with environmental document review/oversight by NCDOT. 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)?* CYes rNo 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 greenway trail is not expected to catalyze additional development in the area. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* C Yes f No C 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?* 6 Yes CNo 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* 6 Yes CNo 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* 6 Yes What Federal Agency is involved? FEMA 5e. Is this a DOT project located within Division's 1-8? C Yes f No C No C Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes C No 5g. Does this project involve bridge maintenance or removal? C Yes f No 5h. Does this project involve the construction/installation of a wind turbine(s)?* C Yes (7 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.? C Yes 0' No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Biological conclusions for federally protected species were made by Ecological Engineering (now VHB) based on evaluations documented in the attached 2017 version of the approved PCE document. Concurrence with these conclusions was obtained from the USFWS Raleigh office. Due to the amount of time between protected species evaluations and project implementation, additional protected species and proposed species were listed in Wake County, and the original species surveys expired (see NCDOT reviewer's 2019 PCE comments, also attached). VHB has renewed expired protected species surveys and documented potential project affects on additional species listed and proposed since the original date of PCE approval. USFWS Raleigh office has been contacted and offered concurrence with No Effect and MA-NLAA determinations for all species except Atlantic pigtoe, for which a mussel survey is pending. If no specimens found during upcoming survey, USFWS has verbally stated concurrence with MA-NLAA. If specimens found, additional coordination between FHWA and USFWS will take place prior to construction, ensuring compliance with the ESA for this project. USAGE and NCDWR reviewers will be contacted with Atlantic pigtoe survey results as soon as they are available. Consultation Documentation Upload USF WS_Concu rrenceRequest_CrabtreeRaleigh_Rev20190913_reduced. pdf Re_ [EXTERNAL] Crabtree Creek Greenway ESA Compliance_Request.pdf 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* C Yes P No 2.35MB 140.45KB 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA fisheries EFH 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?* C Yes ( No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC SHPO letter included in attached 2017 version of PCE document under miscellaneous attachments. 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 f No 8b. If yes, explain how project meets FEMA requirements: A CLOMR application is in preparation. Grading within the floodplain will not be allowed until CLOMR approval. 8c. What source(s) did you use to make the floodplain determination?* NC FEMA FIRM Map Number 3720078600J. (North Carolina Panel 0786). Miscellaneous Comments Miscellaneous attachments not previously requested. 2019PCEComments_C-5604 OD_ConsultForm_NCDOTComments.pdf 2017Version_C-5604-OD PCE_Signed Approved.pdf CoverLetter_CrabtreeCreekModification.pdf Crabtree Creek_Tables A-B Detailed Differences.pdf 338.75KB 10.81MB 135.64KB 91.63KB 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: Courtney A. Carpenter Signature eaktef,f. CaAp to Date 3/5/2021