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HomeMy WebLinkAbout20210168 Ver 1_ePCN Application_20210415%. WithersRavenel II.Our People. Your Success. April 15, 2021 US Army Corps of Engineers Washington Regulatory Field Office Ms. Emily Thompson 2407 W. 5th Street Washington, NC 27889 Re: NC -Division of Water Resources 401 & Buffer Permitting Unit Mr. Paul Wojoski 1617 Mail Service Center Raleigh, NC 27699 City of Kinston - The Willows Apartments Stream Stabilization - NWP 18 PCN Submittal Kinston, Lenoir County NCDWR Proj # 20210168 v1 WR Project #02180652.11 Dear Ms. Thompson and Mr. Wojoski, On behalf of the City of Kinston, we are requesting authorization from the USACE to use NWP 18, as well as requesting a 401 WQC from NCDWR, for 0.001 ac (25 If) of permanent stream impacts associated for the installation of riprap dissipators below existing stormwater outfalls as part of the stream stabilization project. We are also requesting an NCDWR Buffer Authorization for 68 sf of permanent riparian buffer impacts and 15,413 sf of temporary riparian buffer impacts for stream bank stabilization and construction of a retaining wall to repair the failing parking lot within The Willows apartment complex. The proposed total permanent impacts to jurisdictional streams are 0.001 acres (see table below) and therefore is eligible for authorization under an NWP 18. Type of Impact Impact Area LF SF AC Stream - Permanent (riprap dissipators) 25 If 75 sf 0.001 ac The proposed project consists of stabilization of the eastern bank of the perennial stream (Stream 1) flowing along the western boundary of The Willows Apartment Complex, as well as installation of riprap dissipators below existing stormwater drainage pipe outfalls within Stream 1. The proposed stream bank stabilization will not result in impacts to the stream bed from the grading of the stream bank to stabilize them and therefore this component of the project does not require authorization from the USACE. Additionally, the installation of the riprap dissipators will result in 6.5 cubic yards of fill placed below the OHW of the stream stabilization and will not be placed in a special aquatic site. Therefore, the project qualifies for authorization under a non - notifying NWP 18, and this application is being provided to the USACE as a courtesy only. The proposed project is ±0.7 acres in size and is located on within The Willows Apartments (PIN: 451610454482) located at 6219 Carey Road in Kinston, Lenoir County (Lat: 35.295976°N; - 77.612459°W). The project is located in the Neuse River basin and onsite waters drain to Taylors Branch. The Water Quality Classification for Taylors Branch is: C;Sw;NSW and the Stream Index Number is: 27-81-1-1. The cataloging unit for the site is 030202020304. 219 Station Road, Suite 101 I Wilmington, NC 28405 t: 910.256.9277 I www.withersravenel.com I License No. C-0832 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington City of Kinston - The Willows Apartments Stream Stabilization Kinston, Lenoir Co. r. Our People. Your Success. WithersRavenel Proposed Project The purpose of the proposed project is to stabilize the eastern bank of the perennial stream (Stream 1) in order to address and eliminate the ongoing significant erosion which has caused a portion of the apartment complex parking lot to fail. The proposed activities consist of the following: • Stabilizing the eastern stream bank by grading the bank to a 3:1 slope and stabilizing with sod. In the existing condition, the eastern stream bank is nearly vertical as a result of erosion. The riparian buffer on the eastern side of the stream is currently maintained as mowed grass/lawn up to the stream bank. The graded stream bank will be stabilized with live sod which will maintain the existing conditions of the buffer. The western bank of the stream is stable and will not be disturbed. Please note that all proposed grading of the stream bank will occur above the OHW of the stream and will not result in disturbance to the stream bed. • Construction of a retaining wall adjacent to the existing parking lot to stabilize the parking lot and prevent future erosion. The erosion of the eastern stream bank has undercut the parking lot and resulted in structural failure. The proposed retaining wall is considered protection of existing structures which is "Allowable Upon Authorization". • Installation of riprap dissipators below the outlets of the existing stormwater drainage pipes. The Willows Apartments were constructed in 1988 and the stormwater drainage system discharges through pipes directly into Stream 1. During rain events, the velocity of the stormwater discharge into Stream 1 is high and has contributed to the erosion of Stream 1. The riprap dissipators will dissipate outfall velocities and help to prevent erosion. The riprap will be keyed into the stream bank and bed such that the top of the riprap matches the existing elevation of the stream bed in order to allow for aquatic life passage and will not impeded stream flow. • During construction, a temporary stone check dam will be installed as sediment and erosion control device to prevent potential turbidity issues downstream in the event of a rain event while the grading of the stream bank is occurring. The temporary check dam will be constructed within the footprint of the proposed riprap dissipator at Impact 3. It is shown adjacent to Impact 3 for visual purposes. Project History WR completed a wetland delineation for the project area in November 2020. There are no wetlands within the project area. The only jurisdictional feature is a perennial Stream (Stream 1) as depicted in the attached Stream/Buffer Delineation Exhibit. Please note that we are not requesting issuance of a Jurisdictional Determination. Stream 1 is depicted on both the USGS Quad and Lenoir County Soil Survey. Therefore, subjectivity to Neuse River Riparian Buffers is conceded and a formal NCDWR Buffer Determination was not requested. Prior to submittal of the application, WR sent an email dated 1/26/2021 to Emily Thompson (USACE) and Chris Pullinger (NCDWR) providing details of the proposed project and requesting comment on the potential for the riprap dissipators to be authorized under a non -notifying NWP 13 for bank stabilization. In a phone conversation with Emily Thompson (USACE) on 2/4/2021, Ms. Thompson explained that the riprap dissipators would not be considered bank stabilization but may be authorized under a non -notifying NWP 18 if the project met all the conditions. WR Page 2 of 4 City of Kinston - The Willows Apartments Stream Stabilization Kinston, Lenoir Co. r. Our Prrr Ic Ymir Success. WithersRavenel sent a follow up email dated 2/4/2021 to Emily Thompson (USACE) and Chris Pullinger (NCDWR) recapping the discussion during the 2/4/2021 phone call. A copy of the 2/4/2021 email has been provided as an attachment to this application. WithersRavenel submitted a the NCDWR Pre -Filing Meeting Request on 1/26/2021 and received an email dated 2/26/2021 notifying us that a pre -filing time clock had been reached. Therefore, the requirement for requesting a pre -filing meeting under 40 CFR Part 121 for 401 Certifications in accordance with the federal Clean Water Act have been satisfied. Copies of the Pre -Filing Meeting Request form and email notification that a pre -filing meeting was not required have been attached to this application. Proposed Impacts The proposed impacts consist of: • 0.001 acres (75 sf/25 If) of permanent stream impacts for riprap dissipators below existing stormwater drainage outfalls within Stream 1. • 15,143 sf of temporary riparian buffer impacts (Z1: 12,897 sf; Z2: 2,246 sf) for grading within the buffers to lay the slope back to 3:1, as well as temporary access during construction. • 68 sf of permanent Zone 1 buffer impacts for construction of the retaining wall adjacent to the parking lot which has failed due to erosion from the stream. The proposed grading of the stream bank to create a 3:1 slope for stabilization will not result in stream impacts. All grading will occur above the OHW of the stream. The 0.001 acres (75 sf/25 If) of permanent stream impacts are necessary for installation of riprap dissipators below the existing stormwater drainage outlets to dissipate flow velocity and eliminate erosion of the stream bed. The riprap will be keyed into the stream bank and bed so that the top of the riprap matches the elevation of the stream bed to allow for aquatic life passage and not impede flow. The proposed retaining wall to stabilize the parking lot that is currently failing will result in 68 sf of permanent riparian buffer impacts, which is classified as "Allowable Upon Authorization". Please note that the retaining wall will not result in stream impacts. A temporary stone check dam will be installed within the footprint of the riprap dissipator at Impact 3 to provide sedimentation and erosion control to prevent turbidity issues in downstream waters should it rain while the grading of the stream bank is ongoing. Avoidance and Minimization Stream impacts have been avoided for the stabilization of the stream bank and have been minimized to only 0.001 ac (25 If) for installation of the riprap dissipators below the existing stormwater drainage outfalls. Permanent riparian buffer impacts have been minimized to only 68 sf necessary to construct a retaining wall to repair the failing parking lot, which is "Allowable Upon Authorization". The western bank of the stream is stable and will not be disturbed. Please note that all proposed grading of the stream bank will occur above the OHW of the stream and will not result in disturbance to the stream bed. The buffer along the eastern stream bank currently consists of mowed grass/lawn, with scattered mature trees. No trees will be removed for grading of the stream bank or construction access. Page 3 of 4 City of Kinston - The Willows Apartments Stream Stabilization Kinston, Lenoir Co. Aid. WithersRavenel Our Pecnic Y'n:•r S!icress. Temporary riparian buffer impacts are necessary for grading of the eastern stream bank and access during construction, which is "Allowable Upon Authorization". Upon completion of the proposed activities, the graded stream bank and temporarily impacted buffers during construction will be stabilized with live sod which will restore the existing conditions of the buffer. Mitigation Proposed permanent stream impacts are less than 0.02 acres and therefore stream mitigation is not proposed. The proposed riparian buffer impacts are classified as "Allowable Upon Authorization" and therefore buffer mitigation is not required. Please feel free to call if you have questions or require additional information to complete your review. Sincerely, WithersRavenel Troy Beasley Senior Environmental Scientist Attachments: • Agent Authorization Form • NCDWR Pre -Filing Meeting Request Info • USGS Quads • Lenoir County Soil Survey • Parcel/Owner Info • Aerial Photo • Stream/Buffer Delineation Exhibit • NCNHP Project Review Letter • USFWS T&E List for Lenoir County • Email Correspondence with USACE/NCDWR • Stream/Buffer Impact Exhibits Page 4 of 4 DWR 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 C No Is this project a public transportation project?* CYes r No Change only 1 needed. BIMS # Assigned* Version#* 20210168 1 Is a payment required for this project?* • No payment required �- Fee received 6 Fee needed - send electronic notification Reviewing Office * Washington Regional Office - (252) 946-6481 Information for Initial Review la. Name of project: The Willows Apartments Stream Stabilization la. Who is the Primary Contact?* Troy Beasley What amout is owed?* O $240.00 • $570.00 Select Project Reviewer* Robert Tankard:eads\rbtankard lb. Primary Contact Email:* lc. Primary Contact Phone:* tbeasley@wthersravenel.com (910)509-6512 Date Submitted 4/15/2021 Nearest Body of Water Taylors Branch (Stream Index: 27-81-1-1) Basin Neuse Water Classification C;Sw,NSW Site Coordinates Latitude: Longitude: 35.295976 -77.612459 Pre -Filing Meeting Information ID# 20210168 Pre -fling Meeting or Request Date* 1/26/2021 Attach documentation of Pre -Filing Meeting Request here:* ENIAIL_NCDWR Pre -Filing Time Clock Reached_2021-02-26 pdf DWR Pre -Filing Meeting Request Form_submitted 2021-01-26.pdf Version 1 129.82KB 50.98KB A. Processing Information County (or Counties) where the project is located: Lenoir Is this a NCDMS Project ✓ Yes f• No Is this project a public transportation project?* ✓ Yes 6' No la. Type(s) of approval sought from the Corps: IJ 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 6 No 1b. What type(s) of permit(s) do you wish to seek authorization? I7 Nationwide Permit (NWP) n Regional General Permit (RGP) n Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 6 Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 17 401 Water Quality Certification - Regular n Non-404 Jurisdictional General Permit n Individual Permit 18 - Minor Discharges 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: lf. Is this an after -the -fact permit application?* ✓ Yes r: No n 401 Water Quality Certification - Express IJ Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes ( No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? ✓ Yes r No 1j. Is the project located in a designated trout watershed? ✓ Yes 6 No ✓ Yes r: No f Yes r No B. Applicant Information ld. Who is applying for the permit? I— Owner fJ Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 6 Yes r No 2. Owner Information 2a. Name(s) on recorded deed: EWT 22, LLC 2b. Deed book and page no.: 1649; 798 2c. Responsible party: 2d. Address Street Address 99 Fisherville Road Address Line 2 atY State / Province / Region Concord NH Postal / Zip Code Country 03303 USA 2e. Telephone Number: 2f. Fax Number: (252)939-3285 2g. Email Address:* steve.miller@ci.kinston.nc.us 3. Applicant Information (if different from owner) 3a. Name: Steve Miller - Assistant Director -Public Services 3b. Business Name: City of Kinston 3c.Address Street Address PO Box 339 Address Line 2 (7ly State / Bovine / Region Kinston NC Fbstal / ZZp Code Country 28502 USA 3d. Telephone Number: 3e. Fax Number: (252)939-3285 3f. Email Address:* steve.miller@ci.kinston.nc.us 4. Agent/Consultant (if applicable) 4a. Name: Troy Beasley 4b. Business Name: WithersRavenel 4c.Address Street Address 219 Station Road Address Line 2 Suite 101 atY Wilmington Postal / TZp Code 28405 4d. Telephone Number: (910)509-6512 4f. Email Address:* tbeasley@withersravenel.com Agent Authorization Letter* SIGNED_Agent Authorization_Kinston.pdf State / Bovine / Region NC Country USA 4e. Fax Number: 333.58KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality/ town: Kinston 2. Project Identification 2a. Property Identification Number: 2b. Property size: PIN: 451610454482 Project Area - 0.7 acres 2c. Project Address Street Address 3219 Carey Road Address Line 2 City State / Ftovince / !Region Kinston NC Fbstal / ZZp (ode Country 28504 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Taylors Branch (Stream Index: 27-81-1-1) 3b. Water Resources Classification of nearest receiving water:* C; Sw, NS W 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202020304 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 is located adjacent to The Willows Apartments. The project area consists of a perennial stream and riparian buffer on the east side of the stream. The general land use in the vicinity of the project consists of residential land use. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes F 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) USGS Quads.pdf 424.46KB 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) Lenoir Co Soil Survey.pdf 1 76MB 4f. List the total estimated acreage of all existing wetlands on the property: WA - no wetlands within project area 4g. List the total estimated linear feet of all existing streams on the property: 800 If within project area 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to stabilize the eastern bank of the perennial stream (Stream 1) in order to address and eliminate the ongoing significant erosion which has caused a portion of the apartment complex parking lot to fail. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed activities consist of the following: • Stabilizing the eastern stream bank by grading the bank to a 3:1 slope and stabilizing with sod. In the existing condition, the eastern stream bank is nearly vertical as a result of erosion. The riparian buffer on the eastern side of the stream is currently maintained as mowed grass/lawn up to the stream bank. The graded stream bank will be stabilized with live sod Mich will maintain the existing conditions of the buffer. The western bank of the stream is stable and will not be disturbed. Please note that all proposed grading of the stream bank will occur above the OHW of the stream and will not result in disturbance to the stream bed. • Construction of a retaining wall adjacent to the existing parking lot to stabilize the parking lot and prevent future erosion. The erosion of the eastern stream bank has undercut the parking lot and resulted in structural failure. The proposed retaining wall is considered protection of existing structures which is "Allowable Upon Authorization". • Installation of riprap dissipators below the outlets of the existing stormwater drainage pipes. The Willows Apartments were constructed in 1988 and the stormwater drainage system discharges through pipes directly into Stream 1. During rain events, the velocity of the stormwater discharge into Stream 1 is high and has contributed to the erosion of Stream 1. The riprap dissipators will dissipate outfall velocities and help to prevent erosion. The riprap will be keyed into the stream bank and bed such that the top of the riprap matches the existing elevation of the stream bed in order to allow for aquatic life passage and will not impeded stream flow. • During construction, a temporary stone check dam will be installed as sediment and erosion control device to prevent potential turbidity issues downstream in the event of a rain event while the grading of the stream bank is occurring. The temporary check dam will be constructed within the footprint of the proposed riprap dissipator at Impact 3. It is shown adjacent to Impact 3 for visual purposes. The project will be constructed using traditional construction equipment and techniques. 4j. Please upload project drawings for the proposed project. The Willows Apartments Stream Stabilization - Impact Maps.pdf 1.31 MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes Comments: r No r Unknown WithersRavenel completed a wetland delineation of the project area in November 2020. There are no wetlands within the project area. The only jurisdictional feature is Stream 1, which is a perennial stream. Please note that we are not requesting issuance of a PJD for this project. 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ✓ Preliminary r Approved c 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: Troy Beasley WithersRavenel 5d1. Jurisdictional determination upload Stream -Buffer Delineation Exhibit.pdf 248.34KB 6. Future Project Plans 6a. Is this a phased project?* ✓ Yes C• 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): r Wetlands fJ Streams -tributaries r Open Waters r Pond Construction 3. Stream Impacts fJ Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name * 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width * 3h. Impact length* S1 Impact 1 - Riprap dissipator Permanent Rip Rap Fill Stream 1 Perennial Both 3 Average (feet) 8 (linear feet) S2 Impact 2 - Riprap dissipator Permanent Rip Rap Fill Stream 1 Perennial Both 3 Average (feet) 8 (ling feet) S3 Impact 3 - Riprap dissipator Permanent Rip Rap Fill Stream 1 Perennial Both 3 Average (feet) 9 (ling feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 25 3i. Total stream and ditch impacts: 25 3j. Comments: See PCN Cover Letter for additional information on proposed impacts. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. F7 Neuse i— Catawba n Goose Creek ✓ Other 3i. Total temporary stream impacts: 0 f— Tar -Pamlico f— Randleman f— Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact 4 - Bank Stabilization - Allowable Upon Authorization T Stream 1 No 12,897 0 Impact 5 - Retaining Wall -Protection of Existing Structures - Allowable Upon Authorization P Stream 1 No 68 0 Impact 6 - Temp Construction Access - Allowable Upon Authorization P Stream 1 No 0 2,246 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 12,897.00 Zone 1 68.00 Zone 2 0.00 Zone 2 2,246.00 Zone 1 Zone 2 12,965.00 2,246.00 See PCN Cover Letter for more information on proposed impacts. 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: Stream impacts have been avoided for the stabilization of the stream bank and have been minimized to only 0.001 ac (25 If) for installation of the riprap dissipators below the existing stormwater drainage outfalls. Permanent riparian buffer impacts have been minimized to only 68 sf necessary to construct a retaining wall to repair the failing parking lot, which is "Allowable Upon Authorization". The western bank of the stream is stable and will not be disturbed. Please note that all proposed grading of the stream bank will occur above the OHW of the stream and will not result in disturbance to the stream bed. The buffer along the eastern stream bank currently consists of mowed grass/lawn, with scattered mature trees. No trees will be removed for grading of the stream bank or construction access. Temporary riparian buffer impacts are necessary for grading of the eastern stream bank and access during construction, which is "Allowable Upon Authorization". Upon completion of the proposed activities, the graded stream bank and temporarily impacted buffers during construction will be stabilized with live sod which will restore the existing conditions of the buffer. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A temporary stone check dam will be installed for sediment & erosion control. Access during construction will be within uplands. 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 6. No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Proposed permanent stream impacts are less than 0.02 acres and therefore mitigation is not proposed. 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? ✓ Yes r No What type of SCM are you providing? r Level Spreader n Vegetated Conveyance (lower SHWT) j— Wetland Swale (higher SHWT) n Other SCM that removes minimum 30% nitrogen 7 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 0' No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ✓ Yes ('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 ✓ N/A- project disturbs < 1 acre Comments: r No The proposed project consists of stream bank stabilization and installation of riprap dissipators at existing storm drainage outlets to prevent erosion of the stream bank. The project will not result in impervious area that requires stormwater management. G. Supplementary Information (n) 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* 6 Yes r 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 6'No Comments:* The proposed project does not meet thresholds requiring SEPA. 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)?* ✓ Yes ('No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes ('No 3b. If you answered "no," provide a short narrative description. The proposed project consists of stream bank stabilization which will improve downstream water quality by eliminating erosion that is causing turbidity issues within downstream waters. Additionally, the proposed project will not be a catalyst for future development that could impact nearby downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ✓ Yes r 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?* ✓ Yes t No 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8? ✓ Yes G No t No r Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ✓ Yes r No 5g. Does this project involve bridge maintenance or removal? ✓ Yes G No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ 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 6-No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? WR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/, as well as NCNHP GIS data to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any recent occurrences of federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter. Furthermore, site reviews did not identify any potential habitat for any federally protected species known to occur in Lenoir County. Stream 1 is a small perennial stream (3' wide) and is not potential habitat for Neuse River waterdog, Carolina madtom or American alligator. Additionally, there is no potential habitat for West Indian manatee or sensitive joint -vetch. Therefore, the proposed project will not adversely affect federally listed species or their designated critical habitat. Consultation Documentation Upload NCNHP Project Review Letter_2021-03-31.pdf USFWS T&E List for Lenoir Co_2020-07-17.pdf 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes ('No 211.7KB 139.91KB 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://w,vw.habitat.noaa.gov/protection/efh/efhmapper/index.html. There are no waters classified as EFH in Lenoir 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?* ✓ Yes 6 No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or adjacent to the proposed project. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* C Yes f• No 8c. What source(s) did you use to make the floodplain determination?* vwvw.ncfloodmaps.com Miscellaneous U Comments Miscellaneous attachments not previously requested. Parcel -Owner Info.pdf EMAIL_PreApplication Coordination with USACE_2021-02-04 .pdf Aerial Exhibit.pdf PCN Cover Letter.pdf 130.21KB 208.19KB 244.35KB 119.81KB 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: Troy Beasley Signature Date 4/15/2021 WithersRavenel Our People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Municipality Town of Kinston (Client) does hereby appoint WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Willows Apartments Stream Stabilization project, located at 3219 Carey Road in Kinston, Lenoir County, NC. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 Date: VI c3Z Signature of Client: s.1C�1al id j��i. �,Rt t4T 'g�°s�.�c S zvtc�s Name Print) (Title) (Signature) Tel. (919)-469-3340 C1 c-x 3c� Mailing Address N L ZY�rx,Z City State Zip Phone: Z5z 'VS') Z�65 Email: .r.c.u� 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 I f: 919.467.6008 I www.withersravenel.com I License No. C-0832 Asheville I Caryl Greensboro I Pittsboro I Raleigh I Wilmington A RM RD BROWN ST Westv1ew Celli 53) CITY OF KINSTON WILLOWS APTS STREAM STABILIZATION KINSTON LENOIR COUNTY NORTH CAROLINA pumice sr a z FOX RUN DR FARM LN hoD.GES:RD PROJECT LOCATION USGS QUAD (2019) KINSTON GRAPHIC SCALE 0 1000 2000 1 inch = 2000 ft. z a EAVA w HIGHLANdAVE d- ED WARD RP IV LENOIR AVE MANNING I!WithersRavenel Engineers Planners Surveyors • CITY CITY OF KINSTON WILLOWS APTS STREAM STABILIZATION KINSTON LENOIR COUNTY NORTH CAROLINA I PROJECT LIMITS USGS QUAD (2019) KINSTON GRAPHIC SCALE 0 200 400 1 inch = 400 ft. .0 I!WithersRavenel Engineers Planners Surveyors CITY OF KINSTON WILLOWS APTS STREAM STABILIZATION KINSTON LENOIR COUNTY NORTH CAROLINA LENOIR CO. SOIL SURVEY (1977) SHEET 10 GRAPHIC SCALE 0 200 400 1 inch = 400 ft. • ■• it• f fa. !WithersRavenel Engineers Planners Surveyors 18 18-0650 180552.11-K0C Cor Rood Oro; a Repoir CAD Exhibits Impocl Mop - 02180652.11.0 •- Thyren. , December 5, 2019 12:11:1. 0\ -11 el z rh I,T ��bir+7g� R ritximr Rd TEEMEEEDISM TR ©2019 Microsoft Corporation ©2019 HERE VICINITY MAP 1" = 2,000' GRAPHIC SCALE 200 0 100 200 1 inch = 200 Ft. NOTE: 2' CONTOURS PER LENOIR COUNTY GIS 400 N. Revision Date B Designer Drawn By Checked By tale WR AS NOTED KEB 11/8/19 lob No. Date 02180652.11 • C N i SITE LIMITS OF DISTURBANCE tr 2— ? /N L— THE WILLOWS APTS STREAM STABILIZATION Kinston Lenoir County North Carolina r UNNAMED TRIBUTARY TO TAYLOR'S BRANCH/BRIERY RUN J \( \\\\ 1)) N` \� \ " \ ` l -111 © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS © 2019 HERE OVERALL EXHIBIT MAP 2 \/ WithersRavenel I/ Engineers I Planners I Surveyors 115 MacKenan Drive I Cary, NC 27511 t:919.469.3340 I license #: C-0832 I www.withersravenel.com 1 `•\ • K:\18\18-0850\ ZONE 2 BUFFER ZONE 1 BUFFER TOP OF BANK IMPACT #1 PERMANENT STREAM IMPACT 8LF(18SF) `J\J\ \\ •�� _ -PONE\ / // V�AOlA4VA /_�/—�1� J��4�.l� �11. �i mow_ •0 75 IMPACT #2 PERMANENT STREAM IMPACT 8 LF (26 SF) PROPOSED RE -GRADING OF EASTERN CHANNEL EMBANKMENT AND INSTALLATION OF TURF REINFORCEMENT MATTING PROPOSED REPAIR OF EXISTING ASPHALT PARKING LOT AND CURB GRAPHIC SCALE 0 25 50 1 inch = 50 Ft. NOTE: 2' CONTOURS PER LENOIR COUNTY GIS No. Revision Date 1 By WR KEB Designer Drawn By Checked By Scale AS NOTED Date 1/21/21 lob No. 02180652.11 PROPOSED PARKING LOT RETAINING WALL SITE LIMITS OF DISTURBANCE IMPACT #3 PERMANENT STREAM IMPACT 9 LF (31 SF) \ \ \ PROPOSED RIPR P ENERGY DISSIPA RS THE WILLOWS APARTMENTS THE WILLOWS APTS STREAM STABILIZATION Kinston Lenoir County North Carolina STREAM IMPACT MAP STREAM IMPACTS IMPACT # PERMANENT 1 8 LF (18 SF) 2 8 LF (26 SF) 3 9 LF (31 SF) TOTAL 25 LF (75 SF) EXISTING TOP OF BANK EXISTING STORMWATER INFRASTRUCTURE \/ WithersRavenel 1/ Engineers I Planners I Surveyors 115 MacKenan Drive I Cary, NC 27511 t: 919.469.33401 license #: C-0832 I www.withersravenel.com Sheet No 2 rday, January 23, K:\18\18-0850\ ZONE 2 BUFFER IMPACT #4 TEMPORARY ZONE 1 BUFFER IMPACT 625 LF (12,897 SF) 76 -ZONE j\ 76 / NE iffi w PROPOSED RE -GRADING OF EASTERN CHANNEL EMBANKMENT AND INSTALLATION OF TURF REINFORCEMENT MATTING PROPOSED REPAIR OF EXISTING ASPHALT PARKING LOT AND CURB 78 77 76 75 74 73 72 71 70 69 68 PROPOSED PARKING LOT RETAINING WALL — �L IMPACT #5 PERMANENT ZONE 1 BUFFER IMPACT 68 LF (68 SF) PROPOSED RETA INING WALL a P ROPOS 78 77 76 75 74 73 ED GRAD EXISTING GRAD E -30 -20 -10 10 20 30 TYPICAL RETAINING WALL CROSS SECTION 40 E 72 71 70 69 68 — — / / ZONE 2 41. - - PROPOSED RIPRAP ENERGY DISSIPATORS IMPACT #6 TEMPORARY ZONE 2 BUFFER IMPACT 324 LF (2,246 SF) BUFFER IMPACTS 50 GRAPHIC SCALE 0 25 50 100 1 inch = 50 Ft. NOTE: 2' CONTOURS PER LENOIR COUNTY GIS /3 ZONE 2 EXISTING STORMWATER INFRASTRUCTURE IMPACT # ZONE 1 TEMPORARY PERMANENT TEMPORARY ZONE 2 PERMANENT 4 12,897 SF (0.30 AC) 5 68 SF (<0.01 AC) 6 2,246 SF (0.05 AC) TOTAL 12,897 SF (0.30 AC) 68 SF (<0.01 AC) 2,246 SF (0.05 AC) No. Revision Date 1 By Designer Scale WR AS NOTED Drawn By Date KEB 11/8/20 THE WILLOWS APTS STREAM STABILIZATION n Lenoir County BUFFER IMPACT MAP \/ WithersRavenel 1/ Engineers I Planners I Surveyors Sheet No 3 Checked By lob No. 02180652.11 Kinst0 North Carolina 115 MacKenan Drive I Cary, NC 27511 t: 919.469.33401 license #: C-0832 I www.withersravenel.com STREAM 1 PERENNIAL CITY OF KINSTON WILLOWS APTS STREAM STABILIZATION KINSTON LENOIR COUNTY NORTH CAROLINA • CAREY ROAD PROJECT LIMITS 50' NEUSE RIVER RIPARIAN BUFFER STREAM/BUFFER DELINEATION EXHIBIT GRAPHIC SCALE 0 50 100 1 inch = 100 ft. THE WILLOWS APARTMENTS I!WithersRavenel Engineers Planners Surveyors ■■■ ■■ NC DEPARTMENT OF ■■. ■a NATURAL AND CULTURAL RESOURCES • •D• March 31, 2021 Troy Beasley Withers & Ravenel 115 MacKenan Drive Cary, NC 27511 RE: The Willows Apts Stream Stabilization; 02180652.11 Dear Troy Beasley: Roy Cooper, Governor D. Reid Wilson, Secretary Walter Clark Director, Division of land and Water Stewardship NCNHDE-14359 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 4) 121 W. JONES STREET, RALEIGh 1_ NC 27603 • 16S1 MAIL SERVICE CENTER. EIOH, NC 27699 OFC V19 707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area The Willows Apts Stream Stabilization Project No. 02180652.11 March 31, 2021 NCNHDE-14359 No Element Occurrences are Documented Within a One -mile Radius of the Project Area No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Caswell Research Farm NC Department of Agriculture, Research State Stations Division Cunningham Research Station NC Department of Agriculture, Research State Stations Division Caswell Developmental Center NC Department of Health and Human State Services Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on March 31, 2021; source: NCNHP, Q4 January 2021. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-14359: The Willows Apts Stream Stabilization kpt,� br ,„;.\ 1 �t' § a c fi z sY1°rs �r �n cb . ereardale Pr Fes POMO, Dy Rd ' RC o- c. Erclo S�Rp 2 Cowan Clue _ClaSn•-r v• fbadaft, br Anrr Pr NOCSIr.r Pork 8o f 6 Le March 31, 2021 ❑ Project Boundary ❑ Buffered Project Boundary • Managed Area (MAREA) 1:21,739 O 0.175 0.35 0.7 mi O 0.275 0-55 1-1 km Sources: Esri, HERE. Garmin. !Merman. increment P Corp.. GEBCO, USGS. FAO. NFS. NRCAN• Geo$ase, IGN. Kadaster NI_ Ordnance Survey. Esri .Jepan. ME1I- Esri China {Hang Kpngt, [c] Operr$lreeWlap conytrltprg, and the GIS User Community Page 3 of 3 Endangered Species, Threatened Species, and Candidate Species, Lenoir County, North Carolina Updated: 07-17-2020 TR VALIGN=TOP> Common Name Scientific name Federal Record Status Status Vertebrate: American alligator Bald eagle Carolina madtom Range by Basin Neuse River waterdog Range by_ basin Red -cockaded woodpecker West Indian manatee Invertebrate: Atlantic pigtoe Range by Basin Vascular Plant: Georgia lead -plant Sensitive joint -vetch Venus' fly -trap Nonvascular Plant: Lichen: Alligator mississippiensis Haliaeetus leucocephalus Noturus furiosus Necturus lewisi Picoides borealis Trichechus manatus Fusconaia masoni T (S/A) Current BGPA Current ARS Current ARS Current E Historical E Current ARS Current Amorpha georgiana var. georgiana ARS Aeschynomene virginica Dionaea muscipula Historical T Historical ARS Historical Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "Cl" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species; although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting species proposed for listing. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Bald and Golden Eagle Protection Act (BGPA): In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de- listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit http://www.fws.gov/migratorybirds/baldeagle.htm Threatened due to similarity of appearance(T(S/A)): In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - Based on NC Natural Heritage Program information, this taxon is considered to be extant in the county. Historical - Based on NC Natural Heritage Program information, this taxon is considered to be historical in the county, meaning that all recorded occurrences are either extirpated, have not been found in recent surveys, or have not been surveyed recently enough to be confident they are still present. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. •CONNECTGIS HOSTING WB Lenoir2 Printed March 31, 2021 See Below for Disclaimer 1:189Feet Tax Parcel; Cour+ty tines wt.rrounding Counties Magyar Roads Railroads NCRR Lenoir Corridor LI Lenoir Streets Lenoor Municipals 0 GriRon rtvion 4..3 LE Grange ElPik Hill Flpod plain Roadway Viatershed Crrtical Area Watershed Protected Area 0 elcome to Lenoir Coun a€''s NEW Ma..in. Service. PLEASE NOTE: The Parcel Record Number is NOT the PIN. Searchin. the Parcel Record Numbers for a 12 di. it number will result in an error! +OWNERSHIP 17520 2019 5/18/2019 EWT 22 LLC 99 FISHERVILLE RD CONCORD NH 03303 DEED: 1649 798 +--15---+----22 2 5 2 2 9 9 +--15--D+ +----22----C+ • • 2 2 1 7 • 65-+ B 6 +A--17---+-5+ RES - IMP DIMENSIONS: A-DR1 U25DR1 PROPERTY DESCRIPTION THE WILLOWS APTS TOTAL 187 UNITS 3219 CAREY RD TOPO ISTREET LAND CLASS 9R LAND LAND VALUE: # OTHER FEAT 60 46CPOOL-CON (UTILITY TAX SUBDIVISIONS KINSTON COUNTY/CITY OF KINSTON ZONING RA6 NOTES: MAP NUMBER CARD NO 451610454482 1 RECORD NUMBER: 14600 ROUTE 10002000 LISTER: LNHSTOCKS 8072018 REVIEW: 15.800 ACRES NBHD SIZE * RATE *SIZ%*DPT%*ADJ% 15.80AC 15000 1.00 1.00 1.00 OTHER VALUE: FNDATIONIXTRFNISHIHEAT&AIR CONCRETEIBR+FRAMEIHEATPUMP SLAB IBR+FRAMEIHEATPUMP (BRICK IFWA/CAC BASERATE*SIZ%= 40.00 ADJRATE 15000 0995 =LND-VALUE 237000 237000 UNITS *QGR%-COND%=OFB-VALU 1 1.00 .01 17023 ROOFMTRLISIZE/QTYI DPRT:DEPR - RESIDENTIAL - STD COMPSHNGI1.00STHT1 I 9'WALLI BDRMI C AYB 1971 EYB 1977 7DU6DR5DU21DL22DD27 B-MR17DU6DR5DD6DL5 C-MR17MR5MU27DL22DU29DR22DD29 5DD25 # STRUCTURE SKTCH-SF* A 01 SINGLE F 564 A B C D 0110 0104 30 3010 3004 82 71 7112 7103 81 HEATPUMP BR+FRAME OFC-AVG HEATPUMP BR+FRAME PORCH -EN CLUBHOUS FWA/CAC BRICK PORCH STHT BASERATE 1.00 79.84 .8220 2.00 1.50 564 1.00 103.66 .8765 .95 SIZE% *WLHT%= 2.54- 30 1.00 66.03 .6651 638 1.00 72.66 .9704 .97 7.85 375 1.00 HSF: 31.91 .6646 21.207 1766.00 %COMP: 100 STRUCTURE VALUE: ADJRATE* AREA*%STY= 65.628 564 1.00 2.000 564 1.500 564 86.314 564 1.00 564 2.540- 564 43.916 30 1.00 68.393 638 1.00 7.850 638 638 375 1.00 RPCN: 81.62 D-MU27MR22ML22MU4DL15D COST QG% 37014 1128 846 48681 1432- 1317 43634 5008 7952 144148 1.00 QGRCN/HSF QG RCN -DEPR%-CND%= 144148 - .40- _ 17023 FMV 86489 48.97 FMV/HSF 86489 CITY OF KINSTON WILLOWS APTS STREAM STABILIZATION KINSTON LENOIR COUNTY NORTH CAROLINA CAREY ROAD PROJECT LIMITS THE WILLOWS APARTMENTS AERIAL PHOTO - 2020 GRAPHIC SCALE 0 50 100 1 inch = 100 ft. I! WithersRavenel Engineers I Planners I Surveyors Beasley, Troy From: Beasley, Troy Sent: Thursday, February 4, 2021 9:44 AM To: Thompson, Emily B CIV USARMY CESAW (US); Pullinger, Robert C Subject: RE: The Willows Apartments Stream Stabilization - Kinston, Lenoir County - 404/401/Buffer Permitting Questions (WR#02180652.11) Attachments: The Willows Apartments Stream Stabilization - Impact Maps.pdf Emily, Good talking to you this morning. Below is a recap of the our conversation regarding this project: • Since the proposed laying back of the slopes would occur above the OHWM, the project does not require a NWP 13 from the USACE as there will not be any disturbance to the jurisdictional stream channel (below OHW). • The proposed riprap dissipators would not be authorized under a NWP 13. However, they would be authorized under a NWP 18 since the riprap would be less than 10 cubic yards of fill below the OHWM. Additionally, this may meet conditions for a non -notifying NWP 18, but since a 401 WQC is required, we will submit the PCN to the USACE for issuance of the NWP 18 for the City of Kinston's records. I will plan on submitting the application through the online PCN after the 401 Pre -Filing Meeting Request 30-day period ends on 2/24/2021. Troy Beasley IlilithrsRaenel ouf Paa 'we Maw 219 Station Road, Suite 101 I Wilmington, NC 28405 Office: 910.256.9277 I Direct: 910.509.6512 Mobile: 910.622.012:- tbeasley@withersravenel.com MUDD n CONFIDENTIALITY AND NONDISCLOSURE From: Beasley, Troy Sent: Tuesday, January 26, 2021 11:33 AM To: Thompson, Emily B CIV USARMY CESAW (US) <Emily.B.Thompson@usace.army.mil>; Pullinger, Robert C <chris.pullinger@ncdenr.gov> Subject: The Willows Apartments Stream Stabilization - Kinston, Lenoir County - 404/401/Buffer Permitting Questions (WR#02180652.11) Emily, We are working with the City of Kinston on the stream stabilization project adjacent to The Willows Apartments on Carey Road in Kinston, Lenoir County. The stream along the western edge of the parking lot experiences significant erosion with vertical banks on the eastern side, which has resulted in a portion of the parking lot collapsing. 1 The proposed project consists of construction of a new retaining wall to stabilize the parking lot so it can be reconstructed. The retaining wall will be constructed outside of the stream bed, as shown in the attached impact maps. After the retaining wall is constructed, the eastern bank of the stream will be graded back to create a 3:1 slope and stabilize with live sod, which will restore the existing conditions of the riparian buffers along the eastern stream bank which are currently mowed/maintained grass. Additionally, small rip -rap dissipators will be installed below the three existing stormwater drainage outfalls from the parking lot. The riprap dissipators are needed to reduce outfall velocity that is contributing the erosion of the western stream bank. Question 1- The project will result in 605 If of the stream stabilization with natural techniques (non -armoring). While NWP 13 has a threshold of 500 If, the grading of the slopes will occur entirely outside of the stream channel and won't result in any disturbance or placement of fill within the stream channel specifically for grading of the slopes. So how exactly does this affect the 500 If threshold? Question 2 - Are the riprap dissipators placed below the existing storm drainage outfalls can also be considered part of the "streambank stabilization" since their purpose is to prevent further erosion of the channel and stream banks during heavy flow. The amount of riprap proposed is very small and will not exceed one cubic yard per linear foot. Since Streambank Stabilization and Protection of Existing Structures (retaining wall) are classified as "Allowable Upon Authorization" in the 2020 Neuse River Buffer Rules, the project will require a 401 WQC and Buffer Authorization. Chris — I just submitted the pre -filing meeting request today. Thanks for your help! Let me know if it's easier to discuss this over the phone. Troy Beasley 1111 it.Withers) aveneL . -eriF — 5.31-00ge 219 Station Road, Suite 101 I Wilmington, NC 28405 Office: 910.256.9277 I Direct: 910.509.6512 Mobile: 910.622.0122 tbeasley@withersravenel.com ® II GI n CONFIDENTIALITY AND NONDISCLOSURE 2 Beasley, Troy From: laserfiche@ncdenr.gov Sent: Friday, February 26, 2021 12:02 AM To: Beasley, Troy Cc: robert.tankard@ncdenr.gov Subject: Pre -Filing Time Clock has been reached for Willow Apartments Stream Statbilization - 20210168 Ver 1 Attachments: DWR Pre -Filing Meeting Request Form.pdf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Willow Apartments Stream Statbilization that you submitted on 1/26/2021. The ID number for that project is 20210168, Version 1. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. 1 DWR Pre -Filing Meeting Request Form NORTH CA:iOLINA 6nvlronmerrtal Qualify Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Troy Beasley tbeasley@withersravenel.com City of Kinston Willow Apartments Stream Statbilization Lenoir Owner Address:* Street Address 219 Station Road Address Line 2 Suite 101 City State / Rovince / Region Wilmington North Carolina Fbstal / Zip Code Country 28405 USA Is this a transportation project?* C Yes f' No Type(s) of approval sought from the DWR: rJ 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* (' Yes c: No Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below.* The project consists of stabilization of the stream banks to address extensive erosion that has caused the parking lot of the Willow Apartments parking lot to collapse into the stream. The proposed project consists of construction of a retaining wall to reconstruct the portion of the parking lot that collapsed, as well as stabilization of the eastern bank of the stream by laying the slopes back to a 3:1 slope. Additionally, small riprap dissipators will be constructed below three existing storm drainage outfalls in order to dissipate outfall velocity to prevent further erosion of the western stream bank. Please give a couple of dates you are available for a meeting. 1/27/2021 2/1/2021 2/4/2021 2/8/2021 2/11/2021 Please attach the documentation you would like to have the meeting about. The Willows Apartments Stream Stabilization - Impact Maps.pdf pdf only 1.31 MB By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • !also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 1/26/2021