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HomeMy WebLinkAbout20211052 Ver 1_ePCN Application_20210628DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes ✓ No Is this project a public transportation project?* ✓ Yes r No Change only if needed. BIMS # Assigned* Version#* 20211052 1 Is a payment required for this project?* r No payment required ✓ Fee received ✓ Fee needed - send electronic notification Select Project Reviewer* Stephanie Goss:eads\szgoss Information for Initial Review Reviewing Office* Raleigh Regional Office - (919) 791-4200 la. Name of project: COURTESY COPY Windward Drive Culvert Endwall la. Who is the Primary Contact?* Dave Hawkins 1b. Primary Contact Email:* pmhawkins50@gmail.com Date Submitted 6/28/2021 Nearest Body of Water Lake Gaston Basin Roanoke Water Classification WS-V, B Site Coordinates Latitude: 36.52541 Longitude: -77.94032 lc. Primary Contact Phone:* (804)543-4993 A. Processing Information County (or Counties) where the project is located: Warren Is this a NCDMS Project ✓ Yes r No Is this project a public transportation project?* ✓ Yes r No Pre -Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes r No la. Type(s) of approval sought from the Corps: 17 Section 404 Permit (wetlands, streams and waters, Clean Water Act) I— 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? 17 Nationwide Permit (NWP) I— Regional General Permit (RGP) I— Standard (IP) lc. Has the NWP or GP number been verified by the Corps? ✓ Yes f No Nationwide Permit (NWP) Number: 03 - Maintenance NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: (7 401 Water Quality Certification - Regular I— Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification 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?* ✓ Yes GNo r 401 Water Quality Certification - Express r Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes RNo lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo lh. Is the project located in any of NC's twenty coastal counties? ✓ Yes RNo 1j. Is the project located in a designated trout watershed? ✓ Yes F. No B. Applicant Information Id. Who is applying for the permit? r Owner 17 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* ✓ Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Mark Kleinheinz 2b. Deed book and page no.: 829 / 109 2c. Contact Person: 2d.Address Street Address 221 Lynwood Rd Address Line 2 (lly State / Bovine / Region Littleton NC Fbstal / Zip Code Country 27850 USA * F Yes r No F Yes r No 2e. Telephone Number: (984)234-2350 2f. Fax Number: 2g. Email Address:* ma r k ma ryk l e i n h e i n z@g ma i I. co m 3. Applicant Information (if different from owner) 3a. Name: Spinnaker Pointe Homeowners Association, Inc 3b. Business Name: 3c. Address Street Address 99 Mariner Rd Address Line 2 Oty State/ Rovince / Ragion Littleton NC Postal / Zip code Country 27850 USA 3d. Telephone Number: 3e. Fax Number: (804)543-4993 3f. Email Address:* pmhawkins50@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Daryl Norris 4b. Business Name: Norris Environmental Engineering, PLLC 4c.Address Street Address 175 Glebe Creek Landing Rd Address Line 2 aly Bath Postal / Zip Code 27808 4d. Telephone Number: (919)868-8656 4f. Email Address:* norrisenv@gmail.com State / Bovine/ Region NC Country USA 4e. Fax Number: C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (ff appropriate) Spinnaker Pointe lc. Nearest municipality/ town: Littleton 2. Project Identification 2a. Property Identification Number: 3011124017 2c. Project Address 2b. Property size: 10.27 Street Address 221 Lynwood Rd Address Line 2 aty State / Province / legion Littleton NC Postal / Zip code Country 27850 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Lake Gaston 3b. Water Resources Classification of nearest receiving water:* WS-V, B 3c. What river basin(s) is your project located in?* Roanoke 3d. Please provide the 12-digit HUC in which the project is located. 030101060401 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Existing culvert for private roadway, Windward Drive, has some shoulder erosion on upstream end of culvert. Subdivision and road were originally platted in 1985. Drainage area upstream is mostly wooded and undeveloped with a commercial shopping center at the far top of the drainage area. Immediately downstream is Lake Gaston and the Spinnaker Pointe neighborhood marina. The private roadway of Windward Drive, Littleton NC in the Spinnaker Pointe neighborhood drops down to cross a small creek feeding into Lake Gaston at the head of the neighborhood marina. The road serves as the only means of ingress and egress for 19 residential properties. The stream both upstream and downstream of the Windward Drive crossing is in a fully wooded area with mature pine and hardwood trees, a small amount of undergrowth and some moderate streambank erosion and incising. The drainage area of this stream is mostly undeveloped wooded land but the upper end of the drainage area includes a large church and commercial development of a gas station and grocery shopping center along Eaton Ferry Road and is platted for future residential development. The crossing is accomplished by a 36" reinforced concrete pipe (RCP) that extends from each toe of the roadway shoulder. Currently the pipe has no headwalls, endwalls, flared end sections, rip rap, or other end pipe or outlet treatments. Property owners have reported flooding across the road during severe rain events. Recent heavy rain events, while not topping the roadway, have caused erosion on the upstream shoulder of the road, raising concerns for the structure of the roadway and safety of travel. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes C No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: WA, none in project area 4g. List the total estimated linear feet of all existing streams on the property: unknown, project area is within right of way only 4h. Explain the purpose of the proposed project:* This project is to repair erosion on the upstream road shoulder at the stream culvert and install a pre -cast endwall onto the upstream end of the culvert pipe and stabilize and protect against future erosion. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* This project is to install a precast endwall to minimize roadway disturbance, provide extended protection from future erosion, and minimize construction and maintenance costs. Installation Procedures, Materials, and Specifications: The NC Department of Transportation (NCDOT) "English Standard Drawing for Precast Concrete Endwall" (Standard #838.80) will be used. The selected contractor may source equivalent products upon approval of the association provided products meet or exceed the standard specifications referenced in this report. A proper footing for the precast endwall must be a firm granular compacted graded to allow the lip of the apron to rest level with the bottom of the stream bed. The stream bed should be excavated to allow for the front toe of the endwall and backfilled and compacted in front of the toe. Once set in place over the end of the existing culvert pipe, the existing pipe should be completely grouted into the endwall to ensure a water tight fit. Backfill behind the endwall should be of suitable compactable material and should be installed and compacted in no more than 8" lifts. The roadway shoulder should be graded to minimize slope from the edge of pavement to the top of the endwall. The shoulder should be topped with at least 3" of topsoil and either planted with sod grass, or seeded and matted with erosion control matting. The shoulders may require minor regrading and reseeding if erosion occurs prior to grass establishment. Erosion control fencing or silt socks should be used to divert any concentrated flows from any freshly seeded areas. Installation Sequence: 1. Install silt fence and appropriate erosion control measures 2. Install cofferdam or diversion and bypass pump in stream 3. Excavate road shoulder and stream bed at upstream end of culvert exposing the end of the culvert 4. Compact and level footing for endwall 6" below bottom of outside of pipe. 5. Excavate sufficient size trench for the toe along the front of apron allowing for sufficient room to maneuver the headwall over the end of the pipe 6. Install endwall over end of culvert pipe ensuring the pipe end is flush with the front face of the back wall. 7. Grout pipe to the endwall completely filling and sealing any gaps between the pipe and endwall. 8. Backfill around the pipe with suitable compactable material to the top level of the structure ensuring good compaction as you go. 9. Fill upstream of the toe to bring stream bed flush with apron elevation. 10. Backfill behind wing walls and up the road shoulder and grade to slope back to the edge of pavement. 11. Install 3" of topsoil over all disturbed areas. 12. Seed with contractor mix and covered with erosion control matting OR install sod and roll. 13. Install silt socks or erosion control fencing to divert flow from freshly seeded areas. 14. Remove stream diversion and pump 15. Once seed or sod has established, remove remaining erosion control measures. Equipment to be used will include an excavator to grade the slopes, and place the endwall. Other equipment such as bypass pumps will be used to ensure work is performed in the dry. A Nationwide 3 (maintenance) permit authorizes the removal of accumulated sediments and debris to the minimum necessary to restore the waterway within 200 feet of the structure. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States. It also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes Comments: 6' No r Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ✓ Preliminary r Approved r Not Verified r Unknown F N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* ✓ Yes n 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? N/A [9. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r Wetlands rJ Streams -tributaries r Open Waters r Pond Construction 3. Stream Impacts r 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* Si Erosion Repair Permanent Bank Stabilization UT to Lake Gaston Perennial Both 8 Avenge (feet) 20 (linear feet) $2 Bypass Pumping Temporary Dewatering UT to Lake Gaston Perennial Both 8 Average (feet) 20 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 20 3i. Total stream and ditch impacts: 40 3j. Comments: E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 20 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Using a pre -cast endwall will minimize the construction time and disturbance to the stream and needed pump around impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States. It also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ✓ yes ( No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Maintenance activities covered by Nationwide 3. 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 ( No If no, explain why: No riparian buffer rules for this watershed. Project is maintenance activities to existing roadway culvert covered by Nationwide 3. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes f No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ✓ Yes rNo 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: G. Supplementary Information 1. Environmental Documentation r No la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* • Yes 6' 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)?* ✓ Yes ( No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes a No 3b. If you answered "no," provide a short narrative description. only for maintenance of existing roadway culvert. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* CYes rNo(7 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 f• No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes ( No 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8? ✓ Yes ('No G No r Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ✓ Yes G No 5g. Does this project involve bridge maintenance or removal? ✓ Yes ('No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes G 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 r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFW IPAC online 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes 6. No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* ✓ Yes a No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC Historic Preservation Office Web Mapper 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* ✓ Yes r No 8b. If yes, explain how project meets FEMArequirements: No additional fill is being placed, just stabilizing eroded roadway shoulder and installation of endwall on to the culvert. No change in the pipe size or capacity. 8c. What source(s) did you use to make the floodplain determination?* NC FRIS Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach docurrent Rlecrust be FCF orI u Comments Signature ,V 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: Daryl Norris Signature Date 6/28/2021