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HomeMy WebLinkAbout20211008 Ver 1_ePCN Application_20210722DWR Dlrlslon 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 r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20211008 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Central Office - (919) 707-9000 Information for Initial Review la. Name of project: Foldair Road Culvert Replacement la. Who is the Primary Contact?* Randal Howard 1b. Primary Contact Email:* rhoward@sungatedesign.com Date Submitted 7/22/2021 Nearest Body of Water New Hope Creek Basin Cape Fear Water Classification WS-V: NSW Site Coordinates Latitude: Longitude: 36.005891-79.095319 A. Processing Information County (or Counties) where the project is located: Orange Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Rick Trone:eads\rvtrone 1c. Primary Contact Phone:* (919)710-8462 Is this a courtesy copy notification?* r Yes r No ID# Version Pre -fling Meeting or Request Date 6/18/2021 Attach documentation of Pre -Filing Meeting Request here: dick the upload button or drag and drop files here to attach document Fwdair_Pre-Flling Meeting Request.pdf File type mast be FCF 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular r 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 DWR401 Certification: For the record only for Corps Permit: 101.01 KB f 401 Water Quality Certification - E>q)ress V Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Fo>dair Homeowners Association, Inc. 2b. Deed book and page no.: D.B. 704 Page 35 2c.Contact Person: Mr. William Kier r Yes r No r Yes r No 2d.Address Street Address 5101 Fo:dair Rd. Address tine 2 City State / Province / l3gion Chapel Hill NC Postal / Zip Code Country 27516 United States 2e. Telephone Number: 2f. Fax Number: (919)656-9960 2g. Email Address:* billkier@bio.unc.edu 4. Agent/Consultant (if applicable) 4a. Name: Randal Howard 4b. Business Name: Sungate Design Group, PA 4c.Address Street Address 905 Jones Franklin Rd Address tine 2 Clly State / Province / Rion Raleigh NC Postal / Zip (ode Country 27606 United States 4d. Telephone Number: 4e. Fax Number: (919)710-6462 4f. Email Address:* rhoward@sungatedesign.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Chapel Hill 2. Project Identification 2a. Property Identification Number: 2b. Property size: WA N/A 2c. Project Address Street Address Fo)dair Rd Address Line 2 (Sty State / Province / Region Chapel Hill NC Postal / Zip Code Country 27516 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* New Hope Creek 3b. Water Resources Classification of nearest receiving water:* WS-V: NSW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020601 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:* EAsting concrete structure with 3 @ 30" CMP culverts crossing New Hope Creek as part of a private road serving a residential neighborhood. Epsting culvert contains large cracks and surface wear. A metal plate is currently being used to cover a missing section of the culvert deck. The surrounding area is wooded With residential land use. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 66 4h. Explain the purpose of the proposed project:* The project proposes to replace an epsting, failing 3@30" corrugated metal pipe culvert in poor condition with an 2@81 "x59" corrugated aluminum pipe -arch. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project proposes to replace the epsting 3@30" corrugated metal pipe culvert with 2 @81"x59" corrugated aluminum pipe -arch with aluminum headwalls on the inlet and outlet. Stream flow will be maintained during construction using a temporary pump around system. Impervious dikes and silt bags (special stilling basins) will be used to dewrater the work area. The proposed culvert will be constructed at the same location as the epsting culvert. Class II riprap streambank stabilization is proposed on the banks of the inlet and outlet channel. An erosion control permit is not required for this project, however an erosion control plan is included using standard erosion control practices. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No O Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 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?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries W Buffers r Open Waters r Pond Construction 3. Stream Impacts _� E 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type* Type of 3gSwidth * 3h. ImpactM ❑ �[3f. urisdiction* length* S1 Culvert Replacement Permanent Culvert lffp. Creek Perennial BothP Average (feet) (linearfeet) S2 Culvert Replacement P Permanent Bank Stabilization New Ho a Creek P Perennial Both 19 7 Aver�e(feet) (linearfeet) H Culvert Replacement Temporary Dewatering New Hope Creek Perennial Both 19 48 Aver�e(feet) (lin�rfeet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 10 31. Total stream and ditch impacts: 58 3j. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. r Neuse r Catawba r Goose Creek r Other 31. Total temporary stream impacts: 48 r Tar -Pamlico r Randleman P Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 613. Zone 2 impact Road Crossing - Allowable T New Hope Creek No 1,001 456 Road Crossing - Allowable P New F pe Creek No 1,428 2 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 1,001.00 456.00 Zone 1 Zone 2 Total Permanent impacts: 1,428.00 2.00 Zone 1 Zone 2 Total combined buffer impacts: 2,429.00 458.00 6i. Comments: 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: Avoidance and minimization design efforts include headwalls at the inlet and outlet to minimize culvert length, minimizing roadway grade changes to avoid extensive cut and fill slopes, and replacement of the culvert at the same location as the existing culvert. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Avoidance and minimization construction techniques include using impervious dikes and a pump -around operation in -lieu of a diversion channel, and the use of silt bags (special stilling basin) in -lieu of a large excavated stilling basin. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Proposed roadway crossing impacts are within the limits of allowable impacts. 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? r Yes r No What type of SCM are you providing? u r Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SMNT) r Other SCM that removes minimum 30 % nitrogen W Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r 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? r Yes r No r N/A - project disturbs < 1 acre Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This is a replacement of an existing culvert. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Fish and Wildlife Services website 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* State Historic Preservation Office Historic Properties Map 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: A Floodplain Development Permit will be obtained from Orange County prior to construciton. 8c. What source(s) did you use to make the floodplain determination?* NC FRIS website 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. Qick the upload button a drag and drop files here to attach docurrent Foxlalf_Buffef-401-404_Permit Drawings_20210722.pdf 472.78KB File rrust be FDF or IgVE Comments Signature * W By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. 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Q�alily Foxlair Homeowners Association (Attn: Mr. William Kier) Foxlair Road Culvert Replacement Project Orange 5101 Foxlair Rd Chapel Hill 27516 * Yes 0No Type(s) of approval sought from the DWR: .. 401 Water Quality Certification - Regular ❑ Individual Permit ❑ Shoreline Stabilization Does this project have an existing project ID#?* Yes No NC United States 401 Water Quality Certification - Express Modification Do you know the name of the staff member you would like to request a meeting with? No Please give a brief project description below and include location information.* The Foxlair Road Culvert Replacement project proposes to replace a 3@30" corrugated metal pipe culvert under Foxlair Road at the New Hope Creek crossing. The existing culvert is in overall poor condition with extensive cracking in both end - walls, cracking and partial failure of the concrete deck, and separation of the culvert barrels from the end -walls. The existing culvert is proposed to be replaced with 2@81"x59" corrugated aluminum pipe -arches with an aluminum headwall on the inlet and outlet. Please attach the documentation you would like to have the meeting about. Foxlair_Pre-Filing Meeting_Preliminary Plan ... 468.67KB 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. I 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 6/18/2021