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HomeMy WebLinkAbout20210966 Ver 1_ePCN Application_20210826 DWR 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?* 6' Yes ✓ No Is this project a public transportation project?* R Yes r No Change only if needed. BIMS#Assigned* Version#* 20210966 1 Is a payment required for this project?* ✓ No payment required 6' Fee received Reviewing Office* ✓ Fee needed-send electronic notification Central Office-(919)707-9000 Select Project Reviewer* Ryan Conchilla:eads\rjconchilla Information for Initial Review la.Name of project: Jones Creek Greenway 1a.Who is the Primary Contact?* Christina Moon 1b.Primary Contact Email:* 1c.Primary Contact Phone:* cmoon©townofcarrboro.org (919)918-7325 Date Submitted 8/26/2021 Nearest Body of Water Jones Creek/Buckhorn Branch Basin Cape Fear Water Classification WS-V;NSW Site Coordinates Latitude: Longitude: 35.956639 -79.098876 A. Processing Information L) County(or Counties)where the project is located: Orange Is this a NCDMS Project ✓ Yes ( No Is this project a public transportation project?* ( Yes r No Is this a NCDOT Project?* ( Yes r No (NCDOT only)T.I.P.or state project number: C-5181 WBS#(?) 46289.1.1 Pre-Filing Meeting Information Is this a courtesy copy notification?* C- Yes G No ID# Version 20210966 1 Pre-fling Meeting or Request Date 5/24/2021 Attach documentation of Pre-Filing Meeting Request here: Click the upload button or drag and drop files here to attach docurrent 20210966-Verl-,ones Creek_DWR_Pre-Filing_MeetingRequestForm.pdf 51.83KB Pie type mast be FCF 1a.Type(s)of approval sought from the Corps: [7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) r Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes ✓ No Please provide the date of the previous submission.* 6/28/2021 lb.What type(s)of permit(s)do you wish to seek authorization? 17 Nationwide Permit(NWP) r Regional General Permit(RGP) r Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? C' Yes f No Nationwide Permit(NWP)Number: 14-Linear transportation Nationwide Permit(NWP)Number: 03-Maintenance NWP Numbers(for multiple NWPS): 1d.Type(s)of approval sought from the DWR: I7 401 Water Quality Certification-Regular r 401 Water Quality Certification-Express r Non-404 Jurisdictional General Permit 17 Riparian Buffer Authorization 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: C- Yes s No For the record only for Corps Permit: 0' Yes C' No If.Is this an after-the-fact permit application?* CYes GNo 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? C- Yes R No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? C' Yes C No lh.Is the project located in any of NC's twenty coastal counties? C- Yes R No 1j.Is the project located in a designated trout watershed? C Yes F No B. Applicant Information Id.Who is applying for the permit? 17 Owner r Applicant(other than owner) le.Is there an Agent/Consultant for this project?* r Yes r No 2.Owner Information 2a.Name(s)on recorded deed: Multiple Owners-See plan sheets 2b.Deed book and page no.: 2c.Contact Person: Town of Carrboro 2d.Address Street Address 301 W.Main St. Address Line 2 (Sty State/Rovince/!Region Carrboro NC Postal/Zip Code Country 27510 United States 2e.Telephone Number: 2f.Fax Number: (919)918-7325 2g.Email Address:* c mo o n @town ofca rrb o ro.o rg 4.Agent/Consultant(if applicable) 4a.Name: Jonathan Hefner 4b.Business Name: Wetherill Engineering 4c.Address Street Address 1223 Jones Franklin Rd. Address Line 2 City State/Province/Region Raleigh NC Postal/Zip Code Country 27606 United States 4d.Telephone Number: 4e.Fax Number: (919)851-8077 (919)851-8107 4f.Email Address:* jhefner@wetherilleng.com C. Project Information and Prior Project History 1. Project Information 1b.Subdivision name: (f appropriate) 1c.Nearest municipality/town: Carrboro 2. Project Identification 2a.Property Identification Number: 2b.Property size: Multiple-see plans 2c.Project Address Street Address Address Line 2 aty State/Rovince/Region Fbstal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Jones Creek/Buckhorn Branch 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 HOC in which the project is located. 030300020603 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 proposed trail begins at the end of Lake Hogan Farms Road and crosses Buckhorn Branch via a proposed pedestrian bridge and connects to an existing concrete trail approximately 800 feet to the north.The trail runs parallel to Jones Creek along the edge of an existing sewer easement.The surrounding vicinity is primarily residential with forested land along streams and other areas.A future park is planned for the Orange County parcel at the northern end of the proposed trail. 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: 179 4h.Explain the purpose of the proposed project:* The project will fill the gap between the existing Twin Creeks trail and the Lake Hogan farms community and will support non-vehicular trips to Morris Grove Elementary School.This project proposes to enhance pedestrian mobility and safety and to encourage more pedestrian trips in the project area by eliminating the gaps between the existing infrastructure to provide a continuous pedestrian path for connectivity. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The proposed project involves the construction of a 10ft.wide multi-use path in the Orange County Town of Carrboro.The approximately 800ft.trail will begin at the current terminus of Lake Hogan Farms Rd.on the east side of the road and will run north connecting to the existing trail constructed by Orange County.The trail will have a 70 ft.long bridge over Buckhorn Branch.Piles will be driven at the proposed bridge crossing.Typical equipment will be utilized in the construction of the project. The project will also include an in-kind replacement of an existing 36"culvert that is located along an existing driveway that will be used for construction access.The culvert conveys Buckhorn Branch under the driveway.The replacement will be accomplished using impervious dikes and a pump around for a brief duration. 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes r No O Unknown Comments: Project Corridor reviewed by Carolina Ecosytems-no wetlands present 5b.If the Corps made a jurisdictional determination,what type of determination was made?* r Preliminary r Approved 6 Not Verified r Unknown r N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Phil May Agency/Consultant Company: Carolina Ecosystems Other: 6. Future Project Plans 6a.Is this a phased project?* s Yes O No 6b.If yes,explain. There are future plans to continue the greenway trail southward along Bolin Creek. 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 fJ Streams-tributaries m Buffers r Open Waters r Pond Construction 3.Stream Impacts 3a.Reason for impact(?) 3b.Impact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* 3f.Type of 3g.S.width* 3h.Impact (?) Jurisdiction* length* S1 Site 1-Equipment Access Temporary Other Buckhorn Branch Perennial Both 10 75 Average(feet) (linear feet) S2 Site 2-Culvert Replacement Temporary Dewatering Buckhorn Branch Perennial Both 6 20 Average(feet) (linear feet) S3 Site 2-Culvert Replacement Permanent Stabilization Buckhorn Branch Perennial Both 6 24 -Rip Rap Stabilization Average(feet) (linear feat) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 24 95 3i.Total stream and ditch impacts: 119 3j.Comments: 6. Buffer Impacts(for DWR) 6a.Project is in which protect basin(s)? Check all that apply. r Neuse r Tar-Pamlico r Catawba r Randleman r Goose Creek fJ Jordan Lake r Other b.Impact Type 6c.Per or Temp 6d.Stream name 6e.Buffer mitigation required? 6f.Zone 1 impact 6g.Zone 2 impact Site 1-Bridge Crossing,Allowable P Buckhorn Branch No 4,435 6,722 Site 2-Culvert Replacement P Buckhorn Branch No 1,880 0 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 6,315.00 6,722.00 Zone 1 Zone 2 Total combined buffer impacts: 6,315.00 6,722.00 6i.Comments: E. Impact Justification and Mitigation 1.Avoidance and Minimization 1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project will minimally impact streams by using a perpendicular bridge crossing.The bridge span is sufficiently long enough for rip rap to be placed at the bridge abutments without placing it on the stream banks. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment and erosion control measures will be implemented according to NC requirements,and approved prior to implementation.Jurisdictional areas that are not permitted to be impacted and are adjacent to construction areas will be clearly marked with protection fencing or other similar method to avoid encroachment.Copies of the issued permit and impact areas will be provided to the prime contractor and all subcontractors working in or near jurisdictional areas. 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: Only 95 feet of temporary stream impact and 24 feet of permanent stream impact is anticipated as a result of the project. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a.Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ( Yes rNo What type of SCM are you providing? r Level Spreader r Vegetated Conveyance(lower SMNT) n Wetland Swale(higher SHN(f) n Other SCM that removes minimum 30%nitrogen 7 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?* ( Yes r No Comments: NCDOT will review and approve plans. G. Supplementary Information 1. Environmental Documentation la.Does the project involve an expenditure of public(federal/state/local)funds or the use of public(federal/state)land?* ( Yes rNo lb.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 rNo 1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* ✓ Yes ( No Comments:* ACE has been prepared for the project and submitted to NCDOT for review.CE's are not required to be circulated through the State Clearing House. 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 area is already developed and this connection will provide existing residents access to the existing trail that connects to Morris Grove Elementary School. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes ( Nor N/A 5. Endangered Species and Designated Critical Habitat(Corps Requirement) 5a.Will this project occur in or near an area with federally protected species or habitat?* ( Yes rNo 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* F Yes r No 5c.If yes,indicate the USFWS Field Office you have contacted. Raleigh 5d.Is another Federal agency involved?* s Yes r No r Unknown What Federal Agency is involved? FHWA 5e.Is this a DOT project located within Division's 1-8? 6 Yes r No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Raleigh Field Office Website.https://wwwfws.gov/raleigh/ On-site evaluation of habitats 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes f No 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Fisheries EFH Mapper.https://www.habitat.noaa.gov/application/efhmapper/indexhtml 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 0 No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO Historic Properties Map(http://gis.ncdenr.gov/hpoweb/) 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* f Yes r No 8b.If yes,explain how project meets FEMA requirements: The proposed bridge is a single 70'span prefabricated steel truss bridge with a lowest low steel elevation of 484.38'(NAVD 88).The proposed bridge spans the regulated Non-Encroachment Area and the lowest low steel is above the regulated 100-year water surface elevations for both Buckhorn Branch and Backwater from Jones Creek.Therefore,no impacts to the floodway would be anticipated and the project meets requirements of FEMA 44 CFR Section 60.3(d)(3). 8c.What source(s)did you use to make the floodplain determination?* FEMA Floodplain Maps(https://msc.fema.gov/portal/search) Miscellaneous U 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 docunent 20210966-Ver1-JonesCreek_Drawings.pdf 20.54 MB Fle rrust be AT or KM Comments Signature * CJ 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: Jonathan Hefner Signature Date 8/26/2021