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HomeMy WebLinkAbout20211516 Ver 1_ePCN Application_20211018DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* Version#* 20211516 1 Is a payment required for this project? No payment required What amout is owed?* Fee received $240.00 Fee needed - send electronic notification $570.00 Reviewing Office* Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Colleen Cohn:eads\cmcohn Information for Initial Review 1a. Name of project: Grove Park Stream Restoration Project la. Who is the Primary Contact?* Joshua White 1 b. Primary Contact Email: * 1c. Primary Contact Phone:* josh@waterlandsolutions.com (919)819-1996 Date Submitted 10/18/2021 Nearest Body of Water Little Lick Creek Basin Neuse Water Classification WS-IV:NSW Site Coordinates Latitude: Longitude: 35.970808 -78.823136 A. Processing Information u County (or Counties) where the project is located: Durham Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Pre -Filing Meeting Information Is this a courtesy copy notification?* Yes No ID# Version Pre -fling Meeting or Request Date 6/21 /2021 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf File type must be PDF 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 27 - Restoration NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit 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: 1f. Is this an after -the -fact permit application?" Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?" Yes No 2. Owner Information 2a. Name(s) on recorded deed: GROVE PARK COMMUNITY ASSOCIATION INC 2b. Deed book and page no.: 2438/0235, 6185/0750 2c. Contact Person: John Byrd 54.43KB 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d.Address Street Address 300 Nichols Farm Drive Address Line 2 City Durham Postal / Zip Code 27703 2e. Telephone Number: (919)957-7672 2g. Email Address:* johnebyrd@aol.com 3. Applicant Information (if different from owner) 3a. Name: Eddie Culberson 3b. Business Name: Durham Soil & Water Conservation District 3c.Address Street Address 201 E Main Street Address Line 2 Floor 5 City Durham Postal / Zip Code 27701 3d. Telephone Number: (919)560-0558 3f. Email Address: eculberson@dconc.gov 4. Agent/Consultant (if applicable) 4a. Name: Joshua White 4b. Business Name: Water & Land Solutions, LLC 4c. Address Street Address 6 1/2 N. State Street Address Line 2 Unit A City Westerville Postal / Zip Code 43081 4d. Telephone Number: (919)819-1996 4f. Email Address: josh@waterlandsolutions.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Grove Park 1c. Nearest municipality / town: Durham State / Province / Region NO Country USA 21'. Fax Number: State / Province / Region NO Country USA 3e. Fax Number: State / Province / Region OH Country USA 4e. Fax Number: 2. Project Identification 2a. Property Identification Number: 0850-01-29-8581, 0850-01-29-5376, 0850-02- 2b. Property size: 69-7810 75.88 2c. Project Address Street Address 300 Nichols Farm Drive Address Line 2 City State / Province / Region Durham NC Postal / Zip Code Country 27703 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Little Lick Creek 3b. Water Resources Classification of nearest receiving water:" WS-IV;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010504 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 existing project is an incised stream within land owned and managed by the Grove Park HOA. Primary land use adjacent to the project is for residential housing with some existing wooded parcels. The majority of the existing stream reaches and wetland areas have been significantly altered as a result of historic agriculture practices and current watershed development on and adjacent to the site. These practices have altered the hydrology of the site and has allowed unfiltered flow of sediment and nutrients through the site, leading to Falls Lake. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 1.096 4g. List the total estimated linear feet of all existing streams on the property: 6,750 4h. Explain the purpose of the proposed project: * The proposed grant -funded project seeks to improve water quality along three tributaries to Little Lick Creek in Durham County, North Carolina on Grove Park Community HOA property (the Site). This project aims to improve the water quality of the existing degraded stream channel through restoration practices. Water & Land Solutions, LLC (WLS) understands that the Site is experiencing excess vertical and lateral erosion that creates additional sedimentation into Little Lick Creek and Falls Lake. With funding from North Carolina Division of Water Resources (DWR), North Carolina Land and Water Fund (NCLWF), Triangle J Council of Governments (TJCOG), Durham Soil and Water Conservation District (DSWCD), and Piedmont Conservation Council, Inc. (PCC), WLS proposes to complete the design, permitting, and construction of—5,746' of stream restoration to reduce sediment erosion within the Falls Lake watershed. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed stream restoration and enhancement activities will be conducted on 3 stream reaches in the project area within the Little Lick Creek watershed. Activities will consist of filling the impaired/channelized portions of existing streams and restoring natural floodplain connections within reaches. Work will be conducted using trackhoe excavators, dump trucks, tractors with disk harrow or rippers, and other equipment typically used in restoration projects for channel construction, minor floodplain grading and in -stream structure installation. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Kyle Obermiller Agency/Consultant Company: Water & Land Solutions, LLC Other: 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type" 3f. Type of 3g. S. width* 3h. Impact ❑ Jurisdiction* length" S1 Restoration Permanent Relocation Reach 1 Perennial Corps15 1,958 Average (feet) Qinear feet) S2 Restoration Permanent Relocation Reach 2 Perennial Corps15 2,574 Average (feet) Qinear feet) S3 Restoration Permanent Relocation Reach 3 Perennial Corps �1,441 Average (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 5,973 0 31. Total stream and ditch impacts: 4 3j. Comments: The proposed stream restoration practices will provide a more natural hydrology and flow regime. The riparian buffer area will be planted with native species woody vegetation that is more tolerant of wetter conditions. The design approach will also improve existing areas of adjacent fringe, toe of slope or marginally functioning wetlands through higher water table conditions (elevated stream profiles) and a more frequent out of bank flooding. 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: Proposed stream impacts and mitigation activities will restore, enhance, preserve and protect approximately 5,746 linear feet of stream that flow directly into Little Lick Creek. Based on the Project location, the restoration of existing streams are likely the best solution to providing significant water quality benefits to offset lost aquatic resource functions. Raising the channel and hydrology as well as reconnecting the floodplain helps promote adjacent wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sedimentation and Erosion Control measures will be implemented during the construction phase per the NCDEQ - Land Quality S&EC Planning and Design Manual and approved permit conditions. The stream restoration work will involve filling the old degraded channel and constructing stable design channels. The contractor will work outside the degraded stream banks and only enter the channel from specific locations designated on the plans to minimize buffer disturbances. A pump-around/dewatering operation will be utilized to minimize sediment entering downstream. 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: This project is a grant funded stream restoration project. 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen 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 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: Project site meets the criteria for Low Density development and will not increase overall percent imperviousness. Stormwater/diffuse flows will be transported via stable vegetated channels and across restored stream channels and natural floodplain topography. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1 b. 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 (NEPA/SEPA)?* Yes • No Comments:* This project is not for mitigation; as per 15A NCAC 016C.0408, stream restoration is a minor construction activity and does not require an environmental document. 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. This project is a stream and wetland restoration project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes 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 No 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbines)?* Yes No ,v 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 No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS database, NCWRC Natural Heritage Program, and field survey for protected species and habitat. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes 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 No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* North Carolina Department of Natural and Cultural Resources State Historic Preservation Office (SHPO). attached letter from SHPO says "no historic resources" and no "comment on the project as proposed". 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: Online FEMA floodplain mapper 8c. What source(s) did you use to make the floodplain determination?* Reach 1, Reach 2, and portions of Reach 3 are in the 100-year floodway and the 100-year floodplain Zone AE. The proposed project will provide improved infiltration and storage in forested riparian buffers and result in only minor grading in the floodplain. The applicant will coordinate with Durham County floodplain administrator to determine potential effects (if any) and floodplain development approvals. 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 document Grove Park PCN Appendices ALL.pdf 7.79MB File must be PDF or KMZ Comments Attached are the appendices and figures related to the PCN submittal above, including correspondence letters and the PJD package for additional information pertaining to pre-existing conditions. Please note that item 3i. Total stream and ditch impacts under Section D. Proposed Impacts Inventory, should be "3" instead of "4'. There are only 3 stream and/or ditch impacts. Signature * 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 INC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the INC 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: Signature Sign Date 10/18/2021