HomeMy WebLinkAbout20211658 Ver 1_ePCN Application_20211110DW R
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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*
20211658
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
1a. Name of project:
Culvert Rehab - 551 James Jackson Ave.
la. Who is the Primary Contact?*
Eric Kulz
1 b. Primary Contact Email:
eric.kulz@townofeary.org
Date Submitted
11/10/2021
Nearest Body of Water
UT to Coles Branch
Basin
Neuse
Water Classification
C; NSW
Site Coordinates
Latitude:
Longitude:
35.799437
-78.812667
A. Processing Information
County (or Counties) where the project is located:
Wake
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
Version# *
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
1c. Primary Contact Phone:*
(919)462-3931
ID#
Version
Pre -fling Meeting or Request Date
9/14/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
James Jackson Pre-App Mtg Request.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: 03 - Maintenance
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:
See Attachment B.2
2b. Deed book and page no.:
100.31 KB
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2c. Contact Person:
Eric Kulz
2d.Address
Street Address
Town of Cary
Address Line 2
P.O. Box 8005
City
Cary
Postal / Zip Code
27512-8005
2e. Telephone Number:
(919)462-3931
2g. Email Address:*
eric. kulz@townofcary.org
3. Applicant Information (if different from owner)
3a. Name:
Eric Kulz
3b. Business Name:
Town of Cary
3c. Address
Street Address
P.O. Box 8005
Address Line 2
City
Cary
Postal / Zip Code
27512-8005
3d. Telephone Number:
(919)462-3931
3f. Email Address:*
eric.kulz@townofcary.org
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
1 c. Nearest municipality / town:
Cary
2. Proiect Identification
2a. Property Identification Number:
See Attachment B.2
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT to Coles Branch
3b. Water Resources Classification of nearest receiving water:*
C; NSW
3c. What river basin(s) is your project located in?*
Neuse
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
2b. Property size:
State / Province / Region
Country
3d. Please provide the 12-digit HUC in which the project is located.
030202010801
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 site is a road crossing over a UT to Coles Branch. The site is located in a commercially developed area. Commercial/office/institutional properties are located to the east and
west of the site along James Jackson Avenue.
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:
0
4g. List the total estimated linear feet of all existing streams on the property:
800
4h. Explain the purpose of the proposed project: *
Two 66-inch reinforced concrete pipe (RCP) culverts convey the stream beneath James Jackson Avenue. The road was constructed in the 1990s, and trees have grown up over the tops
of the ends of the culverts. A sediment bar is blocking the downstream end of the right (northern) culvert. The purpose of the project is to rehabilitate the culverts to extend the functional
life of the structures to postpone the excavation and replacement of the culverts and the associated costs and road closure. In addition, we propose to remove sediment that is partially
blocking the downstream end of one of the culverts, in order to allow the system to pass storm flows more efficiently.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The Town proposes the following:
1. Removal of the trees from above the culvert pipes on both the upstream and downstream side of the road to prevent the tree roots from shifting the pipe sections or infiltrating the pipe
joints; and
2. Removal of the sediment bar in front of the south downstream culvert to improve storm flow passage through the culverts.
In addition, a temporary 20-foot wide access path from James Jackson Ave. will be constructed through the buffers ont he south side ogf the road to the downstream end of the culverts to
allow necessary equipment access.
Equipment for sediment removal will include a small trackhoe. Trees will be cut by hand and removed with a trackhoe or crane.
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):
Agency/Consultant Company:
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
11
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name* ��3e.
Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
3h. Impact
length*
S1
Sediment removal
Tem ora
P rY
Excavation
UT to Coles Branch
ff::]
Both
h;;;J�:]
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 16
3i. Total stream and ditch impacts:
16
3j. Comments:
Sediment to be removed from the downstream end of the south culvert to allow the system to more efficiently pass storm flows.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Tree Removal - Upstream
T
UT to Coles Branch
No
220
Tree Removal - Downstream
T
UT to Coles Branch
No
420
Temp. Access (Deemed Allowable)
T
UT to Coles Branch
No
600
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 1,240.00 0.00
Zone 1
Zone 2
Total Permanent impacts: 0.00
0.00
Zone 1
Zone 2
Total combined buffer impacts: 1,240.00
0.00
6i. Comments:
Buffer impacts are for removal of individual trees only. Shrubs and herbaceous vegetation will not be disturbed. Also proposed impacts include Z1
clearing associated with a temporary access path at the downstream culverts (Deemed Allowable in the Table of Uses).
E. Impact Justification and Mitiqation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The stream impact is limited to the removal of a sediment bar/wedge that is partially blocking the left upstream culvert.
Buffer impacts are limited to the removal of individual trees that are or have the potential to cause damage to the culverts through crushing/deformation
and infiltration into the culverts by roots. Stumps will be left in place, and no shrubs or herbaceous vegetation will be removed.
In addition, access paths will be limited in width to allow passage of the equipment needed to conduct the work.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Trees will be cut by hand and removed with a crane or trackhoe from the edge of the wooded area from high ground. The access road will be the
minimum width to accomodate necessary equipment (maximum 20 feet). Any disturbed areas will be seeded and strawed.
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:
Mitigation thresholds for stream buffer impacts (150 feet) have not been met. In addition, the tree removal activities are Allowable (protection of existing structures), while the temporary
access path is Deemed Allowable.
u
F. Stormwater Management and Diffuse Flow Plan (required by DWR) "k;
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
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 No
N/A - project disturbs < 1 acre
Comments:
Proposed project (tree removal) will not create concentrated stormwater flow through the buffer. Existing contours will not be altered, and any areas disturbed during access with culvert
rehab equipment will be stabilized with seed and straw, and allowed to revegetate. No permanent cleared areas will be created as part of this project.
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:*
Project will use local funds only.
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 around the project site is almost completely built out as commercial/office/institutional development. The project involves maintenance of
existing stormwater infrastructure.
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 turbine(s)?*
Yes No
51. 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?
NCNHP website (9/20/21) and USFWS iPac website (9/20/21).
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?
Site is not located within a coastal 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 No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC Historic Preservation Office HPOWEB Service (accessed 9/20/21). No elements on or near project site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
Map No. 3720076300J. Date: 512/06.
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 document
JJ DWR Transmittal Letter and Attachments.pdf 4.6MB
File must be PDF or KMZ
Comments
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 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:
Eric Kulz
Signature
Date
11/10/2021