HomeMy WebLinkAbout20211516 Ver 2_ePCN Application_20211117DW 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
2
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
11/17/2021
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:
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 County Soil & Water Conservation District
3c.Address
Street Address
201 E Main Street
Address Line 2
Fifth Floor
City
Durham
Postal / Zip Code
27701
3d. Telephone Number:
(919)560-0588
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
2f. Fax Number:
State / Province / Region
NO
Country
USA
3e. Fax Number:
(919)328-6192
State / Province / Region
Ohio
Country
USA
4e. Fax Number
2. Project Identification
2a. Property Identification Number:
0850-01-29-5376; 0850-01-29-8581; 0850-02-
2b. Property size:
69-7810
75.9
2c. Project Address
Street Address
300 Nichols Farm Drive
Address Line 2
City
State / Province / Region
Durham
NC
Postal / Zip Code
Country
27703
USA
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"
S7
Stream restoration
Permanent
Relocation
Reach 1
Perennial
Corps
0
2,191
Average (feet)
Qinear feet)
S2
Stream restoration
Permanent
Relocation
Reach 2
Perennial
Corps0
2,372
Average (feet)
Qinear feet)
S3
Stream 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:
6,004 0
31. Total stream and ditch impacts:
5
3j. Comments:
31 should be "Y total stream and ditch impacts. 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 area of adjacent fringe, toe of slope, or marginally functioning wetlands through higher water table conditions (elevated stream profiles) and
more frequent out of bank flooding.
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:
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 SREC 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 within the Grove Park HOA.
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 stormwater devices or pipe drainage networks are proposed for this project. All stormwater shall be considered diffuse flow through the stream buffers via stable vegetated channels,
natural floodplain topography, and ephemeral conveyances.
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 restoration project within the Grove Park HOA.
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
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:
Portions of Reach 1, 2, and 3 are within the 100yr Floodplain (Floodway) and portions of Reach 3 are within the 100yr 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.
8c. What source(s) did you use to make the floodplain determination?*
Online FEMA floodplain mapper, Panel: 3720085000F, eff. 10/19/2018
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 dreg and drop files here to attach document
Appendices_ALL.pdf 28.13MB
File must be PDF or KMZ
Comments
Attached are the appendices and figures related to the PCN submittal above, including SHPO correspondence letter and the PJD package for additional information pertaining to pre-
existing conditions.
Signature U
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:
Joshua White
Signature
w
Date
11/17/2021