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HomeMy WebLinkAbout20220069 Ver 1_ePCN Application_20220105fr.,f DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6, 2021 Ver 4.2 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* 20220069 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Holley Snider:eads\hasnider Information for Initial Review 1a. Name of project: COURTESY COPY Arrowhead Park Water Main Interconnection la. Who is the Primary Contact?* Kim Williams - Land Management Group 1 b. Primary Contact Email: kwilliams@lmgroup.net Date Submitted 1 /5/2022 Nearest Body of Water Molts Creek Basin Cape Fear Water Classification C; Sw Site Coordinates Latitude: 34.134932 A. Processing Information County (or Counties) where the project is located: New Hanover Longitude: -77.911774 Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 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) Version# * 1 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (910)452-0001 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 58 - Utility Line Activities for Water and Other Substances (frequently used) 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: 401 Water Quality Certification - Express Riparian Buffer Authorization 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 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 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: Cape Fear Public Utility Authority (Easement Holder) 2b. Deed book and page no.: 2c. Contact Person: Frank Styers 2d.Address Street Address 235 Government Center Dr. Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28405 USA 2e. Telephone Number: 2f. Fax Number: (910)332-6721 Yes No Yes No 2g. Email Address: * john.kupinski@cfpua.org 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Land Management Group 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address: kwilliams@lmgroup.net C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Wilmington 2. Project Identification 2a. Property Identification Number: Easement 2c. Project Address Street Address Vallie Lane Address Line 2 City Wilmington Postal / Zip Code 28412 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Motts Creek 3b. Water Resources Classification of nearest receiving water:* C; Sw 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. 030300050702 4. Project Description and History State / Province / Region NC Country USA 4e. Fax Number: (910)452-0060 2b. Property size: 2.23 State / Province / Region NC Country USA 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 site is an existing utility easement. Upland portions of the easement are mostly maintained. Motts Creek runs perpendicular through the easement. Wetlands exist adjacent to the creek and support a canopy of black gum and cypress with a shrub layer predominantly consisting of black gum, alder, and black willow. This portion of Motts Creek is classified as Public Trust Waters (Inland) by DCM. The applicant is applying for a CAMA General Permit. Because it experiences tidal fluctuations at this location, it is also considered Section 10 Waters. Note that a review of aerial photos shows that another utility line was installed within the easement around 2015. Vegetation has reestablished since that time. u 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: — 0.36 ac 4g. List the total estimated linear feet of all existing streams on the property: —52LF 4h. Explain the purpose of the proposed project:' The purpose of the project is to create an "interconnection" to join two separate waterline systems to add redundancy and improve water quality for residents. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The 12" pipe will be installed via open cut methods and will temporarily impact 2,857 sf of freshwater wetlands, 20 LF (600 sf) of Section 10 waters (Molts Creek) and approximately 20 LF of non -stream Waters of the US (80 sf). The pipe cannot be installed via directional drill because there is a bend in the easement immediately east of the existing stream. Drill geometry will not accommodate drilling below the stream and returning to minimum cover within the existing utility easement. The excavated material will be temporarily stockpiled in the construction corridor until the pipe is installed and the material compacted in the piping trench. Once the pipe is installed, the wetland and stream will be restored back to original grade. The area will be seeded with a wetland seed mix and wetlands will be allowed to revegetate. A pump around will be used at the stream crossing. The contractor will use filter bags on the end of the pump discharge to prevent siltation and to dissipate the discharge water to prevent erosion of the discharge area. Straw waddle check dams will be installed below and above each crossing. Once the pipe is installed, excelsior matting will be placed in the channel to prevent erosion. The new waterline parallels an existing sewer main and the two utilities will share a common utility easement. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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): Wes Fryar Agency/Consultant Company: Land Management Group Other: 6. Future Project Plans 6a. Is this a phased project?* Yes No Unknown 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? No 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 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition 1�2g. Impact area W1 Utility Line Installation JL Riverine Swamp Forest 7] N/A Yes �:] Both —] 0.070 acres) 2g. Total Temporary Wetland Impact 0.070 2g. Total Wetland Impact 0.070 21. Comments: 2g. Total Permanent Wetland Impact 0.000 3. Stream Impacts 3a. Reason for impact (?l 3b.lmpact type* 3c. Type of impact* 3d. S. name* �3e.StreamType* (?) [3f.Typeof urisdiction* 3gSwidth* 3h. Impact length* S1 Utility Line Installation Temporary Excavation �ff- Creek Perennial Both 30 Average(feet) 20 Qinear feet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 0 31. Total stream and ditch impacts: 20 3j. Comments: 4. Open Water Impacts 3i. Total temporary stream impacts: 20 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody ". Activity type :114e. Waterbody type 4f. Impact area Utility Line Installation T N/A Excavation Ditch 0.01 4g. Total temporary open water Impacts: 0.01 4g. Total open water impacts: 0.01 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 4g. Total permanent open water impacts: 0.00 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The pipe cannot be installed via directional drill because there is a bend in the easement immediately easy of the existing stream. Drill geometry will not accommodate drilling below the stream and returning to minimum cover within the existing utility easement. The easement width has been minimized as much as possible. Wetlands will be allowed to revegetate. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sedimentation and erosion control permit will be obtained prior to construction. 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: Impacts are less than 0.1 acre. Wetlands within the corridor will be allowed to revegetate. 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: Site is located in the Cape Fear River Basin. 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: u 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?* 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:* An EA was not required for this project. 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. Project will provide redundancy to existing water services. 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? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur within the site. The shortnose sturgeon, Atlantic sturgeon, West Indian manatee, and American alligator are known to occur within a one mile radius of the site, likely within the lower portions of Motts Creek and/or the Cape Fear River. The northern long-eared bat is also known to occur in New Hanover County. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Sturgeon and the manatee would not be found this far up the creek. However, the site may provide suitable habitat for the alligator. Impacts to the creek will be short term and is not expected to adversely affect the alligator. Forested habitat within the site is mostly hardwoods and does not provide suitable habitat for the RCW. However, these areas may provide suitable roosting habitat for the northern long-eared bat. Since no hibernacula or maternity roosting trees are known to occur in the area, any adverse effect from tree clearing would be exempt by the 4(d) rule. The site does not appear to provide suitable habitat for any other species known to occur in the area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No Are there submerged aquatic vegetation (SAV) around the project vicinity?* Yes No Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA EFH Mapper identified Motts Creek as EFH for Coastal Migratory Pelagics. 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?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. 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: Project engineer will ensure that FEMA requirements are met when installing the water line. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center website 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 Arrowhead Attachments.pdf 5.02MB 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: Kim Williams Signature 1A%d Date 1 /5/2022 J