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HomeMy WebLinkAbout20220523 Ver 1_ePCN Application_20220401fr.,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* 20220523 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Colleen Cohn:eads\cmcohn Information for Initial Review 1a. Name of project: COURTESY COPY Carrboro YMCA la. Who is the Primary Contact?* Ashley Bentz 1 b. Primary Contact Email: abentz@smeinc.com Date Submitted 4/1/2022 Nearest Body of Water UT - Cole Springs Branch Basin Cape Fear Water Classification WS-V; NSW Site Coordinates Latitude: 35.93393 A. Processing Information County (or Counties) where the project is located: Orange Is this a NCDMS Project Yes No Longitude: -79.05425 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* Raleigh Regional Office - (919) 791-4200 1c. Primary Contact Phone:* (919)896-0758 u 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: 18 - Minor Discharges 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: YMCA of the Triangle, Inc. 2b. Deed book and page no.: 2c. Contact Person: Tim Carr 2d.Address Street Address 801 Corporate Center Drive, Suite 200 Address Line 2 City Raleigh Postal / Zip Code 27607 2e. Telephone Number: (919)719-9628 2g. Email Address: tim.carr@ymcatriangle.org 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country us 2f. Fax Number: Yes No Yes No U 4. Agent/Consultant (if applicable) 4a. Name: Ashley Bentz 4b. Business Name: S&ME, Inc. 4c.Address Street Address 3201 Spring Forest Road Address Line 2 City Raleigh Postal / Zip Code 27616 4d. Telephone Number: (919)896-0758 4f. Email Address:" abentz@smeinc.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Chapel Hill 2. Project Identification 2a. Property Identification Number: 9789440825 2c. Project Address Street Address 980 Martin Luther King, Jr. Boulevard Address Line 2 City Chapel Hill Postal / Zip Code 27514 3. Surface Waters 3a. Name of the nearest body of water to proposed project: UT - Cole Springs 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 HUC in which the project is located. 030300020603 4. Project Description and History State / Province / Region NC Country US 4e. Fax Number: 2b. Property size: 7.1 State / Province / Region NC Country US 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 the location of an existing YMCA facility consisting of the YMCA building, a parking lot, landscaping, and utilities. An expansion of the YMCA was authorized in 2000. This plan included a detention pond in the lowest area of the site. A pond was constructed as a temporary sediment basin and never converted to the permanent stormwater pond. The area has now naturalized into a jurisdictional wetland and stream. The Town of Chapel Hill is now requiring that the site be brought into compliance with all of their current stormwater regulations as the previously approved SCM was never constructed and the YMCA has added some gravel that has increased the impervious surface to an amount that is more than what was previously approved. Project engineers have explored several "upland" options for stormwater control measures to meet this requirement, but none have been viable to meet all of the Town's requirements. General land use in the area is a mix of undeveloped, residential, and institutional land use with some commercial development. The Horace Williams Airport is located northwest of the site and a methodist church is located directly north of the site. 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: 0.078 ac 4g. List the total estimated linear feet of all existing streams on the property: 54 4h. Explain the purpose of the proposed project:' The purpose of the project is to bring the YMCA facility into compliance with the stormwater requirements of the Town of Chapel Hill. The temporary stormwater control measure (SCM) utilized during construction as part of the approved sediment and erosion control plan was not converted to a permanent SCM after construction was completed. The site is no longer in compliance with Town of Chapel Hill stormwater requirements and therefore, the YMCA intends to convert the original temporary SCM into a permanent SCM to become compliant with local requirements. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project will involve the conversion of the former sediment and erosion control device to a permanent stormwater control measure. Standard construction equipment will be used. 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: SAW-2021-02346 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Walter Cole Agency/Consultant Company: S&ME, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR On December 7, 2021, the Corps met at 980 Martin Luther King Jr. Boulevard, in Chapel Hill, North Carolina to review the boundaries of the aquatic resources delineation you submitted on October 29, 2021. The USACE reviewed the information provided by S&ME concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map entitled, "Feature Exhibit' and dated October 22, 2021. 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 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name* 2e. Forested* r.)1Typeof Jurisdiciti29. Impact area W1 fill L Headwater Forest W1 Yes Corps 0.078 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.078 2g. Total Permanent Wetland Impact 0.078 21. Comments: Conversion of the former sediment basin to the permanent SCM will permanently impact 0.078 acres of wetlands that have formed in the former sediment basin. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* �3e.StreamType* ?) [3f.Typeof urisdiction* 3gSwidth* 3h. Impact length* S1 Stormwater Basin Permanent Fill S1 Perennial Cor s P 3 Average (feet) 54 Qinear feet) 31. Total jurisdictional ditch impact in square feet 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 54 0 31. Total stream and ditch impacts: 54 3j. Comments: Conversion of the former sediment basin to the permanent SCM will permanently impact 54 linear feet of streams (162 square feet or 0.004 acres) that have formed in the former sediment basin. 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: During the design of the proposed SCM, alternative locations were explored that would not impact the stream or wetland that had formed in the former sediment basin, but these alternative locations were not viable to meet the Town's requirements. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction, specific attention will be paid to ensure grading is only performed to the extent needed for the proposed project and all grading not required will be avoided. 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 below thresholds commonly requiring mitigation. 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 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 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phasell NSW USMP Water Supply Please identify which local government stormwater program you are using. Town of Chapel Hill Comments: This project is intended to satisfy local stormwater management regulations at the site. The proposed SCM is undergoing approval via the Town of Chapel Hill. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federallstatellocal) funds or the use of public (federal/state) land?" Yes No 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 is intended to treat stormwater of existing facility. 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 online data explorer (https://www.ncnhp.org/data) and US Fish and Wildlife Service Information for Planning and Consultation (IPaC) report. No critical habitat was identified within the site and no element occurrences of federally -protected species have been observed within the site or within one mile of the site. 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?" The USFWS IPaC report and the National Marine Fisheries Service Essential Fish Habitat Mapper (https://www.habitat.noaa.gov/protection/efh/efhmapper/) 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 site has already been utilized as a temporary stormwater management device and therefore has already been disturbed. The North Carolina State Historic Preservation Office web mapping tool HPOWEB(https://www.ncdcr.gov/about/history/division-historical-resources/gis-maps-and-data) confirmed that no known historical resources have been identified on 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?* FEMA firm map number 3710978900J, effective on 02/02/2007 and the project engineer. 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 C100 Existing Conditions.pdf 570.67KB FIRMETTE_88f494ed-372f-4cbb-b637-335a663d723c.pdf 727.56KB IPaC report.pdf 195.47KB NCNHP Report.pdf 1.22MB Wetland Impact Plan.pdf 773.73KB Feature.pdf 1.59MB USACE Confirmation Email.pdf 143.44KB agent authorization.pdf 108.11 KB 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: Ashley Bentz Signature Date 4/1/2022