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HomeMy WebLinkAbout20190883 Ver 2_ePCN Application_20220819DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 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. Pre -Filing Meeting Date Request was submitted on: 6/11/2019 BIMS # Assigned* Version#* 20190883 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review What amout is owed?* $240.00 $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood la. Name of project: Eden Remediation Program Phases 11/12: Bridge Street Basin Sewer Replacement and Rehabilitation Version 2 la. Who is the Primary Contact?* Jon Mendenhall 1 b. Primary Contact Email:* lc. Primary Contact Phone: * jmendenhall@edennc.us (336)623-2110 Date Submitted 8/19/2022 Nearest Body of Water UT to Dan River Basin Roanoke Water Classification C, WS-IV Site Coordinates Latitude: 36.481769 A. Processing Information Longitude: -79.768956 County (or Counties) where the project is located: Rockingham Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No la. 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 Please provide the date of the previous submission.* 6/11 /2019 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 58 - Utility Line Activities for Water and Other Substances (frequently used) NWP Numbers (for multiple NWPS): ld. 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: If. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. 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 Id. 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 attached property owner information 2b. Deed book and page no.: 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address See attached property owner information Address Line 2 City State / Province / Region See attached property owner information See attached property owner information Postal / Zip Code Country See attached property owner information See attached property owner information 2e. Telephone Number: 2f. Fax Number: (999)999-9999 2g. Email Address: * no@emailaddress.com 3. Applicant Information (if different from owner) 3a. Name: Jon Mendenhall 3b. Business Name: City of Eden, NC 3c. Address Street Address 308 E. Stadium Drive Address Line 2 City Eden Postal / Zip Code 27288 3d. Telephone Number: (336)623-2110 3f. Email Address: * jmendenhall@edennc.us 4. Agent/Consultant (if applicable) 4a. Name: Daniel Zurlo 4b. Business Name: WK Dickson 4c. Address Street Address 1213 W Morehead St Address Line 2 Ste 300 City Charlotte Postal / Zip Code 28208 4d. Telephone Number: (704)227-3416 4f. Email Address: * dzudo@wkdickson.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Eden 2. Project Identification 2a. Property Identification Number: 2b. Property size: See attached property owner info 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 Dan River 3b. Water Resources Classification of nearest receiving water:* C, WS-Iv 3c. What river basin(s) is your project located in?* Roanoke 3d. Please provide the 12-digit HUC in which the project is located. 030101030505 4. Project Description and History State / Province / Region Country 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 Bridge Street Basin Replacement and Rehabilitation project is located within the City of Eden, either in the City limits or the City's extra -territorial zoning jurisdiction (ETJ). The project area includes the Bridge Street Outfall and the Dan River Outfall. The basin encompasses Matrimony Creek near Robin Road to the Dan River and a number of smaller gravity flow lines to the Matrimony Creek and Dan River Outfalls and the outfall along the Dan River to Highway 87 bridge across the river. Portions of the project higher in the watershed are beneath street and do not directly affect waters. Most of the project lies near residential homes or small commercial properties. Along Matrimony Creek and the Dan river the project is low density semi - rural community with small farms, single family residential properties, and undeveloped land along the stream corridor. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). This project was authorized in September 2019 under NWP 12 prior to its expiration. The Corps ID is SAW-2019-01086 and the DWR Certification number is 20190883. We are seeking re -approval under NWP 58 and NC WQC 4276 as construction has not yet started. No changes in design or impacts to WoTUS are proposed. Project impacts are below NWP 58 notification thresholds. Jon Ellis of the USFWS concurs with the threatened and endangered species conclusions made in the previous authorization (Attached correspondence). 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project: * This project was authorized in September 2019 under NWP 12 prior to its expiration. The Corps ID is SAW-2019-01086 and the DWR Certification number is 20190883. We are seeking re -approval under NWP 58 and NC WQC 4276 as construction has not yet started. No changes in design or impacts to WoTUS are proposed. Project impacts are below NWP 58 notification thresholds. Jon Ellis of the USFWS concurs with the threatened and endangered species conclusions made in the previous authorization (Attached correspondence). The City of Eden is in the process of implementing a Collection System Remediation Program which includes rehabilitation, replacement, and/or relocation of pump stations, manholes, and gravity sewer mains in various sewer basins. The program includes a series of projects aimed to reduce sanitary sewer overflows (SSOs) and excessive inflow and infiltration (I&I) in the wastewater collection system. The Remediation Program is a requirement of the City's Administrative Order by Consent (AOC) with the United States Environmental Protection Agency (EPA). The program is funded by the State of North Carolina through grants and loans (State Project No. E-SRP-W-17-0026). Much of the existing wastewater collection system is physically degraded with numerous defects. Inflow/outflow issues exist with ongoing maintenance -repairs limiting services and creating potential environmental problems. These aging sewers are physically degraded containing Pipeline Assessment and Certification Program (PACP) Grade 3, 4, and 5 defects. This project addresses improvements located in the Bridge Street sewer basin. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * It is anticipated this project work will include replacement utilizing open trench construction (approximately 13,000 LF), relocation (approximately 3,000 LF), and rehabilitation by cured in place pipe (CIPP) lining (approximately 11,000 LF). The improvements are needed to address a combination of problems including joint infiltration, sags, corrosion, non -conforming sewer taps, and manhole defects. This project is expected to limit future failures and repairs while reducing the environmental impacts of the current defective system. An increase in current capacity is not expected. The project involves the replacement and relocation of sewer mains and manholes using open -trench methods where sewer lines have structural issues. Excavation will be accomplished using track hoes to remove material. Smaller track equipment will be utilized to stabilize and prepare the exposed surface for planting. It also includes trenchless sewer main and manhole rehabilitation which will be less impactful the project areas. Lining trucks, CCTV rigs, and other light to medium equipment will be used during rehabilitation activities. All disturbed stream banks restored to preconstruction contour and grade or a stable grade and will be planted in native herbaceous seed mixes. Permanent impacts are anticipated to be less than one tenth of an acre, and therefore, is expected to be below the threshold for mitigation. 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-2019-01086 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE preliminary JD made on 9/18/19. 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. The City of Eden is in the process of implementing a Collection System Remediation Program which includes rehabilitation, replacement, and/or relocation of pump stations, manholes, and gravity sewer mains in various sewer basins. The program includes a series of projects aimed to reduce sanitary sewer overflows (SSOs) and excessive inflow and infiltration (I&I) in the wastewater collection system. The Remediation Program is a requirement of the City's Administrative Order by Consent (AOC) with the United States Environmental Protection Agency (EPA). The program is funded by the State of North Carolina through grants and loans (State Project No. E-SRP-W-17-0026). This application is requesting re -authorization of the Phases 11 and 12 of this work which had been previously authorized under NWP 12 and associated NC WQC. 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 la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (,) 2g. Impact area* W1 Excavation T Bottomland Hardwood Forest W1 No Corps 0.010 (acres) W2 Excavation T Bottomland Hardwood Forest W2 Yes Corps 0.200 (acres) W3 Excavation T Bottomland Hardwood Forest W3 No Corps 0.020 (acres) W4 Excavation T Bottomland Hardwood Forest W4 No Corps 0.020 (acres) W5 Excavation T Bottomland Hardwood Forest W5 Yes Corps 0.020 (acres) W6 Excavation T Bottomland Hardwood Forest W6 No Corps 0.010 (acres) W7 Excavation T Bottomland Hardwood Forest W7 No Corps 0.010 (acres) W8 Excavation T Bottomland Hardwood Forest W8 No Corps 0.004 (acres) W9 Excavation T Bottomland Hardwood Forest W9 No Corps 0.002 (acres) 2g. Total Temporary Wetland Impact 0.296 2g. Total Wetland Impact 0.296 2i. Comments: 2g. Total Permanent Wetland Impact 0.000 3. Stream Impacts 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* st Aerial sewer crossing Temporary Excavation Matrimony Creek Perennial Corps 15 Average (feet) 36 (linear feet) S2 Excavation Temporary Excavation UT2 to Dan River Perennial Corps 10 Average (feet) 60 (linear feet) S3 Excavation Temporary Excavation UT4 to Matrimony Creek Perennial Corps 10 Average (feet) 102 (linear feet) S4 Excavation Temporary Excavation UT4 to Matrimony Creek Perennial Corps 10 Average (feet) 57 (linear feet) S5 Excavation Temporary Excavation UT1 to Dan River Perennial Corps 5 Average (feet) 37 (linear feet) S6 Excavation Temporary Excavation UT3 to Dan River Perennial Corps 5 Average (feet) 35 (linear feet) S7 Excavation Temporary Excavation UT6 to Matrimony Creek Perennial Corps 5 Average (feet) 73 (linear feet) S8 Excavation Temporary Excavation UT5 to Dan River Perennial Corps 5 Average (feet) 49 (linear feet) S9 Excavation Temporary Excavation UT7 to Matrimony Perennial Corps 5 Average (feet) 35 (linear feet) Si Excavation Temporary Excavation UT2 to Dan River Perennial Corps 10 Average (feet) 36 (linear feet) Sil Excavation Temporary Excavation UT3 to Matrimony Creek Perennial Corps 4 Average (feet) 85 (linear feet) S12 Excavation Temporary Excavation UT1 to Dan River Perennial Corps 5 Average (feet) 42 (linear feet) S13 Excavation Temporary Excavation UT1 to Dan River Perennial Corps 5 Average (feet) 24 (linear feet) S14 Excavation Temporary Excavation UT1 to Dan River Perennial Corps 5 Average (feet) 34 (linear feet) S15 Excavation Permanent Excavation UT2 to Dan River Perennial Corps 5 Average (feet) 34 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 34 3i. Total stream and ditch impacts: 739 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 705 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: During the planning and design phase of the project, efforts were made to avoid impacts to the greatest extent possible. Because of the existing nature of the project, certain unavoidable impacts are necessary to fulfill the applicant's purpose and need. To minimize impacts to surface water resources during the project construction and maintenance, an approved erosion and sedimentation control plan will be included in the project's design plans. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Stream and wetland impacts have been reduced by minimizing the size of the project area and with construction techniques. Installations of rip -rap and grade control structures below the ordinary high water mark (OHWM) are limited in placement and size to the minimum necessary to ensure channel stability. Also, to avoid permanent impacts to jurisdictional waters, existing channel substrates will be restored following construction. All stream work will be done in the dry using a pump around during construction. Pump arounds will minimize land disturbance and utilize culverts when applicable to reduce traffic disturbances. Anti -seep collars shall be placed at the downstream wetland boundary and every 150 up the gradient until the sewer line exits the wetland, as specified under the GC 4276 Specific Conditions requirements. Impacted wetland will be restored to their original contour and planted in native herbaceous vegetation. All disturbed stream banks will be graded to previous elevations or to a stable slope and stabilized with coir matting installation and minimal rip -rap as need to protect stream banks. If additional stream bed stabilization is required, stone will be placed one foot below the natural channel bottom and backfilled with natural channel material. All disturbed wetlands and stream banks will be planted with native seed mixes. All erosion control measures will be placed in accordance with the Erosion Control Regulations. Local storm water and erosion control regulations will be followed on the project site. Ongoing on -site construction inspections will ensure that construction contractors are following all DEQ-approved plans. Areas where replacement is necessary, the channel bed, channel banks, the floodplain, and wetlands will be restored to preconstruction contour and grade. 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: Project impacts do not meet mitigation thresholds. 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: Project proposes no new impervious surface. 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: 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 lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?* 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 proposes upgrades outdated wastewater infrastructure. No additional future development is planned. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved? * Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 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? Please see the attached aquatic survey report conducted on the Dan River and its tributaries to determine the presence of potentially occurring federally protected species. 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?* Based upon a search of the North Carolina State Historic Preservation Office HPOWEB GIS Service, the construction of this project will not have an adverse effect on these resources. The project is mostly limited to existing maintained easements and paved roadways. The project does intersect the Central Leaksville Historic District (HPO Site ID: RK0299) and is close to the Bullard -Ray House (HPO Site ID: RK0010). This project is not expected to adversely affect this Historic District or any historic structures. 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 proposes no change to floodplain elevations. 8c. What source(s) did you use to make the floodplain determination?* available ESRI FEMA floodplain data 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 USFWS correspondence.pdf Fish and Mussel Survey.pdf 2019 404 Authorization and PJD.pdf 20190883 401 Letter of Approval.pdf Impact Figures.pdf Plan Sheetsred.pdf Re -planting notes.pdf Wetland and Stream Impacts Table.pdf Contract 3 401 Property Owners.pdf File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: 237.84KB 5.44MB 1.97MB 2.22MB 7.27MB 43.51 MB 290.44KB 404.68KB 85.81 KB • 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: Daniel Zurlo Signature Oda Date 8/19/2022