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HomeMy WebLinkAbout20221640 Ver 2_ePCN Application_20221117DWR 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: 8/1/2022 BIMS # Assigned* Version#* 20221640 2 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 la. Name of project: Wellington Park Dredging West la. Who is the Primary Contact?* Connor Brown What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:eadstztthomas 1 b. Primary Contact Email:* lc. Primary Contact Phone:* cbrown@kbeng.org (704)641-4621 Date Submitted 11/17/2022 Nearest Body of Water Wellington Lake A Basin Neuse Water Classification WS-III; NSW Site Coordinates Latitude: Longitude: 35.749739 -78.761829 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 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 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: 03 - Maintenance 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: 1f. 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 ld. 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: Wellington Park Homeowner's Association 2b. Deed book and page no.: 004003/00852 2c. Contact Person: Scott Drebitko 401 Water Quality Certification - Express Riparian Buffer Authorization 2d. Address Street Address 1000 Forest Park Way Address Line 2 City State / Province / Region Cary NC Postal /Zip Code Country 27518 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (919)812-5261 2g. Email Address: * sdrebitko@racanelliconstruction.com 3. Applicant Information (if different from owner) 3a. Name: Connor Brown 3b. Business Name: Kris Bass Engineering 3c. Address Street Address 219 E Chatham St. Address Line 2 City Cary Postal / Zip Code 27511 3d. Telephone Number: (704)641-4621 3f. Email Address: * cbrown@kbeng.org 4. Agent/Consultant (if applicable) 4a. Name: Kris Bass 4b. Business Name: Kris Bass Engineering 4c. Address Street Address 219 E Chatham St. Address Line 2 City Cary Postal / Zip Code 27511 4d. Telephone Number: (919)960-1552 4f. Email Address: * kbass@kbeng.org 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) Wellington Park lc. Nearest municipality / town: Cary 2. Project Identification 2a. Property Identification Number: 0772073104 2b. Property size: 3.82 2c. Project Address Street Address 0 Forest Park Way Address Line 2 City Cary Postal / Zip Code 27518 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Wellington Lake A 3b. Water Resources Classification of nearest receiving water: * WS-III; 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. 030202011001 4. Project Description and History 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 area to be dredged is at the inlet side of the western pond located in the residential neighborhood of Wellington Park in Cary, NC. There is a road (Forest Park Way) and sidewalk at the top of a slight hill that slopes down to the pond edge, which is cleared in this location with mainly turf grass surrounding. Three 96-inch corrugated metal pipes enter the pond here. There is an inlet channel that is approximately 65 feet long and 20 feet wide that opens up into the pond. Here, sediment buildup has formed an island where trees are beginning to grow. One large concrete outlet structure is located at the far south-western end of the pond. Swimming and fishing are not allowed. Residential houses back up to this pond on both sides. 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: 0 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to improve the pond aesthetics and to restore the total storage capacity of the pond by dredging a portion of the lake. The dredging will be completed to remove accumulated sediment along the bottom of the pond on the inlet side of the pond. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * This project involves the construction of an access path, the installation of tree protection, construction and erosion control fencing, the removal of approximately 4,180 cubic yards of sediment from the pond, and the refreshing of NCDOT Class 1 stone at the inlet. To accomplish the dredging objectives listed above the water level of the pond will be lowered to expose the sediment in the areas to be excavated. The pond will be lowered by opening the 18-inch valve within the outlet structure. Upon reaching the desired level, the valve will be partially closed to maintain this level during the project. The lowered water level shall be maintained for approximately one month prior to excavation to allow the sediment to dewater. Lowering shall be done at a rate of no more than one foot per 24-hour period. The access path and tree protection fencing will ensure safe access of construction equipment to the project area and the protection of underground utilities. During dredging, sediment shall be excavated and temporarily stockpiled in a stable area prior to loading onto trucks for hauling and off -site disposal at an appropriately permitted facility or location. Stockpile and project areas will be secured with erosion control fencing. The site is located in the Wellington Park community in Cary, Wake County, North Carolina. The work will involve conventional dredging, erosion control, stabilization and establishment of grass. This project will be completed using an excavator, skid steer, and dump trucks. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 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 la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 4. Open Water Impacts Streams -tributaries Pond Construction Buffers 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area West Pond Dredging T Wellington Pond A Dredging Pond 0.94 4g. Total temporary open water Impacts: 0.94 4g. Total open water impacts: 0.94 4h. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other 4g. Total permanent open water impacts: 0.00 Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Allowable T Wellington Park Pond A No 4,190 1,063 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: Zone 1 4,190.00 Zone 1 0.00 Zone 2 1,063.00 Zone 2 0.00 Zone 1 Zone 2 4,190.00 1,063.00 6i. Comments: Zone 1 buffer to be disturbed is not undisturbed forested vegetation, instead it is mowed turf grass and some landscaped vegetation. Buffer impacts are allowable under item (u) from the Table of Uses described in 15A NCAC 02B .0714. 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: This project has been designed to limit the open water and buffer impacts as much as possible. Several plan iterations have been considered to prevent the impact to surrounding trees and established vegetation. Due to the concentration of sediment within the pond a small access road was designed within the buffer and through the pond to limit impact. Dredging material will be dewatered within the dredging area to avoid additional buffer impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: There will be a clearly defined tree protection zone during construction, that will not be moved or infringed upon until after construction is complete. Any disturbed areas will be stabilized with seed and matting. All dredged materials will be dewatered within the dredge area of the pond until completely dried. Dredge material will be hauled off -site for disposal at an appropriately permitted facility. 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: Compensatory Mitigation is not required because the impacts to waters are temporary and limited to the removal of accumulated sediment and bank stabilization. The goal of the project is to improve water quality. 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 Comments: This project does not include the development of any permanent structures. 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 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 is not a phased project and no other projects are planned for this area at this time. The dredging is taking place in a pond within an already established residential neighborhood. It is not anticipated that this project would result in additional development. 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? Fish and Wildlife Service Critical Habitat for Threatened & Endangered Species mapper 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 Fisheries 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?* NC Historic Preservation Office HPOWEB Map 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: The proposed dredging involved excavation below normal water levels and will not involve any fill above existing grade. Kris Bass Engineering will coordinate all requirements for floodplain approvals prior to construction. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center 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 West_PCN_Documents.pdf 9.68MB File must be PDF or KMZ Comments The dredging design plans, maps and agent authorization forms are attached below. 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: Connor Brown Signature Date 11/17/2022 WELLINGTON PARK DREDGING WEST - DOCUMENTATION FOR PCN TABLE OF CONTENTS PAGE 1: USGS TOPOGRAPHIC MAP PAGE 2: NRCS SOIL MAP PAGE 3-9: DREDGING PLAN SET PAGE 10: AGENT AUTHORIZATION FORM Wellington Park (West Pond) Quad Topography Legend Project Boundary Apex 2019 Quadrangle Topography (1:24000) Kris Bass Engineering www.kbeng.org 919.960.1552 Wellington Park Pond Dredging Forest Park Way, Cary, NC 27518 KRIS BASS ENGINEERING 9NIN33N19N3 SSv9 S12DI 86SLZ ON `AJeo `AeM>ped;se od )1Jed um6u1II M Z991.'096'666 6aoybueq){ MMM 6uuaauibup ssee SUN ON PaYAa4J is uyo,a eo is PauEAAAO 815LZ ON `da90 `ADM >iaod }s@Jod # uold 129uado29n90 aano3 }saAA 6ui6paaa &Hod uo}6u129AA 6,0-6uag0(yyy (6) d991.096'616 CCII-d #36tJ SSV881LA ON 6y6!616a 6uiaaau!bu] SSDE s!au uond!,>saa SNOIss,3a v W V Z V 0 W I..L 0 < 0 ° Z+ 0 ED E 0 Q Z ZW Site Data Table z 0 u O. o 0 i J� j . a - ,0_ Q � = o,Q - 0° SHEET 1: COVER SHEET 2: NOTES SHEET 3: EXISTING CONDITIONS SHEET 4: IMPACT MAP SHEET 5: EROSION AND SEDIMENTATION CONTROL PLAN PROJECT CONTRACTOR: SHEET 6: DREDGING PLAN SHEET 7: DETAILS PLUNGE POOL INLET REFRESH SHEET 8: ADD ALTERNATE J W 0 SHEET 9: ADD ALTERNATE gLSLZ ON 6U20 `ADM >lapd }saao1 0, Paryay0 10 uMo,a # sold 222ludo12n30 sa}oN .}saM 6ui6paaa >1aod uo}6umaM ssve'saii 511015162,1 111 221 MAP LEGEND CONSTRUCTION ENTRANCE PROPOSED ACCESS PATH STAGING AREA DREDGING AREA STONE REFRESH AREA RIP RAP/STONE INLET AREA 0 0 5o EXISTING SIDEWALK OPEN WATER IMPACT BUFFER ZONE 1 IMPACT BUFFER ZONE 2 IMPACT IMPACTED CRITICAL ROOT ZONE SANITARY SEWER BUFFER ZONE LINES CONSTRUCTION FENCE TREE PROTECTION FENCE LIMITS OF DISTURBANCE STOCKPILE AREA STORMWATER MAINS PARCEL BOUNDARIES TREE (REMOVED COMPLETELY) z 7 SANITARY SEWER MANHOLE TRIES OF NWTER WlS REQUIRED TO COMPLETEALL D. 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C 0 ER SSV8 slam O Z 6ao6uag4r M (s) Z991'096'6 l6 sell—d pw,!d ZN '46ialoa OugGau!6ug ssoe s!au paAcuddd uo„ d>saa l00 I Z =w O. m 3Z0 j w x 0 LIJ Q 0 Z 11-1 U 00 < 0 U RwE SNOISI 3a 0 13 mp glSLZ LN `daoa 'A DM >IJud }saao� # upld }uauadolanaa slio1a0 .1_sa#A 6ui5paa0 olaod uol_5uillaM STRUCTION ENIRANCE z z F ssde'siaii ci MAIM okit z z z 0 glSLZ LN `daOL `dDN >IJOGI }saaO� JN Pa o,a # oOH 1uauad01anaa HSHHdHd good HdNmd Noi}iadv adv }saM 6u!bpaaa 1apd uo}6uHaM ssyssiaii 0) ZNN N096'6l6 ON 3161o01 6ul.1aaul FJ u3 sso8 sia9 PROPOSED ACCESS PATH STAGING AREA DREDGING AREA MAP LEGEND CONSTRUCTION ENTRANCE EXISTING SIDEWALK SANITARY SEWER BUFFER ZONE LINES CONSTRUCTION FENCE TREE PROTECTION FENCE LIMITS OF DISTURBANCE STOCKPILE AREA STORMWATER MAINS PARCEL BOUNDARIES TREE (REMOVED COMPLETELY) ER MANHOLE SANITARY S 00 o 73-70 0 Z vwE glSLZ NN `4ap0 `4°M od }saJ ON Pah0003 13 o,a 00 R ID I,0,0000 # uold }uaLudolan90 slip#90 .4saAA 6Hbpaaa >lapd uol5uillaM ssve'siaii ci 6ao'6uagryM� (,) Z991'096'61.6 ££ll—d #1-urJ ON `461a1oa 6uiaaau!bu] ssug s!aA Pa warn, uo0,0aaa sNoisin3a EXISTING CULVERT EXISTING CULVERT 0 a 4® a � Q Lu AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: DEED BOOK 004003 DEED PAGE 00852 PARCEL ID: 0772073104 STREET ADDRESS: 0 Forest Park Way Cary NC 27518 Please print: Property Owner: Wellington Park Homeowners Association Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Kris Bass, PE of Kris Bass Engineering, PLLC (Contractor / Agent) (Name of consulting firm) to act on my behalf and take al! actions necessary for the processing, issuance and acceptance of this permit or certification and any and ail standard and special conditions attached. Property Owner's Address (if different than property above): 1000 Forest Park Way Cary, NC 27518 Telephone: (919) 801-1573 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. VJP Pr'esicte4t4- Authorized Signature Authorized Signature Date: /0//5/ -d Date: