20190172 Ver 2_ePCN Application_20221212

DWR
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:
11/10/2022
BIMS # Assigned* Version#*
20190172 2
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Central Office - [phone] Kelsey Rowland:eads\ksrowland
Information for Initial Review
la. Name of project:
Chase Park Apartments Stream Bank Repair
la. Who is the Primary Contact?*
Inter Church Council Housing Corporation(INCHUCO) - Wanda Seamans (RPM Managed)
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/12/2022
Nearest Body of Water
Pritchard Branch (UT to Morgan Creek)
Basin
Cape Fear
Water Classification
WS-IV; NSW
Site Coordinates
Latitude:
35.898937
A. Processing Information
County (or Counties) where the project is located:
Orange
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-79.065223

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: 13 - Bank Stabilization
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:
Inter Church Council Housing Corporation (INCHUCO)
2b. Deed book and page no.:
413/406
2c. Contact Person:
Simon Vincent (INCHUCO) and Wanda Seamans (RPM Managed)
2d. Address
Street Address
106 N. Elliott Road C-1
Address Line 2
City
Chapel Hill
Postal / Zip Code
27574
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Emma Radford, WPIT, CA
4b. Business Name:
Kimley-Horn
4c. Address
Street Address
421 Fayetteville Street
Address Line 2
Suite 600
City
Raleigh
Postal / Zip Code
27601
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Chapel Hill
2. Project Identification
2a. Property Identification Number:
9788016994
2c. Project Address
Street Address
N/A
Address Line 2
City
Postal / Zip Code
3. Surface Waters
State / Province / Region
NC
Country
USA
4e. Fax Number:
3a. Name of the nearest body of water to proposed project: *
Pritchard Branch (UT to Morgan Creek)
3b. Water Resources Classification of nearest receiving water: *
WS-IV; 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.
030300020607
4. Project Description and History
2b. Property size:
0.42
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 proposed stream bank repair project is located along Pritchard Branch (UT to Morgan Creek). The project area is bounded by a driveway to the north and west, an apartment complex
to the east, and US 64 to the south. The project vicinity is comprised primarily of residential development interspersed by commercial centers and undeveloped riparian corridors.
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).
USACE -- SAW-2019-00403
NCDWR -- #19-0172
The existing NWP 13 (SAW-2019-00403 was previously issued by Ms. Samantha Dailey of the US Army Corps of Engineers (USACE) on March 9, 2019 and the associated 401 General
Water Quality Certification 4134 (DWR# 19-0172) was previously issued by Ms. Karen Higgins of the NC Division of Water Resources (NCDWR) on April 8, 2019. Due to unforeseen
scheduling conflicts, construction of the project has not started, and the project cannot be completed within the 12-month grace period following the expiration of this permit on March 18,
2022.
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:
275
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to protect and repair existing infrastructure by stabilizing an eroding stream bank.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project proposes to stabilize the right bank of Pritchard Branch (UT to Morgan Creek) and repair the existing driveway to the Chase Park Apartment complex. Erosive flows within the
Pritchard Branch have caused scour and sloughing adjacent to the apartment complex driveway which has led to buckling and cracking in the pavement. The project will stabilize the
erosive bank by installing rip rap bank stabilization above a boulder toe on the right bank, rock toe protection along both banks, and a constructed riffle and log sill within the channel.
Excavators, pavers, graders, and other equipment typical of paving and bank stablization projects will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes No
Comments:
Jurisdictional features occurring within the project area were delineated by Kimley-Horn staff on
December 12, 2018. One stream (Pritchard Branch) was identified within the project area. Pritchard
Branch is a perennial tributary to Morgan Creek.
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-2019-00403
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?*
Kimley-Horn
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?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
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*
S1
Impact Site 1 — Bank
Stabilization (PNNL)
Permanent
Bank Stabilization
Pritchard Branch (UT to
Morgan Creek)
Perennial
Both
10
Average (feet)
221
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
221
3i. Total temporary stream impacts:
0

3i. Total stream and ditch impacts:
221
3j. Comments:
Impact quantities and types to jurisdictional streams have not changed since the previous authorizations for the proposed project. Permanent impacts to
Pritchard Branch (UT to Morgan Creek) with no loss of water will occur as a result of the bank stabilization. A boulder toe and a constructed riffle will be
located within the channel. Additionally, the stream will be slightly realigned to allow room to lay the banks back. A total of 221 linear feet (0.04 acres) of
Pritchard Branch will be permanently impacted with no -net loss of waters.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
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
Bank Stabilization
P
Impact Site 1: Pritchard Branch
(UT to Morgan Creek)
No
5,604
86
Temporary Construction Access
T
Impact Site 1: Pritchard Branch
(UT to Morgan Creek)
No
1,144
1,876
Bank Stabilization
P
Impact Site 2: Pritchard Branch
(UT to Morgan Creek)
No
1,565
0
Temporary Construction Access
T
Impact Site 2: Pritchard Branch
(UT to Morgan Creek)
No
2,913
0
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
6i. Comments:
Zone 1
4,057.00
Zone 1
7,169.00
Zone 2
1,876.00
Zone 2
86.00
Zone 1 Zone 2
11,226.00 1,962.00
A Buffer Authorization request was prepared and submitted to the Town of Chapel Hill, the local governing body. A Riparian Buffer Authorization was
issued by Mr. Ernest Odei-Larbi of the Town of Chapel Hill on May 13, 2019.
Permanent buffer impacts will result from the grading and rip rap stabilization installation associated with the bank stabilization. A total of 7,169 square
feet of buffer zone 1 and 86 square feet of buffer zone 2 will be permanently impacted.
Temporary impacts will result to Buffer Zones 1 and 2 as a result of the necessary construction access to the site. Equipment and material staging, and
construction access will be limited to the existing driveway and disturbed area where possible. The proposed project has been designed and will be
constructed to avoid impacts to both Pritchard Branch and the regulated riparian buffers where possible. Necessary impacts will only occur when
targeted bank stabilization activities are underway. All temporarily impacted riparian buffer areas will be restored to pre-existing condition upon
completion of the project. Reseeding will occur within the temporarily riparian buffer impact areas outside of location where rock stabilization has been
installed.
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:
The project has been designed to stabilize an eroding bank within Pritchard Branch (UT to Morgan Creek). Buffers and streams will only be impacted
when necessary and when targeted bank stabilization activities are underway. Staging and access areas have been intentionally arranged to avoid
riparian buffers to the extent practical. A temporary pumparound has been proposed in the design to avoid sedimentation downstream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The proposed project will be constructed to stabilize an eroding bank within Pritchard Branch (UT to Morgan Creek). Silt fences will be placed along the
limits of disturbance to confine equipment to designated areas. Construction equipment will be staged and stored in upland areas to the extent practical.
A temporary pumparound will be implemented to allow for work in the dry and reduce downstream sedimentation. All temporarily impacted riparian buffer
areas will be restored to pre-existing condition upon completion of the project. Reseeding will occur within the temporarily impacted riparian buffer areas
outside of locations where rock stabilization has been installed.
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:
No buffer mitigation is required for the proposed project. All buffer impacts resulting from temporary roads and stream restoration activities are deemed "Allowable" or "Exempt" under the
Jordan Lake Watershed Riparian Buffer Rules.
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:
No stormwater will be collected, concentrated, or discharged as a result of the proposed project.
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 being constructed as a single and complete project. The purpose of the proposed project is to stabilize a failing bank in order to protect existing
infrastructure. No future impacts will be associated with the proposed project.
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?
As of November 10, 2022, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists one threatened or
endangered species, dwarf wedgemussel, with potential to occur within the project vicinity. The bald eagle (Haliaeetus leucocephalus) also has potential
to occur in the project vicinity and is protected under the Bald and Golden Eagle Protection Act (BGPA).
Suitable habitat for dwarf wedgemussel is not present within the project study area due to the lack of well oxygenated, fast flowing streams with stable
root -lined banks. Kimley-Horn reviewed the NC Natural Heritage Program (NCNHP) element occurrence database (updated October 2022) to determine
if there are any known occurrences of dwarf wedgemussel in or within 1.0-mile of the project study area. The NCNHP records indicated that there area
no known occurrences of dwarf wedgemussel in or within 1.0-mile of the project study area. Due to the lack of suitable habitat and the lack of known
occurrences, it has been determined that the proposed project will have "No Effect" on the dwarf wedgemussel.
Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for
nesting sites, typically within 1.0 mile of open water.
A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was
performed in November 2022 using 2021 color aerials. No water bodies large enough or sufficiently open to be considered potential feeding sources
were identified. Since there was no foraging habitat within the review area, a survey of the project corridor and the area within 660 feet of the project
limits was not conducted. Additionally, a review of the NCNHP database records (updated October 2022) indicates there are no known occurrences of
the bald eagle within 1.0 mile of the project study area. Due to the lack of foraging and nesting habitat and the lack of known occurrences, it has been
determined that this project will not affect.
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 NOAA Essential Fish Mapper was reviewed on November 10, 2022. No essential fish habitat was found within the project study area or within the
project vicinity.
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?*
A review of the State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database performed on November 10, 2022. Ten historical
resources were identified within 1.0 mile of the project study area and listed as National Register, National Register Historic District, or Study List.
- The Carolina Inn (National Register) - located approximately 0.01 miles southwest of the project study area
- Alberta Mill Complex (National Register) - located approximately 0.91 miles northwest of the project study area
- Carborro Commercial Historic District (National Register) - located approximately 0.83 miles northwest of the project study area
- Thomas F Llyod Historic District (National Register) - located approximately 0.63 miles northwest of the project study area
- West Chapel Hill Historic District (National Register) - located approximately 0.04 miles east of the project study area
- Strayhorn House (Study List) - located approximately 0.93 miles northwest of the project study area
- Merritt's House (Study List) - located approximately 0.41 miles southeast of the project study area
- Naval Armory (ROTC Building) (Study List) - located approximately 0.99 miles northeast of the project study area
- Jeter and Ethel Neiville House (Study List) - located approximately 0.91 miles northeast of the project study area
Although the West Chapel Hill historic District is located in close proximity to the project study area, the historic district is separated from the project area
by the existing apartment complex. Additionally, the proposed project will have only minimal and temporary impacts to the surrounding viewshed. Due to
the existing development seperating the project from the historic district and the temporary and minimal impact anticipated as part of the proposed
project, it has been determined that the project will have no affect on any historic or cultural resources.
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?*
The FEMA National Hood Hazard Layer GIS Service was reviewed on November 11, 2022 within FIRM Panel 3710978800K (effective 11/17/2017) and
no FEMA designated floodplains or floodways were identified within the project area.
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
01_ChasePark_PCN Cover Letter.pdf 542.47KB
03_SIGNED_USACE_KHA_OWNER_Agent Authorization Form_print.pdf 104.3KB
04_ChasePark_Figures.pdf 2.26MB
05a_SAW-2019-00403 Chase Park Apartments NWP 13 Verification.pdf 110.63KB
05b_Approval of 401 Water Quality Certification with Additional Conditions.pdf 306.2KB
05c_TownofChapelHill_Riparian buffer authorization.pdf 583.33KB
06_PermitlmpactDrawing_ChaseApts.pdf 2.25MB
07_PLANSHEETS_DocuSign_Chase_Park_20190807.pdf 8.11 MB
File must be PDF or KMZ
Comments
The existing NWP 13 (SAW-2019-00403 was previously issued by Ms. Samantha Dailey of the US Army Corps of Engineers (USACE) on March 9, 2019 and the associated 401 General
Water Quality Certification 4134 (DWR# 19-0172) was previously issued by Ms. Karen Higgins of the NC Division of Water Resources (NCDWR) on April 8, 2019. Due to unforeseen
scheduling conflicts, construction of the project has not started, and the project cannot be completed within the 12-month grace period following the expiration of this permit on March 18,
2022. Additionally, a Riparian Buffer Authorization was issued by Mr. Ernest Odei-Larbi of the Town of Chapel Hill on May 13, 2019.
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:
Emma Radford, WPIT, CA
Signature
Date
12/12/2022