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HomeMy WebLinkAbout20230301 Ver 1_ePCN Application_20230223DW R DHlsloo of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 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. Pre -Filing Meeting Date Request was submitted on: 9/21/2022 BIMS # Assigned 20230301 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 1a. Name of project: Hollybrook Park 1a. Who is the Primary Contact?* Alex Lowdermilk 1b. Primary Contact Email: * alex.lowdermi Ik@mcgillassociates.com Date Submitted 2/23/2023 Nearest Body of Water Buffalo Creek / S1 (UT-1 To Buffalo Creek) Basin Neuse Water Classification C;NSW Site Coordinates Latitude: 35.763773 A. Processing Information Is this project connected with ARPA funding?* Yes No County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Longitude: -78.363745 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone:* (828)328-2024 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) Has this PCN previously been submitted? Yes No 1b. What type(s) of permits) 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: 42 - Recreation Facility NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization 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: Yes No For the record only for Corps Permit: Yes No 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 fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1h. 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. Nari on recorded deed: Town of Wendell 2b. Deed book and page no.: 018131 /00285 2c. Contact Person: Town Manager - Marvin E. Collins 2d. Address Street Address 15 E. Fourth Street Address Line 2 City Stale / Province / Region Wendell North Carolina Postal/Zip Code Country 27591 United States 2e. Telephone Number: (919)365-4450 2g. Email Address:* mcollins@townofwendellnc.gov 4. Agent/Consultant (if applicable) 4a. Name: Alex Lowdermilk 4b. Business Name: McGill Associates, P.A. 4c.Address Street Address 1240 19th Street Lane NW Address Line 2 City Hickory Postal / Zip Code 28601 4d. Telephone Number: (828)328-2024 4f. Email Address: alex.lowdermiik@mcgillassociates.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) N/A 1c. Nearest municipality / town: Wendell 2. Project Identification 2a. Property Identification Number: 1783837861 2c. Project Address Street Address 1217 S Hollybrook Road Address Line 2 City Wendell Postal / Zip Code 27591 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Buffalo Creek / S1 (UT-1 To Buffalo Creek) 3b. Water Resources Classification of nearest receiving water:" C,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. 030202011502 4. Project Description and History 2f. Fax Number: (919)366-1462 State / Province / Region North Carolina Country United States 4e. Fax Number: 2b. Property size: 11.10 State / Province / Region North Carolina Country United States 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 project is located at 1217 S Hollybrook Road. The subject property had remnants of an old homesite but has since been demolished. The existing property has a dominant open field while the eastern side of the parcel is mixed woodland with small tributary creek that runs into Buffalo Creek with adjacent wetlands. All proposed work will be conducted within the town owned parcel. Adjoining areas consist of residential properties and undeveloped land. a 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: 0.0501 4g. List the total estimated linear feet of all existing streams on the property: 0.0025 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a community park intended to serve Town residents and visitors with multiple outdoor recreational amenities. The strategic planning elements of the park were designed to offer a variety of activities compatible with both active and passive recreation in an aesthetically pleasing environment that promotes support for Wendell's natural setting and environment. The Town expressed need and desires for a large open space, trails, picnic shelters, multipurpose fields and traditional day -use amenities. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project plans to develop Hollybrook Park in Wendell, North Carolina. See Appendix 2 Plans Set (C-101 - C-104). The park will include basketball courts; pickleball courts; asphalt trails; nature trails; playground; concrete cornhole; bocce ball courts; picnic shelter; parking lot; and bike lanes/sidewalks along S Hollybrook Road. The proposed bike lane and sidewalk will connect the proposed park to neighboring residential areas providing safe access. See Appendix 2 Plans Set (C-503 - C-504) for details. The proposed permanent wetland impacts for the project total approximately 0.0501 Acres (Impact W1) resulting from the bike lane/sidewalk construction along S Hollybrook Road. The proposed permanent stream impacts for the bike lane and sidewalk total approximately 0.0025 Acres (Impact S1). See Appendix 1 - Impacts Map. Resulting riparian buffer impacts along the UT to Buffalo Creek total Zone 1:1,489sf, Zone 2: 3,331sf. See Riparian Buffer Map. The existing culvert will be cut and approximately 11' LF of Arch CMP will be removed, then extended by 26' LF Arch CMP (71" x 47"). See Appendix 2 - Plans Set (C-202 Key Notes: H). The proposed culvert will be installed in a manner that the original stream profiles are not altered and allow for aquatic life movement during low flow conditions. All work in the stream shall be performed in dry conditions. The contractor shall provide adequate diversion or pump -around to maintain a dry work area (See Appendix 2 Plans Set (C-508 - Temporary Stream Bypass). Silt fence will be installed during construction to prevent runoff from impacting adjacent streams/wetlands on -site. The E&SC plan will be completed in three phases see Appendix 2 - Plans Set (C-301 - C-303). The E&SC plan will include sediment fencing; pipe inlet protection; straw wattles; rip -rap dissipators; grassed lined swales; temporary skimmer basins; temporary diversions; and temporary slope drains. No indirect impacts are anticipated for the proposed project. It is anticipated typical road construction equipment will be used for the project which might include excavators, bulldozers, frontend loaders, skid steers, compactors, dump trucks, and scrapers. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O Unknown Comments: See Appendix 6 - Preliminary Jurisdictional Determination 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: N/A 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Alex Lowdermilk/Jon Swaim Agency/Consultant Company: McGill Associates, P.A. Other: 1/25/2023 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* 2f. Type of Jurisdicition * 2g. Impact (?) area WJ WA Fill P f ottomland Hardwood Forest Wetland A Yes Corps 0.050 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.050 2i. Comments: See Appendix 1 - Impacts Map for approximate acreage. 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.050 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name * 3e. Stream Type* ?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Culvert Extension Permanent Culvert :Iff To Buffalo Creek Perennial Both Average (feet) 26 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 31. Total temporary stream impacts: 26 0 3i. Total stream and ditch impacts: 26 3j. Comments: See Appendix 1 - Impacts Map for approximate acreage. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Fill P UT to Buffalo Creek _11 No 1,489 3,331 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 1,489.00 3,331.00 Zone 1 Zone 2 Total combined buffer impacts: 1,489.00 3,331.00 6i. Comments: According to 15A NCAC 02B .0714 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY, proposed buffer impacts Allowable Upon Authorization. Q) Greenways, trails, sidewalks or linear pedestrian/bicycle transportation systems: (iii) When built upon area is added to the riparian buffer, equal to or less than 10 feet wide with two foot wide shoulders. Shall be located outside Zone 1 unless there is no practical alternative. The sidewalk/bicycle lane will be approximately 10' wide as shown in Appendix 2 - Plans Set - C-101. The majority of the riparian impacts will be in previously disturbed areas. Due to design restrictions and wetlands/streams on located both sides of the road no practical alternatives were found. See Appendix 4 - Riparian Buffer Map for approximate impacts to the buffer. E. Impact Justification and Mitigation Q `I 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Project designed to minimize stream/wetland impacts as much as practical. Materials will be stored in upland areas. The proposed culvert will be installed in a manner that the original stream profiles are not altered and allow for aquatic life movement during low flow conditions. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All work in the stream shall be performed in dry conditions. The contractor shall provide adequate diversion or pump -around to maintain a dry work area (See Appendix 2 Plans Set (C-508 - Temporary Stream Bypass). Silt fence will be installed during construction to prevent runoff from impacting adjacent streams/wetlands on -site. The E&SC plan will be completed in three phases see Appendix 2 - Plans Set (C-301 - C-303). The E&SC plan will include; sediment fencing; pipe inlet protection; straw wattles; rip -rap dissipators; grassed lined swales; temporary skimmer basins; temporary diversions; and temporary slope drains. 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: The project does not exceed thresholds requiring compensatory mitigation for Nationwide Permit 42. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. 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 Comments: E&SC Plans Submitted on 2/10/2023 and are currently under review. 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 1b. 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: * The project is located on land owned by the Town of Wendell. It is anticipated local funds will be used to build the project. As such, it is anticipated a NEPA/SEPA environmental document will not be required for the 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. No additional development anticipated as a result of the proposed work. 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 No 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 Unknown 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? USFWS Information for Planning and Consultation tool (see Appendix 5) On January 25, 2023 environmental specialists from McGill Associates, P.A. conducted a Threatened and Endangered Species survey on the subject property. Approximately 15 mature (DBH >_ 10") mixed pine trees (Loblolly, Short Leaf) were found within the Limits of Disturbance (LOD) as potential habitat for the Red -cockaded Woodpecker (RCW). No signs of potential nesting cavities or RCW occurrences were discovered during survey activities. While it is possible that these pine trees may provide foraging habitat for RCW, it is the opinion of McGill Associates that their removal will not result in significant habitat loss. All other Threatened and Endangered Species found on the USFWS IPAC Report were surveyed for and no species occurrences or potential habitat were found within the LOD. 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?" NC Historic Preservation Office HPOWEB See Appendix 3 - NCHPO HPOWEB Map 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?" https://fris.nc.gov/ 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 Final Appendices.pdf 33.52MB File must be PDF or KMZ Comments Signature 0 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: Alex Lowdermilk Signature Date 2/23/2023