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