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HomeMy WebLinkAbout20211396 Ver 2_ePCN Application_20230316DW 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: 8/16/2021 BIMS # Assigned 20211396 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: Washington Elementary School 1a. Who is the Primary Contact?* Lauren Norris -Heflin 1b. Primary Contact Email: * lau ren. norris-hefli n@timmons.com Date Submitted 3/16/2023 Nearest Body of Water Rocky Branch Basin Neuse Water Classification C; NSW Site Coordinates Latitude: 35.767110 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: -78.643899 Version#* 2 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone:* (919)866-4943 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 Please provide the date of the previous submission. 9/15/2021 1b. What type(s) of permit(s) 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: 03 - Maintenance Nationwide Permit (NWP) Number: 13 - Bank Stabilization NWP Numbers (for multiple NWPS): 3 and 13 1d. 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 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. 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. Name(s) on recorded deed: Wake County Board of Education 2b. Deed book and page no.: Book: 006387,Page:00087 2c. Contact Person: Mark Strickland 401 Water Quality Certification - Express Riparian Buffer Authorization * Yes No Yes No 2d. Address Street Address 111 Corning Road Address Line 2 Suite 190 city Cary Postal / Zip Code 27518 2e. Telephone Number: (919)694-0128 2g. Email Address:* mrstrickland@wcpss.net 4. Agent/Consultant (if applicable) 4a. Name: Lauren Norris -Heflin 4b. Business Name: Timmons Group 4c.Address Street Address 5410 Trinity Road Address Line 2 Suite 102 city Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)866-4943 4f. Email Address:* lauren.norris-heflin@timmons.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Raleigh 2. Project Identification 2a. Property Identification Number: 1703545365 2c. Project Address Street Address 1000 Fayetteville Street Address Line 2 City Raleigh Postal / Zip Code 27601 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Rocky Branch 3b. Water Resources Classification of nearest receiving water: C; NSW State / Province / Region North Carolina Country USA 2f. Fax Number: State / Province / Region North Carolina Country USA 4e. Fax Number: 2b. Property size: 8.40 State / Province / Region North Carolina Country USA a 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011101 4. Project Description and History 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 site is approximately 8.40 acres located is located in Raleigh, North Carolina within Wake County. The Site is bound by Martin Luther King Jr Boulevard and residential and commercial development to the north; Fayetteville Street and residential development to the east; Fayetteville Street, Rocky Branch Greenway Trail, and Mt. Hope Cemetery to the south; and mixed hardwood forest and McDowell Street to the west. The Site is located within the Piedmont Physiographic Province. The Site is occupied by Washington Elementary School, maintained grass, and mixed hardwood forests. In addition, two stream and no wetland features were found within the Site. A delineation of the Site was completed by Timmons Group on 9/16/2020. A site visit was conducted with Lyle Phillips (USACE) on 11/18/2020 and an informal confirmation was provided via email that same day. Joshua Brigham (NC DWR) did not attend the site visit but sent an informal buffer determination approval on 11/30/2020 via email. A preliminary jurisdictional determination was received on 12/16/2021. A Riparian Buffer Authorization was issued on 12/8/2021, a 401 Permit was issued on 12/15/2021, and a 404 Permit was issued on 12/16/2021. This permit is being submitted to re -permit the existing project which was unable to be completed before the end of the 1-year extension period. Nothing has changed since previous permit approval. The proposed impacts have been initiated, but not yet completed. The site is to be stabilized by the end of the 1-year extension period and maintained until either an extension or new permit authorization is provided, allowing work to continue. To date, the previously existing culverts have been removed. A temporary gravity pipe system is in place, and installation of a foundation for the proposed culverts has begun. This permit application requests reauthorization to continue with installation of the new culverts and associated stream and buffer stabilization necessary to finalize this installation. 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 404 Certification for NWP 3 and 13 issued on 12/16/2021 - SAW-2020-01767. NC DWR 401 Certification for NWP 3 and 13 issued on 12/15/2021 - DWR# 20211396. NC DWR Neuse River Basin Riparian Buffer Impact Authorization issued on 12/8/2021 — DWR # 2021396 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: 1831 4h. Explain the purpose of the proposed project:* The purpose of the project is to replace a culvert located in the easternmost stream on -Site (Feature B on the Delineation Map). The current culvert is failing and due to safety concerns from Washington Elementary School, the culvert needs to be replaced. Additionally, the proposed culvert will allow for continued, stable, aquatic life movement. This permit is being submitted to re -permit the existing project which was unable to be completed before the end of the 1-year extension period. Nothing has changed since previous permit approval. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: This permit is being submitted to re -permit the existing project which was unable to be completed before the end of the 1-year extension period. Nothing has changed since previous permit approval. The proposed project is a is a single -phased project that is located at 1000 Fayetteville Street in Raleigh, North Carolina within Wake County. The former culverts consisted of a 25' long 60" reinforced concrete pipe (RCP) with two 25' RCPs on either side. This culvert will be replaced within three 16' long RCPs: 1 60" diameter RCP and 2 36" diameter RCPs on either side Bank stabilization and a plunge pool are also proposed. All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. This application requests re -authorization of the permanent discharge of fill material resulting in no loss of waters within 123 linear feet (0.0272-acres) of stream channel, and the temporary discharge of fill material within 114 linear feet (0.027-acres) of stream channel. Additionally, this application requests the re -authorization of the permanent impact of 570-sq ft of Zone 1 of the Riparian Buffer, the temporary impact of 7,148-sq ft of Zone 1 of the Riparian Buffer and the temporary impact of 958-sq ft of Zone 2 of the Riparian Buffer. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No 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-2020-01767 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Kate Hefner and Morgan Gilbert Agency/Consultant Company: Timmons Group Q Unknown Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 06/16/2020 - Delineation of the Site was completed by Timmons Group 11/18/2020 - Site visit was conducted with Lyle Phillips (USAGE) and an informal confirmation was provided via email that same day 11/30/2020 - Joshua Brigham (NC DWR) did not attend the site visit but sent an informal buffer determination approval via email 09/15/2021 — Initial ePCN submitted by Timmons Group 12/8/2021 — Neuse River Basin Riparian Buffer Authorization received from NC DWR 12/15/2021 —401 Certification received from NC DWR 12/16/2021 — 404 Certification received from USACE 12/16/2021 — Preliminary Jurisdictional Determination received from USACE 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? No other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this permit application. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries 0 Buffers Open Waters Pond Construction 3. Stream Impacts Q u 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact" 3d. S. name" U. Stream Type* 3f. Type of 3g. S. width 3h. Impact ❑ Jurisdiction* length* S1 New Culvert Permanent Culvert B Perennial Both 15 16 Averege (feet) (linear feet) S2 Stabilization Permanent Bank Stabilization B Perennial Both 15 71 Averege (feet) (linear feet) S3 Stabilization Temporary Bank Stabilization J B Perennial Both 15 62 Average (feet) (linear feet) S4 Embedded stone Permanent Stabilization B Perennial Both 15 14 Averege (feet) (linear feet) SS Plunge pool Permanent Stabilization B Perennial Both 15 22 Averege (feet) (linear feet) S6 Temporary Impact for Temporary Dewatering B Perennial Both 15 31 Construction Average (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 123 3i. Total stream and ditch impacts: 216 31. Total temporary stream impacts: 93 3j. Comments: Impact S1 consists of the new culvert installation, consisting of one 60" reinforced concrete pipe (RCP) and 2 36" RCPs on either side (0.006-acres) These pipes will be 16 linear feet long. This impact replaces the former 25 linear foot RCPs, and is therefore considered permanent - no loss. Impact S2 consists of permanent bank stabilization proposed using riprap. In total, about 71 linear feet (714.9-sq.ft., 0.016-acres) of permanent bank stabilization is proposed(0.011-acres). Permanent riprap fill for bank stabilization will require minor grade adjustments to correct and stabilize previously eroded banks, and provide long-term stability necessary to prevent future erosion. The bank stabilization is therefore considered no loss. Impact S3 consists of temporary bank repairs for a total of 62 linear feet (0.018-acres). This temporary impact is for construction and restoration of banks following work completion. Impact S4 consists of riprap proposed to be embedded in the stream bed on the upstream side of the new pipes (0.0034-acres). Impact S5 consists of a plunge pool proposed to be installed in the downstream side of the new pipes (0.0073-acres). Impact S4 and S5 are permanent, no loss, since the riprap will be keyed into the streambed. Impact S6 consists of 31 linear feet (0.009-acres) of temporary stream bed impacts for construction which will be restored to pre -construction elevations. The linear feet of this temporary impact area overlaps with the temporary impact for bank stabilization (S3), but acreages have been separated by bed (S6)and bank (S3). 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 Culvert Installation P B No 570 0 Construction Access T B No 7,148 958 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 7,148.00 958.00 Zone 1 Zone 2 Total Permanent impacts: 570.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 7,718.00 958.00 6i. Comments: The permanent impact is due to the fill required to be placed on top of the newly installed culvert. The temporary impacts are due to construction access and stream improvements on both sides of the stream. The stream is located in a maintained lawn and will be restored back to maintained lawn. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts proposed are necessary in order for the project's goals to be realized. Further, the crossing is to be installed at a previously disturbed location to replace a failed culvert with a culvert of an adequate size and construction. This project will address a failing and broken culvert crossing and will ultimately improve water quality by reducing the amount of active erosion. The project will be limited to the affected area only and the limits of disturbance have been minimized to only the area needed to complete the repairs. Impacts to the stream buffer will be minimized by accessing the site through a narrow corridor and protecting as much existing vegetation as possible. In addition, the replacement of the existing culvert with a shorter culvert will add approximately 9 linear feet of streambed. Ill Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Pumping of normal stream Flow will be maintained and pumped around the site during construction activities. Bank stabilization, covering the slopes with riparian seed and coir matting, erosional control matting will occur daily upon completion of bank grading. Measures will be taken to prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. 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 O 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent impacts to streambed are no loss and therefore below mitigation thresholds. Permanent riprap fill for stream bank stabilization will require minor grade adjustments to correct and stabilize previously eroded banks, and provide long-term stability necessary to prevent future erosion. The bank stabilization is therefore considered no loss. Additionally, impacts S4 and S5 will consist of riprap embedded in the stream bed. The culvert is necessary to provide pedestrian access to a playground and recreational field. With the removal of the existing culvert, no built upon area will be added, thus permanent buffer impacts to Zone 1 are Deemed Allowable. The temporary buffer impacts will be restored after construction and are also Deemed Allowable. 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 Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Raleigh Comments: No additional development or impervious is planned for this project. It is solely a culvert replacement and stream stabilization project. *note - project meets the requirements for a low density project. Item 2d should not apply but the ePCN would not allow the application to be submitted without filling that section out* 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 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 will take place on property owned by Wake County Schools. To our knowledge, the funding for this project does not come from federal or state sources or any other sources which would require an environmental document meeting the requirements of the NEPA or SEPA. 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. The proposed project is single and complete and is not anticipated to result in additional impacts. 4. Sewage Disposal (DWR Requirement) O O 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? A search of the USFWS IPaC database identified six federally protected species as potentially occurring within the project area, including the Neuse River waterdog, Carolina madtom, Atlantic pigtoe, dwarf wedgemussel, and Michaux's sumac. The IPaC database further identified one candidate species for listing, the monarch butterfly, and one proposed endangered species, the tricolored bat, as potentially occurring within the project area. No critical habitats were identified within the project area or a 1-mile radius. Additionally, a search of the North Carolina Natural Heritage Program (NHP) database did not identify any federally listed species or state managed areas within the project limits. However, the NHP did identify an occurrence of the Atlantic pigtoe in 1951, and the rusty -patched bumble bee within a 1-mile radius. Construction activities on -Site associated with the proposed project are not likely to adversely affect threatened and endangered species due to the lack of suitable habitat. The streams on -Site are subject to high amounts of urban runoff and pollution. Further, the remainder of the impact areas consist of maintained lawn. Therefore, the proposed impact areas do not constitute suitable habitat for the identified protected species and will have no effect on 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? * A search of the North Carolina Natural Heritage Preservation Office's (HPO) online database and the North Carolina Department of Environmental and Natural Resources (DENR) Division of Historical Resources (DHR) data identified 592 historical resources as occurring within a 1-mile radius of the proposed project limits. One listing, NR WA3360, Washington Graded and High School occurs within the proposed project limits. SHPO approval to proceed with culvert replacement was received in a letter dated March 30, 2021, which is attached. 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 majority of the Site is located within Zone AE of a FEMA 100-year floodplain with base flood elevations ranging from 242 to 244 feet above mean sea level according to FEMA FIRM Panel #3720170300J (effective 05/02/2006). A no -rise was obtained for the flood study with the City of Raleigh and the local flood plain administrator. Any fill to be placed within the floodplain was deemed allowable by the City. Please see the No Rise Floodstudy Work Map which is included as an attachment. 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Panel #3720170300J (effective 05/02/2006) Miscellaneous 8 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 2023.03.15_Washington ES_ePCN Cover Page (reduced).pdf 13.09MB File must be PDF or KMZ Comments 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: Lauren Norris -Heflin Signature �..rnr �%l r r.✓-yyi�PiiY Date 3/16/2023 M