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HomeMy WebLinkAbout20230417 Ver 1_ePCN Application_20230317DW 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: 1 /18/2023 BIMS # Assigned 20230417 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: Twelve Oaks Stream Restoration 1a. Who is the Primary Contact?* Tim Frye 1b. Primary Contact Email: * timfrye2324@gmail.com Date Submitted 3/17/2023 Nearest Body of Water Little Branch Basin Cape Fear Water Classification C Site Coordinates Latitude: 35.669591 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: -78.86662 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone:* (919)848-4911 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 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: 27 - Restoration NWP Numbers (for multiple NWPS): n/a 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 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 forthe 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: Twelve Oaks Master Association, Inc. 2b. Deed book and page no.: Book: BM2018, Page: 01294 2c. Contact Person: Tim Frye 2d.Address Street Address 11010 Raven Ridge Road Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27614 USA 2e. Telephone Number: (919)848-4911 2g. Email Address:* timfrye2324@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Amber Coleman 4b. Business Name: Stantec 4c.Address Street Address 801 Jones Franklin Rd. Address Line 2 Suite 300 city Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)457-8230 4f. Email Address:* amber.coleman@stantec.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Twelve Oaks 1c. Nearest municipality / town: Holly Springs 2. Project Identification 2a. Property Identification Number: 0639986675 2c. Project Address Street Address 657 Ivy Arbor Way Address Line 2 City Holly Springs Postal / Zip Code 27540 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Little Branch 3b. Water Resources Classification of nearest receiving water: C 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. 030300040102 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 0.303257 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 Twelve Oaks Stream Restoration project consists of restoration to an unnamed tributary to Little Branch (Stream SA). Stream SA is a perennial stream that flows through the Twelve Oaks Golf Course to the west through a residential area and eventually through a box culvert under Ivy Arbor Way. The stream is exhibiting lateral and vertical channel migration causing extensive erosion which is introducing excess sediment into the stream and threatening public and private infrastructure. A short retaining wall is present along the left bank while a sanitary sewer line parallels stream SA on the right bank of the stream. Stormwater drainage enters the stream within the project area via an outlet and ditch on the left bank near the beginning of the project. A small number of mature trees are present but largely the riparian corridor is made up of young successional vegetation including pines and red maple. Stream SA scored "Low" in habitat, hydrology and WQ metrics in an NCSAM assessment. No wetlands were found within the project area. 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: 4g. List the total estimated linear feet of all existing streams on the property: 252 4h. Explain the purpose of the proposed project: * The goal of this project is to provide functional uplift and greatly reduce excess sediment contribution to UT to Little Branch (Stream SA) which is currently actively degrading and threatening surrounding infrastructure. This project aims to restore riparian areas and restore the stream channel to avoid further property damage. The goals of the project are to improve instream habitat, reduce stream bank erosion, enhance native riparian vegetation, and restore the channel to protect surrounding infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project will utilize natural channel design techniques to restore an eroding reach of stream channel. Project access will occur from Ivy Arbor Way on the north side of the project through an empty lot owned by the Twelve Oaks Masters Association, Inc. Channel work will occur within the variable drainage easement established along the drainageways within the Twelve Oaks neighborhood. See attached drainage easement memorandum for additional information regarding the easement. A temporary ford crossing will be installed for equipment access and a pump around system will be utilized for channel work. The stream pattern and profile will be adjusted to ease shear stress along the stream banks to decrease erosion. Boulders and log cross vanes will be installed as part of the project. After earthwork is complete the site will be planted with native vegetation including seed, live stakes, and bare roots. Typical earthwork equipment will be used including an excavator and track loader. The smallest equipment necessary to transport materials to the staging area and within the site will be used to minimize soil compaction. No indirect impacts are expected. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: Streams were delineated on 1/4/23. 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Amber Coleman, Grayson Giugno Agency/Consultant Company: Stantec Other: 6. Future Project Plans Unknown 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 activity beyond stream restoration is proposed. 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 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact ?) Jurisdiction* length* O S� Stream restoration Permanent Relocation JSA (UT to Little Branch) Perennial Both 252 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 252 0 3i. Total stream and ditch impacts: 252 3j. Comments: Within the construction limits of disturbance, a temporary ford crossing will be built for equipment access but will be incorporated into the final stream restoration footprint (permanent impacts area). Permanent stream restoration impacts are approximately 0.04 acres. 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: Restoration work has been designed to only take place in the length of stream where the greatest amount of lateral erosion is occurring and where vertical incision can be adequately stabilized to prevent future headcuts propagating upstream. Project will take advantage of existing bedrock and minimize tree clearing to the amount necessary. Natural channel design techniques have been utilized to optimize channel features to work with existing flow regime and valley characteristics. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Multiple construction techniques are proposed to avoid and minimize impacts on the project. All state and local erosion and sediment control procedures will be followed. A pump around system will be implemented for in channel work. All staging areas are located outside jurisdictional waters. Vehicles and equipment will be maintained to prevent discharge or leaks. 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: Project is a stream restoration project which does not require compensatory mitigation. 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 If no, explain why: Project is within the Cape Fear River Basin. 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: Project does not involve additions of impervious area. 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 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 u 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. Project is a restoration project and will not 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 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 IPaC and site survey on 1/4/23 by A Coleman. No suitable habitat for RCW, Michaux's sumac or Cape Fear shiner. 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? EFH Mapper https://www.habitat.noaa.gov/apps/efhmapper/?page=page_8 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? HPOWEB 2.0 https://nc.maps.arcgis.com/home/item.html?id=d2d04d8d7e03403f889419526e682529 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? North Carolina Flood Risk Information System https://fris.ne.gov/fris/index.aspx?FIPS=183&ST=NC&user-General%20Public Miscellaneous u 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 Twelve0aks_StreamRestoration_Letter_and_Attachments_20230317.pdf 28.05MB File must be PDF or KMZ Comments This project has been assigned AID# SAW-2023-00520. Signature p 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: Amber Coleman Signature Date 3/17/2023