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HomeMy WebLinkAbout20230553 Ver 1_ePCN Application_20230417DWR Division 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: 1/27/2023 BIMS # Assigned 20230553 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review la. Name of project: Ashcroft Dam Repair la. Who is the Primary Contact?* Amy Black, PC 1b. Primary Contact Email: * ablack@ljbinc.com Date Submitted 4/17/2023 Nearest Body of Water Troublesome Creek (Lake Reidsville) Basin Cape Fear Water Classification WS-III:NSW,CA Site Coordinates Latitude: 36.32611 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Rockingham Is this a NCDMS Project Yes No Longitude: -79.69389 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Seren Homer:Seren.Homer@ncdenr.gov 1c. Primary Contact Phone: * (336)686-7647 O 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: 03 - Maintenance NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 401 Water Quality Certification - Express Riparian Buffer Authorization 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 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: Ashcroft Lake Association, Inc. 2b. Deed book and page no.: 0971/2251 2c. Contact Person: Larry Huffman, Association President 2d. Address Street Address 1318 Winterberry Drive Address Line 2 City Reidsville Postal / Zip Code 27320 2e. Telephone Number: (336)491-0382 2g. Email Address:* larryhuffman53@gmaii.com 4. Agent/Consultant (if applicable) 4a. Name: Amy Black, PE 4b. Business Name: LJB Engineering PC 4c.Address Street Address 311-A South Main Street Address Line 2 city Kernersville Postal / Zip Code 27284 4d. Telephone Number: (336)686-7647 4f. Email Address:* ablack@ljbinc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Reidsville, NC 2. Project Identification 2a. Property Identification Number: 799307586585 2c. Project Address Street Address 1318 Winterberry Drive Address Line 2 city Reidsville Postal / Zip Code 27320 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Troublesome Creek (Lake Reidsville) 3b. Water Resources Classification of nearest receiving water: WS-III:NSW,CA 3c. What river basins) is your project located it * Cape Fear State / Province / Region NC Country Rockingham 2f. Fax Number: State / Province / Region NC Country Forsyth 4e. Fax Number: 2b. Property size: 10.31 State / Province / Region NC Country Rockingham 3d. Please provide the 12-digit HUC in which the project is located. 030300020203 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: This lake and dam are located in a residential area and is maintained by Ashcroft Lake Association, Inc. The dam is a small, earthen dam and the owner has been issued a Notice of Violation from NC Dam Safety. The lake has been drained well over a year in response to a Dam Safety Order and will not be filled until Dam Safety has approved the repair. The dam and areas downstream of the dam are maintained by the Lake Association. 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 4g. List the total estimated linear feet of all existing streams on the property: 375 4h. Explain the purpose of the proposed project:" This project will replace a non -compliant CMP riser/barrel with a RCP riser/barrel and add a riprap apron at the discharge location for energy dissipation to reduce erosion downstream. The crest elevation of the emergency spillway will also be adjusted so it won't activate in less than the 50 year event in order to allow it to remain a grassed spillway. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The 12" barrel through the dam will have to be excavated and replaced. The new pipe will be set on a concrete cradle and include a constructed two -stage filter diaphragm. A riprap apron will be added at the discharge location to prevent erosion during high velocity discharge. The new riprap apron will be a permanent impact. All other impacts will be temporary to allow for construction. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No G Unknown Comments: All work, with the exception of the riprap apron, will be performed in the upland areas. There does not appear to be any wetland areas within the project site. 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): Agency/Consultant Company: Other: 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 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 L F 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* fl Riprap apron at discharge Permanent Stabilization Unnamed trib to Troublesome Creek ff::] Both Average (feel) 14 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 14 3i. Total temporary stream impacts: 0 3i. Total stream and ditch impacts: 14 3j. Comments: 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 714b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area Upstream of Lmer'placement and sediment T Ashcroft Lake Excavation PondDam 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.80 0.00 4g. Total open water impacts: 0.80 4h. Comments: This acreage includes everything within the LOD in the pond. Much of this is just access. No disturbance is intended on the upstream slope except for the excavation area over the pipe. The pond bed is dry since the pond has been drained for over a year. There is an existing access path that was used during the last repair project that will be used again. The riser/barrel replacement includes the same size but different material - so no additional permanent impacts. E. Impact Justification and Mitigation O 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed outlet is located in the same area as the existing outlet to avoid additional disturbance in removing the existing infrastructure. Access into the lake bed will be from the northern bank - an area that was previously used and is much less steep than the dam embankment. All impacts are directly related to the dam repair and improvements. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The lake has already been drained and the lake bed is dry. All work will be completed in dry conditions. An Erosion & Sediment Control plan is included in the project documents. 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: This project will provide erosion protection for the downstream outlet. There will be no loss of open water. 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 If no, explain why: This project will not add impervious area and does not require a diffuse flow plan. 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: 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 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. Repair of this existing dam will not result in additional development in the area. 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 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? Fish & Wildlife iPaC service 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? Searched the GIS spatial data from National Register of Historic Places at NPS.gov. Additionally, this project is in a residential subdivision on private property. 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?" 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 Ashcroft_Agent_Auth_Form.pdf 171.01KB PCN_Soils_Map.pdf 1.64MB PCN_USGS_Map.pdf 1.37MB ROCKI-162_Ashcroft Plans 2023-04-07.pdf 7.39MB Species List_ Raleigh Ecological Services Field Office.pdf 617.6KB File must be PDF or KMZ Comments The construction plans, Agent Authorization, Soils Map, USGS Map, and Species List from iPaC are included as attachments. 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: Amy Black Signature Date 4/17/2023 a