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HomeMy WebLinkAbout20230606 Ver 1_ePCN Application_20230425i DWR 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: 2/2/2023 BIMS # Assigned 20230606 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: 0 Lantern Ridge Drive (Muddy Creek) la. Who is the Primary Contact?* Jessica Tisdale 1b. Primary Contact Email: * jessica.tisdale@hdrinc.com Date Submitted 4/25/2023 Nearest Body of Water Muddy Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 36.092561 -80.361167 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Forsyth Is this a NCDMS Project Yes No Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Seren Homer:Seren.Homer@ncdenr.gov 1c. Primary Contact Phone:* (919)232-6654 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: 58 - Utility Line Activities for Water and Other Substances (frequently used) 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: Lantern Ridge Association Inc 2b. Deed book and page no.: BK1644 P1532 2c. Contact Person: 2d. Address Street Address 2200 Silas Creek Parkway STE 2A Address Line 2 city Winston-Salem Postal / Zip Code 27103 2e. Telephone Number: (336)747-6840 2g. Email Address:* michaelws@cityofws.org 2a. Narri on recorded deed: Brookberry Park Apartments LLC 2b. Deed book and page no.: BK1989 P3670-3671 2c. Contact Person: 2d.Address Street Address 311 X Gramercy St Address Line 2 City Greensboro Postal / Zip Code 27408 2e. Telephone Number: (336)747-6840 2g. Email Address:* michaelws@cityofws.org 3. Applicant Information (if different from owner) 3a. Name: Michael Stover, Deputy Director Operations 3b. Business Name: City of Winston-Salem/Forsyth County 3c.Address Street Address Bryce A. Stuart Municipal Building Address Line 2 100 East First Street city Winston-Salem Postal / Zip Code 27101 3d. Telephone Number: (336)747-6840 3f. Email Address:* michaelws@cityofws.org 4. Agent/Consultant (if applicable) 4a. Name: Jessica Tisdale 4b. Business Name: HDR Engineering of the Carolinas State / Province / Region North Carolina Country us 2f. Fax Number: State / Province / Region NC Country us 2f. Fax Number: State / Province / Region NC Country us 3e. Fax Number: 4c.Address Street Address 555 Fayetteville Street Address Line 2 Suite 400 city Raleigh Postal / Zip Code 27601 4d. Telephone Number: (919)232-6654 4f. Email Address:" jessica.tisdale@hdrinc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Winston-Salem 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address 0 Lantern Ridge Drive Address Line 2 city Winston-Salem Postal / Zip Code 27103 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Muddy Creek 3b. Water Resources Classification of nearest receiving water:' C 3c. What river basins) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401011303 4. Project Description and History State / Province / Region North Carolina Country us 4e. Fax Number: (919)785-1187 2b. Property size: State / Province / Region North Carolina Country us 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 located within a WSFC Utilities sewer easement in which the system perpendicularly crosses Muddy Creek, a perennial stream. Muddy Creek greenway and the Mountains -to - Sea Trail are adjacent to the site. The surrounding land use is residential and patchy forested exist along riparian corridors. 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: None 4g. List the total estimated linear feet of all existing streams on the property: 20 4h. Explain the purpose of the proposed project: * The purpose of this emergency project was to replace a compromised 80-foot section of sanitary sewer 12" ductile iron restrained pipe (DIP) with a 12" DIP encased in a 24" encasement. A sanitary overflow was reported on December 24th, 2022 and a sanitary bypass pump was installed from upstream to downstream manholes on the same day. Woody debris in Muddy Creek was piled up on the aerial sanitary sewer crossing which created enough pressure to compromise the DIP. Repair work on the sanitary sewer line commenced the week of January 3rd. a 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project permanently impacted 20 feet of stream bank on each side of Muddy Creek where the pipe crosses. The project is located along Muddy Creek at 36.092561,-80.361167 decimal degrees. Work entailed the removal/excavation of a damaged 50-foot, aerial pipe segment over Muddy Creek, replacement with an 80-foot 24" encasement DIP section, constructing a stable bank using rock/geotextile, coir matting and establishing a stable segment of stream bed at the base of the bank. Repair work was completed from both sides of the stream bank, no work was performed within the stream bed except for tree debris clearing. The site was accessed from the existing greenway system at Lantern Ridge Drive and existing sewer easements. Erosion control measures were installed prior to work. Stone was placed to establish a stable work area within the easement. Disturbed areas were reseeded and mulched when work was completed in late January. An excavator, a skid steer loader and a dump truck were used to stabilize the streambank. Please see the five attached details; steel casing pipe detail, temporary silt fence, temporary construction entrance, bank stabilization, and seeding details. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O Unknown Comments: perennial stream; no wetlands on 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? 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 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 Bank stabilization Permanent Bank Stabilization S1 Perennial::] Both h;;J�] 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 20 0 3i. Total stream and ditch impacts: 20 3j. Comments E. Impact Justification and Mitigation 1. Avoidance and Minimization 0 `1 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: See project description in Section C4.i. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: See attached details referenced in Section C4.i. 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: Impacts to waters are below mitigation threshold. 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: The Project is located in the Yadkin Pee Dee River Basin which is not included in the NC Riparian Buffer Protection Rules. 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: Sanitary sewer line replacement 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: * This is a small sanitary sewer replacement 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 2b Provide an explanation of the violation(s): 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. This project was solely to repair an existing sewer system and no additional development is planned. 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 NCNHP Database report 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 Fish Map 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? https://nc.maps.arcgis.com/home/item.html?id=79ea671 ebdcc45639f0860257d5f5ed7 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: An after the fact local jurisdictional Floodway Development permit is being prepared with an expected approval based on a No -rise determination. 8c. What source(s) did you use to make the floodplain determination?* DFIRM no. 3710589500J which is attached to the submittal. 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 Muddy_Creek_ Permit _Package_Review_4242023_Final.pdf 4.83MB File must be PDF or KMZ Comments Please review the attached upload (Attachment A) which includes project description; figures, photographs; construction details; IPAC&NHP Reports; pre -filing email request; and a signed agent authorization. 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: Jessica Tisdale 6 Signature Date 4/25/2023