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HomeMy WebLinkAbout20230932 Ver 1_ePCN Application_20230624DWR 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: 5/19/2023 BIMS # Assigned 20230932 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: North Buffalo Creek Bank Stabilization la. Who is the Primary Contact?* Cindy Lancaster 1b. Primary Contact Email: * clancaster@ljbinc.com Date Submitted 6/24/2023 Nearest Body of Water North Buffalo Creek Basin Cape Fear Water Classification WS-V; NSW Site Coordinates Latitude: 36.080056 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Guilford Is this a NCDMS Project Yes No Longitude: -79.806722 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Seren Homer:Seren.Homer@ncdenr.gov 1c. Primary Contact Phone: * (336)967-7052 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: 13 - Bank Stabilization 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: City of Greensboro 2b. Deed book and page no.: 2c. Contact Person: Shawna Tillery (Greensboro Parks & Rec) 2d. Address Street Address PO Box 3136 Address Line 2 city Greensboro Postal / Zip Code 27402 2e. Telephone Number: (336)373-7808 2g. Email Address:* Shawna.Tillery@greensboro-nc.gov 3. Applicant Information (if different from owner) 3a. Name: Blake Strumbel 3b. Business Name: City of Greensboro 3c.Address Street Address PO Box 3136 Address Line 2 city Greensboro Postal / Zip Code 27402 3d. Telephone Number: (336)373-7665 3f. Email Address:* Blake.strumbel@greensboro-nc.gov 4. Agent/Consultant (if applicable) 4a. Name: Cindy Lancaster 4b. Business Name: LJB Engineering PC 4c.Address Street Address 311 S Main St Address Line 2 Suite A City Kernersville Postal / Zip Code 27284 4d. Telephone Number: (336)967-7052 4f. Email Address: clancaster@ljbinc.com C. Proiect Information and Prior Proiect History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Greensboro State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country US 4e. Fax Number: 2. Project Identification 2a. Property Identification Number: 7864085533/7854894604 2b. Property size: 28.8 ac + 50.2 ac total property 2c. Project Address Street Address 501 & 601 Benjamin Parkway Address Line 2 city Greensboro Postal / Zip Code 27408 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" North Buffalo Creek 3b. Water Resources Classification of nearest receiving water:' WS-V: NSW 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. 030300020105 4. Project Description and History State / Province / Region NC 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: " Sites are within Lake Daniel Park; the park is mostly mowed grass and various amenities 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: over 6700 Lf. along North Buffalo Creek 4h. Explain the purpose of the proposed project: Purpose of the proposed project is to stabilize a reach of stream that is severely eroded and repair an eroded bank at a pedestrian bridge. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * One part of the project involves the bank stabilization of over 350 linear feet of North Buffalo Creek. Transmission towers and electrical wires overhang the creek's floodplain. To accomplish the bank stabilization project in the transmission tower easement, stabilization work will include the construction of single arm boulder vanes, boulder toe bank stabilization, a vegetated geolift, and non -woody vegetation planted on the sloped banks. Construction of the stabilization features shall be completed in the dry and a typical pump around system shall be used to achieve this. At the conclusion of construction all distributed areas shall be planted and seeded to ensure a healthy stand of vegetation. The other part of the project further upstream on N. Buffalo involves repair of an eroded streambank that is threatening the abutment and pier support for a pedestrian bridge in Lake Daniel Park. The proposed repair will utilize gabion baskets built around the abutment and along the toe of the eroded bank. Upper stream bank will be protected with riprap at the bridge and built with vegetated geolifts in other areas where slopes will be steeper than 3:1. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Comments: For the bridge area project, notification of Jurisdictional Determination completed on August 6th, 2020 is attached (2020-01216 PJD Tearsheet). Soils & USGS maps can be found in the uploaded PJD draft letters for both sites. 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-2020-01216 (for footbridge area) 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Preston Butler Agency/Consultant Company: Carolina Ecosystems Other: 9 Unknown 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? This is not a phased project. However, stream channel repairs at these two sites and one other will be done under construction contract. The other site is repair of a concrete channel on Ryan Creek which will be done under NWP 3 and does not require a PCN submittal (plans are combined with the streambank repair at the footbridge). D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries p Buffers Open Waters Pond Construction 3. Stream Impacts IO& F I 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* S1 Bank stabilization Temporary Bank Stabilization J North Buffalo Creek Perennial Both 36 370 Average (feet) (linear feet) g2 Bank repair Permanent Bank Stabilization J North Buffalo Creek Perennial Both 36 46 Aveage (feet) (linear feet) S3 Bank repair Temporary Bank Stabilization J North Buffalo Creek Perennial Both 36 22 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 46 392 3i. Total stream and ditch impacts: 438 3j. Comments: See Sheet E3 in Construction Plan Set for North Buffalo Bank Stabilization for S1 impact. For S2, 46 I.f. of the streambank will have exposed gabions, with some of that reach also having riprap upper banks. The additional S3 impacts are for grading and keying -in gabion wall. 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 Bank Stabilization/Grading T North Buffalo Creek No 17,937 5,217 Bank Repair/Protection P North Buffalo Creek No 80 0 Bank Repair/Grading T North Buffalo Creek No 2,115 922 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 20,052.00 6,139.00 Zone 1 Zone 2 Total Permanent impacts: 80.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 20,132.00 6,139.00 6i. Comments: See Sheet E3 in Bank Stabilization Construction Plan Set. See Streambank Repair plans for grading and riprap areas. E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Natural channel design measures used for bank stabilization. Gabions for streambank repair limited to less than 50 I.f. in bridge area -- can be installed without major equipment within the stream. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Minimal equipment within the stream and/or relatively small equipment specifically used for stream channel work and designed to minimize impact/damages. 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: Within permitted impact limits. 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 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: Stream bank stabilization projects only -- no SMP required. EC permit to be obtained from State. 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. Project is within a municipal park. Stream bank stabilization will not impact future 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? iPAC, report attached (Raleigh Ecological Services Field Office_ NBC_BankStabilization) 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? iPAC https://www.fisheries. noaa.gov/resource/map/essential-fish-habitat-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? The project occurs within the "Lake Daniel Historic District" http://gis.ncdcr.gov/hpoweb/ but will not impact historic or cultural resources. 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: Floodplain development permit to be issued by City of Greensboro based on No -Rise Certification re: flood impacts 8c. What source(s) did you use to make the floodplain determination? FRIS website 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 NBC_Tower_PJD_Draft.pdf 4.79MB N Buffalo Agent Authorization.pdf 17.77KB KBE_NBC_Transmission_100 % _062223-sealed.pdf 11.54MB 2020-01216 PJD Tearsheet.pdf 781.29KB North —Buffalo _Creek _&_ Ryan _Creek_Streambank_Stabilization_Plan_Set. pdf 14.81 MB Raleigh Ecological Services Field Office_ NBC_BankStabilization.pdf 775.66KB NBC_Footbridge_PJD_Draft.pdf File must be PDF or KMZ 4.48MB 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: Cynthia C. Lancaster Signature Date 6/24/2023