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HomeMy WebLinkAbout20230966 Ver 1_ePCN Application_20230705DW 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: 2/7/2023 BIMS # Assigned 20230966 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Harrisburg YMCA 1a. Who is the Primary Contact?* Jamie Morgan 1b. Primary Contact Email: * jmorgan@rowcabymca.org Date Submitted 7/5/2023 Nearest Body of Water Back Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.316917 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Cabarrus Is this a NCDMS Project Yes No Longitude: -80.662069 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:andrew.pitner@ncdenr.gov 1c. Primary Contact Phone:* (704)216-9622 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: 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 39 - Commercial/Institutional Developments 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 fig. 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: Town of Harrisburg 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: Rob Denham, Town Manager 2d. Address Street Address 4100 Main Street Address Line 2 Suite 101 City Stale / Province / Region Harrisburg NC Postal/Zip Code Country 28075 USA Yes No Yes No 2e. Telephone Number: (704)455-5614 2g. Email Address:* rdonham@harrisburgnc.org 3. Applicant Information (if different from owner) 3a. Name: Jamie Morgan, President & CEO 3b. Business Name: Rowan-Cabarrus YMCA 3c.Address Street Address 215 Guffy Street Address Line 2 City Salisbury Postal / Zip Code 28147 3d. Telephone Number: (704)216-9622 3f. Email Address:"` jmorgan@rowcabymca.org 4. Agent/Consultant (if applicable) 4a. Name: Jesse Degnan, PWS 4b. Business Name: ECS Southeast 4c.Address Street Address 1812 Center Park Drive Address Line 2 Suite D city Charlotte Postal / Zip Code 28217 4d. Telephone Number: (704)339-9002 4f. Email Address:* jdegnan@ecslimited.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Harrisburg 2. Project Identification 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2a. Property Identification Number: 5507346087000, 5507443477000, 2b. Property size: 550754621600 74 Q 2c. Project Address Street Address Address Line 2 City State / Province / Region Harrisburg NC Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Back Creek 3b. Water Resources Classification of nearest receiving water:" C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050301 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 subject property is approximately 74 acres and consists of an existing park, roadways, and undeveloped woodlands. Surrounding properties consist of undeveloped woodlands and commercial properties. 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: 0.96 4g. List the total estimated linear feet of all existing streams on the property: 1,521 4h. Explain the purpose of the proposed project:" The purpose of the project is to construct a new YMCA facility to serve the residents of the Town of Harrisburg and surrounding areas. The facility will host numerous community programs; summer camps, sport tournaments, after school care, etc. The proposed development is located adjacent to the newly constructed Harrisburg Park, which was an important factor during the siting process, as the YMCA facility will best serve the community being close to a community center like Harrisburg Park. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Stream 1 divides the site and separates access from Harrisburg Park to the proposed YMCA facility. The proposed emergency access connecting to the northern -adjacent industrial property is through private property and is not permitted to be used as the main entry point to the site. There are no other viable access locations from public rights -of -way to the proposed YMCA site. Therefore, the only feasible way of providing access from Harrisburg Park to the proposed YMCA facility is via construction of a road crossing over Stream 1. The construction access to the site will be routed through the industrial property until the proposed crossing is complete. No temporary stream crossings will be necessary. A bottomless crossing or bridge is not feasible due to cost constraints. Proposed stream and wetland impacts have been minimized to the greatest extent practicable considering the budget constraints of the proposed non-profit development. The development will be constructed via standard construction procedures. Proper erosion and sediment control measures will be utilized and maintained throughout the project. Typical materials and machinery will be used on -site during the construction process. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O Unknown Comments: PJD Issued (SAW-2018-01653) 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-2018-01653 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: ECS Southeast Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 10/17/2018 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 a single and complete project. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 2. Wetland Impacts U Wetland 1 2al Reason (?) Grading 2b. Impact type* (?) P 2c. Type of W. Headwater Forest 2d. W. name Wetland 1 2e. Forested* Yes 2f. Type of Jurisdicition" (?) Both 29• Impact area 0.003 (acres) Wetland 1 Clearing f Headwater Forest Wetland 1 Yes Both 0.004 (acres) 2g. Total Temporary Wetland Impact 0.004 2g. Total Wetland Impact 0.007 2g. Total Permanent Wetland Impact 0.003 21. Comments: Proposed temporary wetland impacts are unavoidable and necessary to provide room at the toe of slope for the fill slope to be worked on. 3. Stream Impacts F 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 Road Crossing 1 Permanent Culvert Stream 1 Perennial Both 3 97 Average (feet) (linear feet) g2 Road Crossing 1 Permanent Rip Rap Fill Stream 1 Perennial Both 53 Aveage (feet) (linear feet) S3 Road Crossing 1 Temporary Other Stream 1 Perennial Both 22 Average (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 150 22 3i. Total stream and ditch impacts: 172 3j. Comments: Temporary stream impacts are proposed to provide construction dewatering and clean water bypass measures. All impacts have been minimized while also providing sufficient space for appropriate erosion and sediment control measures. 0.009 acre of permanent stream impact is proposed for the placement of rip rap. All rip rap will be keyed into the stream and, therefore, was not calculated as mitigatable impact. 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 project has been planned and engineered to avoid wetland and waterbody impacts to the greatest extent practicable. Where avoidance was not feasible, proposed impacts were minimized during the siting, planning, and engineering phases of the project. The road crossing will be constructed at as close to a 90 degree angle as possible. The original stream crossing design proposed a culvert length exceeding 120 LF. The roadway longitudinal slope was increased, the roadway cross section was reduced, embankment fill slopes were steepened, and taller headwalls will be designed in order to reduce the permanent culvert length to less than 100 LF. Permanent stream impacts were reduced from 160 LF to approximately 150 LF. Permanent wetland impacts were reduced from —700 SF to —126 SF. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The development will be constructed via standard construction procedures. Appropriate construction techniques will be used, and erosion control measures will be implemented accordingly to minimize potential sedimentation and other potential project -related impacts. Efforts will be made throughout all construction phases to minimize the extent and duration of project -related disturbances to water resources. Temporary stream impacts will be minimized using industry standard techniques such as temporary dam and bypass pump, limited excavation, and backfilling with native material. 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: Proposed permanent impacts associated with the road crossing include 0.026 acre (150LF) of permanent stream impact for culvert and rip rap installation and 0.003 acre of permanent wetland impact. 0.009 acre (22LF) of the proposed permanent stream impact total (0.026 acre) is for the placement of rip rap. All rip rap will be keyed into the stream and, therefore, was not calculated as mitigatable impact. 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: NC Riparian Buffer Protection Rules have not been established for the Yadkin Pee Dee 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Town of Harrisburg Comments: Runoff from the proposed development will be treated by a proposed wet pond on -site. Overtreatment and over -detention in the proposed wet pond and the existing wet pond on the Harrisburg Park site will result in no adverse impact on the receiving streams. The wet ponds will provide water quality treatment as well as runoff quantity control to reduce downstream erosive potential of the development's runoff. 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 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 8 a 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 is a single and complete project. This project is not part of a larger planned development. The proposed infrastructure and associated stream impacts will be constructed in a single phase. Individual buildings may be constructed in phases or all at once. No further impacts are anticipated beyond what is included in this initial phase. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?" Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Waste water will be handled by the Town of Harrisburg. 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. Asheville 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? IPaC and consultation with the USFWS and NC NHP. Responses from the USFWS and NC NHP are attached. 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 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?" NC HPO database and consultation with the SHPO. Response letter from the SHPO is attached. 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? FEMA Floodplain Mapper 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 1. Prefile.pdf 69.94KB PJD Harrisburg Park.pdf 542.24KB Exhibits.pdf 4.45MB Property Cards.pdf 440.75KB USFWS.pdf 153.44KB NHP.pdf 900.61 KB SHPO.pdf 152.44KB 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: Jesse Degnan Signature Date 7/5/2023 O