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HomeMy WebLinkAbout20231228 Ver 1_ePCN Application_20230906DWR 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: 6/6/2023 BIMS # Assigned 20231228 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 la. Name of project: Kennebec and Maude Stewart Waterline Extension 1a. Who is the Primary Contact?* Kayla Bivens 1b. Primary Contact Email: * kbivens@ hazena ndsawyer. com Date Submitted 9/6/2023 Nearest Body of Water Black Creek Basin Neuse Water Classification B; NOW Site Coordinates Latitude: 35.558125 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: -78.739652 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone: * (540)797-1636 a 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 58 - Utility Line Activities for Water and Other Substances (frequently used) 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 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 401 Water Quality Certification - Express Riparian Buffer Authorization 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: Town of Fuquay-Varina 2b. Deed book and page no.: per encroachment agreement with NCDOT 2c. Contact Person: Michael Wagner 2d.Address Street Address 1415 Holland Road Address Line 2 city State / Province / Region Fuquay-Varina NC Postal / Zip Code Country 27526 United States Yes No Yes No 2e. Telephone Number: (919)567-3911 2g. Email Address:' mwagner@fuquay-varina.org 4. Agent/Consultant (if applicable) 4a. Name: Kayla Bivens 4b. Business Name: Hazen and Sawyer 4c. Address Street Address 4011 Westchase Blvd, Suite 500 Address Line 2 City Raleigh Postal / Zip Code 27607 4d. Telephone Number: (540)797-1636 4f. Email Address:"` kbivens@hazenandsawyer.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Fuquay-Varina 2. Project Identification 2a. Property Identification Number: Public right-of-way 2c. Project Address Street Address Utility corridor along Kennebec and Maude Stewart Road Address Line 2 City Fuquay-Varina Postal / Zip Code 27526 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Black Creek 3b. Water Resources Classification of nearest receiving water: B; NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011201 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country United States 4e. Fax Number: 2b. Property size: 5 State / Province / Region NC Country United States 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: Please refer to the attached Additional Information section. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown a 4f. List the total estimated acreage of all existing wetlands on the property: 0.02 4g. List the total estimated linear feet of all existing streams on the property: 80 4h. Explain the purpose of the proposed project:" Please refer to the attached Additional Information section. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Please refer to the attached Additional Information section. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Unknown Comments: 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): Kayla Bivens and Keven Arrance Agency/Consultant Company: Hazen and Sawyer 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 n Buffers Open Waters Pond Construction 2. Wetland Impacts u 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 2g. Impact area WA Pipe crossing 1. L ffNCWAM TYPES W17 L Both 0.018 acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.018 0.000 2g. Total Wetland Impact 0.018 2i. Comments: Please refer to the attached Additional Information section. 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* :]��name* �3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Pipe crossing 1. Temporary Excavation SA - UT2 to Black Creek Intermittent Both Average (feet) 15 (linear feet) S2 Pipe crossing 2. Temporary Excavation SB - UT3 to Black Creek Intermittent Both Average (feet) 20 (linear feet) fl Pipe crossing 3. Temporary Excavation SC - UT2 to Little Black Creek Perennial Both 37 Aveage (feet) 40 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3L Total permanent stream impacts: 31. Total temporary stream impacts: 0 75 31. Total stream and ditch impacts: 75 3j. Comments 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 11 6c. Per or Temp 6d. Stream name Be.Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact 131 - Pipe crossing T UT1 to Black Creek No 811 1,664 B2 - Pipe crossing T UT3 to Black Creek No 933 623 133 - Tree clearing P UT3 to Black Creek No 249 185 B4 - Pipe crossing T UT1 to Little Black Creek No 1,191 782 B5 - Pipe crossing T UT2 to Little Black Creek No 1,837 1,364 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 4,772.00 4,433.00 Zone 1 Zone 2 Total Permanent impacts: 249.00 185.00 Zone 1 Zone 2 Total combined buffer impacts: 5,021.00 4,618.00 6i. Comments: 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: Please refer to the attached Additional Information section. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Please refer to the attached Additional Information section. 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 impacts are below the threshold at which mitigation is required. 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: 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 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:* The project does not meet the minimum criteria to trigger the preparation of a SEPA document. The project does not involve funds, federal lands, or federal agency involvement other than USACE authorization under Section 404 of the Clean Water Act. 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. Please refer to the attached Additional Information section. 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 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? Hazen biologist requested an unofficial species list from FWS via the IPaC tool on August 14, 2023. A copy of the unofficial IPaC resource list is attached for reference. Please refer to the attached Additional Information section for further details on federally listed species. 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? Hazen reviewed the Essential Fish Habitat mapper for the Mid -Atlantic region provided through NOAA Fisheries website to determine potential impacts to Essential Fish Habitat anticipated by the proposed project. 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?" Please refer to the attached Additional Information section. 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: The proposed project is within a FEMA-designated 100-year floodplain according to North Carolina's FEMA GIS data reviewed by Hazen. However, no structures that would alter the 100-year floodplain are proposed. 8c. What source(s) did you use to make the floodplain determination?" North Carolina's FEMA GIS data, panel number 3720067600K and 3720067500K, effective date 7/19/2022 and 10/3/2006, respectively. Miscellaneous t^ 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 dreg and drop files here to attach document Compiled_PCN Attachments.pdf 37.74MB 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: Kayla Bivens Signature r/C-tart ffmwd a Date 9/6/2023