20231293 Ver 1_ePCN Application_20230919

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:
4/6/2023
BIMS # Assigned
20231293
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Stream Restoration - 122 Nottingham Drive
1a. Who is the Primary Contact?*
Daniel Stevens
1b. Primary Contact Email: *
[e-mail]
Date Submitted
9/19/2023
Nearest Body of Water
Unnamed tributary to Tracy Branch
Basin
Cape Fear
Water Classification
WS-IV:NSW
Site Coordinates
Latitude:
35.93021
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Orange
Is this a NCDMS Project
Yes No
Longitude:
79.00519
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joseph Myers:joseph.myers
1c. Primary Contact Phone: *
[phone]
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
29 - Residential 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
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 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:
Daniel Ross Stevens, Lara Ann Crissey
2b. Deed book and page no.:
bk. 6758 pg. 1935
2c. Contact Person:
2d.Address
Street Address
122 Nottingham Drive
Address Line 2
city
Chapel Hill
Postal / Zip Code
27517
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
Orange
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Oaks II
1c. Nearest municipality / town:
Chapel Hill
2. Project Identification
2a. Property Identification Number:
9799834420
2c. Project Address
Street Address
122 Nottingham Drive
Address Line 2
City
Chapel Hill
Postal / Zip Code
27517
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Unnamed tributary to Tracy Branch
3b. Water Resources Classification of nearest receiving water:
WS-IV:NSW
3c. What river basin(s) is your project located in?*
Cape Fear
2f. Fax Number:
2b. Property size:
0.96
State / Province / Region
NC
Country
Orange
3d. Please provide the 12-digit HUC in which the project is located.
030300020603
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 original stream path on the site was diverted during an OWASA construction project many years ago resulting in a new stream bed path that has undergone deep bed erosion
(approximately 3 feet) which has also significantly escalated in the last three years. The stream is also attempting to revert to its original path resulting in excessive erosion and sediment
development. In addition, the deep bed erosion and widening of the diverted stream path is now endangering several old growth large trees.
The land where the project is planned is currently part of a maintained residential single household property located in the Town of Chapel Hill and zoned as R-1A. The area adjacent to the
stream bed has been maintained with grass and light ground cover on an ongoing basis dating back to 1985 when the first residents took ownership. The surrounding properties to the
proposed project property are comprised of single-family residential properties to the North, West and East. The South property boundary is zoned as R-1 and maintained by the Chapel
Hill Country Club where the stream is piped underground at the 5th hole fairway.
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:
270
4h. Explain the purpose of the proposed project:
To restore the stream to its original path, eliminating the deep bed erosion and sediment development and preserving the old growth trees.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
A 95-foot section of restored stream bed will be prepared beginning at its downstream point and working towards the upstream point using a "mini" light duty excavator to move bulk
material. The stream bed excavation material will be staged for use to fill in the existing 95-foot channel section. The staged material will be covered and surrounded with pine straw bales
to prevent sediment runoff if rain occurs during excavation. The banks of the new stream bed will be prepared and stabilized with plantings and jute as per site drawings. The new stream
bed channel will be opened, and the old stream bed will channel entrance will be closed and the stream bed will be filled with the removed soil. Additional fill material will be supplied as
needed to bring the old stream channel up to existing ground level. Once filled the old stream channel and any disturbed areas will be planted with native grass and covered in straw to
prevent any future erosion. The project is expected to take approximately 5 days from ground break until completion.
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5. Jurisdictional Determinations

5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Unknown
Comments:
Perennial Stream Determination by Town of Chapel Hill
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): Jean Gibby
Agency/Consultant Company: U.S. Army Corps of Engineers
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
March 2, 2023 Site Visit (Jean Gibby, Julia Tillery)
March 31, 2023 E-mail w/preliminary Corp determination and recommendations (Jean Gibby)
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
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
S1
Restoration 7�ff�]
Relocation 7
1
Perennial
Both
12
Average (feel)
95
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
95 0
3i. Total stream and ditch impacts:
95
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
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Stream Restoration
T
UT
No
3,880
320
6h. Total buffer impacts:

Zone 1 Zone 2
Total Temporary impacts: 3,880.00 320.00
Zone 1 Zone 2
Total Permanent impacts: 0.00 0.00
Zone 1 Zone 2
Total combined buffer impacts: 3,880.00 320.00
6i. Comments:
Buffer impact calculations based on boundary and location of stream restoration linear footage and location.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The OWASA access road on the left side of the stream and the property maintenance road on the right side of the stream will be used to delivery
materials and light equipment to the area to minimize disturbance to areas not regularly subjected to light equipment traffic.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The project window will be selected to occur during a period of 0 % forecast for rain to minimize sediment impact and ground disturbance.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
e
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:
On -site meeting with Corps did not indicate the need for Compensatory Mitigation. Project is well below DWR threshold of 300 linear feet of perennial stream.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
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
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:
The stream on 122 Nottingham is located between a street culvert pair (2@ 44"DIA) and the Chapel Hill Country Club culvert pair (CHCC) (1@ 41" DIA and 1 @ 18" DIA ).The cross -
sectional flow area of the street supply side is 21 sgft and the CHCC cross -sectional flow area is 11 sgft. The restoration area is being designed at 11.9sgft to allow any stormwater flow
exceeding the 11sgft CHCC culvert pair to be handled as dispersed flow (as it currently is with the existing stream channel). Once the CHCC culvert pair flow limit is reached the water
level at the CHCC culvert pair inlet begins pooling until it rises approximately 6-8" and then the additional stormwater runs on the surface over the 5th fairway at the original natural
drainage location.
G. Supplementary Information O
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
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 will improve water quality by reducing erosion and downstream sediment deposition.
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?
Reviewed Stream Determination Report 1/25/2019 and reviewed USFWS website endangered species list.
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 Fisheries Website
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 Property Records Website
NC Historic Website
NC.gov Archeological Website
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 Website Flood Map
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
Site Plan.pdf
241.49KB
Restoration Detail.pdf
438.8KB
USGS Map.pdf
347.41KB
Soil Map.pdf
270.16KB
Vicinity Map.pdf
222.09KB
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:
Daniel Stevens
Signature
rY�?N/!I�CfYd"NQ
Date
9/19/2023
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