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HomeMy WebLinkAbout20231368 Ver 1_ePCN Application_20231005DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 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: 7/17/2023 Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned 20231368 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 1a. Name of project: Nash County Miracle Park 1a. Who is the Primary Contact?* Jeff Harbour 1b. Primary Contact Email: * jeff.harbour@terracon.com Date Submitted 10/5/2023 Nearest Body of Water Big Branch Basin Tar -Pamlico Water Classification WS-IV;NSW,CA Site Coordinates Latitude: 35.8728 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Nash Longitude: -77.9428 Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Joseph Myers:joseph.myers 1c. Primary Contact Phone: * (919)805-4208 $570.00 $767.00 0- Is this a NCDMS Project Yes No 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: 42 - Recreation Facility 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: Nash County 2b. Deed book and page no.: 2c. Contact Person: Stacie Shatzer 2d. Address Street Address 120 W. Washington Street Address Line 2 Suite 2004 city Nashville Postal / Zip Code 27856 2e. Telephone Number: (252)462-2613 2g. Email Address:* stacie.shatzer@nashcountync.gov 4. Agent/Consultant (if applicable) 4a. Name: Jeff Harbour 4b. Business Name: Terracon 4c.Address Street Address 2401 Brentwood Road Address Line 2 Suite 107 city Raleigh Postal / Zip Code 27604 4d. Telephone Number: (919)805-4208 4f. Email Address:* jeff.harbour@terracon.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Nashville 2. Project Identification 2a. Property Identification Number: 3717-0024-7759 2c. Project Address Street Address 3471 Joyner Road Address Line 2 City Elm City Postal / Zip Code 27822 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Big Branch 3b. Water Resources Classification of nearest receiving water:" WS-IV;NSW,CA State / Province / Region NC Country us 2f. Fax Number: State / Province / Region NC Country us 4e. Fax Number: 2b. Property size: 45.9 State / Province / Region NC Country us L 3c. What river basin(s) is your project located in?* Tar -Pamlico 3d. Please provide the 12-digit HUC in which the project is located. 03020101 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 site is comprised of a partially developed athletic complex known as Nash Miracle Park, consisting of ballfields, open space, walking trails, etc. Surrounding land use is mainly residential with agriculture fields scattered throughout. 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: 0.5 4g. List the total estimated linear feet of all existing streams on the property: 100 4h. Explain the purpose of the proposed project: * Purpose of the project is to construct a walking trail throughout the park. A portion of this trail will cross a small wetland area that is adjacent to a man-made pond. The county does not have the funding for a boardwalk across the wetland and the current plans show crossing the wetland with a screenings walking trail and 3-15' pipes with a concrete headwall on either side of the greenway. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The current plans show crossing the wetland with a screenings walking trail and 3-15" pipes with a concrete headwall on either side of the greenway. The trail will be 6 feet wide and will permanently impact 0.009 acre of headwater forest wetland. Temporary wetland impacts totaling 0.007 acre will occur adjacent to the permanent impact as a result of the clearing and grading of the wetland to accommodate the trail. The area will be allowed to revert to a vegetated wetland. Typical construction equipment will be utilized for the construction of the trail 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O 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): Jeff Harbour Agency/Consultant Company: Terracon 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 Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason M 2b. Impact type* M 2c. Type of W. * 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * ?) 2g. Impact area Walking Trail Crossing P Headwater Forest WHB Yes Both 0.009 (acres) Walking Trail Crossing T Headwater Forest WHB Yes Both 0.007 (acres) 2g. Total Temporary Wetland Impact 0.007 2g. Total Wetland Impact 0.016 2g. Total Permanent Wetland Impact 0.009 2i. Comments: wetland impact from a walking trail crossing that will utilize 3 -15" ductile iron pipes to maintain hydrology. Headwalls are also proposed to minimize the footprint of the impact E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The trail is crossing the wetland at a narrow location to minimize impacts. Headwalls are also being used to minimize impacts 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: ESC measures will be employed to minimize impacts from construction. Headwalls are also being used to minimize impacts. Heavy equipment will not be used inside the wetland to prevent ground disturbance. 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 do not exceed mitigation thresholds 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 If no, explain why: No onsite features are subject to a riparian buffer per a prior buffer determination conducted for Nash County NBRRO#17-056. Although the buffer letter has expired, site conditions remain the same. 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: * Project appears to meets minimum criteria under SEPA 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 O 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. The construction of the trail is not viewed as a driver for additional 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? The impact area does not provide potential habitat for any of the species listed as Endangered, Threatened by USFWS. The proposed project should have No Effect on the federal 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? 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? http://gis.ncdcr.gov/hpoweb/ 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 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 Nash Miracle Park permit drawings.pdf 15.24MB 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: Jeff Harbour Signature o7eW tA-t Date 10/5/2023 0