HomeMy WebLinkAbout20231447 Ver 1_ePCN Application_20231023DWR
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:
9/18/2023
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 *
Version# *
20231447
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - (919) 791-4200
Zachary Thomas:zachary.thomas
Information for Initial Review
la. Name of project:
James Street Sewer Extension
1a. Who is the Primary Contact?*
Matthew Reker
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
matthew.reker@apexnc.org (919)372-7505
Date Submitted
10/23/2023
Nearest Body of Water
UT - Middle Creek
Basin
Neuse
Water Classification
C;NSW
Site Coordinates
Latitude: Longitude:
35.72176-78.84115
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
O
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: 58 - Utility Line Activities for Water and Other Substances (frequently used)
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:
Town of Apex (easement only)
2b. Deed book and page no.:
2c. Contact Person:
Marty Stone
2d. Address
Street Address
105-B Upchurch Street
Address Line 2
City
Apex
Postal / Zip Code
27502
2e. Telephone Number:
(919)249-3353
2g. Email Address:*
marty.stone@apexnc.org
4. Agent/Consultant (if applicable)
4a. Name:
Ashley Bentz
4b. Business Name:
S&ME, Inc.
4c. Address
Street Address
3201 Spring Forest Road
Address Line 2
city
Raleigh
Postal / Zip Code
27616
4d. Telephone Number:
(919)896-0758
4f. Email Address:*
abentz@smeinc.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Apex
2. Project Identification
2a. Property Identification Number:
0741775014
2c. Project Address
Street Address
James Street and Markham Street
Address Line 2
City
Apex
Postal / Zip Code
27502
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT - Middle Creek
3b. Water Resources Classification of nearest receiving water:
C;NSW
3c. What river basins) is your project located it *
Neuse
State / Province / Region
NC
Country
US
2f. Fax Number:
State / Province / Region
NC
Country
US
4e. Fax Number:
2b. Property size:
24.43
State / Province / Region
NC
Country
US
3d. Please provide the 12-digit HUC in which the project is located.
030202010901
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 project site is an undeveloped and forested parcel bordered by residential development. A stream borders the western boundary of the site. The greater vicinity has a mixture of uses
including commercial, institutional, and residential with some open space or forested areas.
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:
0.32
4g. List the total estimated linear feet of all existing streams on the property:
668
4h. Explain the purpose of the proposed project:*
This project involves the installation of a sewer line and roadwork on the adjacent James Street. During planning for the roadwork improvements, it was determined that the existing gravity
sewer under and adjacent to the pavement in this area would need to be relocated in order to complete the roadway improvements. Further investigations determined that the existing
gravity sewer needed to be replaced due to its current condition. By rerouting the existing gravity sewer system, the Town is able to not only install a more optimal gravity outfall, but
complete much needed roadway improvements to James Street.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The James Sewer and Street Improvements Project consists of installation of approximately 893 LF of 8" PVC sewer -line, 30 LF of 8" DIP sewer -line, as well as asphalt pavement and
concrete work along James Street. Construction will be performed by standard commercial construction equipment. No specialized equipment not regularly seen on commercial projects is
anticipated.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Q Unknown
Comments:
On site jurisdictional features delineated Jan. 2021 by Walter Cole of S&ME
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): Walter Cole
Agency/Consultant Company: S&ME
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?
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
L
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
(?)
2g. Impact
area *
W1
utility line
P
Bottomland Hardwood Forest _]
W1
Yes
Corps
]
0.014
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.014
2g. Total Wetland Impact
0.014
2i. Comments:
Wetland impacts will be limited to those necessary for the permanent maintenance corridor for the proposed sewer line. The proposed maintenance
corridor will be maintained as herbaceous and will therefore result in a permanent, no net loss impact totaling 600.5 sq ft (0.0138 ac).
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
Allowable Upon Authorization with Mitigation
P
S1
Yes
3,680
0
Deemed Allowable
T
S1
No
0
15,541
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 15,541.00
Zone 1
Zone 2
Total Permanent impacts: 3,680.00
0.00
Zone 1
Zone 2
Total combined buffer impacts: 3,680.00
15,541.00
6i. Comments:
Impacts within Zone 2 will be temporary. This area will be cleared during construction while the sewer line is installed and allowed to regrow herbaceous
vegetation post construction. These impacts will total 15,541 sq ft and are deemed allowable. Impacts within Zone 1 will be permanent. These impacts
will be the result of clearing during construction and the permanent maintenance corridor that will consist of maintained herbaceous vegetation post
construction. These impacts will total 3,680 sq ft and are deemed allowable upon authorization with mitigation.
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 proposed area to be cleared has been minimized as much as practicable in the design of the project. The location of the proposed sewer line was
selected as a result of the elevations needed for proper operation of the sewer line. The proposed maintenance corridor was placed as high in the
landscape and out of the riparian buffer as possible. Appropriate sediment and erosion control practices equaling those outlined in the most recent
version of the "North Carolina Sediment and Erosion Control Planning and Design Manual' will be used to minimize impacts to the wetlands, riparian
buffers, and adjacent stream.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Specific attention will be paid to ensure grading is only performed to the extent needed for the proposed project and all grading not required will be
avoided. Additional impacts to the jurisdictional features will be avoided through the use of appropriate sediment and erosion control devices.
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:
Impact quantities do not meet thresholds commonly requiring mitigation.
6b. If yes, then identify the square feet of impact.
6c. Reason for impact
6d. Total impact (square �ru
feet)
ltiplier
6e. Required mitigation
(square feet)
Zone 1
Non -perpendicular sewer line
3,680
I
7,360
L
Zone 2
0 0
6f. Total buffer mitigation required
7360
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
SOA attached for buffer mitigation from RES, a private mitigation bank.
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
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:
Project will not generate impervious surface and will not require a stormwater management plan.
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
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 thresholds to require preparation of an environmental document pursuant to the requirements of the National or State
Environmental Policy 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.
Project is designed to meet existing needs for sewer upgrades.
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 NC Natural Heritage Program online data explorer (https://www.ncnhp.org/data) and US Fish and Wildlife Service Information for Planning and
Consultation (IPaC) report. No critical habitat was identified within the site and no element occurrences of protected species have been observed within
the site or within one mile of the site.
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?
The USFWS IPaC report and the National Marine Fisheries Service Essential Fish Habitat Mapper
(hftps://www.habitat.noaa.gov/protection/efh/efhmapper/)
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 North Carolina State Historic Preservation Office web mapping tool HPOWEB (https://www.ncdcr.gov/about/history/division-historical-resources/gis-
maps-and-data)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
Be. What source(s) did you use to make the floodplain determination? *
The project engineer and the FEMA firm map 3720074100J, dated May 2, 2006. The FEMA firmette is attached.
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
Attachments.pdf 7MB
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:
Ashley Bentz
Signature
Gfat/�f�riz
Date
10/23/2023