20231596 Ver 1_ePCN Application_20231121

DW R
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:
9/20/2023
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
20231596
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
1a. Name of project:
Town of Cary Dredging Project at Symphony Lake
1a. Who is the Primary Contact?*
Nancy Oberle
1b. Primary Contact Email: *
[e-mail]
Date Submitted
11/21/2023
Nearest Body of Water
Symphony Lake (Regency Lake)
Basin
Neuse
Water Classification
WS-11I;NSW
Site Coordinates
Latitude: Longitude:
35.727618-78.796624
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Version#*
1
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas
1c. Primary Contact Phone: *
[phone]
$570.00
$767.00
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: 03 - Maintenance
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 Cary, ATTN: Billy E. Lee
2b. Deed book and page no.:
2c. Contact Person:

2d. Address
Street Address
PO Box 8005
Address Line 2
city
Cary
Postal / Zip Code
27512-8005
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Nancy Oberle
4b. Business Name:
Three Oaks Engineering
4c.Address
Street Address
324 Blackwell Street, Suite 1200
Address Line 2
city
Durham
Postal / Zip Code
27701
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Cary
2. Project Identification
2a. Property Identification Number:
075108991875,076105094703
2c. Project Address
Street Address
13001 Regency Parkway
Address Line 2
city
Cary
Postal / Zip Code
27518
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Symphony Lake (Regency Lake)
3b. Water Resources Classification of nearest receiving water:
WS-III;NSW
3c. What river basins) is your project located it *
Neuse
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
27.6
State / Province / Region
NC
Country
USA

3d. Please provide the 12-digit HUC in which the project is located.
030202011001
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:
Symphony Lake (Regency Lake) is a man-made impoundment within the Town of Cary. It sits next to the Koka Booth Amphitheater off of Regency Parkway. The lake is approximately 27
acres in size and is mostly buffered by forest around most of its perimeter. The land use in the vicinity is made up of commercial and residential uses and some forested areas. The lake is
approximately 0.4 mile upstream of Swift Creek.
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:
2.38
4g. List the total estimated linear feet of all existing streams on the property:
363
4h. Explain the purpose of the proposed project:"
The purpose of the proposed project is to dredge Symphony Lake. The lake has filled with sediment, reducing the amount of water the lake can hold.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Crews will access the lake from the amphitheater using an existing greenway. An existing bridge along the greenway will be bypassed via a temporary stream crossing (the current bridge
cannot handle weight of equipment being used). A staging, stockpiling, and dewatering area next to the lake will require temporarily filling a portion of wetland on the northern side of the
lake. Dredged material will be transported off site to the South Cary Wastewater Treatment Plant for disposal in a decommissioned sludge lagoon.
Indirect impacts are not anticipated as a result of the proposed project.
Typical construction equipment, such as trucks, excavators, and dozers, will be used during the project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
Adam Efird, PWS, submitted PJD Package via email on 6/20/23
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-2023-01253
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Byron Levan
Agency/Consultant Company: Three Oaks Engineering
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
�J
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
2g. Impact
area *
ff:::]
Temporary Fill
T
Headwater Forest
WB
Yes
Both
0.260
(acres)

2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.260 0.000
2g. Total Wetland Impact
0.260
2i. Comments:
Temporary impact area will be cleared, then overlain with filter fabric. Dredged material will be placed on filter fabric temporarily and will ultimately be
moved to a disposal site. Filter fabric will be removed and wetland will be re -seeded with wetland seed mix once project is complete. If required, areas
will be live -staked with saplings of wetland species in the future.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name"
3e. Stream Type *
(?)
3f. Type of
Jurisdiction
3g. S. width
r3h.mpact
h*
g1
Temporary Crossing
Temporary
Fill J
T to Swift Creek
Perennial
Both
25
Averege (feet)
38
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
0 38
3i. Total stream and ditch impacts:
38
3j. Comments:
As noted in the attached permit drawings, the stream crossing will be designed by the contractor. The impacts to the stream and riparian buffers are
provided as a worst -case scenario. The crossing will be constructed in accordance with NCDOT requirements for temporary stream crossings. Upon
completion of construction, the contractor shall remove the stream crossing and restore disturbed areas, where required.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
Site 2
Dredging
T
Symphony Lake
Dredging
Lake
4.00
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
4.00 0.00
4g. Total open water impacts:
4.00
4h. Comments:
Dredging area is approximately 3.6 acres. The estimated volume of dredging materials is 12,400 cubic yards. The lake will be restored to its original
depth and contours. Dredged material will be temporarily placed on -site in a designated location, then moved to a permanent, upland disposal site.
Dredging will result in temporary turbidity within the lake; however, that will be entirely contained within the lake and not impact any downstream waters.
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
T
UT to Swift Creek
No
3,120
2,017
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 3,120.00 2,017.00
Zone 1 Zone 2
Total Permanent impacts: 0.00 0.00
Zone 1 Zone 2

Total combined buffer impacts: 3,120.00 2,017.00
6i. Comments:
Buffer impacts are associated with the temporary crossing of SA. Once the project is complete, the crossing will be removed and the buffer will be
replanted with a riparian seed mix and live -staked with native trees, where required.
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:
This project has been designed with as few crossings of jurisdictional features as possible. The crossing will be designed to minimize jurisdictional
impacts by avoiding features wherever possible. There will be impacts to the riparian buffer, which will be designed to cross the buffers perpendicularly,
so as to minimize impacts. All impacts are temporary, and impacted areas will be restored to pre -construction conditions once construction is complete.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion and sedimentation BMPs will be installed prior to construction. Construction has been sequenced and designed to avoid/minimize impacts by
locating temporary pump arounds away from features. Water will be diverted around the work area to prevent sedimentation of downstream aquatic
resources. A turbidity curtain will be installed downstream of dredging activities. Impacts will be minimized by strict enforcement of Best Management
Practices for the protection of surface waters, restrictions against the staging of equipment in or adjacent to waters of the US and coordination with
appropriate environmental staff.
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 to streams, wetlands, and riparian buffers have been minimized as much as possible. What impacts are expected are small but unavoidable. All impacts are temporary, and
impacted areas will be restored to pre -construction conditions once construction is complete.
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 INC 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:*
This project will not have any state or federal funding, as it is being funded by the Town of Cary. Therefore, no environmental document has been
prepared.
2. Violations (DWR Requirement)
O
O
n

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.
The project does not increase development or provide the opportunity for increased development. It is the dredging of an existing lake to provide
appropriate surface water storage.
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?
IPaC checked on 09/26/2023. Michaux's sumac survey completed on 8/1/23; no individuals present. Bald eagle checked on 3/15/23 and 8/1/23; no
individuals or nests present. Due to the projects location within Symphony Lake and the backwater area immediately upstream (with no downstream
impact occurring), it has been determined that no habitat is present for aquatic species (confirmed by Three Oaks' licensed aquatic biologists). Habitat is
present for tricolored bat; this species will be addressed for the project once the species is officially listed and its effective date has been established. Per
NCNHP, no known occurrences within 1.0 mile.
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 Essential Fish Habitat Mapper
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?"
HPOWEB 2.0 - General Audience
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 Flood Map Service Center

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
Symphony Lake Dredging - Permit Drawings.pdf
23.74MB
Symphony Lake_FILLABLE_ AGENT _ AUTHORIZATION_FORM_Signed.pdf
82.53KB
2023-11-9 Cary Symphony Lakes - ESC.pdf
1.77MB
TOC_Symphonyl-ake_PJD Package_06142023.pdf
4.11MB
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:
Nancy Oberle
Signature
r y`11.1'�rf r�GS�tI
Date
11/21/2023
0