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HomeMy WebLinkAbout20231624 Ver 1_ePCN Application_20231127i DWR 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. 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# * 20231624 1 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: Morgan Creek Interceptor Replacement 1a. Who is the Primary Contact? * Todd Taylor 1b. Primary Contact Email: * ttaylor@owasa.org Date Submitted 11/27/2023 Nearest Body of Water Morgan Creek Basin Cape Fear Water Classification WS-IV. NSW Site Coordinates Latitude: 35.893981 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: -76.033120 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Zachary Thomas:zachary.thomas 1c. Primary Contact Phone:* (919)537-4249 $570.00 $767.00 `I 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: 12 - Utility Lines NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization Individual 401 Water Quality Certification 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: State of North Carolina FBO UNC 2b. Deed book and page no.: 1313/536 2c. Contact Person: Sharon Myers 2d.Address Street Address 1120 Estes Drive Address Line 2 City State / Province / Region Chapel Hill NC Postal / Zip Code Country 27599-1650 USA 2e. Telephone Number: 2f. Fax Number: (919)962-5507 2g. Email Address:* samyers@ehs.unc.edu 3. Applicant Information (if different from owner) 3a. Name: Todd Taylor 3b. Business Name: Orange Water and Sewer Authority 3c.Address Street Address 400Jones Ferry Road Address Line 2 City State / Province / Region Can boro NC Postal / Zip Code Country 27510 USA 3d. Telephone Number: 3e. Fax Number: (919)537-4249 3f. Email Address: ttaylor@owasa.org 4. Agent/Consultant (if applicable) 4a. Name: Anna Reusche 4b. Business Name: TranSystems 4c.Address Street Address One Glenwood Avenue Address Line 2 Suite 600 City State / Province / Region Raleigh 27603 Postal / Zip Code Country NC USA 4d. Telephone Number: 4e. Fax Number: (919)816-7745 4f. Email Address: areusche@transystems.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Chapel Hill 2. Project Identification 2a. Property Identification Number: 2b. Property size: 9797082499 67 Q 2c. Project Address Street Address Off Morgan Cliffs Ct Address Line 2 City Chapel Hill Postal / Zip Code 27599 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Morgan Creek 3b. Water Resources Classification of nearest receiving water: WS-IV, NSW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020607 4. Project Description and History State / Province / Region NC Country USA 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: * Land use surrounding the project study area include the NC Botanical Gardens, the water treatment facility and single-family residential homes. The project study area includes the existing sewer easement along Morgan Creek. A dirt walking path is also present along Morgan Creek, within the study area. All other areas are forested and undisturbed. 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: 3,351 4h. Explain the purpose of the proposed project: The Orange Water and Sewer Authority (OWASA) proposes to replace approximately 2,000 linear feet of the Morgan Creek Interceptor, located adjacent to Morgan Creek, in Chapel Hill, Orange County, North Carolina. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project includes the replacement of approximately 2,000 linear feet of existing sewer line and manholes along Morgan Creek. The sewer line will be upsized from 24" to 30". Proposed stream crossings will be open cut with streambanks to be stabilized in those locations. Equipment that will be used to construct the proposed project includes track hoes, bulldozers, dump trucks, etc. 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: SAW-2022-01307 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Anna Reusche, PWS Agency/Consultant Company: TranSystems Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 11/14/2022 (USACE, desktop review performed by April Norton); 10/14/2022 (Town of Chapel Hill SW, Allison Weakley) 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 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type " 3c. Type of impact'" �3�name* ��3e. Stream Type * (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* St Sewer crossing Permanent Bank Stabilization Morgan Creek Perennial Both 60 Averege (feet) 56 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 56 3i. Total stream and ditch impacts: 56 3j. Comments: Installation via open cut and includes bank stabilization. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other 3i. Total temporary stream impacts: 0 Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone t impact 6g. Zone 2 impact B1 -Clearing T Morgan Creek No 0 108 62 - Maintenance Easement P Morgan Creek No 402 5,324 133 - Clearing T Morgan Creek No 1,943 1,958 B4 - Clearing T Morgan Creek No 186 0 B5 - Clearing T Morgan Creek No 0 202 B6 - Clearing T Morgan Creek No 0 222 137 - Maintenance Corridor P Morgan Creek No 0 10,540 138 - Clearing T Morgan Creek No 6,275 0 B9 - Maintenance Corridor P Morgan Creek No 6,980 0 B10 - Clearing T Morgan Creek No 0 174 B11 -Clearing T Morgan Creek No 0 79 612 - Clearing T Morgan Creek No 0 1,123 B13 - Clearing T Morgan Creek No 49 0 B14 - Clearing T Morgan Creek No 0 457 B15 - Maintenance Corridor P Morgan Creek No 922 0 B16 - Clearing T Morgan Creek No 394 0 B17 - Clearing T Morgan Creek No 464 325 B18 - Maintennce Corridor P Morgan Creek No 950 638 1319 - Clearing T Morgan Creek No 454 2,213 1320 - Maintenance Corridor P Morgan Creek No 1,243 14,023 B21 - Clearing T Morgan Creek No 0 535 622 - Clearing T Morgan Creek No 2,427 974 B23 - Clearing T Morgan Creek No 4,669 225 B24 - Maintenance Corridor P Morgan Creek No 2,352 0 225 - Clearing T Morgan Creek No 0 207 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 16,861.00 8,802.00 Zone 1 Zone 2 Total Permanent impacts: 12,849.00 30,525.00 Zone 1 Zone 2 Total combined buffer impacts: 29,710.00 39,327.00 61. Comments: See attached impact map and table. Note decimal places no longer accepted on PCN form. See email from DEQ included in attachments. E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Avoidance and minimization of impacts to protected and valued resources were incorporated throughout the design process. A detailed delineation of wetland and streams was initially performed to ensure the limitations of impacts to natural resources. As a result, proposed disturbance limits were shifted to avoid impacts, where possible. Several steps were taken during the planning stages of this project to substantially reduce and, in some cases, eliminate stream and riparian impacts 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All areas impacted by construction will be restored to original preconstruction grade elevation. Once grade is reestablished in the temporary impact areas, the restored areas will be seeded with appropriate native grasses as referenced in the Temporary and Permanent Seeding Specs published by the North Carolina Department of Environmental Quality. Woody vegetation will be allowed to re-establish naturally. Soil erosion during construction will be minimized by following a DEQ-approved Erosion and Sedimentation Control Plan, submitted to the DEQ at least 30 days prior to construction. Open cut stream crossing will be dewatered and implemented when water levels are low and stream flow is minimal. 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: Compensatory mitigation for impacts is not proposed for the project. All buffer impacts are deemed allowable. 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: 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 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. The purpose of the proposed project is to improve capacity to meet future flow conditions. No additional development is anticipated as a result of this project. The project will not increase impervious surfaces. 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 5e. Is this a DOT project located within Division's 1-8? Yes No Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC, NHP, Aquatic Surveys (report attached) 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? https://www.fisheries. noaa.gov/resuu rce/map/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?" NCHPO (comment response letter attached) 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 Morgan Creek Interceptor project involves removing an existing aerial sewer crossing and installation of a new aerial sewer crossing. To determine potential impacts to the Flood zone, M&C completed topographic survey of the project area and TranSystems developed a flood model. Based on the final design and results of the flood model, there were no identified impacts to the flood zone and therefore TranSystems completed a "No -Rise' certification. M&C provided the No -Rise submittal the Town of Chapel Hill on November 14, 2023 and it is currently in review (along with other documents requested by the Town). 8c. What source(s) did you use to make the floodplain determination?" FEMA floodmaps 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 dreg and drop files here to attach document Morgan Creek_ Permit_ Support Letter Binder.pdf 26.5MB RE_ [External] ePCN_issues_DEQ Response.pdf 514.7KB 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: Anna Reusche Signature �IGYlI.i�//JAB Date 11 /27/2023