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