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HomeMy WebLinkAbout20201340 Ver 2_ePCN Application_20231208DW R DHlsloo 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# * 20201340 2 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 Joseph Myers:joseph.myers Information for Initial Review 1a. Name of project: 1100 Old English Court la. Who is the Primary Contact?* Todd Rall 1b. Primary Contact Email: * 1c. Primary Contact Phone:* todd.rall@raleighnc.gov (919)996-4006 Date Submitted 12/8/2023 Nearest Body of Water UT to West Fork Mine Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.877924-78.654059 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wake 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 Please provide the date of the previous submission.' 1 /6/2021 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: 13 - Bank Stabilization 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 1e. 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) 1e. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Bethanee Byarlay; Dean A. Schaeffer and Karen B. Schaeffer 2b. Deed book and page no.: DB012615/PG02205; DB012615/PG02205 2c. Contact Person: Todd Rall 2d. Address Street Address 222 West Hargett Street Address Line 2 PO Box 590 city Raleigh Postal / Zip Code 27602 2e. Telephone Number: (919)996-4006 2g. Email Address:" todd. rall@raleighnc.gov 3. Applicant Information (if different from owner) 3a. Name: Wayne Miles 3b. Business Name: City of Raleigh - Engineering Services Dept./Stormwater Management Division 3c.Address Street Address 222 West Hargett Street Address Line 2 PO Box 590 city Raleigh Postal / Zip Code 27602 3d. Telephone Number: (919)996-3964 3f. Email Address: wayne.miles@raleighnc.gov 4. Agent/Consultant (if applicable) 4a. Name: Chris Rogers 4b. Business Name: Timmons Group 4c.Address Street Address 5410 Trinity Rd Address Line 2 Suite # 102 city Raleigh Postal / Zip Code 27607 4d. Telephone Number: (984)255-2360 0. Email Address:' chris.rogers@timmons.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Raleigh 2. Project Identification State / Province / Region North Carolina Country USA 2f. Fax Number: State / Province / Region North Carolina Country USA 3e. Fax Number: State / Province / Region North Carolina Country USA 4e. Fax Number: (919)859-5663 O 2a. Property Identification Number: 1707244662 2b. Property size: 0.59 2c. Project Address Street Address 1100 Old English Court; 1101 Old English Court Address Line 2 city Raleigh Postal / Zip Code 27615-6033 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " UT to West Fork Mine Creek 3b. Water Resources Classification of nearest receiving water:' C;NSW 3c. What river basin(s) is your project located in? Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010803 4. Project Description and History State / Province / Region NC Country United States of America 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 is located in Old English Downs Subdivision at 1100 Old English Court, Raleigh, North Carolina. An unnamed tributary to West Fork Mine Creek (UT WF Mine Creek) is located in the back yard of the property. The outside of a meander bend in the stream is currently actively eroding and migrating towards the existing house structure. Approximately 170 linear feet of stream have been identified for repair and improvement through the City of Raleigh Drainage Assistance Program. The eastern stream/terrace eroding bank adjacent to the house extends to a maximum height of 9 feet and is within 1 foot of an existing deck and 13 feet of an existing structure. Based on a review of the existing contours and gradual slopes on the eastern side of the stream, it appears that fill was placed within the floodplain when the lot was developed. A sharp ninety - degree bend is located approximately mid -way in the lot. The fill has restricted floodplain access to stormwater flows resulting in higher shear stress in the channel and severe bank erosion. Cross sections of the channel were taken to quantify the morphological data. Two sections were taken upstream of the repair area, three sections within the repair area and three sections downstream. The cross sections obtained were comprised of both riffle and pool sections. The data was collected to establish bankfull channel characteristics and quantify the stream slope, 0.010 ft/ft. The eastern floodplain is wooded, and stream bank is generally stable within the repair area. The western floodplain is inaccessible to flood flow due to fill and is also wooded south of the 90-degree bend. The north western bank is wooded however the floodplain has less vegetation due to the proximity of the house and the associated yard. A document titled Morphological data has been uploaded with this PCN application. The following tables along with the morphological cross sections and longitudinal profile are included in this document. The watershed to the project site has a drainage area of approximately 0.56 square miles. The regional curve data for a watershed of this size is listed in Table A. The project reach within the repair area classified as slightly entrenched E4/C4 stream. The morphological data included in Table B, was obtained from surveyed cross sections at riffle locations." 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). DWR # 20201340 SAW-2021-00055 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 502 4h. Explain the purpose of the proposed project: * The purpose of the project is to restore the stability of the western bank and terrace slope adjacent to the existing structure. The impacts that will occur on the stream and associated buffers are to repair a small section of stream bank with boulder toe and soil lift installation for stabilization and grading/benching of the adjacent stream bank. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Stream Bank Grading and Benching: The stream alignment will be shifted to a more stable configuration by adjusting both curves in the corridor so that there is less shear stress on the banks. Along with the stream alignment changes the southern floodplain will be graded to allow for better access of storm flows to the floodplain during larger than bankfull events. Because the stream pattern will continue to have a severe direction change the floodplain connection is important to reduce shear stress on the western bank by allowing these flows to pass over the floodplain instead of being contained to the channel. The stream bank corridor within the repair area will be re -vegetated within all disturbed areas. The re -introduction of vegetation to the graded channel banks will aid in providing long term bank stability. The vegetation will be a combination of native herbaceous and woody shrub plant species within the easement. The stabilized banks and re -vegetated corridor will additionally provide stormwater quality benefits. Stream Bank Stabilization: Due to the location of the existing structure a design requiring a structural design utilizing boulder toe and soil lifts is proposed. The boulders are designed to step up from a bankfull floodplain elevation to the current terrace elevation. This design incorporates the removal of soil from the floodplain with grading at a 3H:1 V slope and optimal flood flow access. The first boulder will be installed below the stream toe. The subsequent boulder layers will be installed on top of the first row in an alternating pattern to ensure that boulder connections on the first layer are spanned with the boulders on the top row. Structural fill will be used in the bank reconstruction immediately behind the boulders and then existing site soils will be used to fill the remaining area. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: n/a 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): Agency/Consultant Company: 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 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact (?) Jurisdiction* length* g1 Rock toe Rip rap Permanent Stabilization ]ffoWF Mine Creek Perennial Corps 10 25 Averege (feet) (linear feet) gp Boulder toe Permanent Bank Stabilization UT to WF Mine Creek Perennial Corps 10 34 Average (feet) (linear feet) S3 Rock Silt Screen Temporary Other UT to WF Mine Creek Perennial Corps 10 10 Averege (feet) (linear feet) S4 Constructed Riffle Extension Temporary Other UT to WF Mine Creek Perennial Corps 10 10 Averege (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 59 20 3i. Total stream and ditch impacts: 79 3j. Comments: S1: Stream stabilization will be provided on the bank through reconstruction to a typical channel cross section, rock toe reinforcement in reconstructed areas, and installation of erosion control matting and riffle construction. S2: Permanent stream stabilization provided on the west side stream bank through a boulder toe system due to the close proximity of the structure. 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: This project is necessary due to the severe erosion in close proximity to an existing structure. The repair improves water quality by stabilizing the bank and prevent additional sediment transport into the stream. The project will be limited to the eroded bank only with minimal transitions areas up and downstream. Gabion cages and soil/vegetative stabilization techniques was selected to stabilize the stream bank. The limits of disturbance have been minimized to only the area needed to construct the repairs. Impacts to the stream buffer will be minimized by accessing the site through a narrow corridor and protecting as much existing vegetation as possible. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Pumping of normal stream flow be maintained and pumped around the site during construction activities. Bank stabilization, covering the slope with riparian seed and coir matting, erosion control mating will occur daily upon completion of bank grading. 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: Bank stabilization only 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 new impervious area is being added 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: This is not applicable to this project 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: * Not applicable 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. No development is associated with this project. It is only bank stabilization within an existing residential 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 site is an existing urban residential area that has been previously impacted by development. Open areas are currently being mowed and maintained. Habitat is not present for Wake County listed vertebrate and invertebrate endangered species with the exception of Northern Long Eared Bats. It is not anticipated that this tree removal would be an impact to critical habitat for the Northern Long Eared Bat in Wake County. Therefore, it is not anticipated that there will be any adverse impacts associated with T/E 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? The project is located in an urban stream. 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 NC Historical Preservation Office website (www.hpo.dcr.state.nc.us) was searched and no sites were listed for this property. In addition, no architectural structures or archaeological artifacts were noted during preliminary surveys at the site. 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: A No -Rise analysis was completed and signed on 10-13-2023. (See attached Miscellaneous attachments) 8c. What source(s) did you use to make the floodplain determination?* (Floodmaps.nc.gov) 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 Morphological Data.pdf 873.05KB 02 - LOCATION MAP.pdf 519.62KB SAW-2021-00055 - NWP 13 Verification.pdf 834.95KB 20-1340 1100 Old English Court _401_Wake.pdf 770.4KB 1100 Old English 1 % Annual Floodplain Analysis - 10-13-2023 - Stamped.pdf 5.26MB File must be PDF or KMZ Comments Morphological Data Location Map Approved 404 permit SAW-2021-0055 Approved 401 permit DWR # 20201340 100 year floodplain analysis - 10-13-2023 Signature 8 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: S. Wayne Miles Signature 1. WIAG #(LGf Date 12/S/2023