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