20240120 Ver 1_ePCN Application_20240117

i 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# *
20240120
1
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 - [phone]
Joseph Myers:joseph.myers
Information for Initial Review
1a. Name of project:
Cane Creek Dam Channel Improvements Project
la. Who is the Primary Contact?*
Keven Duerr
1b. Primary Contact Email: *
1c. Primary Contact Phone:*
[e-mail]
[phone]
Date Submitted
1 /17/2024
Nearest Body of Water
Cane Creek
Basin
Cape Fear
Water Classification
WS-V, NSW
Site Coordinates
Latitude: Longitude:
35.948554-79.241675
A. Processing Information O
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
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 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:
Orange Water and Sewer Authority
2b. Deed book and page no.:
702/144
2c. Contact Person:
Todd Taylor, Executive Director
2d.Address
Street Address
400 Jones Ferry Rd
Address Line 2
City State / Province / Region
Carrboro NC
Postal / Zip Code Country
27510 USA

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Keven Duerr
4b. Business Name:
Hazen and Sawyer
4c.Address
Street Address
4011 WestChase Blvd
Address Line 2
Suite 500
city
Raleigh
Postal / Zip Code
27607
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 I town:
Chapel Hill
2. Proiect Identification
2a. Property Identification Number:
9729890610
2c. Project Address
Street Address
8711 Stanford Rd
Address Line 2
city
Chapel Hill
Postal / Zip Code
27516
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Cane Creek
3b. Water Resources Classification of nearest receiving water:
WS-V, 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.
030300020503
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
51
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:*
The site is located at the toe of the earthen dam that impounds Cane Creek Reservoir. A diversion channel originates at the diversion conduit outlet structure, which also supports
measuring stations and includes an access hatch for maintenance and operational access to the dam tunnel. A raw water transmission main passes through the dam tunnel, existing the
diversion conduit outlet structure and ultimately running to a valve chamber and pump station. The transmission main and an associated valve chamber are located directly adjacent to the
diversion channel. The diversion channel flows from the diversion conduit outlet structure to Cane Creek downstream of the principal spillway of Cane Creek Reservoir. A narrow band of
trees are present between the diversion channel and the raw water pipe corridor, which is maintained as grass. Trees are also present on the lower portion of the dam and on the far side
of the raw water pipe corridor.
The vicinity of the project area consists of Cane Creek Reservoir and dam, forest, and a marsh abutting Cane Creek. Development is strictly limited as the reservoir is a raw water source
for Orange Water and Sewer Authority (OWASA). Recreation is permitted in some portions of the lands surrounding the dam area.
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:
0.1
4g. List the total estimated linear feet of all existing streams on the property:
220
4h. Explain the purpose of the proposed project:
At present, the diversion channel does not flow well due to accumulated sediment in the channel and limited topographic grade change. The area around the diversion conduit outlet
structure and the tunnel access hatch consists of a mucky, inundated area that is impassable. Workers needing to reach the access hatch to access or inspect the tunnel must walk on the
aerial 42-inch reinforced concrete pipe across the mucky area, slide off the side of the pipe at the headwall into water that has recently been observed to be 2 to 3 feet deep, and enter the
access hatch. In addition, as a result of the accumulation of sediment, drain pipes associated with the outlet structure and monitoring stations are not functioning, causing water to back up
into the tunnel. The project purpose is to provide safe access to the hatch by way of restoring positive drainage away from the diversion conduit outlet structure, access hatch, and
associated drains.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
OWASA proposes to improve the diversion channel and provide maintenance cleaning around the structures and drain pipes in the project area. The project entails dredging a 200-foot
length of the diversion channel, regrading the banks along the dredge length, and clearing accumulated sediment and debris immediately surrounding the diversion conduit outlet structure,
monitoring stations, and access hatch. The latter element of the project will result in removal of sediment and debris down to the existing concrete apron at the structure. Additionally, the
drain pipe at the base of the access hatch will be cleared, and the flap valve will be replaced.
The diversion channel will be dredged and regraded with 2:1 slopes on the banks. The new trapezoidal channel will have a bed width of approximately 3 feet. Grading the banks may
require placement of clean fill material to establish the specified slope.
Trees along the banks will be removed from approximately 0.2 acre to accommodate the dredging and bank regrading activities. Disturbed maintained grassy areas will be restored with
lawn seed mix, and other disturbed areas not in water will be stabilized with a native mixture of riparian herbs suitable for the site location and landscape position, as specified on sheet
C1. Coir fiber matting will be installed over the seed on the newly graded banks to provide additional stability while the seeded vegetation becomes established. Funding is currently
allocated for the project based on a construction completion date of June 30, 2024, which represents the end of the fiscal year. Adjustments to this schedule may be necessary as the
project progresses but will complicate funding for the proposed work.
A permanent, 10-foot-wide access ramp will be installed for future access to the diversion conduit outlet structure, access hatch, and monitoring stations. The ramp will consist of 6-inch
ABC stone placed atop geotextile fabric. The ramp will extend from the existing grassed utility corridor to the concrete apron of the outlet structure, as shown on sheet C8.
Construction of the proposed project will require use of heavy equipment. The equipment that is anticipated to be used includes, but is not limited to, an excavator, backhoe, and/or front-
end loader as well as dump trucks and a temporary pump -around setup. Equipment will be staged and stored in the laydown and staging area when not in use and will be used to the
maximum extent possible from upland locations.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
Comments:
No
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): Keven Duerr
Agency/Consultant Company: Hazen and Sawyer
Other:
6. Future Project Plans
Unknown
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
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a. Site #* (?) ��2al
W1
Reason (?)
Dredging
2b. Impact type*(?)
P
2c. Type of W.
NON-NCWAM TYPES
2d. W. name
WA
2e. Forested"`
No
2f. Type of Jurisdicition*
(?)
Both
2g. Impact
area
0.028
(acres)
W2
Access ramp (fill)
P
__]
NON-NCWAM TYPES
WA
t-A
Both
0.003
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.031
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.031
F
S1
3a. Reason for impact (?)
Remove accumulated
sediments
3b.lmpact type*
Permanent
3c. Type of impact*
Other
3d. S. name*
SA
3e. Stream Type* �[J.risdiction
(?)
Jurisdictional Ditch
f. Type of
*
Both
3g. S. width
Avenge (feet)
3h. Impact
length*
200
(linear feet)
S2
Access and erosion and
sediment control
Temporary
Dewatering
--1
SA
Jurisdictional Ditch
Both
Average (feet)
10
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
840
3i. Total permanent stream impacts:
200
3i. Total stream and ditch impacts:
210
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
10
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project cannot fully avoid impacting waters of the US except with a no -build alternative. The no -build alternative fails to meet the purpose and need
of the project. The length of the project is the minimum necessary to allow for re-establishment of positive drainage from the diversion conduit outlet
structure. The construction access will be via the existing site service road and then the maintained utility corridor. The construction laydown/staging
area will be established on high ground adjacent to the temporary construction entrance. Temporary access ramps with timber matting will be
established to provide access for equipment from the maintained utility corridor to the waterway.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
In -water work will be performed in the dry. Temporary pump -around systems will be utilized to establish and maintain a dry work area. Clean water will
be discharged over a riprap outlet, and water from within the work area will be discharged through a filter bag, silt bag, or similar. The construction
entrance shall be stabilized with riprap to trap sediments as equipment and vehicles exit the site, and the construction access road will be paralleled with
silt fence on the downslope side. Tree removals will be limited to the minimum necessary to accommodate the proposed channel improvements.
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 are below the threshold at which mitigation is required. Proposed activities consist of restoration of positive flow regime, removal of accumulated sediments, and installation of
access ramp for future operations and maintenance.
0
u
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O

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
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:*
Project is below minimum criteria for SEPA and does not have a federal nexus that triggers NEPA.
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 Waterer 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.
Project consists of maintenance activities along an existing diversion channel and will not induce or support 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 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?
The Information for Planning and Consultation (IPaC) tool was reviewed most recently on December 18, 2023 for an updated listing of the federally
protected species known to or expected to have the potential to inhabit the immediate project vicinity. The IPaC tool identified the endangered Cape
Fear shiner (Notropis mekistocholas), proposed endangered tricolored bat (Perimyotis subfiavus), and candidate monarch butterfly (Danaus plexippus).
Water quality and habitat available in the diversion channel is not suitable for Cape Fear shiner, and no fish were observed in the channel during the
September 2023 site investigations. Trees will be removed that may provide habitat for tricolored bats. Adjacent to the project area, there are large,
forested areas that will remain intact to provide alternate roost trees. The monarch butterfly relies on milkweed plants, which were not observed within or
adjacent to the project area. Furthermore, the NC Natural Heritage Program database of element occurrences, updated January 2023, shows no
populations of any of the three identified species within a one -mile radius of the project area.
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 was reviewed December 19, 2023.
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 was reviewed on December 18, 2023. The mapping tool depicts the nearest historic resource as the Bingham School, which is 0.75 mile
northwest of the project area. Due to the topography of the area and the dense forest immediately west and northwest of the project area, there is no
possibility of a visual intrusion or impact to Bingham School as a result of the proposed project.
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 project will result in a net cut and will not result in net fill in the floodplain. No change to the flood elevation, extents, or duration are proposed to
occur as a result of the project.
8c. What source(s) did you use to make the floodplain determination?"
FEMA Firm panel 3710982000J, effective 2/2/2007.
Miscellaneous
e
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
OWASA Cane Creek Channel Improvement Draft Drawings_12212023.pdf 1.98MB
ePCN attachment 20240109.pdf 11.54MB
File must be PDF or KMZ
Comments
Riparian Buffer Comments:
The site is located within the Jordan Lake watershed and is therefore in an area in which riparian buffers along mapped blueline streams are protected under NC Buffer Rules. When the
Cane Creek dam was constructed to impound the reservoir, a portion of Cane Creek was relocated and is now fed from the reservoir over the principal spillway. The most recent USGS
topographic map available for use as a basemap in ArcGIS was published in 1982, prior to the impoundment of Cane Creek Reservoir. The most recent soil survey publication for Orange
County was published in 1977. The 1982 USGS topographic map and the 1977 soil survey map depict Cane Creek as located through the middle of Cane Creek Reservoir and following
the alignment of the diversion channel to the main channel of Cane Creek, as observed onsite in the fall of 2023.
The 2022 USGS topographic map depicts the constructed reservoir and relocated reach of Cane Creek, with no blueline stream shown within the project limits. The 2022 USGS
topographic map shows the project footprint is landward of the 50-foot riparian buffer along the Cane Creek Reservoir shoreline and Cane Creek downstream of the dam. As such,
OWASA requests that the blueline waters shown on the 2022 USGS topographic be used as the basis for application of the NC Buffer Rules, with no reliance on the 1977 Soil Survey of
Orange County for this project. The 1977 soil survey map, 1982 USGS topographic quadrangle, and an excerpt of the 2022 USGS topographic quadrangle are attached for reference. The
dam and relocated reach of Cane Creek are sketched in on the soil survey map and 1982 USGS topographic map for ease of comparison.
Signature
By checking the box and signing below, I certify that:
a
• 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:
Keven Duerr
Signature
Date
1/17/2024