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HomeMy WebLinkAbout20201285 Ver 2_ePCN Application_20240208i 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# * 20201285 2 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: Arbor Creek - Middle Creek Greenway 1a. Who is the Primary Contact? * Matt Beard 1b. Primary Contact Email: * matt.beard@hollyspringsnc.us Date Submitted 2/8/2024 Nearest Body of Water Middle Creek Basin Nauss Water Classification C Site Coordinates Latitude: 35.667619 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 Longitude: -78.816937 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Zachary Thomas:zachary.thomas 1c. Primary Contact Phone:* (919)567-4018 $570.00 $767.00 O 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.' 4/14/2022 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: 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 14 - Linear transportation 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 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: Matt Beard, Park Planner, Town of Holly Springs 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: Matt Beard 2d.Address Street Address 128 S. Main Street Address Line 2 City State / Province / Region Holly Springs NC Postal / Zip Code Country 27540 USA Yes No Yes No 2e. Telephone Number: (919)567-4018 29. Email Address:* matt. beard@hollyspringsnc.us 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 One Glenwood Avenue Postal / Zip Code 27610 4d. Telephone 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) Arbor Creek 1c. Nearest municipality / town: Holly Springs 2. Project Identification 2a. Property Identification Number: various 2c. Project Address Street Address Sunset Lake Address Line 2 City Holly Springs Postal / Zip Code 27540 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Middle Creek 3b. Water Resources Classification of nearest receiving water: C 3c. What river basin(s) is your project located in? Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010901 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 146 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 project study area consists of forested areas along a large stream feature, Middle Creek, portions of an existing greenway and boardwalk as well as an existing sewer line easement. The surrounding area consists of single-family residential subdivisions including Arbor Creek, Bridgewater, Woodcreek and Sunset Ridge. 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). The project was originally authorized under a Nationwide 14 (SAW-2020-00572), Individual Buffer Authorization and Neuse River Buffer Authorization (DWR# 20201285). 4f. List the total estimated acreage of all existing wetlands on the property: 68.31 4g. List the total estimated linear feet of all existing streams on the property: 18,330 4h. Explain the purpose of the proposed project: During construction of the project, the need for changes to the original design are required for the project. Therefore, a permit modification is requested.The original proposed alignment crossed over a sanitary sewer that had a concrete cradle that was not picked up during the survey. This cradle was too close to the surface for us to meet the proper culvert depths on the trail and to not negatively impact the immediate upstream properties. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: A realignment of the culvert to miss this section of the existing sanitary sewer is required. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O 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-2020-00572 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Anna Reusche 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 USACE - 6/4/2020, Lyle Phillips 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 ❑ S1 3a. Reason for impact (?) S1 3b.lmpact type* Permanent 3c. Type of impact* Culvert 3d. S. name* Middle Creek 3e. Stream Type* (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width 10 Average (faeQ 3h. Impact length* 40 (linear feet) g2 S2 Permanent Stabilization Middle Creek Perennial Both 10 Average (feet) 18 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 58 3i. Total stream and ditch impacts: 58 3i. Total temporary stream impacts: 0 3j. Comments: Please note that this is a modification request. During construction, the contractor identified an existing sewer line with a concrete encasement that sits above the natural streambed elevation. The contractor is going to have to shift the alignment of the greenway and drainage pipes, to avoid the sewer line. The proposed modifications are shown on the updated impact sheet attached. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact (BA-1) Allowable Upon Authorization P Middle Creek No 4,855 1,372 6h. Total buffer impacts: Zone 1 Total Temporary impacts: 0.00 Zone 1 Total Permanent impacts: 4,855.00 Zone 1 Total combined buffer impacts: 4,855.00 6i. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization Zone 2 0.00 Zone 2 1,372.00 Zone 2 1,372.00 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant requested a detailed delineation of streams and wetlands within the proposed project boundaries prior to finalizing the plan to ensure the limitation of impacts of the natural environment. Following the delineation, the proposed grading and disturbance limits were shifted in places to minimize impacts to the wetlands, streams and buffers. The proposed project was designed to maintain existing drainage patterns and avoid impacts to Middle Creek and its tributaries in the project area. The configuration of the proposed path avoids impacts to the main stem of Middle Creek and reduces the number of crossings as well as the length of each crossing (<150 LF). Crossings were designed at a perpendicular angle and pipe end walls were used to further reduce the length of each crossing. All bridge supports proposed for Middle Creek crossings will be outside of the tributary top of bank. Where boardwalks are proposed to cross tributaries, they span the entire stream channel, and the supports are located To avoid temporary stream impacts on streams, the project includes the installation and use of a temporary bridge to span the channel in its entirety. For the proposed wetland crossings, equalization pipes will be utilized so that water can back up and migrate through the pipes as needed depending on the wetland the pipe arrangement varies from a single pipe to a system of quad pipes. As such no secondary or indirect losses are anticipated to result from the wetland crossings. A section of existing boardwalk through a wetland will be removed. Vegetation within the area will be allowed to revegetate naturally. Also, the area within the LOD but outside of the trail will be allowed to revegetate naturally 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Prior to construction, the contractor will install watershed fencing to delineate approved working limits. Temporary silt fencing, wattles and dewatering devices will be installed to treat runoff from the work area. All impacted areas will be restored to the pre -construction conditions including stabilization of the slopes and other disturbed areas. The contractor will maintain erosion and sedimentation control measures until groundcover or vegetation is well established. Vegetation will be re-established in areas where the existing boardwalk is being removed. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State O 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 has already been obtained for the project. Changes noted in this modification are not anticipated to require mitigation. 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 la. 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 project is intended to serve existing neighborhoods and no further development is anticipated to occur as a result of the project. In order to prevent the potential for secondary impacts, all erosion and sedimentation control practices, including the application of silt fences and erosion control matting, will be constructed and maintained according to the standards and specifications of the current North Carolina Erosion and Sediment Control Planning and Design Manual. 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 8 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? USFWS Information Planning and Consultation (IPaC) tool and species specific surveys. 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 EFH mapper https://www.habitat.noaa.gov/application/efhmapper/index.ht 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? Concurrence received from SHPO 5/13/2020 (ER20-0773) 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: Parts of this project are located within a Federal Emergency Management Agency (FEMA) regulated flood plain will require a Conditional Letter of Map Revision from FEMA. The project has been coordinated with appropriate state and local officials and FEMA to assure compliance with FEMA, state, and local floodway regulations. A proposed model incorporates the project's physical changes and new riverine structures that are the basis of the revision request. The proposed model ties -in with the effective floodplain model upstream and downstream of the project area. The model was produced in accordance with FEMA guidelines and the results have been provided to FEMA for review and approval. 8c. What source(s) did you use to make the floodplain determination?" FIRM 3720065900J 5/2/206 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 SE20027 IMPACT MAPS-APW-BA-1 Buffer Impact Area 1.pdf 467.4KB SE20027 IMPACT MAPS-APW-SA-1 Stream Impact Area 1.pdf 486.04KB File must be PDF or KMZ Comments This is a modification to an existing permit (SAW-2020-00572). During construction, the contractor identified an existing sewer line with a concrete encasement that sits above the natural streambed elevation. The contractor is going to have to shift the alignment of the greenway and drainage pipes, to avoid the sewer line. The proposed modifications are shown on the updated impact sheet attached. 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 O Date 2/8/2024