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HomeMy WebLinkAbout20180343 Ver 2_ePCN Application_20240209DWR 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# * 20180343 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Central Office - (919) 707-9000 Information for Initial Review la. Name of project: McCotter Canal Bank Stabilization 1a. Who is the Primary Contact? * Katelyn Cox 1b. Primary Contact Email: * kmcox@hazenandsawyer.com Date Submitted 2/9/2024 Nearest Body of Water Shop Branch Basin Nauss Water Classification SC; Sw, NSW Site Coordinates Latitude: 34.871698 A. Processing Information Longitude: -76.901979 Is this project connected with ARPA funding? Yes No Please provide the DWI ARPA Funding Project Number (le: SRP-W-ARP-0321) SRP-SW-ARP-0021 County (or Counties) where the project is located: Craven What amount is owed?* $240.00 $323.00 Select Project Reviewer* Sue Homewood:Sue.Homewood 1c. Primary Contact Phone:* (919)798-0649 $570.00 $767.00 M 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: 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 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 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 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: City of Havelock 2b. Deed book and page no.: DB0952 PG0408 2c. Contact Person: Chris McGee, Havelock City Manager O 2d. Address Street Address PO Box 368 Address Line 2 City Havelock Postal / Zip Code 28532 2e. Telephone Number: (252)444-6400 2g. Email Address:* cmcgee@havelocknc.us 4. Agent/Consultant (if applicable) 4a. Name: Katelyn Cox 4b. Business Name: Hazen and Sawyer 4c.Address Street Address 4011 WestChase Boulevard Address Line 2 Suite 500 city Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)798-0649 4f. Email Address:* kmcox@hazenandsawyer.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Havelock 2. Project Identification 2a. Property Identification Number: 6-220-069/6-220-070/6-220-071 /6-220- D-00 B 2c. Project Address Street Address N/A Address Line 2 city Havelock Postal / Zip Code 28532 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Shop Branch 3b. Water Resources Classification of nearest receiving water: SC; Sw, NSW 3c. What river basin(s) is your project located in?* Neuse State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 10 State / Province / Region NC Country United States a 3d. Please provide the 12-digit HUC in which the project is located. 030202040504 4. Project Description and History 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 consists of a private gravel access road and adjacent McCotter Canal (canal). McCotter canal is a man-made stormwater canal. The canal extends northeast from US 70 approximately 0.8 mile, then north for 0.65 mile before turning to the east for 0.6 mile. The road provides the City of Havelock (City) access to water supply wells located along the road. The banks of the canal are severely eroded, and the erosion is reducing the width of the access road. City maintenance staff are at times unable to traverse the full length of the access road by vehicle due to the reduction in drivable width. The property to the southeast and east is part of Croatan National Forest. The U.S. Forest Service maintains a fire break adjacent to the project area. West and north of the project area, land use is dominated by residential development with a small amount of commercial development. Existing culverts that were previously permitted are present along the length of the project corridor. 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). SAW-2018-01060 DWR 318-0343 4f. List the total estimated acreage of all existing wetlands on the property: 0.3 4g. List the total estimated linear feet of all existing streams on the property: 13,500 4h. Explain the purpose of the proposed project: * The purpose of the project is to reconstruct the access road and protect the road and buried infrastructure from future damage. The project will ensure that City maintenance staff are able to access the water supply wells located along the access road and the stormwater canal that parallels the access road during and immediately following future natural disasters and major storm events. The stormwater system, including the stormwater canal and culverts that discharge stormwater from adjacent land into the canal, will be improved to ensure proper function of the system, reduce flooding of roadways and structures, and reduce potential for future degradation of the access road. This project is ARPA funded. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project will repair the failed banks of the canal by stabilizing the canal banks and will reconstruct the access road. Infrastructure buried beneath the access road, including a fiber optic cable and water line, will be protected from future damage, reducing the risk of future water service interruptions. The proposed project involves construction of soil lifts to reconstruct and stabilize the banks of the existing canal, grading to reconstruct the damaged portions of the access road and to excavate drainage swales on the east and south sides of the access road at selected locations, and installation of new culverts under the access road to connect the drainage swales to the canal. The drainage swales will allow improved management of stormwater by directing it to the proposed culverts rather than allowing it to continue the diffuse flow over the access road and through the roadbed material, which is currently undermining and washing out the road. Canal bank repairs and stabilization are proposed at eleven locations along the canal, comprising a total of 2,627 feet of stream bank stabilization and nineteen culverts connecting the proposed drainage swales to the canal. The bank stabilization measures consist of (1) placement of clean fill material to repair the eroded areas and allow for reconstruction of the access road and (2) construction of soil lifts to provide a bank that is resistant to future erosion. The new culverts are proposed to be sited within the footprint of the soil lifts. The access road will be reconstructed to match its original dimensions and configuration. The culverts are proposed to be one 18-inch, and eighteen 15-inch diameter high -density polyethylene (HDPE) pipes. Four culverts are proposed to be 38 feet long, three are proposed to be 34 feet long, two are proposed to be 37 feet long, two are proposed to be 43 feet long, and the remaining will be 30, 33, 26, 42, 39, 40, 35, and 36 feet long. Equipment expected to be used to construct the project includes, but is not limited to, bull dozers, front end loaders, rollers, and dump trucks. All stream work will be performed in the dry with a coffer dam and a pump around system being implemented in each work area. Upon completion of the stream bank stabilization, grading of the road and shoulder will be performed. Signs will be installed along the west and north sides of the access road to prevent mowing closer than 18" on the canal slopes to protect the encapsulated soil lifts and encourage regrowth of vegetation on the banks of McCotter Canal. 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): Linda Diebolt Agency/Consultant Company: Hazen and Sawyer Other: 6. Future Project Plans 6a. Is this a phased project?* Yes No O Unknown 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 F ] 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 Erosion and Sediment Temporary Fill McCotter Canal Jurisdictional Ditch Both 10 104 Control Averege (feet) (linear feet) S2 Soil Lift Permanent Bank Stabilization J McCotter Canal Jurisdictional Ditch Both 10 61 Average (feet) (linear feet) S3 Erosion and Sediment Temporary Fill McCotter Canal Jurisdictional Ditch Both 10 90 Control Averege (feet) (linear feet) gq Soil Lift Permanent Bank Stabilization J McCotter Canal Jurisdictional Ditch Both 10 45 Average (feet) (linear feet) S5 Erosion and Sediment Temporary Fill McCotter Canal Jurisdictional Ditch Both 10 151 Control Averege (feet) (linear feet) S6 Soil Lift Permanent Bank Stabilization J McCotter Canal Jurisdictional Ditch Both 10 110 Average (feet) (linear feet) g7 Erosion and Sediment Temporary Fill McCotter Canal Jurisdictional Ditch Both 10 125 Control Averege (feet) (linear feet) gg Soil Lift Permanent Bank Stabilization J McCotter Canal Jurisdictional Ditch Both 10 85 Average (feet) (linear feet) S9 Erosion and Sediment Temporary Fill McCotter Canal Jurisdictional Ditch Both 10 215 Control Averege (feet) (linear feet) S10 Soil Lift Permanent Bank Stabilization J McCotter Canal Jurisdictional Ditch Both 10 176 Average (feet) (linear feet) S11 Erosion and Sediment Temporary Fill McCotter Canal Jurisdictional Ditch Both 10 275 Control Averege (feet) (linear feet) �2�Soil Lift Permanent Bank Stabilization J McCotter Canal Jurisdictional Ditch Both 10 235 Average (feet) (linear feet) S13 Erosion and Sediment Temporary Fill McCotter Canal Jurisdictional Ditch Both 10 239 Control Averege (feet) (linear feet) �4�Soil Lift Permanent Bank Stabilization J McCotter Canal Jurisdictional Ditch Both 10 198 Average (feet) (linear feet) �51 Erosion and Sediment Temporary Fill McCotter Canal Jurisdictional Ditch Both 10 142 Control Averege (feel) (linear feet) St6 Soil Lift Permanent Bank Stabilization J McCotter Canal Jurisdictional Ditch Both 10 100 Average (feet) (linear feet) S17 Erosion and Sediment Temporary Fill McCotter Canal Jurisdictional Ditch Both 10 965 Control Averege (feet) (linear feet) S18 Soil Lift Permanent Bank Stabilization J McCotter Canal Jurisdictional Ditch Both 10 921 Average (feet) (linear feet) �91 Erosion and Sediment Temporary Fill McCotter Canal Jurisdictional Ditch Both 10 406 Control Averege ((eel) (linear feet) S20 Soil Lift Permanent Bank Stabilization J McCotter Canal Jurisdictional Ditch Both 10 361 Average (feet) (linear feet) g21 Erosion and Sediment Temporary Fill McCotter Canal Jurisdictional Ditch Both 10 367 Control Averege (teal) (linear feet) S22 Soil Lift Permanent Bank Stabilization J McCotter Canal Jurisdictional Ditch Both 10 327 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 56,980 3i. Total permanent stream impacts: 2,619 3i. Total temporary stream impacts: 3,079 3i. Total stream and ditch impacts: 5698 3j. Comments: All temporary impact lengths also encompass the permanent impact lengths. 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 ff: ii/nn:ii - AUA - Construction Access for ��T Installation 6c. Per or Temp 6d. Stream name McCotter Canal 6e. Buffer mitigation required? No 6f. Zone 1 impact 73,648 6g. Zone 2 impact 18,450 u: DA - New Drainage Swell P McCotter Canal No 28,275 364 dd: ALA - Soil Lift P McCotter Canal No 2,055 0 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 73,648.00 18,450.00 Zone 1 Zone 2 Total Permanent impacts: 30,330.00 364.00 Zone 1 Zone 2 Total combined buffer impacts: 103,978.00 18,814.00 6i. Comments: All buffer impacts are considered deemed allowable or allowable upon authorization in the Neuse River Buffer Table of Uses. Therefore, there are no buffer impacts that require mitigation. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Delineation of jurisdictional areas occurred in the early design process. During design, the project corridor was positioned to impact jurisdictional waters only where necessary. Design modifications were made to reduce impacts to jurisdictional features. Avoidance of all jurisdictional features is only possible with a no -action alternative, which does not meet the need or purpose of the project. Where avoidance of jurisdictional waters was not possible due to constraints, the limits of disturbance were reduced to the extent feasible. Project design components to minimize impacts to jurisdictional features include stringent erosion and sediment control measures and specific contractor requirements associated with construction and maintenance activities in proximity to jurisdictional waters. Best management practices for erosion and sediment control measures are outlined in the project design plans. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to jurisdictional waters during construction will be limited to the extent feasible by performing as much work as possible from upland areas. Stringent erosion and sediment control measures will be implemented and adhered to during the entire duration of construction activities. Details of the proposed erosion and sediment control measures are depicted on the attached design drawings (sheet ESC01 -ESC1 7). During construction, no live concrete will come into contact with jurisdictional waters. All temporarily disturbed areas will be returned to their original grade and elevation and seeded with a suitable native seed mix, as depicted in the attached design plans. Seeding will be performed in a timely manner to minimize the duration of exposed soils. The contractor shall perform inspections of the erosion and sediment control measures weekly and following a rainfall event of 1 inch or more and perform maintenance as needed to ensure maximum efficiency of all devices in use. Vehicle and equipment maintenance activities shall be performed outside of jurisdictional areas. 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: All permanent impacts to McCotter Canal will be to restore the bank back to its original condition and provide bank stabilization. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan Q u O 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:* Preparation of NEPA documents is not necessary for this project because the only federal involvement in this project is USACE to review the permit application. Preparation of SEPA documents is not necessary because the project does not exceed the threshold of minimum requirements. 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 will provide the City of Havelock with continued access to their existing drinking water wells via their existing private access road. No new development will be induced or supported by the proposed project. 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 USFWS IPaC tool was referenced to determine the protected species that are expected to occur in the vicinity of the project area (January 18, 2024). IPaC identified northern long-eared bat (Myotis septentrionalis - endangered), tricolored bat (Perimyotis subfiavus — proposed endangered), eastern black rail (Laterallus jamaicensis ssp. jamaicensis - threatened), red -cockaded woodpecker (Picoides borealis - endangered), Rufa red knot (Calidris canutus rufa - threatened), American alligator (Alligator mississippiensis - SAT), green sea turtle (Chelonia mydas - threatened), leatherback sea turtle (Dermochelys coriacea - endangered), monarch butterfly (Danaus plexippus — candidate), and rough -leaved loosestrife (Lysimachia asperulaefolia - endangered). NC Natural Heritage Program data relative to documented occurrences of rare and protected species indicates two historical records of fauna in the area. Both records are shown for the entire county of Craven County, not a specific location within the county. Hazen biologists conducted a site assessment to identify the habitat characteristics onsite. Onsite habitat is not suitable for the listed reptiles, one of the listed bats, or two of the listed birds. Habitat may be available within the project area and/or its immediate surroundings for the northern long-eared bat (Myotis septentrionalis), red -cockaded woodpecker (Picoides borealis), and rough -leaved loosestrife (Lysimachia asperulaefolia). Tree removal is not included as part of the proposed work. If removal of a tree is determined to be necessary by the contractor, approval by the engineer, i.e. Hazen, is required prior to engaging in tree removal activities. Hazen will determine if the tree removal presents a risk of a take of either the northern long-eared bat or the RCW prior to approving or denying the contractor's request. Coordination with USFWS will be initiated if Hazen determines that there is potential for an adverse effect related to tree removal. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No Are there submerged aquatic vegetation (SAV) around the project vicinity?* Yes No O Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA NMFS EFH online mapper was reviewed January 18, 2024. Know Essential Fish Habitat in the project vicinity includes habitat for Summer Flounder, Bluefish, and Atlantic Butterfish. 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? Hazen biologists consulted NC DCR resources to determine the presence of historic resources on January 18, 2024. There are no National Register of Historic Places (NRHP) resources listed within a 5-mile radius of the project site. The project is not anticipated to have any effect on any surrounding historic areas. The project consists of new drainage swales and associated new culverts under an existing City of Havelock's private access road. There are no aboveground structures proposed for this project. Construction and the project corridor will not be visible from or have a view of any NRHP listed property. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8c. What source(s) did you use to make the floodplain determination? * FEMA's FIRM panel 3720642000J, effective 7/2/2004, shows the project area and surrounding land as Zone X. Miscellaneous 0 u 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 ALL Complied Attachments - McCotter Canal.pdf 88.01 MB HAZEN Plan Set - McCotter Canal 2.9.24.pdf 23.54MB File must be PDF or KMZ Comments Signature O 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: Katelyn Cox Signature Date 2/9/2024