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