HomeMy WebLinkAbout20240314 Ver 1_ePCN Application_20240220DWR
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# *
20240314 1
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:
Repair NIH Dam Inlets and Outlets -111 T.W. Alexander or
1a. Who is the Primary Contact?*
John Farrell, AICP, CEP
1b. Primary Contact Email: *
jfarrell@amtengineering.com
Date Submitted
2/20/2024
Nearest Body of Water
Discovery Lake
Basin
Cape Fear
Water Classification
Burden's Creek
Site Coordinates
Latitude:
35.885770
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Durham
Is this a NCDMS Project
Yes No
Longitude:
-78.875997
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas
1c. Primary Contact Phone:*
(804)335-5603
$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
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):
NWP - 3 and NWP - 13
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
Multiple NWP #'s (specify below)
le. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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:
United States of America
2b. Deed book and page no.:
57/92
2c. Contact Person:
Cameron Thompson, PE
2d.Address
Street Address
111 T.W. Alexander Drive
Address Line 2
City State / Province / Region
Research Triangle Park NC
Postal / Zip Code Country
27709 USA
Yes No
Yes No
2e. Telephone Number:
(984)287-4382
2g. Email Address:*
cameron.thompson@nih.gov
3. Applicant Information (if different from owner)
3a. Name:
Thomas D'Amico
3b. Business Name:
CIVIC Building, Inc.
3c.Address
Street Address
2140 Page Road
Address Line 2
Suite 103
city
Durham,
Postal / Zip Code
27703
3d. Telephone Number:
(910)228-4807
3f. Email Address:*
tdamico@cmcbuildinginc.com
4. Agent/Consultant (if applicable)
4a. Name:
John Farrell, AICP, CEP
4b. Business Name:
4c. Address
Street Address
100 Gateway Center Parkway
Address Line 2
Suite 200
city
North Chesterfield
Postal / Zip Code
23235
4d. Telephone Number:
(804)335-5603
4f. Email Address:*
jfarrell@amtengineering.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Durham N.C.
2. Project Identification
2a. Property Identification Number:
0737664416
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
VA
Country
USA
4e. Fax Number:
2b. Property size:
504.2
2c. Project Address
Street Address
109 T.W. Alexander Dr.
Address Line 2
city
Durham
Postal / Zip Code
27703
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Discovery Lake
3b. Water Resources Classification of nearest receiving water:
Burden's Creek
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.
030202011001
4. Project Description and History
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 existing conditions at the NIH/EPA campus (site) are an institutional campus. The developed facilities are accessed through paved interior roads and parking. the central feature of the
site is Discovery Lake. The lake is fringed with wetlands and a paved walking path. The existing vegetation is generally mixed hardwoods and pines. Turfand emergent wetland vegetation
comprise most of the veg. community adjacent to the lake.
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:
10
4g. List the total estimated linear feet of all existing streams on the property:
5,000
4h. Explain the purpose of the proposed project:*
The project purpose is to rehabilitate the Lake Discovery Dam to current safety standards and to provide shoreline protection in the form of rip rap, stone walls and vegetation.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
installation of the slip line repair pipes. Construct a temporary cofferdam, approx. 150 ft long x 20 ft wide x 4 ft tall, using earth materials obtained from below normal pool to ensure the
work area is dry. Upon completion of the slip line repair, the cofferdam earthen materials will be redistributed back to the area below normal pool. Addition of rip rap stone for wave armor
on the upstream dam slope.
Lake Aeration - Temporary use of an aeration system with approx. 1200 linear feet of aeration tubing leading to 10 aeration diffusers to ensure waters drained from the bottom of the lake
are not oxygen deprived and species in the outfall stream are not harmed.
Shoreline Stabilization - Installation of vegetative, rip rap, and stone retaining wall sections to stabilize eroded sections around the lake perimeter. Approx. 500 I.f vegetative, 750 I.f rip rap,
and 1000 I.f. stonewall.
Lake Aeration - are proposed to be temporarily placed within the lake. The tubes will be pressurized via a manifold on the northwestern portion of the shoreline. The tubes will disperse
atmospheric air into the lake bottom to improve low oxygen levels in the water prior to it being drained from the lake. Aeration activities are estimated to begin in March 2024 and
anticipated to proceed for approx. 1 month.
Dam and Spillway - The proposed slip line repair is a non-invasive method to restore the principal spillway and bottom drain conduits to permanent service. Pipe repair activities are
estimated to begin in April 2024 and will proceed for approx. 2 months. The wave protection armor on the upstream face of the dam is required by NC DEQ for High Hazard dams and will
be constructed of riprap beginning approx. May 2024 and proceed for approx. 1 month.
Shoreline Stabilization - Portions of the shoreline of Discovery Lake are eroding and sloughing into the lake. Wetland vegetation, rip rap and stone walls are proposed to alleviate erosion
along the shoreline. Heavy equipment and hand tools are proposed for this work.
For the fish removal, the plan is as follows:
1. Lower lake level several feet
2. Shock fish to get a sampling (this will help determine the amount of Rotenone to use)
3. Keep lake level down several feet, close valve, apply Rotenone one evening to kill all fish (the lowered pool will keep Rotenone from escaping downstream)
4. The next morning, use boats to collect fish and haul off site in trucks.
5. Allow several days duration for Rotenone to dissipate, test for when levels are safe to release water.
6. Drain lake entirely.
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:
SAW-2023-01325
O Unknown
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): John J. Farrell
Agency/Consultant Company: A. Morton Thomas and Associates
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
09/27/2023 - USACE
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
O
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicitio n *
2g. Impact
(?)
area *
dam work
P
Non -Tidal Freshwater Marsh
IMPACT 1
No
Both
0.091
(acres)
dam work
P
Non -Tidal Freshwater Marsh
IMPACT 2
No
Both
0.006
(acres)
shoreline restore
P
Non -Tidal Freshwater Marsh
IMPACT 3
No
Both
0.023
(acres)
shoreline restore
T
Non -Tidal Freshwater Marsh
IMPACT 4
No
Both
0.022
(acres)
shoreline restore
P
Non -Tidal Freshwater Marsh
IMPACT 5
No
Both
0.048
(acres)
access
T
Non -Tidal Freshwater Marsh
IMPACT 6
No
Both
0.005
(acres)
shoreline restore
T
Non -Tidal Freshwater Marsh
IMPACT 7
No
Both
0.038
(acres)
shoreline restore
P
Non -Tidal Freshwater Marsh
IMPACT 8
No
Both
0.025
(acres)
shoreline restore
T
Non -Tidal Freshwater Marsh
IMPACT 9
No
Both
0.052
(acres)
10
access
T
Non -Tidal Freshwater Marsh
IMPACT 10
No
Both
0.002
(acres)
11
shoreline restore
T
Non -Tidal Freshwater Marsh
IMPACT 11
No
Both
0.009
(acres)
12
access
T
Non -Tidal Freshwater Marsh
IMPACT 12
No
Both
0.006
(acres)
13
shoreline restore
P
Non -Tidal Freshwater Marsh
IMPACT 13
No
Both
0.034
(acres)
14
shoreline restore
P
Non -Tidal Freshwater Marsh
IMPACT 14
No
Both
0.051
(acres)
15
shoreline restore
P
Non -Tidal Freshwater Marsh
IMPACT 15
No
Both
0.003
(acres)
16
shoreline restore
P
Non -Tidal Freshwater Marsh
IMPACT 16
No
Both
0.035
(acres)
17
shoreline restore
P
Non -Tidal Freshwater Marsh
IMPACT 17
No
Both
0.010
(acres)
18
shoreline restore
T
Non -Tidal Freshwater Marsh
IMPACT 18
No
__]
Both
0.020
(acres)
19
shoreline restore
P
Non -Tidal Freshwater Marsh -]
IMPACT 19
No
Both
0.027
(acres)
20
bridge repair
P
Non -Tidal Freshwater Marsh
IMPACT 20
No
Both
0.002
(acres)
21
shoreline restore
T
Non -Tidal Freshwater Marsh
IMPACT 21
No
Both
0.001
(acres)
22
shoreline restore
P
Non -Tidal Freshwater Marsh
IMPACT 22
No
Both
0.027
(acres)
23
shoreline restore
P
Non -Tidal Freshwater Marsh
IMPACT 23
No
Both
0.038
(acres)
24
shoreline restore
P
Non -Tidal Freshwater Marsh
IMPACT 24
No
Both
0.027
(acres)
25
shoreline restore
T
Non -Tidal Freshwater Marsh
IMPACT 25
No
Both
0.046
(acres)
2g. Total Temporary Wetland Impact
0201
2g. Total Wetland Impact
0.648
2i. Comments:
4. Open Water Impacts
2g. Total Permanent Wetland Impact
0 447
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
26
coffer dam
P
Discovery Lake
Stabilization :111-alke
0.12
27
retaining wall
P
Discovery Lake
Stabilization
Lake
0.29
28
rip rap on shore
P
Discovery Lake
Stabilization
Lake
0.12
29
rip rap dam
P
Discovery Lake
Stabilization
Lake
0.13
30
air diffusers
T
Discovery Lake
Other
Lake
0.14
4g. Total temporary open water Impacts:
0 14
4g. Total open water impacts:
080
4h. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
4g. Total permanent open water impacts:
066
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation requiredT
6f. Zone 1 impact
6g. Zone 2 impact
allowable
P
Burden's Creek
No
0
0
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 0.00 0.00
Zone 1
Total combined buffer impacts: 0.00
Zone 2
0.00
6i. Comments:
All buffer impacts are allowable and are exempt from mitigation. All proposed work is for shoreline stabilization and for dam safety/maintenance. No new
impervious areas are planned.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
limiting cut and fill areas to the absolute minimum.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
limit access areas through wetlands to the smallest footprint possible.
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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
0
4d. Buffer mitigation requested (DWR only):
(square feet)
0
4f. Non -riparian wetland mitigation requested:
(acres)
0
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
All work within the buffer is to meet dam safety regulations and to relieve shoreline erosion. This is a buffer exempt project.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
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
J
Comments:
dam safety upgrades and shore stabilization only. No swm plan required.
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
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?
Yes No
Comments: *
NEPA is required but is not prepared.
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.
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
What Federal Agency is involved?
NIH
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC
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?
USFWS IPaC
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?
All work is to be performed along the lake shoreline and on the Discovery Lake Dam within a closed federal gov. campus.
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:
8c. What source(s) did you use to make the floodplain determination?
FEMA FIRMette
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
Discovery Lake JDR - NIH - Durham NC.pdf 6.38MB
Discovery Lake Permit Set 9-26-23.pdf 10.93MB
File must be PDF or KMZ
Comments
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:
John J. Farrell
Signature
/Oil,/AGOtf fRftI�III
Date
2/20/2024
O