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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