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HomeMy WebLinkAbout20201341 Ver 2_ePCN Application_20240306DW R DHlsloo 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# * 20201341 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: 607 Royal Street la. Who is the Primary Contact?* Dominick Smalls 1b. Primary Contact Email:* dominick.smalls@raleighnc.gov Date Submitted 3/6/2024 Nearest Body of Water Rocky Branch Basin Neuse Water Classification C;NSW Site Coordinates Latitude: 35.791251 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Longitude: -78.688357 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Kristina Morales: Kristine. Morales 1c. Primary Contact Phone:* (919)996-3940 $570.00 $767.00 Is this project a public transportation project?* Yes No 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No Please provide the date of the previous submission.' 6/17/2021 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 Nationwide Permit (NWP) Number: 18 - Minor Discharges 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 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application? * Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Gregory Willis Owen; Regina Willis; Freedom Temple of Deliverance INC 2b. Deed book and page no.: DB014167/PG02593; DB006614/PGO0674; DB006154/PGO0383 2c. Contact Person: City of Raleigh Engineering Services Department 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 607 Royal Street, 611 Royal Street, 615 Royal Street Address Line 2 City Raleigh Postal / Zip Code 27607-5421 2e. Telephone Number: (919)996-4021 2g. Email Address:* dominick.smalls@raleighnc.gov 3. Applicant Information (if different from owner) 3a. Name: Wayne Miles 3b. Business Name: City of Raleigh Engineering Services Dept./Stormwater Management 3c.Address Street Address 222 West Hargett Street Address Line 2 PO Box 590 city Raleigh Postal / Zip Code 27602 3d. Telephone Number: (919)996-3964 3f. Email Address:* wayne.miles@raleighnc.gov 4. Agent/Consultant (if applicable) 4a. Name: Chris Rogers 4b. Business Name: Timmons Group 4c.Address Street Address 5410 Trinity Rd Address Line 2 Suite #102 city Raleigh Postal / Zip Code 27607 4d. Telephone Number: (984)255-2360 0. Email Address:* chris.rogers@timmons.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Raleigh State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region North Carolina Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (919)859-5663 2. Project Identification 2a. Property Identification Number: 0794235067 2b. Property size: 0.31 2c. Project Address Street Address 607 Royal Street Address Line 2 city Raleigh Postal / Zip Code 27607-5421 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Rocky Branch 3b. Water Resources Classification of nearest receiving water:' QNSW 3c. What river basin(s) is your project located in? Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011101 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 project site is in a single-family residential area located just south of Hillsboro Street and West of Gorman Street in Raleigh, North Carolina. The project includes the properties located at 607, 611 and 615 Royal Street. Rocky Branch located on the properties is unstable and actively eroding. The stream channel has active lateral migration that is moving towards existing structures located on the properties. Approximately 170 feet of stream bed and bank have been identified for repair and improvement through the City of Raleigh Drainage Assistance Program. The watershed above the project site is comprised of both residential and commercial land use. Rocky Branch within the project area has incised and is actively eroding with significant lateral migration of the western bank. The most significant bank instability and active mass wasting is located at 607 and 611 Royal Street. The western bank has eroded to within 15 of an existing deck structure located at 607 Royal Street. Managed lawn exists on the western side of the stream providing only a shallow root system with minimal assistance to aid in bank stability. The eroded bank height ranges from 7 to 8 feet along the western face. The eastern floodplain is wooded and the bank heights range from 2.5 to 4 feet. A document titled Morphological data has been uploaded with this PCN application. The following tables along with the morphological cross sections and longitudinal profile are included in this document. The watershed to the project site has a drainage area of approximately 0.25 square miles. The regional curve data for a watershed of this size is listed in Table A. The project reach within the repair area classified as slightly entrenched E4/C4 stream. The morphological data included in Table B, was obtained from surveyed cross sections at riffle locations. 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). DWR # 1341 Ver 1 SAW-2021-01311 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 190 4h. Explain the purpose of the proposed project: * The purpose of the project is to restore the vertical bed and bank stability to the stream within the project area. The impacts that will occur on the stream and associated buffers are to repair a section of stream bank with a rock toe for stabilization, grading/benching of the adjacent stream bank, and installation of two constructed riffles for vertical stability. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Stream Bank Grading and Benching: Currently the bank erosion has scoured out a sharp bend in the stream. The diverted flow to this area is accelerating the erosion at this location and subsequently downstream. A large point bar has formed on the eastern bank. The new alignment will reconstruct the stream with an appropriate radius of curvature, designed for long term stability. Two constructed riffles have been designed to provide bed stability to the vertical profile between the upstream and downstream tie in elevations. The steep slope in this area is contributing to the current instability. The western bank will be reconstructed partially with fill. A rock toe will be constructed to reinforce the fill soils along the outside of the meander bend along the fill area. A bankfull bench has been designed on the eastern bank to reduce shear stress within the channel and outside of the meander bend in larger than bankfull events. The existing channel has a constriction at the property line between 611 and 615 Royal Street. To improve the stream function and flow capacity during large storm events, grading is proposed within the terrace slope to provide a better flow transition into the existing downstream floodplain and terrace banks. The reconstructed channel throughout the repaired reach has been designed to contain the bankfull (1.5 to 2-year) storm event. The proposed bankfull channel has been designed with a slope of 0.023 ft/ff and riffle cross section area of approximately 10.7 square feet. The stream bank corridor within the repair area will be re -vegetated. The re -introduction of vegetation to the graded channel banks and floodplain terrace slopes will aid in providing long term stability. The vegetation will be a combination of native herbaceous and woody plant species. The stabilized banks and re -vegetated corridor will additionally provide stormwater quality benefits. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: N/a No O Unknown 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): Agency/Consultant Company: Other: 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? N/a D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts 01 F 31 3a. Reason for impact (?) Rock Toe 3b.lmpact type " Permanent 3c. Type of impact* Stabilization 3d. S. name * Rocky Branch 3e. Stream Type* (?) Perennial 3f. Type of Jurisdiction* Corps 3g. S. width Average (feet) 3h. Impact length* 83 (linear feet) S2 Check Dams Temporary Other Rocky Branch Perennial Corps Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 83 6 31. Total stream and ditch impacts: 89 3j. Comments: S1: Stream stabilization will be provided on the bank through reconstruction to a typical channel cross section, rock toe reinforcement in reconstructed areas, and installation of erosion control matting and riffle construction. These impacts do not cause a loss of stream function E. Impact Justification and Mitigation O 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: This project is necessary due to the severe erosion in close proximity to an existing structure and the instability of the bank that is continuing to migrate. The repair improves water quality by stabilizing the bank and prevent additional sediment transport into the stream. The project will be limited to the eroded bank only with minimal transitions areas up and downstream. Rock Toe and vegetation stabilization techniques was selected to stabilize the stream bank. The limits of disturbance have been minimized to only the area needed to construct the repairs. Impacts to the stream buffer will be minimized by accessing the site through a narrow corridor and protecting as much existing vegetation as possible. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Pumping of normal stream flow be maintained and pumped around the site during construction activities. Bank stabilization, covering the slope with riparian seed and coir matting, erosion control mating will occur daily upon completion of bank grading. Existing vegetation will be preserved as much as 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Not part of Mitigation Bank F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: No additional development or impervious is planned for this project it is solely a stream stabilization project. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 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: * The project is being completed in an existing urban stream that is within an existing residential development. 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. No development is associated with this project. It is only a bank stabilization within an existing residential development and will improve downstream water. 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 site is an existing urban residential area that has been previously impacted by development. Open areas are currently being mowed and maintained. Habitat is not present for Wake County listed vertebrate and invertebrate endangered species with the exception of Northern Long Eared Bats. It is not anticipated that this tree removal would be an impact to critical habitat for the Northern Long Eared Bat in Wake County. Therefore, it is not anticipated that there will be any adverse impacts associated with T/E species. 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? The project is located in an urban stream. 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? The NC Historical Preservation Office website (www.hpo.dcr.state.nc.us) was searched and no sites were listed for this property. In addition, no architectural structures or archaeological artifacts were noted during preliminary surveys at the site. 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: No -rise analysis attached. Signed and dated 11-10-2023 8c. What source(s) did you use to make the floodplain determination?* (Floodmaps.nc.gov) 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 Location Map.pdf 797.08KB Morphological Data.pdf 3.84MB Table A-B.pdf 46.35KB Royal Street No -Rise Flood Study Report (11-10-23)_Signed.pdf 20.8MB 20-1341_607_Royal _Street _401_Wake.pdf 1.02MB SAW-2021-01311 - NWP_13 NWP_18 Verification.pdf 855.24KB File must be PDF or KMZ Comments Location Map Morphological Data Table A-B No -Rise Flood study document Previous Approved DWR Permit 20201341 Previous Approved Permit SAW-2021-01311 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: S. Wayne Miles Signature Date 3/6/2024