HomeMy WebLinkAbout20090015 Ver 4_ePCN Application_20240308i DWR
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# *
20090015 4
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Zachary Thomas:zachary.thomas
Information for Initial Review
la. Name of project:
COURTESY COPY Simmons Br Drain. Imp. Proj. Ph 2 — Scour Repair at 3609 Swift Dr.
la. Who is the Primary Contact?*
Erik Mayr
1b. Primary Contact Email: *
erik.mayr@raleighnc.gov
Date Submitted
3/8/2024
Nearest Body of Water
Simmons Branch
Basin
Nauss
Water Classification
C-NSW
Site Coordinates
Latitude: Longitude:
35.769609-78.704411
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
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
1c. Primary Contact Phone:*
(919)996-4077
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:
Nationwide Permit (NWP) Number:
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
03 - Maintenance
33 - Temporary Construction
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 forthe 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:
City of Raleigh
2b. Deed book and page no.:
NA- Within Permanent Drainage Easement at 3609 Swift Drive
2c. Contact Person:
Erik Mayr
2d.Address
Street Address
127 West Hargett Street
Address Line 2
city State / Province / Region
Raleigh NC
Postal / Zip Code Country
27601 USA
Yes No
Yes No
2e. Telephone Number:
(919)996-4077
2g. Email Address:*
erik.mayr@raleighnc.gov
3. Applicant Information (if different from owner)
3a. Name:
City of Raleigh
3b. Business Name:
3c. Address
Street Address
127 West Hargett Street
Address Line 2
City
Raleigh
Postal / Zip Code
27601
3d. Telephone Number:
(919)996-4077
3f. Email Address:
erik.mayr@raleighnc.gov
4. Agent/Consultant (if applicable)
4a. Name:
Brett Feulner
4b. Business Name:
Dewberry Engineers
4c.Address
Street Address
2610 Wycliff Road
Address Line 2
City
Raleigh
Postal / Zip Code
27607
4d. Telephone Number:
(919)746-9553
4f. Email Address:*
bfeulner@dewberry.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
NA
1c. Nearest municipality I town:
Raleigh
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
NA NA
2c. Project Address
Street Address
3609 SWIFT DR
Address Line 2
City
Raleigh
Postal / Zip Code
27606
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Simmons Branch
3b. Water Resources Classification of nearest receiving water:
C-NSW
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
Wake
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: *
Simmons Branch flows between Swift Drive and numerous single family residential structures within a residential neighborhood within the City of Raleigh. There are multiple culverts that
cross Simmons Branch that convey driveways to the residences.
A previous City of Raleigh Project was conducted for the purpose of culvert maintenance, and bank stabilization.
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 2009-00064
DWR #09-0015
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
50
4h. Explain the purpose of the proposed project:"
The purpose of the project is to address erosion and scour within Simmons Branch at the outlet of a culvert that is located under a private driveway.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The project will include the removal of riprap at the end of a concrete culvert within Simmons Branch. A 30 foot by 7 foot concrete apron will be installed at the culvert outlet to address the
scour within the stream channel. Class 1 riprap will be installed at the end of the concrete apron. Typical construction equipment, including excavators are anticipated to be used for project
construction. The contractor is expected to use sand bags with a pump around during construction so that construction will occur in dry conditions.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
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): Lauren Cobb
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes
Environmental Services, Inc
OO 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?
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
❑
3a. Reason for impact (?)
3b.lmpact type "
3c. Type of impact'" �3�name*
��3e.
Stream Type *
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Fill- concrete pad
Permanent
Fill
Simmons Branch
Perennial
Both
15
Averege (feet)
30
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
30
3i. Total stream and ditch impacts:
30
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The purpose of the project cannot be addressed without working within Simmons Branch. A concrete pad that is the smallest size practical has been
chosen that will address scour and erosion.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Project construction will occur under dry conditions, limiting potential sedimentation within Simmons Branch.
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:
Impacts are below the threshold requiring mitigation. Additionally, Simmons Branch has already been filled with riprap. The project involves replacing the riprap with a concrete pad.
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:
O
O
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 involves maintenance to an existing facility by the City of Raleigh.
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 involves maintenance to an existing facility adjacent to a residential street. Area surrounding the project is already developed.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No
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?
Correspondence with the USFWS and review of the NC Natural Heritage Program Elemental Occurrences database, review of on field conditions
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?
NOAA Essential Fish Mapper
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?"
NC SHPO
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
Miscellaneous
N
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
SimmonsBranchPCNDocumentation. pdf 3.42MB
File must be PDF or KMZ
Comments
Attached is a location map, site photo of the scour, and Repair Plan Sheets
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:
Brett Feulner
Signature
Date
3/8/2024
O