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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