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HomeMy WebLinkAbout20240559 Ver 1_ePCN Application_20240412DWR 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 Charge 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 ortransmission ofenergy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned Versiorl 20240559 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 1 a. Name of project: Thornton Road Boating Access Area 1 a. Who is the Primary Coni Christopher Wingenbach 1 b. Primary Contact Eni christopher.wingenbach@nGwildlife.org Date Submitted 4/12/2024 Nearest Body of Water Neuse River Basin Nauss Water Classification QNSW Site Coordinates Latitude: 35.9020 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: -78.5401 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Kristina Morales: Kristina. Morales 1 c. Primary Contact Phone:* (984)297-3885 $570.00 $767.00 Is this project a public transportation project?* Yes No Ia. 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 PCIM previously been submitted?* Yes No I b. 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: 36 - Boat Ramps NWP Numbers (for multiple NWPS): 1 d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 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: If. Is this an after -the -fact permit application? * Yes No Ig. 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 I h. 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) 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.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: Stephen Bentley, Raleigh Parks Department Director 2d. Address Street Address 222 W. Hargett Street Address Line 2 Suite 608 city State / Province Region Raleigh NC Postal I Zip Code Country 27601 USA Yes No Yes No 2e. Telephone Number: (919)996-3285 2g. Email Address:* stephen.bentley@raleighnc.gov 3. Applicant Information (if different from owner) 3a. Name: Christopher Wingenbach 3b. Business Name: NC Wildlife Resources 3c. Address Street Address 1751 Varsity Dr Address Line 2 city Raleigh Postal / Zip Code 27606 3d. Telephone Number: (984)297-3885 3f. Email Address: christopher.wingenbach@ncwildlife.org 4. Agent/Consultant (if applicable) 4a. Name: Gary Gardner 4b. Business Name: NC Wildlife Resources 4c. Address Street Address 1751 Varsity Dr Address Line 2 city Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)707-4091 4f. Email Address: gary.gardner@ncwildlife.org C. Project Information and Prior Project History 1. Project Information I b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Raleigh 2. Project Identification 2a. Property Identification Number: 1738647227 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 66.50 1:21 2c. Project Address Street Address 6100 THORNTON RD Address Line 2 city Raleigh Postal / Zip Code 27616 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Neuse River 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. 030202010704 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 parcel is owned by the City of Raleigh and is being used as a parking area for the Neuse River Greenway which passes through. The land is also being used to store leaves seasonally for maintenance as well as to provide a growth space for native plants. The remainder of the site is filled with forest and some minor paths crossing through. The project vicinity includes the parking area, leaf storage, and forest. The land classifications include forest land, herbaceous cover and shrubland, and linear drainage. 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: 0 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The purpose is to provide public fishing access directly to the Neuse River. Currently, the river has two accesses in the area: the first being over 4.5 miles upstream near the Falls Lake Dam; the second being over 5 miles downstream near the 540 crossing. Without the proposed access location, there are nearly 10 miles between river accesses for a person to navigate. Adding the new location will open up numerous additional fishing opportunities and shortens potential river miles for quicker, safer trips. In addition, the NC Wildlife Resources Commission is seeking to improve access for district biologists to complete surveys of the river. Currently, the river access south of the site is the first access to the river after the dam, leaving 10 miles of river inaccessible until launching from that location. Adding in a launch point between the current access and the dam would give staff greater ease in accessing the river, improving the safety of performing these surveys as well as reducing the time required to complete them. This improvement will save the state money, time, and potential injury by providing more robust access to the river. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project will include the construction of a small, 15-ft concrete boat ramp on the east side of the greenway which will provide float fishing and shoreline fishing opportunities. This ramp will be separated from the western side of the greenway with a removable bollard which will be accessible to NCWRC staff to use to launch survey boats. On the western side, the ramp will be serviced with a parking lot which includes ADA parking and a loading/unloading zone. A gravel access road will provide vehicular access to this parking lot from the existing. NCWRC will be responsible for the construction of the parking lot and boat ramp. The boat ramp construction will be conducted from the land using a back -hoe to push the concrete ramp, pre -cast on land, over gravel laid over the existing ground and riverbed, minimizing impacts. The ramp will be flanked by two retaining walls to reduce river -side earthwork. The access road will be constructed by the City of Raleigh and will consist of a gravel surface laid over compacted earth. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No G Unknown Comments: 5b. Ifthe Corps made ajurisdictional determination, whattype ofdetermination 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): Michael Hall Agency/Consultant Company: Other: DWR Raleigh Regional Office 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? D. Proposed Impacts Inventory 1. Impacts Summary I a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts F1 3a. Reason for impa 3c. Type of impact* _]��name* �3e. Stream Type* 7 M 3f. Type of Jurisdiction 3g. S. width 3h.gI len �] Ramp Installation Other Neuse Corps 31. Total jurisdictional ditch impact in square feet: 0 3L Total permanent stream impacts: 31. Total temporary stream impacts: 82 0 3L Total stream and ditch impacts: 82 3j. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 16b. Impact Type 116c. Per or Temp ]��Stntam name 116e. Buffer mitigation requi 16f. Zone 1 impact ]16g. Zone 2 impact 131 - i. Grading only in Zone 2 F I�Neuse River lNo 10 F5 �B2 - dd. shoreline stabilization _1P ]�Neuse River lNo 1310 E 133 - ff. E+SC devices IT ]�Neuse River lNo 190 F5 1�134 - ss. 15-ft ramp/access F ]�Neuse River _���INo ���1765 1(30 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 90.00 75.00 Zone 1 Zone 2 Total Permanent impacts: 1,075.00 635.00 Zone 1 Zone 2 Total combined buffer impacts: 1,165.00 710.00 6i. Comments: E. Impact Justification and Mitigation a 1. Avoidance and Minimization I a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The boat ramp construction will be conducted from the land using a back -hoe to push the concrete ramp, pre -cast on land, over gravel laid over the existing ground and riverbed, minimizing impacts. The ramp will be flanked by two retaining walls to reduce river -side earthwork. Overall construction has been minimized in the buffer area and trees have been avoided to the extent possible. The ramp design has been fine-tuned to minimize earthwork conducted, only gravel fill will need to be placed, no significant cut will need to be made into the existing riverbed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The boat ramp will be constructed from the land using machinery to push the concrete ramp, pre -cast on land, over gravel laid over the existing ground and riverbed, minimizing impacts to the riverbed and buffer area. 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 do not exceed requirements for mitigation 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: There is no need to alter existing conveyances and annual runoffvolume after development is less than 10% higherthan the annual runoff volume before development. 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: * Low expenditure, land -disturbing activity <1 0 acres, state activity not federal 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 WaterorWetland 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. 0- 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 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 constructionlinstallation 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? NCWRC performed a habitat survey around the proposed construction site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No i What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NCWRC performed a habitat survey around the proposed construction site. 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? Contacted NCSHPO and received the all -clear. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEIVIA-designated 1 00-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: No structures being built 8c. What source(s) did you use to make the floodplain determination? FEIVIA map portal Miscellaneous 9 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 hem to attach document ACOE Docs Combined.pdf 19.97MB 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 Acr'); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Acf'); 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: Christopher Wingenbach Signature Date 4/12/2024