HomeMy WebLinkAbout20240651 Ver 1_ePCN Application_20240506DW 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# *
20240651 1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Central Office - (919) 707-9000
Rob Ridings:rob.ridings
Information for Initial Review
1a. Name of project:
Optimist Farm Road Sidewalk (West)
1a. Who is the Primary Contact?*
Chris Rivenbark
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
crivenbark@rkk.com (919)878-9560
Date Submitted
5/6/2024
Nearest Body of Water
Camp Branch
Basin
Neuse
Water Classification
C: NSW
Site Coordinates
Latitude: Longitude:
35.662422-78.763924
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
Is this project a public transportation project?*
Yes No
Is this a NCDOT 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: 03 - Maintenance
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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
'Id. 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:
Town of Cary
2b. Deed book and page no.:
2c. Contact Person:
Amir Nezarati, PE
2d. Address
Street Address
Town of Cary -Transportation Department
Address Line 2
P.O. Box 8005
city
Cary
Postal / Zip Code
27512-8005
2e. Telephone Number:
(919)380-4235
2g. Email Address:*
amir.nezarati@carync.gov
4. Agent/Consultant (if applicable)
4a. Name:
Chris Rivenbark
4b. Business Name:
RK&K
4c.Address
Street Address
8601 Six Forks Road
Address Line 2
Forum 1- Suite 700
city
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
(919)878-9560
4f. Email Address:*
crivenbark@rkk.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Cary
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
Multiple parcels along Optimist Farm Road
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Camp Branch
3b. Water Resources Classification of nearest receiving water:
C: NSW
3c. What river basin(s) is your project located in?*
Neuse
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
State / Province / Region
Country
I
3d. Please provide the 12-digit HUC in which the project is located.
030202010901
4. Project Description and History
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 is located in the southern -most noncontiguous area of the Cary corporate limits. Land use includes single- and multi -family residential, schools, and parks. The proposed
sidewalk is adjacent to West Lake Elementary School and The Heritage subdivision. A wooded buffer extends along Optimist Farm Road.
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:
0.0
4g. List the total estimated linear feet of all existing streams on the property:
75
4h. Explain the purpose of the proposed project:"
The project will improve safety and mobility to area schools and the Middle Creek Park.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The Town of Cary proposes to construct a sidewalk along the south side of Optimist Farm Road from West Lake Road to Glade Hill Drive, adjacent to West Lake Elementary and Middle
Schools. The project also includes widening along the south side of the road. The project length is approximately 1,500 feet. Crosswalks and pedestrian pushbuttons will be added to the
Optimist Farm Road / West Lake Road signal. The sidewalk location will accommodate future widening of Optimist Farm Road.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
A delineation concurrence was received on 8/3/2023
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-2023-00315
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Hal Bain, Gordon Marsh
Agency/Consultant Company: RK&K
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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
3. Stream Impacts
u
F
S1
S2
3a. Reason for impact (?)
Dual 60" RCP -LT
Dual 60" RCP-RT
3b.lmpact type*
Temporary
Permanent
3c. Type of impact*
Dewatering
Culvert
3d. S. name*
UT to Camp Branch
UT to Cam Branch
P
3e. Stream Type*
?)
Perennial
Perennial
3f. Type of
Jurisdiction*
Both
Both
3g. S. width
5
Average (feet)
5
Averege (feet)
3h. Impact
length*
7
(linear feet)
18
(linear feet)
S3
Dual 60" RCP-RT
Permanent
Bank Stabilization
UT to Camp Branch
Perennial
Both
Averege (feet)
29
(linear feet)
S4 Dual 60" RCP-RT Temporary Bank Stabilization UT to Camp Branch Perennial Both 5 14
Average (feet) (linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
47 21
3i. Total stream and ditch impacts:
68
3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basirl
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Dual 60" RCP -LT
T
UT to Camp Branch
No
256
0
Dual 60" RCP-RT
T
UT to Camp Branch
No
970
229
Dual 60" RCP-RT
P
UT to Camp Branch
No
191
79
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 1,226.00 229.00
Zone 1 Zone 2
Total Permanent impacts: 191.00 79.00
Zone 1 Zone 2
Total combined buffer impacts: 1,417.00 308.00
6i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Project minimizes impacts to existing streams and buffers by using steepest allowable (2HA V) side slopes through stream crossing and by utilizing a
headwall at the end of the pipe extension to minimize impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Standard erosion control measures will be utilized to minimize sedimentation in the stream channel. During construction stream flow will be maintained
by leaving a portion of the channel and one pipe open at all times utilizing impervious dikes at the upstream end of the existing pipes and through the
work 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:
Proposed impacts to jurisdictional resources do not exceed the compensatory mitigation threshold.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
0
`1
O
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
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
Comments:
Project construction will disturb less than 1.0 ac.
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
Comments:'
The project is funded by the Coronavirus State and Local Fiscal Recovery Funds program and no other Federal funds. In accordance with a streamlined
process for recipients to undertake certain projects that are expected to pose less financial, compliance, and environmental risk, recipients are not
required to conduct NEPA environmental reviews.
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.
Due to the minimal transportation impact resulting from this sidewalk project, this project is not expected to stimulate growth. The project is intended to
serve existing development, including several schools, a park, and residential neighborhoods.
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
Unknown
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?
USFWS IPaC, NC North Carolina Natural Heritage Program. 2024. Natural Heritage Data Explorer [web application]. Field habitat assessments and
surveys. Information to assist with an Informal Section 7 Concurrence/Conference Request is included with this application.
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 EFH 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 State Historic Preservation Office GIS Web Service
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 Floodplain Maps
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
Optimist West Permit Application Attachments.pdf 9.74MB
File must be PDF or KMZ
Comments
The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this Clean Water Act Section 401 certification request within the applicable reasonable period
of time.
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:
Mack Christopher Rivenbark III
Signature
Date
5/6/2024
L