HomeMy WebLinkAbout20240681 Ver 1_ePCN Application_20240514i 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# *
20240681
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
la. Name of project:
West Chatham Street Sidewalk
1a. Who is the Primary Contact? *
Chris Rivenbark
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
crivenbark@rkk.com (919)878-9560
Date Submitted
5/14/2024
Nearest Body of Water
MacGregor Downs Lake (Swift Creek)
Basin
Nauss
Water Classification
WS III; NSW
Site Coordinates
Latitude:
Longitude:
35.7829149
-78.7933092
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
O
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:
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
14 - Linear transportation
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
'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
401 Water Quality Certification - Express
Riparian Buffer Authorization
r
Yes No
Yes No
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 West Chatham Street
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
MacGregor Downs Lake (Swift Creek)
3b. Water Resources Classification of nearest receiving water:
WS III; 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.
030202011001
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 at the edge of downtown Cary, the project vicinity is developed and characterized largely by older development with a mix of recent construction. Land use is
primarily a mix of single- and multi -family residential development, and service -oriented commercial uses. Land use adjacent to the project (along the southeast side of West Chatham
Street) is single-family residential, with Cary Auto Repair at the northeastern terminus and an assisted living facility at the southwestern terminus of the project. Single-family homes are
accessed via intersecting roads (w. Park Street, Willow Street, and Ridgecrest 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
4g. List the total estimated linear feet of all existing streams on the property:
136
4h. Explain the purpose of the proposed project:
The project will improve bicycle and pedestrian access into downtown, consistent with the Cary Community Plan.
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 10-foot wide street -side trail along the southeast side of W. Chatham Street from the roundabout at Old Apex Road to High House Road, a
distance of approximately 1,450 feet. The project also includes stormwater drainage improvements with the addition of curb and gutter along the southeast side of West Chatham Street.
Grades of intersecting roads may need to be altered to tie-in to the roadway improvements.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No Unknown
Comments:
A PJD request was submitted on 1/31/2023
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-2023-00314
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 Buffers
Open Waters Pond Construction
3. Stream Impacts
6
S1
3a. Reason for impact (?)
15' & 24" RCP
3b.lmpact type*
Permanent
3c. Type of impact*
Stabilization
3d. S. name*
UT -MacGregor Downs Lake
3e. Stream Type*
(?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
15
Average (feet)
3h. Impact
liength*
17
(linear feet)
gy
15' & 24" RCP
Temporary
Bank Stabilization J
UT -MacGregor Downs Lake
Perennial
Both
15
Average (feel)
(linear feet)
15" & 24" RCP :::Permanent Bank Stabilization J
UT -MacGregor Downs Lake Perennial Both ��J
I(L.—
et)
__]
�_]
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
22 5
3i. Total stream and ditch impacts:
27
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
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Roadway Fill
P
UT -MacGregor Downs Lake
No
352
193
Pedestrian Bridge
T
UT -MacGregor Downs Lake
No
327
214
Pedestrian Bridge
P
UT -MacGregor Downs Lake
No
1,913
901
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 327.00 214.00
Zone 1 Zone 2
Total Permanent impacts: 2,265.00 1,094.00
Zone 1 Zone 2
Total combined buffer impacts: 2,592.00 1,308.00
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:
2:1 fill slopes were utilized near the proposed bridge to minimize impacts to the buffer zone, and a retaining wall and pedestrian bridge were utilized to
avoid extending the existing culvert and the associated stream impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Standard erosion and sediment control practices will be utilized during construction to keep sediment from leaving the work area and impacting the
adjacent stream/buffer.
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)
O
8
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
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Cary
Comments:
Proposed drainage has been submitted to the Town of Cary.
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 project, this project is not expected to stimulate growth.
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 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?
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
West Chatham St Permit Application Attachments.pdf 10.13MB
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
O
Signature
e" Akaw
Date
5/14/2024