Loading...
HomeMy WebLinkAbout20240834 Ver 1_ePCN Application_20240614DWR 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# * 20240834 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 1a. Name of project: Lower Longview Streambank Stabilization 1a. Who is the Primary Contact?* Kyle Bucher 1b. Primary Contact Email: * Kyle. Bucher@raleighnc.gov Date Submitted 6/14/2024 Nearest Body of Water Longview Branch Basin Nauss Water Classification QNSW Site Coordinates Latitude: 35.786039 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: -78.593862 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Kristina Morales: Kristina. Morales 1c. Primary Contact Phone:* (919)996-4068 $570.00 $767.00 Q `I 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: 13 - Bank Stabilization Nationwide Permit (NWP) Number: 27 - Restoration NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization 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: 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 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.: DB 014858 DP 02270 2c. Contact Person: Kyle Bucher 2d.Address Street Address 127 W Hargett Street Address Line 2 8th Floor City State / Province / Region Raleigh NC Postal / Zip Code Country 27601 USA 2e. Telephone Number: (919)996-4068 2g. Email Address:* Kyle. Bucher@raleighnc.gov 2a. Name(s) on recorded deed: ENGAGE4FUNLLC 2b. Deed book and page no.: DB 018315 DP 02459 2c. Contact Person: Brad Dinkel 2d.Address Street Address 2775 Milburnie Rd. Address Line 2 city Raleigh Postal / Zip Code 27610-1211 2e. Telephone Number: (919)413-3252 2g. Email Address:* di n kel.market@gmail.com 2a. Name(s) on recorded deed: Bumgarner, Tom J 2b. Deed book and page no.: DB 13-E DP 03716 2c. Contact Person: 2d. Address Street Address 217 N Peartree Ln. Address Line 2 city Raleigh Postal / Zip Code 27610-1825 2e. Telephone Number: (919)606-0812 2g. Email Address: cameronleebumgarner@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Kyle Bucher 3b. Business Name: City of Raleigh 3c. Address Street Address 127 W Hargett Street Address Line 2 8th Floor city Raleigh Postal / Zip Code 27601 3d. Telephone Number: (919)996-4068 3f. Email Address:* Kyle. Bucher@raleighnc.gov 2f. Fax Number: State / Province / Region NC Country United States 2f. Fax Number: State / Province / Region NC Country United States 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: 4. Agent/Consultant (if applicable) 4a. Name: Alex Domiano 4b. Business Name: Ecosystem Planning and Restoration 4c.Address Street Address 1150 SE Maynard Road Address Line 2 Suite 140 City State / Province / Region Cary NC Postal / Zip Code Country 27511 USA 4d. Telephone Number: 4e. Fax Number: (630)441-0156 4f. Email Address:' adomiano@eprusa.net C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (If appropriate) 1c. Nearest municipality / town: Raleigh 2. Project Identification 2a. Property Identification Number: 2b. Property size: 1724014398 0.99 2c. Project Address Street Address 2596-2598 Albermarle Ave Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27610 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Longview 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. 030202010804 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 Lower Longview Stream Stabilization project includes stabilizing two Sites at the outlet of the Lower Longview Lake dam, located in Wake County, North Carolina. The Project Sites are located at the outlet of the dam on Albermarle Road, and at the outlet of the culvert running under Milburnie Road approximately 400 feet downstream of the dam. The project will involve stream stabilization measures, including bank armoring and grade control structures, at the upstream location. The downstream location will involve replacing the existing retaining wall with a stacked rock wall, and use of backfill and permanent liner to fix the erosion behind the existing wall. Land use in the vicinity of the project include Dam outlet flows surrounded by residential neighborhoods for Site 1, and residential neighborhood around Site 2. Both project Sites are located within the city limits of Raleigh. 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: 542 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to repair existing bank failure and stop undermining of the retaining wall at the outlet of the culvert under Milbumie Road. The project will include strategies to prevent future bank failure from occurring, using various structures, channel realignment, seeding, and planting at the Sites. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Streambank stabilization practices will involve bank protection using stacked boulder walls, removal of the existing retaining wall and, reconnection of the stream to a floodplain to help dissipate energy from larger flow events. Equipment used will include a trackhoe and dump truck to haul material on and off Site. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No G 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): Agency/Consultant Company: 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 F S1 3a. Reason for impact (?) Streambank Stabilization 3b.lmpact type* Permanent 3c. Type of impact* Bank Stabilization J 3d. S. name* Longview Branch 3e. Stream Type* (?) Perennial 3f. Type of Jurisdiction* Corps 3g. S. width 15 Average (feet) 3h. Impact length* 66 (linear feet) S2 Stream Repair Permanent Relocation Longview Branch Perennial Corps 15 Average (feet) t53 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 219 0 31. Total stream and ditch impacts: 219 3j. Comments: Stream channel impacts will be due to repair activities to better stabilize the streambanks. Proposed activity will focus on structure stabilization and channel dimension repair. 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 Allowable upon Authorization T Longview Branch No 10,200 2,389 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 10,200.00 2,389.00 Zone 1 Zone 2 Total Permanent impacts: 0.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 10,200.00 2,389.00 6i. Comments: Buffer impact will be due to streambank stabilization repairs. Proposed repair activity will include floodplain grading to provide bank stabilization and reduce energy from high flow events. Proposed stabilization work will include in stream structures, grading, and a seeding/planting plan. E. Impact Justification and Mitigation O 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: There will be no impacts to wetlands onsite. Stream channel impacts will be due to streambank stabilization activities. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction equipment will have no access to the stream itself, and erosion control practices will be used to minimize any potential impacts from sediment run off during construction. For additional information, see the construction plans and specifications. 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: Stream work being done on site is to improve water quality and streambank stability overall. Compensatory Mitigation is not required due to no adverse impacts occurring to the stream or wetlands. F. Stormwater Management and Diffuse Flow Plan (required by DWR) O 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: The riparian buffers that are temporarily impacted will not cause concentrated flow though the buffer areas. All areas within the limits of grading will be replanted with riparian vegetation and all areas within the limits of disturbance will be re -seeded with temporary and permanent seeding. The design limits tree removal within the limits of disturbance through grading adjustments and tree protection fencing. G. Supplementary Information O 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: * Applicable databases were searched and any results have been included 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 does not include development. 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 Unknown 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 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 (accessed November 16, 2023) NCNHP (accessed November 16, 2023) Species Conclusion table submitted to USFWS - Raleigh Office on December 7, 2023 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 Habitat 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 HPOWEB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: The project exists within a FEMA floodplain but the controlling water is Crabtree Creek. Therefore no modeling or coordination to meet FEMA CLOMR/LOMR is not necessary. 8c. What source(s) did you use to make the floodplain determination? (DFIRM) Panel 3720171400K effective July 19th 2022 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 PDF_PCN_20240610.pdf 20.87MB 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 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: Alex S. Domiano Signature Date 6/14/2024 8