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HomeMy WebLinkAbout20241108 Ver 1_ePCN Application_20240809DW 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# * 20241108 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Central Office - (919) 707-9000 Information for Initial Review la. Name of project: Pioneer Lane Culvert Replacement la. Who is the Primary Contact?* Dan Zurlo 1b. Primary Contact Email:* dzurlo@wkdickson.com Date Submitted 8/9/2024 Nearest Body of Water Price Mill Creek Basin Catawba Water Classification C Site Coordinates Latitude: 35.053794 A. Processing Information Longitude: -80.672569 Is this project connected with ARPA funding? Yes No Please provide the DWI ARPA Funding Project Number (le: SRP-W-ARP-0321) SRP-W-ARP-21.027 County (or Counties) where the project is located: Union What amount is owed?* $240.00 $323.00 Select Project Reviewer* Sue Homewood:Sue.Homewood 1c. Primary Contact Phone:* (704)227-3416 $570.00 $767.00 Is this a NCDMS Project Yes No 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: 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 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: multiple, see attached owner information 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address see attached property owner information Address Line 2 City see attached property owner information Postal / Zip Code see attached property owner information 2e. Telephone Number: (000)000-0000 2g. Email Address:* no@email.available 3. Applicant Information (if different from owner) 3a. Name: Todd Huntsinger 3b. Business Name: Town of Indian Trail 3c.Address Street Address 315 Matthews -Indian Trail Road Address Line 2 PO Box 2430 city Indian Trail Postal / Zip Code 28079 3d. Telephone Number: (704)821-5401 3f. Email Address:* tdh@indiantrail.org 4. Agent/Consultant (if applicable) 4a. Name: Dan Zurlo 4b. Business Name: WK Dickson 4c.Address Street Address 1213 W Morehead St Address Line 2 Suite 300 city Charlotte Postal / Zip Code 28208 4d. Telephone Number: (704)227-3416 4f. Email Address:* dzurlo@wkdickson.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Indian Trail State / Province / Region see attached property owner information Country see attached property owner information 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: O 2. Project Identification 2a. Property Identification Number: see attached parcel information 2b. Property size: 2c. Project Address Street Address Address Line 2 city Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Price Mill Creek 3b. Water Resources Classification of nearest receiving water:" C 3c. What river basin(s) is your project located in? Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030202 4. Project Description and History State / Province / Region Country 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 site consists of a piped road crossing of Price Mill Creek in a low density residential area. 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: 70 4h. Explain the purpose of the proposed project:* The purpose of the project is to replace an existing, failing piped crossing of Price Mill Creek beneath Pioneer Lane with a new reinforced concrete box culvert. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:' The existing failing 50 If, 72" corrugated metal pipe supporting the Pioneer Lane crossing of Price Mill Creek will be replaced with a 401f, 14'x8' reinforced concrete box culvert that will properly convey creek baseflow. A total of 70 If/0.038 ac (Impact S1) of rip rap will be installed at the existing grade within the stream bed to stabilize the stream upstream and downstream of the new culvert. Because the rip rap will be keyed into the bed at the existing grade this impact is not considered a permanent impact and loss of waters requiring mitigation. The impact is considered temporary to account for the disturbance to the stream bed necessary for installation. The new culvert will allow for the free flow of water and aquatic life by being appropriately designed to handle flood flows. It will also be buried 1' below the stream bed to ensure the passage of aquatic life. See the attached project plans for full design details. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No ` 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): Dan Zurlo Agency/Consultant Company: WK Dickson 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 O 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 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of Jurisdiction * 3g. S. width 3h. Impact length S1 Excavation to install ttlff:] rip rap Excavation Price Mill Creek ::Iff:::t� 20 Average (reel) 70 (linear feet) :] 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 31. Total stream and ditch impacts: 70 31. Total temporary stream impacts: 70 3j. Comments: Because the rip rap will be keyed into the bed at the existing grade this impact is not considered a permanent impact and loss of waters requiring mitigation. The impact is considered temporary to account for the disturbance to the stream bed necessary for installation. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The new culvert will allow for the free flow of water and aquatic life by being appropriately designed to handle flood flows. It will also be buried 1' below the stream bed to ensure the passage of aquatic life. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The stream will be dewatered so that work can occur in the dry. And bank temporary disturbance will remediated via natural stabilization techniques. Rip rap will be used where needed to restore the most eroded bank sections above the ordinary high water mark. 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: Rip rap will be keyed into the bed at the existing grade this impact is not considered a permanent impact and loss of waters requiring mitigation. The impact should be considered temporary to account for the disturbance to the stream bed necessary for installation. 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 If no, explain why: Project is not within a NC state riparian buffer area. 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: G. Supplementary Information 0 V a a 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: * ARPA funded projects are exempted from NEPA requirements. 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. Project is a single and complete culvert replacement. No future development is proposed. 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. Asheville 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? The Carolina heelsplitter is known to occur in Union County, however its range has been reduced to only the Goose Creek and its tributaries within the Yadkin -Pee Dee watershed. There are no current records of the heelsplitter within this watershed. 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? SHPO GIS data. See attached figure. 8. Flood Zone Designation (Corps Requirement) Be. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: Project does not propose to change floodplain elevations. Be. What source(s) did you use to make the floodplain determination?" FEMA firm panel 3710449700J Miscellaneous O 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 Pioneerl-ane_PermitPlans.pdf 4.76MB Species List_ Asheville Ecological Services Field Office.pdf 959.72KB NWI Pioneer Lane.pdf 552.89KB SHPO Pioneer Lane.pdf 592.88KB Soils Pioneer Lane.pdf 578.74KB Topo Map Pioneer Lane.pdf 317.61KB Aerial Map Pioneer Lane.pdf 552.29KB FEMA Pioneer Lane.pdf 505.68KB Parcel Info.pdf 15.65KB 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: Daniel Zurlo Signature Oaa-wl Z'"lo Date 8/9/2024 O