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HomeMy WebLinkAbout20241243 Ver 1_ePCN Application_20240912DW R 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, electric generation projects located at an existing or former electric generating facility, or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned Version# * 20241243 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* Winston-Salem Regional Office - (336) 776- Select Project Reviewer* 9800 Seren Homer:Seren.Homer Information for Initial Review la. Name of project: Edgewater Drive Stream Stabilization la. Who is the Primary Contact?* David Phlegar, City of Greensboro 1b. Primary Contact Email: * david.phlegar@greensboro-nc.gov Date Submitted 9/12/2024 Nearest Body of Water North Buffalo Creek Basin Cape Fear Water Classification WS-V;NSW Site Coordinates Latitude: 36.083072 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Guilford Is this a NCDMS Project Yes No Longitude: -79.835676 1c. Primary Contact Phone:* (336)373-2707 a 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: 27 - Restoration 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: NICKELS, JOHN;NICKELS, ANNA 2b. Deed book and page no.: book 8478 page 1558 2c. Contact Person: 2d. Address Street Address 3207 EDGEWATER DR Address Line 2 city Greensboro Postal / Zip Code 27403 2e. Telephone Number: (336)373-2707 2g. Email Address:* david. phlegar@greensboro-nc.gov 3. Applicant Information (if different from owner) 3a. Name: David Phlegar, Stormwater Division Manager 3b. Business Name: Water Resources Department, City of Greensboro 3c.Address Street Address PO Box 3136 Address Line 2 city Greensboro Postal / Zip Code 27402 3d. Telephone Number: (336)373-2707 3f. Email Address:* david.phlegar@greensboro-nc.gov 4. Agent/Consultant (if applicable) 4a. Name: Amber Coleman 4b. Business Name: Stantec 4c.Address Street Address 801 Jones Franklin Rd Address Line 2 Ste 300 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)457-8230 4f. Email Address: amber.coleman@stantec.com C. Proiect Information and Prior Proiect History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town Greensboro State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country US 4e. Fax Number: 2. Project Identification 2a. Property Identification Number: 7855300078 2b. Property size: 0.85 2c. Project Address Street Address 3207 Edgewater Drive Address Line 2 city Greensboro Postal / Zip Code 27403 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" North Buffalo Creek 3b. Water Resources Classification of nearest receiving water:' WS-V;NSW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020105 4. Project Description and History State / Province / Region NC Country us 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 Greensboro, Guilford County, North Carolina, located south of Edgewater Dive and west of W Avalon Drive. General land use in the vicinity includes single and multi -family residences and roadways. The Project area includes an unnamed tributary to North Buffalo Creek and adjacent streambanks and associated infrastructure. The riparian zone is a mixture of trees, lawn grass and ornamental vegetation. The streambanks are unstable, are actively eroding into the stream, and are threatening surrounding public infrastructure and private property. 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: 186 4h. Explain the purpose of the proposed project: The Edgewater Drive Stream Stabilization Project seeks to restore and stabilize approximately 154 linear feet of eroding streambanks along an unnamed tributary to North Buffalo Creek. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project proposes to improve an approximately 154 linear foot section of a currently eroding unnamed tributary to North Fork Buffalo Creek along Edgewater Drive. The project intends to stabilize the stream using boulder toe structures and native riparian plantings. Plantings will be installed along with coir fiber matting along stream banks. Boulder toe sizing and placement was based on stream flow regimes and shear stress modeling. The measures will provide bank protection while following the stream's natural sinuosity. The stream improvements will halt sediment inputs to the channel which will benefit aquatic life and water quality of receiving waters. A temporary stream crossing (bridge) will be installed to allow construction access to both sides of the channel. Following this, construction will be completed from high ground above the streambanks during low flow conditions to avoid in -stream work. However, the project will also utilize a temporary diversion dike along with a floating inlet pump and silt bag to dewater the stream section undergoing stabilization efforts to prevent the stream from coming into contact with the active work area. Please reference attached Construction Drawing Sheets details for construction details and planting schedules for the proposed stream stabilization. Equipment typical for construction and earth moving will be utilized to construct the proposed project including backhoes and trucks. Impacts include 154 linear feet of permanent stream impact from stabilization measures as well as 5,782 square feet of temporary impacts to Zone 1 Jordan Lake riparian buffers. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: One perennial stream identified during 2024 delineation 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): Amber Coleman Agency/Consultant Company: Stantec 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? No 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 O F I 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* fl Stream Stabilization Permanent Stabilization Ifft-ifal. Creek Perennial Both 15 Average (feet) 154 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 154 0 31. Total stream and ditch impacts: 154 3j. Comments: S1 impacts from permanent stabilization and revegetation efforts. 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 Z1 Stream Restoration - Exempt T UT N Buffalo Creek No 5,782 0 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 5,782.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 0.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 5,782.00 0.00 6i. Comments: Temporary Zone 1 impacts include installation of temporary stream crossing and impervious dike for dewatering efforts and also general construction efforts and access. Disturbed areas will be replanted with a native seed mix and livestakes along the stream. E. Impact Justification and Mitigation a 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Unavoidable impacts to the stream channel onsite are required to complete the project. The project was designed to provide streambank protection, keep the natural channel sinuosity and minimize permanent impacts to the streambed as much as practicable. Natural materials including native livestakes and coir matting were incorporated to minimize the use of rock. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best management practices will be employed to avoid impacts to downstream water quality from the project. All erosion control measures outlined in the approved plans and construction sequence will be installed before land disturbing activities commence. Stream impacts will be minimized by limiting in - channel work to low -flow conditions and working from high ground above streambanks. A dike dam diversion system (Construction Drawing Sheet details) will also be installed before stream stabilization activities to prevent the flowing stream from coming into contact with the proposed work area and to provide a safe construction area. A floating inlet pump and silt bag will assist in maintaining dry working conditions. Silt fence will also be installed along the LOD to ensure perimeter control. 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: The project will provide an uplift in aquatic function by reducing sediment loads to downstream waters. No permanent stream loss is anticipated. No buffer mitigation is required for the project as all riparian buffer impacts associated with the project are temporary and qualify as "Exempt" per the table of uses in 15A NCAC 0213.0267. See Avoidance and Minimization section for details. 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: No new impervious area will be added and the project will not generate stormwater runoff due to the nature of the project. Silt fence will be installed along the perimeter of the project to ensure potential stormwater runoff does not enter the tributary or other areas outside of the LOD. A stream diversion pump will be used to divert flow downstream from the project area and a silt bag will also be used to treat and disperse diked water through a vegetated area before re-entering the tributary outside of the project area if required. 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: * Municipal funds will be used. The project does not meet the SEPA minimum criteria. 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) 8 O 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. No additional development is anticipated. 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? IPaC and NCNHP were reviewed. A survey for listed species was conducted in July 2024 and no listed species or potential habitat for Schweinitz's sunflower, small whorled pogonia, or monarch butterny were found. Additional information is included in the supplemental information attached to 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 Essential Fish Habitat Mapper https://www.habitat.noaa.gov/apps/efhmapper/ accessed July 25, 2024. 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? North Carolina State Historic Preservation Office HPOWEB (http://gis.ncder.gov/hpoweb/) accessed July 10, 2024. The project is not located in or adjacent to an area that the state, federal or tribal governments have designated as having historic or cultural preservation status. 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 mapper (hftps://hazards-fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb5l996444d4879338b5529aa9cd) accessed July 25, 2024 Miscellaneous u 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 Edgewater _PCN_Attachments.pdf 21.4MB 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: Amber Coleman Signature Date 9/12/2024 0