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HomeMy WebLinkAbout20171030 Ver 1_401 Application_20170817Montalvo, Sheri A From: Montalvo, Sheri A Sent: Thursday, August 17, 2017 2:12 PM To: kbass@kbeng.org Subject: Peoples Stream Repair Attachments: Agent Authorization Form.pdf Importance: High Kris, We have received the PCN for the above, however page 12 of 12 was signed by you which will require an agent authorization form to be completed and emailed back to me in order to take the project off hold and forwarded through the review process. I have attached one for your use. Thanks Sheri Montalvo Administrative Assistant 401 & Buffer Permitting Branch Division of Water Resources North Carolina Department of Environmental Quality 919-807-6303 (office) 919 807-6494 (fax) sheri.montalvo()ncdenr.gov Physical: 512 N. Salisbury St., Ste 942-D, Raleigh, NC 27604 Mailing: 1617 Mail Service Center, Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. O�O� W A T9 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 t, Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ® Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Peoples Stream Repair 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: Preston Woods 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Ronnie T. Peoples, Carol L. Peoples 3b. Deed Book and Page No. 007495, 00952 3c. 3d. Responsible Party (for LLC if applicable): Street address: 100 Links End Dr. nn rR (a mn w Pg nR 3e. City, state, zip: Cary, NC, 27513 AUG 17 2017 3f. Telephone no.: 3g. Fax no.: MOURCE 401 & BU FER PERMITTING 3h. Email address: Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: Neighborhood HOA 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Kris Bass 5b. Business name (if applicable): Kris Bass Engineering 5c. Street address: 625 S Lakeside Dr. 5d. City, state, zip: Raleigh, NC, 27606 5e. Telephone no.: 9199601552 5f. Fax no.: 5g. Email address: kbass@kbeng.org Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0744779978 1 b. Site coordinates (in decimal degrees): Latitude: 35.804985 Longitude: - 78.838466 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 0.53 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Unnamed Tributary proposed project: 2b. Water Quality Classification of nearest receiving water: C, NSW 2c. River basin: map is available at Neuse hftp://h2o.enr.state.nc.us/admin/maps/ 3. Project Description 3a. 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 existing stream is rapidly eroding away the Peoples Residence's back yard. The stream is heavily influenced by an upstream culvert. This is causing the formation of a sediment bar that is forcing the water into the bank of the Peoples residence's backyard. The water being forced this way is causing the bank to erode and fall in. The stream is incised throughout its length and has very steep banks. 3b. List the total estimated acreage of all existing wetlands on the property: 0% 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 140 Linear Feet 3d. Explain the purpose of the proposed project: The goal of this project is to move the stream away from the eroded bank and then to rebuild the bank and stabilize the stream to prevent future erosion. This project will also provide small floodplains on both sides of the stream. 3e. Describe the overall project in detail, including the type of equipment to be used: This project will involve taking the existing incised stream and moving it away from the eroded stream bank. The eroded stream bank will be rebuilt using stone, geo-lifts, and excess soil. The rebuilt stream bank will be planted with live stakes, cuttings, and grass. This project will be making a new section of channel that is slightly narrower in certain areas and adding bankfull benches to provide a floodplain that can be accessed during larger storm events. The bankfull bench floodplains will be planted with wetland plants. This project also includes digging a new scour pool just downstream of the existing culverts. The design was completed using natural channel design techniques. The work will be accomplished using a small excavator as well as some hand tools. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: ❑ Yes ❑ No ® Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 12 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 []PMT ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland Impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ® T Restoration Unnamed Trib ® PER ❑ INT ® Corps ❑ DWQ 5 50 S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary Impacts 50 3i. Comments: This project is meant to enhance the current stream as well as save the neighborhood infrastructure around it from being damaged. Page 5 of 12 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑ PEI T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water Impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then com tete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 12 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? 61 ❑ P ®T Restoration Unnamed Trib ® No 1144 0 B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer Impacts 1144 0 6i. Comments: All buffers will be restored to a forested condition with project completion. Page 7 of 12 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Stream re -alignment is a necessity for this project to complete the restoration work. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction will be completed in the dry as much as possible and is limited to a minimal footprint. Work will be completed using small machinery and using recycled stone and woody materials from the project 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 yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you will have to fill out this entire form — please contact the State for more information. [] Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 9 of 12 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑Yes No ❑ Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project is not adding any impervious to the project site. This project is a stream restoration project that involves moving the stream away from existing structures. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. 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 ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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. El Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ 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 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: 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center, ncfloodmaps.com Applicant/Agent's Printed Name Date A icant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 12 of 12 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: 0744779978 STREET ADDRESS: 100 Links End Dr, Cary, NC 27513 Please print: Property Owner: Nathan Wagner Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Kris Bass of Kris Bass Engineering (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature ized Signature Date: �� Date: (§T rn XZ 03 Z rn rn Z rw .'A", r Yom.. •�+»thy .� *.f r�. � `V " r 0 (D -;- CD 3 .e O er! * \ C w m • Z A % -).:7 _ e ` V 0 1 REVISIONSDesigned klb,kdg z Date Description Approved Kris BOSS Engineering Peoples �eS Residence Stream Restoration Drown kb,kg 9 Raleigh, NC P Checked kb Kris Bass 919.960.1552 (c) 100 Links End Dr. n Approved Date kbass®kbeng.org Cary, NC 27513 Pini 0744779978 Title Job Class ,1G 0 Existing _ stream centerline Proposed scour pool 10 20 Feet 1 XJ vL 029434 Grade up to existing ground Proposed Vegetated Geolift Proposed Stone around and under geolifts i— Proposed Stream Vegetated Bench Existing Culverts a 3 Second Terrace Grass to be planted on slope 2.25 Proposed Stream Center Line Existing Tree Existing Top of Bank Second Terrace VEGETATED GEOLIFIF STRUCTURE NOTES: 1. Construct as directed by the Project Engineer. 2. A 2 foot thick base layer of stone is to be used when constructing the geolifts. Stone already found on site to be used. 3. Lay out coir erosion control fabric then place approximately 1 foot of soil on fabric and fold the remaining fabric on top of the soil lift. Repeat process for any addition geolifts. 4. Vegetated geolifts to be planted with willow live stakes between each geolift as well as wetland plants on top of each geolift. They should also be seeded and fertilized. 5. Any and all proposed changes shall be approved by the Project Engineer. Planting Plan Zone Species Common Name Spacing Type Quantity Bankfull Bench Juncus effusus Juncus 2' bare root 15 Bankfull Bench Panicum virgatum Switchgrass 2' bare root 15 Bankfull Bench Carex crinita Fringed Sedge 2' bare root 15 Geo -lifts Juncus effusus Juncus 2' bare root 10 Geo -lifts Carex crinita Fringed Sedge 2' bare root 10 Geo -lifts Cornus amomum Silky Dogwood 5' live stake 3 Geo -lifts Salix nigra Black Willow 5' live stake 3 Geo -lifts Platanus occidentalis American Sycamore 5' live stake 3 Upper Slopes Grass mix 4-J seed mix 400 sq. ft. Materials Required: 1. Coir erosion control matting: 3 10'x130' rolls 2. Wooden Stakes: 30 18" stakes 3. Metal Staples: 200 staples Typical Cross Section N.T.S Stone Channel Wetland plants to be planted on bench area Wetland plants and live tree cuts to be planted on geolifts Bankfull Bench to be planted with grass Grade up to existing ground Coir Matting on slope YP n C °� o° 0 Y C 3 0 Y u O U n ° v U � � C O O v7 N o0 rn as r` CD o 4-J (n � N U p M C: U v^ W N (n m U U cZ J 00 O U U) (1) 0- 0 N C,_ 1. 3' N Z 2' En 7, W. Erosion control matting wraps Stone around lift Base Layer rn C N a� C W rn N � O in U Lo c C3 Y M L( D 0 �m 01 N •� N N 01 O ,e'carOfY