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HomeMy WebLinkAbout20181199 Ver 1_401 Application_20180828Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 8/28/2018 10:10:31 AM (Start Event) Accept by Montalvo, Sheri A 8/30/2018 11:17:12 AM (Non DOT Initial Review) The task was assigned to Montalvo, Sheri A. The due date is: August 31, 2018 5:00 PM 8/28/2018 10:12 AM DWR Division of water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govMaterResources/0/edocl6247041PCN%20Help%20File%202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Orange Is this project a public transportation project?* f Yes f• No This is any publicly funded by nunicipal,state or federal funds road, rail, airport transportation project. 1a. Type (s) of approval sought from the Corps:* V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* IJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits. All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form. Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Number Other: List all IWV nurrbers you are applying for not on the drop down list. 1c. Type(s) of approval sought from the DWR:* check all that apply IJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express F Non -404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit * 1d. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: O Yes O No For the record only for Corps Permit: O Yes O No 1e. 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 f Yes C No 1f. Is the project located in anyof NC's twentycoastal counties?* r Yes C No 1h. Is the project located in a designated trout watershed?* f Yes f• No Link to trout information: http://vmw.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Bruce Runberg 1b. Primary Contact Email:* brunberg17@gmail.com 1c. Primary Contact Phone:* (xxx)xxx-xxxx (919)928-4413 1d. Who is applying for the permit? ❑ Owner r Applicant (other than owner) rJ Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: CHAPEL HILL POST NO 6 AMERICAN LEGION INCORPORATED 2b. Deed book and page no.: Deed book 60 page 483 2c. Responsible party: (for Corporations) Bruce Runberg 2d. Address Street Address PO Box 2323 Address Line 2 city Chapel Hill Fbstal / Zip Code 27515 2e. Telephone Number: (xxx)xxx-xxxx 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* brunberg17@gmail.com 2a. Name(s) on recorded deed: CHAPEL HILL POST NO 6 AMERICAN LEGION INCORPORATED 2b. Deed book and page no.: 6426/52 State/ Province/ Fbgion NC Country USA 2c. Responsible party: (for Corporations) Bruce Runberg 2d. Address Street Address PO Box 2323 Address Line 2 City State / Province / Fbgion Chapel Hill NC Fbstal / Zip Code Country 27515 2e. Telephone Number: (xxx)xxx-xxxx 2f. Fax Number: (XXX)XXX-)O= 2g. Email Address:* brunberg17@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Karen Hall 4b. Business Name: (if applicable) Biocenosis, LLC 4c. Address Street Address P.O. Box 1124 Address Line 2 City State / Province / Region Pittsboro NC Fbstal / Zip Code Country 27312 USA 4d. Telephone Number: (919)726-0025 (xxx)xxx-xxxx 4e. Fax Number: (xxx)xxx-xxxx 4f. Email Address:* karen@biocenosis.org Agent Authorization Letter* Rease provide the Agent Authorization Letter if you are subnitting this docurrent. Agent authorization letter.pdf 558.46KB RLE TYPE MIST BE RDF C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* American Legion Post Facility 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town:* Chapel Hill 1d. Driving directions* If it is a new project and can not easily be found in a GPS napping system Pease provide directions. The street address is 3702 NC -54 , Chapel Hill NC and can be found on GPS mapping system. 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 9749-10-1791 2b. Property size: (in acres) 59 acres 2c. Project Address Street Address 3702 NC -54 Address Line 2 City State / Province / Region Chapel Hill NC Postal / Zip Code Country 27516 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.9241667 -7919500000 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Collins Creek 3b. Water Resources Classification of nearest receiving water:* Haw River Unprotected watershed Surface Water Lookup 3c. What river basin(s) is your project located in?* Cape Fear River Basin Lookup 4. Project Description 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 current use is agricultural land. Pasture and forest land exist currently on both parcels. No livestock operations currently. Fields likely used for hay production. The site varies in height around the property with undulating topography throughout the site. The slope analysis of the site determined that the majority of the site was below 10% in grade with localized areas of grades that exceeded 25%. Streams exist on the property and one access road to the fields exist with a culvert crossing of a perennial stream. 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) click the upload button or drag and drop files here to attach document USGS QUAD MAP 2.pdf File type must be pdf 646.47KB 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) gick the upload button or drag and drop files here to attach document Soils Map.pdf 582.22KB File type mast be pdf 4d. List the total estimated acreage of all existing wetlands on the property: 0 4e. List the total estimated linear feet of all existing streams on the property: (internittent and perennial) -5,000 4f. Explain the purpose of the proposed project:* Chapel Hill Post 6 American Legion wants to build a new and larger facility on this former agricultural land. The facility will be located on high ground with parking lot and paved road to the facility. An environmental assessment was performed and is attached to this application. 4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Approximately 375,000 square feet of land will be cleared with grading equipment to build a new American Legion facility on this site. 1,350 feet of road will also be created. No wetlands will be impacted. One stream crossing is proposed across a perennial stream (see plan sheets for details). This is the only anticipated impact for this project. Standard erosion control measures will be implemented working with Orange County. 4h. Please upload project drawings for the proposed project. click the upload button or drag and drop files here to attach docurrent 20180615 - Plan Set revised.pdf File type must be pdf 5. Jurisdictional Determinations 16.94MB 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: No wetlands in the proposed impact areas. A perennial stream will be crossed. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Unknown r N/A Corps AID Number: Bcample: SAW -2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Karen Hall Biocenosis 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. March 28, 2018 5dl. Jurisdictional determination upload Click the upload button or drag and drop files here to attach docurrent Stream call.pdf 1.31 MB File type mist be FDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? f Yes C No r Unknown 7. Future Project Plans 7a. Is this a phased project?* r Yes G 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. N/A D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): F Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 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. Reason for impact*3b.lmpact 3c. Type of impact*3d. Stream name * 3e. Stream type * Type * S1 Road Crossing P Culvert Unnamed trib Perennial Ivbp label (e.g. Fbad Grossing Permanent (P) or Perennial (R5� or 1) Temporary (T) intermittent (INT) * All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 87 3i. Total temporary stream impacts: 0 3i. Total stream and tributary impacts: 87 3j. Comments: Culvert crossing details are located on plan sheets. E. Impact Justification and Mitigation 3f. Type of 3g. Stream 3h. Impact sgfe Jurisdiction* width* length* Both 18 87 1 Average (linear feet) , (feet) 5 6 6 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* The facility is being built on higher elevation and away from streams. In order to access the property, a perennial stream must be crossed so the roads will be built as narrowly as possible to limit disturbance to the stream channel. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Erosion control measures will be in place during culvert installation to prevent sedimentation downstream. Land clearing will be kept to a minimum. See plan sheets for more details. 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? f Yes C No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The stream crossing is less than 150 feet. F. Stormwater Management and Diffuse Flow Plan (required by DWR) — Recent changes to the stormwater rules have required updates to this section ."" 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? r Yes C No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: Orange County is responsible for buffers within the county and they are working with the consulting engineering firm regarding buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* r Yes r No To look up low density requirement click here 15A NCAC 02H.1003(2) 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?* r Yes t: No 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)?* r Yes C No 2b. Is this an after -the -fact permit application?* r Yes C No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This is a single, stand alone facility and no additional development is anticipated in the future. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* f• Yes r NorNSA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The site will be designed to include a standard septic system to service the American Legion facility and a caretaker residence. The system will utilize a tank and leaching field to dispose of sanitary wastes. The site consists of Appling sandy loam and Georgeville silt loam soils. These soils are classified within the hydrologic soil group B. The Web Soil Survey was accessed for site data in regards to septic tank installation. The site is somewhat limited in septic tank capabilities and will need to be analyzed by a soil scientist to determine the best locations on site to install the septic system. After the septic design is completed, an application will need to be filed with Orange County to review the proposed location and design of the system. 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? r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* f Yes r No 5d. Is another Federal agency involved?* r Yes G No r Unknown 5e. Is this a DOT project located within Division's 1-8?* f Yes C No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? 6 Yes r No 5g. Does this project involve bridge maintenance or removal? f Yes G No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?* f Yes r 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.? r Yes G No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US FWS Endangered, threatened and FSC GIS Database US FWS Critical Habitat mapper Natural Heritage Database 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* f Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Habitat Conservation Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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)?* F Yes f No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A documented cemetery exists on site. It is located within a stand of trees near the center of the backfield of the property. The cemetery is documented as the Bivins Family Cemetery by a survey performed by Mary Claire Engstrom and Shelton Ray on October 4, 1976. There are potentially 25 graves within the site. The gravesite will be avoided and not impacted by the facility. it is marked on the plan sheets. NC SHPO GIS Database Digital Archaeological Record Database 7c. Historic or Prehistoric Information Upload (lick the upload button or drag and drop files here to attach docurrent File must be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* f Yes C No 8c. What source(s) did you use to make the floodplain determination?* The site contains areas at risk to flooding as per the FEMA flood maps. Zone AE exists on the site and is delineated on FEMA Flood Map 3710974900J. However, the facility will be built in higher elevations and not in the floodplain. Miscellaneous Miscellaneous attachments not previously requested. (lick the upload button or drag and drop files here to attach docurrent AMLG1701 EA Report.pdf 213.95KI3 File mast be FDF or KNE Signature P By checking the box and signing below, I certify that: ■ 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:* Karen Renae Hall Signature Wa ft(( Date Submitted: 8/28/2018 Initial Review Is this project a public transportation project?*(?) f Yes r No Change only ff needed. Has this project met the requirements for acceptance in to the review process? * r Yes r No BIMS # Assigned 20181199 Version#* Reviewing Office* Raleigh Regional Office - (919) 791-4200 Select Project Reviewer* Stephanie Goss:eads\szgoss Is a payment required for this project?* f No payment required r Fee received r Fee needed - send electronic notification What amout is owed?* r $240.00 f $570.00 9 Custom Soil Resource Report Soil Map 397480039751003975400397570039760003976300397660039769003977200397750039748003975100397540039757003976000397630039766003976900397720039775003977800662300 662600 662900 663200 663500 663800 664100 664400 662300 662600 662900 663200 663500 663800 664100 664400 35° 55' 51'' N 79° 12' 11'' W35° 55' 51'' N79° 10' 37'' W35° 54' 10'' N 79° 12' 11'' W35° 54' 10'' N 79° 10' 37'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 500 1000 2000 3000 Feet 0 200 400 800 1200 Meters Map Scale: 1:15,300 if printed on A portrait (8.5" x 11") sheet. USGS MAP Scale: 1 if = 2000' I Ewa aiiiiiiiijill USGS MAP Scale: 1 if = 2000' 401 Providence Road, Suite 200 Chapel Hill, NC 27514 T: 919-929-1173 F: 919-493-6548 www.pennoni.com Environmental Assessment American Legion Post Facility 3702 NC-54 Chapel Hill, NC 27516 Project Owner: American Legion Post 6 PO Box 2323 Chapel Hill, NC 27515 Prepared By: Pennoni 401 Providence Road, Suite 200 Chapel Hill, NC 27514 _______________________ Timothy Smith, PE Professional Engineer Proj. No AMGL1701 June 22, 2017 i TABLE OF CONTENTS 1.0 INTRODUCTION............................................................................................................. 2 2.0 TOPOGRAPHY OF SITE ............................................................................................... 2 3.0 DRAINAGE ISSUES ........................................................................................................ 2 4.0 NATURAL OR CULTURAL RESOURCES ................................................................. 2 5.0 MINING OF EARTH PRODUCTS ................................................................................ 3 6.0 HAZARDOUS MATERIALS .......................................................................................... 3 7.0 WASTEWATER TREATMENT METHODS ............................................................... 4 8.0 WATER USAGE ............................................................................................................... 4 APPENDICES Wetland Map 1.0 INTRODUCTION On behalf of American Legion Post 6 (Client), Pennoni has performed an assessment of the existing conditions of the site where the proposed facility will be located. The purpose of this report is to describe and quantify any existing environmental concerns that would be encountered on site. 2.0 TOPOGRAPHY OF SITE The site was analyzed using 2’ and 10’ contour GIS information made available to the public by Orange County. The site varies in height around the property with undulating topography throughout the site. The slope analysis of the site determined that the majority of the site was below 10% in grade with localized areas of grades that exceeded 25%. 3.0 DRAINAGE ISSUES The Site is located within the Cape Fear River Basin and the Haw River Unprotected watershed. Orange County GIS was accessed to determine that there are blue line streams on the property associated with the project. The site contains areas at risk to flooding as per the FEMA flood maps. Zone AE exists on the site and is delineated on FEMA Flood Map 3710974900J, effective on 2/2/2007, and accessed on 6/21/2017. The U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) database was accessed on 6/21/2017 for the site. Their records show that no wetlands are currently delineated on site. This can be seen in the wetland map included with this submission. 4.0 NATURAL OR CULTURAL RESOURCES The North Carolina State Historic Preservation Office’s GIS service was accessed on 6/21/2017 to review historical sites for the property. No sites were identified on site but the following sites were listed within one mile of the property. Site HPO ID Status Vigor Morris Farm OR1570 SO White Cross Store OR0922 SO Smith House OR0717 SO Thompson House OR1115 SO White Cross School OR0923 SL A documented cemetery exists on site. It is located within a stand of trees near the center of the backfield of the property. The cemetery is documented as the Bivins Family Cemetery by a survey performed by Mary Claire Engstrom and Shelton Ray on October 4, 1976. There are potentially 25 graves within the site. The USFWS Information for Planning and Conservation (IPaC) was accessed on 6/21/2017 to review the presence of endangered or at-risk species on site. The following findings were highlighted to possibly exist within the area: Species Protected Under Endangered Species Act Common Name Latin Name Status Dwarf Wedgemussel Alasmidonta heterodon Endangered Michaux’s Sumac Rhus michauxii Endangered Smooth Coneflower Echinacea laevigate Endangered Species Protected Under Migratory Bird Treaty Act Common Name Latin Name Season American Bittern Botaurus lentiginosus Wintering Bald Eagle Haliaeetus leucocephalus Year round Blue-winged Warbler Vermivora pinus Breeding Brown-headed Nuthatch Sitta pusilla Year round Chuck-will’s-widow Caprimulgus carolinensis Breeding Fox Sparrow Passerella iliaca Wintering Kentucky Warbler Oporornis formosus Breeding Least Bittern Ixobrychus exilis Breeding Loggerhead Shrike Lanius ludovicianus Year round Prairie Warbler Dendorica discolor Breeding Prothonotary Warbler Protonotaria citrea Breeding Red-headed Woodpecker Melanerpes erythrocephalus Year round Rusty Blackbird Euphagus carolinus Wintering Short-eared Owl Asio flammeus Wintering Wood Thrush Hylocichla mustelina Breeding Worm Eating Warbler Helmitheros vermivorum Breeding After visiting the site, it was evident that beaver dams exist on site. 5.0 MINING OF EARTH PRODUCTS The site will not be utilized for any mining practices in its proposed use. The site was previously used for farming purposes and there is no known evidence of preexisting mining operations on site. 6.0 HAZARDOUS MATERIALS The proposed use for the site will not entail any storage or production of hazardous materials. There is no previous evidence of hazardous materials being on site after reviewing the NCDENR GIS mapping database. No registered underground storage tanks were found on site after reviewing the NCDENR online database. 7.0 WASTEWATER TREATMENT METHODS The site does not have any existing sanitary facilities on site. The previous owner of the site resided off property and no existing building are found on site. The site will be designed to include a standard septic system to service the American Legion facility and a caretaker residence. The system will utilize a tank and leaching field to dispose of sanitary wastes. The site consists of Appling sandy loam and Georgeville silt loam soils. These soils are classified within the hydrologic soil group B. The Web Soil Survey was accessed for site data in regards to septic tank installation. The site is somewhat limited in septic tank capabilities and will need to be analyzed by a soil scientist to determine the best locations on site to install the septic system. After the septic design is completed, an application will need to be filed with Orange County to review the proposed location and design of the system. 8.0 WATER USAGE The Web Soil Survey was accessed to determine the depth to groundwater on site. The data determined that the water table was located greater than 6.5 feet below the surface. There is no well currently existing on site. A private well would need to be established to service the site. After the well design is completed, an application will need to be filed with Orange County to review the proposed location and design of the system.