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HomeMy WebLinkAbout20190810 Ver 1_Narrative and PCN_20190614Staff Review Does this application have all the attachments needed to accept it into the review process? r Yes r No ID#* 20190810 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Stephanie Goss: eads\szgoss Select Reviewing Office:* Raleigh Regional Office - (919) 791-4200 Submittal Type:* 401 Application Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 * owed? r $570.00 Project Submittal Form 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. Project Type: r New Project • Pre -Application Submittal • More Information Response • Other Agency Comments r For the Record Only (Courtesy Copy) New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information Name: Parker Osterloh Who is subrritting the information? Email Address: parker.osterloh@timmons.com Project Information Project Name: Hoover Road Athletic Park Is this a public transportation project? Yes c' No Is the project located within a NC DCM Area of Environmental Concern (AEC)? C Yes (-- No C Unknown County (ies) Durham Please upload all files that need to be submited. dick the upload button or drag and drop files here to attach document Hoover Road Narrative and PCN.pdf 652.12KB Hoover Road APP B&C.pdf 14MB Hoover Road APP D1.pdf 13.59MB Hoover Road APP D2&E.pdf 6.44MB Only pdf or lore files are accepted. Describe the attachments: Please find the attached PCN and narrative for the Hoover Road Athletic Park project. There should be four attachments containing the document and appendices. I will follow up via email to insure all documents have been transferred. Please let me know if there is a problem with receiving the whole document and I will be happy to provide a link for a secure file transfer. Thank you. Parker Osterloh V By checking the box and signing box below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this 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 online form." Signature: Submittal Date: 06-14-2019 Is filled in autorratically. CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com June 14, 2019 Mr. Ross Sullivan Regulatory Specialist U.S. Army Corps of Engineers – Raleigh Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Stephanie Goss NC Division of Water Resources 401 and Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 RE: PCN – NWP(s) 39 &12; and General Certification(s) 4139 and 4133 Hoover Road Athletic Park Durham County, North Carolina Project No.: 42811 Dear Mr. Sullivan and Ms. Goss: On behalf of the City of Durham, Timmons Group is submitting a Preconstruction Notification (PCN) for Nationwide Permits (NWP) 39 and 12; and general certifications 4139 4133 associated with the Hoover Road Athletic Park project, located in Durham County, North Carolina. The project site encompasses approximately 50.2 acres and is located southeast of the intersection of North Hoover Road and Cheek Road. The project site is further described as Durham County Parcel Identification Number(s) (PIN) 0841- 05-19-6705 and 0841-17-29-7429. The Site is located within the Neuse River Basin (HUC 030202010403) within the Ellerbe Creek sub-watershed. The Site drains to Ellerbe Creek. The Site does not contain a floodway or 100-year floodplain according to NC FIRM Map 3720084100K & 3720082400K (effective date October 19, 2018). The purpose of the project is to provide the residents of northeast Durham with increased access to recreational opportunities in the local community. The proposed park in the Merrick Moore neighborhood will create recreational opportunities by providing multiple soccer/multiple use fields, a restroom/shelter building, and 219 parking spaces. Consequently, a total of 104 linear feet of Perennial Stream (R3) will be permanently impacted due to a road crossing. Additionally, 69 linear feet will be temporarily impacted as a result of the removal of an existing unpermitted culvert and the instillation of a trenched and filled sanitary sewer line. Additionally, 12,408 square feet (0.28 acres) of zone 1 buffer will be permanently impacted and 7,121 square feet (0.16 acres) will be temporarily impacted. Approximately 10,413 square feet (0.23 acres) of zone 2 buffer will be permanently impacted and 2,784 square feet (0.06 acres) will be temporarily impacted. Additional impacts to waters of the U.S. are not proposed . Please find enclosed for your review the following items: Appendix A - Pre-Construction Notification Form - Agent Authorizations Appendix B - Figure 1 Vicinity Map - Figure 2 NRCS Soil Survey Map - Figure 3 Wetlands and Waters of the U.S. Delineation Map - Figure 4 Jurisdictional Waters of the U.S. Impacts Map - Figure 5 Jurisdictional Waters of the U.S. Impacts Map (Stream Profile) Appendix C - United States Fish and Wildlife Service, Information for Planning and Consultation (IPaC) Report - North Carolina Department of Natural and Cultural Resources – North Carolina Natural Heritage Program (NCNHP) Report - North Carolina Department of Natural and Cultural Resources – State Historic Preservation Office Web Mapper Application - Timmons Group Cultural Resources Report - Email correspondence with USACE (Representative Ross Sullivan) Appendix D - Construction Drawings: Hoover Road (complete set, dated March 20, 2019) Appendix E - NCDEQ Division of Mitigation Services (DMS) Credit Acceptance PROJECT HISTORY & EXISTING CONDITIONS: The Site encompasses approximately 50.2 acres and is located in the city of Durham, North Carolina, within Durham County. The Site is bound by residential homes, commercial development, and Cheek Road to the north. To the east, the Site is bound by commercial development and Junction Road. To the south, the Site is bound by a forested upland area, commercial development, and Junction Road. To the west, the Site is bound by US 70 Bypass and commercial development. The Site contains mostly forested areas with the central portion of the property having been clearcut within the last 5 years. There are multiple stream and wetland features throughout the Site along the sanitary sewer easement and drainages. Approximately 60% of the Site is comprised of forested ar eas while 20% has been recently clearcut and 20% is a maintained sanitary sewer easement. The project site was delineated by the Timmons Group on December 6, 2018 based upon the methodology outlined in the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0). In addition, streams were delineated based upon the methodology outlined in the North Carolina Division of Water Resources (DWR) Methodology for Identification of Intermittent and Perennial Stream and Their Origins (Version 4.11). Timmons Group has conducted a cultural resources background study of the site as well as a one mile radius of the site, which is defined as the area of potential effect (APE) (see Appendix C; Timmons Group Cultural Resources Report. Based on a wetland delineation conducted for the project site, four intermittent streams that total approximately 1,495 linear feet and two perennial streams totaling approximately 2,693 linear feet were identified within the Site. Eleven Palustrine Forested Wetlands (PFO) features that total approximately 1.4 acres in size and three Palustrine Emergent Wetlands (PEM) systems that total approximately 0.1 acres in size were also identified within the Site. A Preliminary Jurisdictional Determination Request was submitted to the USACE in December 2018, as well as an addendum submitted on March 18, 2019. The confirmation is pending, and a written confirmation is forthcoming (see Appendix C; email correspondence). PROPOSED PROJECT: The proposed recreational development, known as Hoover Road Athletic Park , will consist of four soccer fields, a restroom and shelter structure, an access road connected to Hoover Road, stormwater control measures (SCMs), and underground utilities (i.e. water and gravity sanitary sewer). The project will be constructed in one (1) phase. Phase 1 includes site clearing and grading, utility implementation and site development. Phase 1 will include site clearing/grading, a construction entrance access from Hoover Road. Stream Impact 1 will be included in Phase 1 and is associated with the instillation of a 72” RCP culvert with flared end sections totaling 104 linear feet of impacts for a permanent roadway crossing. An existing culvert which has not previously been permitted will be removed and the stream will be returned to its natural contours and functions will also be incorporated in Phase 1. A 6” PVC sanitary sewer line will be trenched and filled across an existing stream then returned to its original contours. Additional impacts to waters of the U.S. are not proposed. The proposed project is a single and complete project with appropriate land use control measures in place for specific areas which require them. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. Wetland Impact Table Impact Number Wetland Type Impact Type Impact Area (AC) N/A N/A N/A 0 Total Wetland Impacts 0 No wetland impacts are proposed in association with this project. Stream Impact Table Impact Number Stream Type Impact Type Impact Length (LF) S1 Perennial Excavation – Road Crossing– Permanent 104 S2 Perennial Excavation – Utility Crossing– Temporary 34 S3 Perennial Excavation – Stream Restoration-- Temporary 35 Total Stream Impacts 173 Permanent stream impacts 1, S1, are impacts associated with the proposed roadway crossing of a perennial system. The stream system will be culverted 90 linear feet through a 72” RCP pipe at 0.21% slope. The inlet and outfall designs will include headwalls combined with retaining walls. The culvert structure will be counter sunk to insure connectivity for aquatic species. Temporary stream impacts 2, S2, are impacts associated with the proposed sanitary sewer crossing of 34 linear feet of a perennial system. The proposed utility crossing will be trenched approximately 15 feet below existing grade and backfilled with the top 6 to 12 inches of excavated material, pre-construction elevations will be returned, stream banks will be stabilized upon completion of construction, and will be con structed in such a manner not to drain (i.e. french drain) waters of the U.S. Temporary stream impacts 3, S3, are impacts associated with the removal of an unpermitted culvert and the restoration of approximately 35 linear feet of perennial stream. All previous contours will be established in order to restore the undisturbed function of the stream system. Buffer Impact Table Impact Number Impact Type Allowable Use Mitigation Required Zone 1 Impact Area (sq. ft.) Zone 2 Impact Area (sq. ft.) Max Impact Width (ft.) B1 Road Crossing Yes Yes 12,408 10,413 104 B2 Utility Crossing Yes No 4,067 2,784 34 B3 Stream Restoration Yes No 3,054 0 35 Total Buffer Impacts 19,529 13,197 N/A Permanent buffer impacts 1, B1, are impacts associated with the development of a road crossing across a perennial stream. Approximately 12,408 square feet of Zone 1 Buffer and 10,413 square feet of Zone 2 Buffer will be permanently impacted. These impacts are allowable with mitigation. Permanent buffer impacts 2, B2, are impacts associated with the perpendicular crossing of a trenched and filled sanitary sewer crossing. Approximately 3,054 square feet of Zone 1 Buffer will be temporarily impacted as a result of the construction process. These impacts are allowable without any required mitigation. Permanent buffer impacts 3, B3, are impacts associated with the removal of an unpermitted culvert and the subsequent restoration of 34 linear feet of stream. Ap proximately 4,067 square feet of Zone 1 Buffer and 2,784 square feet of Zone 2 Buffer will be temporarily impacted as the stream area is returned to natural contours. These impacts are allowable without any required mitigation. STORMWATER MANAGEMENT: The proposed development is located within the Neuse River Basin and will be subject to the stormwater management requirements set forth in Article 8 of the Durham County Unified Development Ordinance (UDO). Durham County is within a water supply watershed. Stormwater management on this site shall address two primary issues: (1) peak discharge rates and (2) water quality management. The proposed stormwater management plan will be designed to protect the downstream environment. The plan incorporates biologically based stormwater management techniques to manage both water quantity and quality aspects of site runoff. Stormwater management will be accomplished by incorporating engineered SCMs throughout the project to capture and treat the stormwater runoff from developed areas. The proposed project will result in an increase in peak flow rates. To mitigate for this, three (3) stormwater wet ponds are proposed and have been sized such that post-development peak flow rates are no greater than pre-development levels in the 1-, 2-, 10-, and 100-year storm events. The stormwater management plan contains pre- and post-development nitrogen calculations. With regard to TSS removal, the SCMs have been sized for 85% TSS removal efficiency to provide TSS rem oval to the greatest extent possible. In addition, the Total Maximum Daily Load of fecal coliform is reduced by the proposed SCMs. If the development on this tract is built in accordance with the proposed stormwater management plan, then the requirements set forth in the Durham County UDO will be met with the proposed SCMs. However, modifications to the proposed development may require that this analysis be revised. Some modifications that would require this analysis to be revised include: 1) the propos ed site impervious surface exceeds the amount accounted for in the stormwater management plan and 2) the post-development watershed breaks change significantly from those used to prepare this report. AVOIDANCE & MINIMIZATION: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including the utilization of the wetland delineation to adjust the layout to avoid and minimize impacts. Avoidance and minimization measures were also accomplished during the design phase of the project. The Applicant has avoided and minimized impacts to the greatest extent practicable given the goal of the project and the purpose and need. The proposed impacts are required in order for the project’s goals to be realized. Rather than permit the existing culvert the Applicant has elected to remove the road crossing and return the stream area to its natural state and function. Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, temporary coffer dams, tree protection, clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner’s representative. Temporary seeding and permanent seeding plans are included to restore im pacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent jurisdictional features. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of disturbance within the jurisdictional streams. MITIGATION: There will be no wetland impacts associated with the proposed project. A total of 104 linear feet of permanent perennial stream impacts are necessary for roadway construction. Therefore , the Applicant proposes no compensation for unavoidable permanent stream impacts, because impacts are less than the threshold for mitigation. Additionally, 69 linear feet of temporary stream impacts are associated with the removal of the existing unpermitted culvert onsite. Because the unperm itted area will be returned to its natural contours and functions no mitigation is proposed for temporary stream impacts. There are 22,821 square feet (0.52 acres) of permanent RPA Buffer impacts associated with the construction of the roadway crossing of perennial stream. The proposed action is allowable and will be mitigated for. An additional 9,905 square feet (0.22 acres) of RPA Buffer will be temporarily impacted and restored using an approved restoration plan which incorporates native vegetation. In total the Applicant proposes the purchase of 0.52 acres of buffer mitigation. In order to achieve the goals of the project and address the purpose and need all impacts are unavoidable and have been minimized to the greatest practicable. Suitable mitigation credits from a private buffer mitigation bank are not available at this time. If all or a portion of the total compensatory mitigation amount becomes available, the City of Durham will be required to purchase these credits rather than pay into an alternative fund. On May 10, 2019 North Carolina Division of Mitigation Services (DMS) issued a Mitigation Credit Acceptance Letter stating that DMS is willing to accept payment for compensatory mitigation for 22,821 square feet of RPA Buffer. Therefore, to compensate for unavoidable impacts to waters of the U.S., the Applicant proposes payment into the DMS in-lieu-fee program in the amount of 22,821 square feet of buffer mitigation to satisfy the project’s compensatory mitigation obligations. SUMMARY: On behalf of the City of Durham, Timmons Group is submitting a Preconstruction Notification (PCN) for Nationwide Permit(s) (NWP) 39 & 12 and general certifications 4139 and 4133 associated with the Hoover Road Athletic Park project, located in Durham County, North Carolina. The project site encompasses approximately 50.2 acres and is located southeast of the intersection of North Hoover Road and Cheek Road. The project site is further described as Durham County Parcel Identification Number(s) (PIN) 0841- 05-19-6705 and 0841-17-29-7429. The Site is located within the Neuse River Basin (HUC 030202010403) within the Ellerbe Creek sub-watershed. The Site drains to Ellerbe Creek. The Site does not contain a floodway or 100-year floodplain according to NC FIRM Map 3720084100K & 3720082400K (effective date October 19, 2018). The purpose of the project is to construct an athletic park in the Merrick Moore neighborhood which can be accessed by the residents of northeast Durham, which will create recreational opportunities through providing multiple soccer/multiple use fields, a res troom/shelter building, and 219 parking. Consequently, a total of 104 linear feet of Perennial Stream (R3) will be permanently impacted due to a road crossing. Additionally, 69 linear feet will be temporarily impacted as a result of the removal of an existing unpermitted culvert and the trenching and filling of a sanitary sewer crossing. Additionally, 12,408 square feet (0.28 acres) of zone 1 buffer will be permanently impacted and 7,121 square feet (0.16 acres) will be temporarily impacted. Approximately 10,413 square feet (0.23 acres) of zone 2 buffer will be permanently impacted and 2,784 square feet (0.06 acres) will be temporarily impacted. Additional impacts to waters of the U.S. are not proposed. The Applicant proposes 0.52 acres of riparian buffer mitigation. All impacts are unavoidable and have been minimized to the greatest practicable extent. Stream impacts are below the threshold required by the USACE for NWP 39. At this time, we are requesting confirmation that the proposed project qualifies under the conditions of NWP(s) 39, 23, and 12; and general certifications 4139, 4140, and 4133. Consideration of this project is greatly appreciated. If you should have any questions or require additional information, please do not hesitate to contact me at (804)-200-6457. Sincerely, Timmons Group Parker Osterloh, REP Environmental Technician Attachments: listed above APPENDIX A 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 Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39, 23 & 12 or General Permit (GP) number: 4139,4140, & 4133 1c. 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 1e. 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 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h 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: Hoover Road Athletic Park 2b. County: Durham 2c. Nearest municipality / town: Durham 2d. Subdivision name: Merrick Moore 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: City of Durham 3b. Deed Book and Page No. 8111, 764 3c. Responsible Party (for LLC if applicable): Rod Florence 3d. Street address: 101 City Hall Plaza 3e. City, state, zip: Durham, NC, 27701 3f. Telephone no.: 919-560-4197 3g. Fax no.: N/A 3h. Email address: Rod.Florence@durhamnc.gov Office Use Only: Corps action ID no. _____________ DW Q project no. _______________ Form Version 1.3 Dec 10 2008 Page 2 of 12 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 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: Parker Osterloh 5b. Business name (if applicable): Timmons Group 5c. Street address: 1001 Boulders Parkway, Suite 300 5d. City, state, zip: Richmond, VA, 23225 5e. Telephone no.: 804-200-6457 5f. Fax no.: N/A 5g. Email address: Parker.osterloh@timmons.com Page 3 of 12 PCN Form – Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 161099, 159598 1b. Site coordinates (in decimal degrees): Latitude: 36.001250 Longitude: -78.856979 1c. Property size: 50.1 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: UNT to Ellerbe Creek 2b. Water Quality Classification of nearest receiving water: Blue 2c. River basin: map is available at http://h2o.enr.state.nc.us/admin/maps/ Neuse 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: Please see attached narrative. 3b. List the total estimated acreage of all existing wetlands on the property: 1.52 acres (60,848 square feet) 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4,401 lf 3d. Explain the purpose of the proposed project: Please see attached narrative. 3e. Describe the overall project in detail, including the type of equipment to be used: Please see attached narrative. Page 4 of 12 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: An email has been received confirming the JD, a formal JD is forthcoming. 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): Chris Inscore, George Buchholz Agency/Consultant Company: Timmons Group 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 5 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. Wetland impact number – Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 2f. Area of impact (acres) W1 P T Yes No Corps DWQ W2 P T Yes No Corps DWQ W3 P T Yes No Corps DWQ W4 P T Yes No Corps DWQ W5 P T Yes No Corps DWQ W6 P T Yes No Corps DWQ 2g. Total wetland impacts N/A 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. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P T Fill PER INT Corps DWQ 2 104 S2 P T Restoration/Dredge PER INT Corps DWQ 2 34 S3 P T Fill PER INT Corps DWQ 2 35 S4 P T PER INT Corps DWQ S5 P T PER INT Corps DWQ S6 P T PER INT Corps DWQ 3h. Total stream and tributary impacts 173 3i. Comments: Page 6 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 (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 P T O2 P T O3 P T O4 P T 4f. Total open water impacts N/A 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete 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 7 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. Project is in which protected basin? Neuse Tar-Pamlico Other: Catawba Randleman 6b. Buffer impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 P T Roadway UNT Yes No 12,408 10,413 B2 P T Restoration UNT Yes No 4,067 2,784 B3 P T Utility Crossing UNT Yes No 3,054 6h. Total buffer impacts 19,529 13,197 6i. Comments: Page 8 of 12 PCN Form – Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Please see attached narrative. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Please see attached narrative. 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 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): 22,821 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 9 of 12 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 Roadway Crossing 12,408 3 (2 for Catawba) 37,224 Zone 2 Roadway Crossing 10,413 1.5 15,619.5 6f. Total buffer mitigation required: 52,843.5 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). Payment to in lieu fund. 6h. Comments: Page 10 of 12 PCN Form – Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 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? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 9.8 % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Please see attached narrative. 2e. Who will be responsible for the review of the Stormwater Management Plan? Certified Local Government DWQ Stormwater Program DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? Durham 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW 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 11 of 12 PCN Form – Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 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 1c. 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 letter.) Comments: Yes No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 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 additional development, which could impact nearby downstream water quality? Yes No 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. Please see attached narrative. Page 12 of 12 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 Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC, NCDNH 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? USFWS IPaC, NCDNH 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? NCHPOWeb mapper application. 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. Parker Osterloh Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 06/12/2019 Date TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army NCDENR — Division of Water Resources US Army Corps of Engineers 401 & Buffer Permitting Unit Wilmington District 1650 Mail Service Center PO Box 1890 Raleigh, NC 27699-1650 Wilmington, NC 28402-1890 To Whom It May Concern: I, the undersigned, current property owner designate and authorize representatives of Timmons Group, Inc., to act on my behalf as my agent in the processing of permit applications, to Rimish upon request supplemental information in support of applications, etc., from this day forward. This the 06 day of December , 20 18 . (number) (Month) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Hoover Rd Athletic Park Location: Durham, NC Property Owner's Name (Print): Property Owner's Signature: of T)iirhnm Property Owner's Mailing Address Property Owner's Telephone: Fax No. Property Owner's Email Address:_( I ���1G�✓ Y !L 0 Ln U M ko ko Lq 01 Ln 19 a) X a Ln rn w E 0 u N 0 E E Y