HomeMy WebLinkAbout20190981 Ver 1_PCN Form Submission_20190723DWR
MOM— of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
21nitial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Oange only if needed.
BIMS # Assigned
20190981
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Central Office - (919) 707-9000
Information for Initial Review
1a. Name of project:
Buckingham Road Culvert Replacement
1a. Who is the Primary Contact?*
Dana Hornkohl, City of Durham
1b. Primary Contact Email:*
dana.hornkohl@durhamnc.gov
Date Submitted
7/23/2019
Nearest Body of Water
Third Fork Creek
Basin
Cape Fear
Water Classification
WS-V; NSW
Version# *
1
What amout is owed?*
r $240.00
* $570.00
Select Project Reviewer*
Rob Ridings:eads\rgridings
1c. Primary Contact Phone:*
(919)560-4326
Site Coordinates
Latitude: Longitude:
35.951154-78.941028
FA. Processing Information u
County (or Counties) where the project is located:
Durham
Is this project a public transportation project?*
r Yes r No
Is this a NCDOT Project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified bythe Corps?
r Yes r No
Nationwide Permit (NWP) Number:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
14 - Linear transportation
13 - Bank Stabilization
le. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - Express
P Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r- Yes r No
1j. Is the project located in a designated trout watershed?
C Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
r- Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
City of Durham
2b. Deed book and page no.:
WA (ROW)
2c. Responsible party:
Dana Hornkohl, PE, CFM
2d. Address
Street Address
101 City Hall Plaza
Address Line 2
Third Floor
CKY
Durham
Rstal / Zip Cade
27701
2e. Telephone Number:
(919)560-4326
2g. Email Address:*
dana.hornkohI@durhamnc.gov
State / Wwinoe / lbgim
NC
Country
USA
2f. Fax Number:
(919)560-4316
r Yes r No
r Yes r No
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(i appropriate)
1c. Nearest municipality/town:
Durham
2. Project Identification
2a. Property Identification Number:
2b. Property size:
ROW
0.44
2c. Project Address
Street Address
Buckingham Road
Address Line 2
aty
State / Frovinre / R�gion
F stal / Zip Cade
Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Third Fork 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.
030300020602
4. Project Description and History
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 area consists of a road crossing of a tributary to Third Fork Creek. The immediate vicinity of the project area is a suburban single-family residential community interspersed
with forested areas and with a golf course to the south. A greenway trail runs adjacent to the stream. Please refer to the attached USGS Location Map (Figure 1), Durham County Soil
Survey Map (Figure 2) and Aerial Map (Figure 3) for more information on the project setting.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No F Unknown
4d. 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)
02_DUR18000_Figure 1 USGS.pdf
2.18MB
4e. 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)
03_DUR18000_Figure 2 Soil Survey.pdf 2.12MB
4f. List the total estimated acreage of all existing wetlands on the property:
4g. List the total estimated linear feet of all existing streams on the property
140
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to replace a failed culvert that has made Buckingham Road impassable at Tributary C to Third Fork Creek.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project consists of replacing a failed CMP culvert spanning Tributary C to Third Fork Creek along Buckingham Road in Durham, NC. The existing 7.5'wx6'h pipe arch is located at
the crossing between Hope Valley Road and Devon Road. A new 16' x 6' reinforced concrete box culvert is proposed to replace the existing failed CMP culvert (see attached site plan).
The new culvert will be embedded one foot to allowfor aquatic life passage. Baffles are not included in the design due to constraints from existing utilities that cross over the culvert.
The culvert replacement and bank stabilization will necessitate impacts to Tributary C. Permanent impacts will include 33 If of bank stabilization on the upstream end of the culvert and
16 If of riprap dissipator pad on the downstream end of the culvert. Additionally, 5 If of temporary impacts are proposed for construction access. No wetland impacts are proposed. The
attached Stream Impact Exhibit depicts the overall project plan view and details of the proposed impact areas. Heavy equipment typical for road construction, utility installation and
grading will be used to construct the proposed project such as track hoes, bulldozers, dump trucks and graders.
4j. Please upload project drawings for the proposed project.
04_Site Grading Plan.pdf
931.13KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
A PJD request is being submitted under a separate cover.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kelly Roth
Agency/Consultant Company: McAdams
Other:
Sd1. Jurisdictional determination upload
6. Future Project Plans
r Unknown
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
F Wetlands W Streams -tributaries W Buffers
[ Open Waters F Pond Construction
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact *
3d. S. name *
3e. Stream Type *
3f. Type of
3g. S. width *
3h. Impact
❑
(?)
Jurisdiction*
length*
S1
Culvert replacement
Temporary
Fill
Third Fork Tributary C
Perennial
Both
1Average
5(linearfee)
(fee)
g2
Culvert replacement
Permanent
Rip Rap Fill
Third Fork Tributary C
Perennial
Both
12
16
Average (feet)
(linear feet)
S3
Culvert replacement
P
Permanent
Bank Stabilization
Third Fork Tributary C
ry
Perennial
Both
13
33
Average (Feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
49
3i. Total stream and ditch impacts:
54
3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
F Neuse
F Catawba
F Goose Creek
F Other
3i. Total temporary stream impacts:
5
F Tar -Pamlico
F Randleman
R Jordan Lake
6b. Impact Type 116c. Per or Temp 6d. Stream name 116e. Buffer mitigation required? 6f. Zone f impact I6g. Zone 2 impact
Grading - culvert replacement P Third Fork Tributary C No 4,942 1,725
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 4,942.00 1,725.00
Zone 1 Zone 2
Total combined buffer impacts: 4,942.00 1,725.00
61. Comments:
The unhatched areas of the crossing are exsting facilities that are exempt from the Buffer Rule.
Supporting Documentation
05_DUR18000-E1.pdf
E. Impact Justification and Mitigation
1. Avoidance and Minimization
914.91KB
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Stream impacts have been minimized to a total of 54 If. Of the 54 If of proposed stream impacts, 33 If are proposed bank stabilization to correct active
bank erosion on the upstream side of Buckingham Road that has occurred since the culvert failed. An additional 5 If of proposed stream impact is a
temporary impact for equipment access during construction. The remaining 16 If of proposed impact is permanent impact for the installation of a riprap
dissipator pad to prevent erosion on the downstream end of the culvert. The primary purpose of the proposed permanent stream impacts is to improve
the stability of the stream to prevent continued erosion and culvert failure. Additionally, the proposed culvert will be embedded one foot to allowfor
aquatic life passage.
The proposed box culvert is wider than the exsting stream channel; however, the area required to pass the 100-year storm that achieves "no -rise' in
the FEMA Base Flood Elevation at this location and existing water, sanitary sewer and fiber optic lines above the culvert constrain the available depth
needed to include baffles into the culvert design.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A Sediment and Erosion Control Plan for the project will be developed and approved by the City of Durham, and the project will comply with the
supplementary NPDES Construction Stormwater Permit (NCG010000).
Additionally, stream flowwill be pumped around the project area during construction to avoid flowing water coming into contact with the disturbed area.
The construction detail of the pump around plan is attached at end of this application.
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 r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Total stream impacts are less than 150 linear feet. Because the impacts have been minimized to a total of 54 If whose primary purpose is to improve the stability of the stream to prevent
continued erosion and future culvert failure, compensatory mitigation is not proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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 r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SMNT)
r Other SCM that removes minimum 30 % nitrogen
V Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
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
Comments:
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?*
r Yes r 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)? *
r Yes r No
Comments:"
The project is funded by the City of Durham and is within a municipal right-of-way. NEPA/SEPA documentation is not required because the project will
not received State funding exceeding $10,000,000.
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 (15ANCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project 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.
The proposed project will replace a failed culvert to make the Buckingham Road passable and will not result in additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor 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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r^ Yes r No r' Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r^ 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 r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The USFWS IPaC web tool (https://ecos.fws.gov/ipact) and the NC Natural Heritage Program Data Explorer
(http://nenhde.natureserve.org/content/map) were accessed on July 5, 2019 to determine if the project would impact Endangered Species or
Designated Critical Habitat. An official species list for the project area was generated
using the USFWS IPaC regulatory reviewtool. The official species list identified the Atlantic pigtoe (Fusconaia masoni), Michauxs sumac (Rhus
michauxii) and smooth coneflower (Echinacea laevigata) as federally listed species that may occur Wthin the project area. There are no critical
habitats within the project area. USFWS and NHP letters and a species conclusion table are attached.
On July 15, 2019, Emily Wells advised that suitable habitat for Atlantic pigtoe was not present within the project area (email attached). On July 12,
2019, Kelly Roth with McAdams conducted a habitat assessment. Suitable habitat for Michau:(s Sumac and Smooth Coneflower is not present within
the project area. The project review package for USFWS is attached.
Consultation Documentation Upload
DUR18000_Buckingham Rd_T&E Review Pkg.pdf 8.74MB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Essential Fish Habitat (EFH) Mapper (http://www.habitat.noaa.gov/protection/efh/efhmapper/) was accessed on July 9, 2019.
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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
McAdams reviewed the NC SHPO HPOWEB online tool (http://gis.ncdcr.gov/hpovveb/) to identify historic resources that may impacted by the proposed
project. No resources were identified within the project area. McAdams submitted a request for environmental reviewto the SHPO on July 5, 2019; at
the time of this submittal, a response has not been received from the SHPO.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
G Yes r No
8b. If yes, explain how project meets FEMA requirements:
A No -Rise Certification documenting that the proposed culvert replacement will not impact the 100-year flood elevations or the floodway elevations on
Third Fork Creek Tributary C has been prepared and submitted to the City -County Development Services Center for review.
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM number 3720081000L (panel 0810) dated October 19, 2018
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
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:
Kelly Roth
Signature
Date
7/23/2019