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HomeMy WebLinkAbout20191303 Ver 1_PCN Form Submission_20190930DWR IDIOM n 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 Change only if needed. BIMS # Assigned * Version#* 20191303 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Central Office - (919) 707-9000 Rob Ridings:eads\rgridings Information for Initial Review 1a. Name of project: Bradford Circle Drainage Improvements la. Who is the Primary Contact?* Doug Keller 1b. Primary Contact Email:* dkeller@rkk.com Date Submitted 9/30/2019 Nearest Body of Water Northeast Creek Basin Cape Fear Water Classification WS-V; NSW 1c. Primary Contact Phone:* (919)653-7375 Site Coordinates Latitude: Longitude: 35.940817-78.882363 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 la. 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 Nationwde 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: 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 18 - Minor Discharges 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?* f 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? r 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: Ciry of Durham 2b. Deed book and page no.: NA 2c. Responsible party: Dana Hornkohl (City of Durham Project Manager) 2d.Address Street Address 101 City Hall Plaza Address Line 2 Suite 3100 DtY Durham Postal / Zip Cade 27701 2e. Telephone Number: (919)560-4325 2g. Email Address:* Dana.HornkohI@DurhamNC.gov State / Rwince / Fbgim NC Country USA 2f. Fax Number: (919)560-4316 r Yes r No r Yes r No C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) NA 1c. Nearest municipality / town: City of Durham 2. Project Identification 2a. Property Identification Number: Multiple Attached 2c. Project Address Street Address NA Address Line 2 NA CKY NA Fbstal / Zip Aide NA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Northeast 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. 030300020605 4. Project Description and History 2b. Property size: 0.5 State / Province / fbgion NA (Duntry NA 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:* Bradford Circle was developed as a gravel cul-de-sac outside of the City of Durham in the 1960s. The land use in the vicinity of the project is primarily residential and urban. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r 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) USGS Map 8.5.x11.pdf 933.38KB 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) Soils Map 8.5x11.pdf 1.95MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.02 4g. List the total estimated linear feet of all existing streams on the property: 221.5 4h. Explain the purpose of the proposed project:* Bradford Circle was developed as a gravel cul-de-sac outside of the City of Durham in the 1960s. At the time the county had few standards for storm drainage and stormwater design. The street has since been annexed by the City of Durham. The purpose of the project is to upgrade the storm drainage infrastructure to meet current City of Durham design standards and install pervious pavement on the road to serve as a test case for potential future development options. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Bradford Circle currently experiences two major stormwater drainage problems. 1) There is a failing storm drain pipe across the road and through the properties at 1806 and 1808 Bradford Circle. 2) When water backs up in the ditch on the north side of the road because of the failing pipe it flows overland into the yard at 1809 and 1810 Bradford Circle. The general design approach for the project is to plug the existing failed storm drain pipe at the existing right of way and pipe storm drainage between 1808 or 1809 and 1810 Bradford Circle to a new outfall at the existing stream at the rear of those properties. The project will pave the cul-de-sac with a combination of conventional and pervious paving. The project will include mechanized clearing within upland areas of the riparian buffer, this clearing will be limited to the construction limits and impact areas noted on the permit drawings attached. Erosion and sedimentation control features will be installed prior to all construction activities. 4j. Please upload project drawings for the proposed project. Bradford 90 % Plans 20190415 Reduced.pdf 5.56MB 5. Jurisdictional Determinations Sa. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 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: SAW-2019-01547 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Gordon Marsh Agency/Consultant Company: RK&K Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD visit with Joshua Deal USACE on August 21, 2019 Sd1. Jurisdictional determination upload BradfordCir_PreJD_City of Durham_Letterhead_2019.pdf 13.62MB 6. Future Project Plans 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): r Wetlands W Streams -tributaries W Buffers r Open Waters r 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 ]39.S.width* 3h. Impact (?) Jurisdiction* length* St Construction Temporary Workpad/Causeway Ui to Nort heast Creek Intermittent Both 3 Average (feet) 25 (linearfeet) S2 Flow dissiP anon Permanent Rip Rap Fill UT to Northeast Creek Intermittent Both 3 Avenge (feet) 5 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 5 25 3i. Total stream and ditch impacts: 30 3j. Comments: Permanent impacts of 5 linear feet of UT to Northeast Creek are associated with aRip-Rap flow dissipation area which intends to slow water velocities before they enter the stream. Temporary impacts of 25 linear feet of UT to Northeast Creek are to allow construction access of dissipation area. See permit drawings for impact details 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. r Neuse r-Tar-Pamlico r Catawba r Randleman r Goose Creek fJ Jordan Lake r Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Allowable P UT to Northeast Creek No 659 415 Allowable T UT to Northeast Creek No 764 432 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 764.00 432.00 Zone 1 Zone 2 Total Permanent impacts: 659.00 415.00 Zone 1 Zone 2 Total combined buffer impacts: 1,423.00 847.00 6i. Comments: Permit Drawings for Waters of US and Buffer impacts attached. Water quality calculations attached. Supporting Documentation Bradford_Circle_Permit_Drawings_09.05.2019. pdf Permeable Pavement Calcs.pdf Permeable Pavement Details.pdf E. Impact Justification and Mitigation 1. Avoidance and Minimization 1.79MB 382.51 KB 792.62KB la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Limits of disturbance for the project were limited to the areas necessary for construction/ easements. Impacts to buffers and Waters of the U.S. were limited to the smallest footprint practicable. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fencing will be utilized to control sediment from entering stream and wetland features on site. All staging areas and pre -fabrication of materials will occur on high ground outside of the riparian buffer. Upon completion of project, temporary impact areas within the buffer will be returned to pre - construction elevations and comparably re -vegetated, temporary impacts to UT of Northeast Creek will be returned to pre-constuction morphology and function. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This project impacts of this project will result in 25 temporary and 5 permanent linear feet (LF) of stream impact. The temporary impacted area Will be returned to pre-constuction function and morphology. Regional condition 3.2 requires mitigation be offered for impacts of 150 LF and more. Do to the minimal nature of the impacts of this project we are not proposing mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) r Other SCM that removes minimum 30 % nitrogen P 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 2d. Which of the following stormwater management program(s) apply: W Local Government r State Local Government Stormwater Programs r Phase II W NSW r USMP )` Water Supply Please identify which local government stormwater program you are using. City of Durham Comments: 2c: This project is currently under review for stormwater management with the City of Durham 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 entirely funded by local city funds and does not involve the use of state or federal funds. The project does not meet the three requirements for SEPA applicability listed at the link below. https://deq.nc.gov/permits-regulations/sepa 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15ANCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 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. This is a single and complete project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* rYes 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 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 Sh. Does this project involve the construction/installation of a wind turbine(s)?* r- Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? [ Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Durham county engendered and threatened species listings, NCNHP elements of occurrence. Habitat for smooth cone flower is present in the form of one woods on site. RK&K biologists conducted field surveys during flowering seasons for listed vascular plants, no species of Rhus or Echinacea were observed. The intermittent stream with proposed impacts by the project was dry during the field survey, therefore it is not habitat for listed aquatic species. No federally listed species were observed on site during field surveys and therefore this project will have no effect. Consultation Documentation Upload 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?* https://www.habitat.noaa.gov/application/efhmapper/indexhtmi 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?* f Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* http://gis.ncder.gov/hpovveb/ 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * f Yes r No 8c. What source(s) did you use to make the floodplain determination?* https://msc.fema.gov/portal/search Miscellaneous Comments Property owner list attached Miscellaneous attachments not previously requested. Prop Owner List.pdf 26.28KB [Signature ,W 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: Doug Keller Signature ,Z)a1-V C4&t Date 9/30/2019