20200726 Ver 1_401 Application_20200602

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
Initial 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?*
C Yes r No
Change only if needed.
BIMS # Assigned
20200726
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Raleigh Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Rosen Property Pond
1a. Who is the Primary Contact?*
Jeff Harbour
1b. Primary Contact Email:*
[e-mail]
Date Submitted
6/2/2020
Nearest Body of Water
Beaver Creek
Basin
Cape Fear
Water Classification
WS-V; NSW
Site Coordinates
Latitude:
35.7143
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
r Yes r No
Longitude:
-78.9105
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Stephanie Goss:eads\szgoss
1c. Primary Contact Phone:*
[phone]
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 by the 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 solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F- 401 Water Quality Certification - E)press
r 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?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
R 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:
Mr. Kevin Rosen
2b. Deed book and page no.:
2c. Responsible party:
2d.Address
Street Address
4225 Larchmont Road; #662
Address Line 2
city
Durham
Postal / Zip Code
27707
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Rovince / Region
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
4. Agent/Consultant (if applicable)

4a. Name:
Jeff Harbour
4b. Business Name:
ESI/Terracon
4c.Address
Street Address
4901 Trademark Drive
Address Line 2
City
Raleigh
Postal / Zip Code
27610
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
agent authorization. pdf
State / Province / F bgion
NC
Country
USA
4e. Fax Number:
230.43KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Apex
2. Project Identification
2a. Property Identification Number:
072102-65-4073
2c. Project Address
Street Address
2504 Whistling Quail Run
Address Line 2
City
Apex
Postal / Zip Code
27502
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Beaver Creek
3b. Water Resources Classification of nearest receiving water:*
WS-N; 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.
030300020609
4. Project Description and History
2b. Property size:
10.5
State / Province / Region
NC
Country
USA
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:*
Project site consist of a single-family home and an area that was once occupied my a man-made pond. The pond was drained by the previous owner in 2017 with approval from the
Town of Apex The current owner wished to re-establish the pond. USACE staff met with the owner and ESI/Terracon in September 2019 to reviewthe property and discuss the project.
A summary of this meeting can be found in the misc. uploads with this submittal.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
f Yes t: 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)
topo.pdf 228.33KB

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)
4f. List the total estimated acreage of all existing wetlands on the property:
.75
4g. List the total estimated linear feet of all existing streams on the property:
200
4h. Explain the purpose of the proposed project:*
The purpose of the project is to re-establish the pond in its former location, without disturbing the PSS/PEM head -water wetland area that has formed in the upper end of the site. The
applicant wishes to utilize the pond as a fishing and canoeing location for local, under -privileged youth. The applicant has discussed this idea with the town and has received approval
from the town for the pond.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
A pond vdth approximately 1 acre of surface area will be constructed without incurring any stream impacts. The pond will impact approximately 0.03 acre of a wetland swale, vegetated
with thick herbaceous species. The normal pool elevation has been designed to be 267', which is the average elevation of the ground surface inside the wetland. This normal pool will
allow for the current hydrologic conditions in the wetland area to be maintained without any detrimental impact. This 0.26-acre wetland is located in what once was the upper end of the
original pond and consists of both herbaceous and shrub vegetation. The wetland currently experiences periodic inundation up to approximately 6 inches after rain events. The normal
pool of the pond will help maintain this hydrology through the use of an equalizer pipe that will be installed under an upland berm that will separate the pond from the wetland. This berm
will also provide for pedestrian access around the upper end of the pond. Without this berm, access would not be possible. A 50-foot Jordan Lake buffer, that once was present around
the original pond, will once again encompass the newly constructed pond.
Typical construction equipment will be used including back hoes, excavators, dump trucks, etc...
4j. Please upload project drawings for the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No C Unknown
Comments:
The area within the proposed footprint was delineated. USACE has reviewed maps during a pre-
applicaiton meeting.
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): Jeff Harbour
Agency/Consultant Company: ESI/Terracon
Other:
SM. Jurisdictional determination upload
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
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries r Buffers
r Open Waters W Pond Construction
2. Wetland Impacts
2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) �2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*M area*
1 Pond JP Non -Tidal Freshwater Marsh unnamed L_J
Both 0.030
(acres)

2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.030
2g. Total Wetland Impact
0.030
2h. Comments:
Wetland was reviewed and confirmed by USACE as a linear wetland swale densely vegetated with herbaceous species.
5. Pond or Lake Construction
5a. Pond ID number 5b. Proposed use or purpose of 5c. Wetland 5d. Stream 5e. Upland
pond impacts impacts (feet) (acres)
(acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Other 0.03 0 0 0 0 0 1.0
P2
5f. Total:0.03 0 0 0 0 0 1
5g. Comments:
5h. Is a dam high hazard permit required?
r Yes O No
If yes, permit ID no:
5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres):
1 137
5k. Method of construction:
excavation and construction of dam with outfall. No stream impact proposed
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The design of the project takes into account the elevation of the remaining wetland area. The normal pool elevation has been set at that same
elevation to prevent any negative effects of flooding on the wetland. The use of an equalizer pipe will further reduce any chance of detrimental effects.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Tree protection and silt screens will be used to protect both wetlands and downstream areas. Any excavated material will be stored in a secure upland
location with adequate silt fencing. The equalizer pipe will help maintain normal hydrology in the undisturbed wetland area.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Project does not exceed mitigation threshold
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
j— Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SMNT)
r Other SCM that removes minimum 30 % nitrogen
W 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
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 21-1.0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes 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 pond construction will not result in any 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
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 any trees 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?
NCNHP database and onsite assessment by ESI/Terracon biologists
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?*
EFH Mapper by NOAA
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?*
SHPO GIS
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
NC Floodmaps
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
USACE Meeting Results.pdf 120.16KB
Signature u
*
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:
Jeff Harbour
Signature
Date
6/2/2020

USACEINCDWR Agent Authorization Form
Property/Site:
Address of Site: 2504 Whistling Quail Run
Apex, NC 27502
Parcel Identification Number (PIN)- 0721654073
Owner Information:
Name: Kevin Rosen
Address: 2504 Whistling Quail Run
Apex, NC 27502
Telephone Number: 917-846-8100
Fax Number: NIA
E-mail Address- [e-mail]
Property Owner Certification:
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)
and/ or the North Carolina Division of Water Resources (NCDWR) 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 (WOTUS) subject to Federal/State jurisdiction under Section
404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
Terracon, as designated by the current property owner, is the authorized consultant to coordinate,
schedule, and provide supplemental info ion to both agencies in support of this verification
and/or permit application. z,// 7
Property Owner Signature:
Date: o
E�Iracnn uonsubnts Inc 2401 Frentwuod P.oad, Soite 10T Raleigh, NC 28208-3602
r.. r,19_873.2211 F: 919-878-5555 terracon_c©m

t
W� _ ► i /1�
►�f
r�+

ENVIRONMENTAL
SERVICES, INC.
Memo Alferracon COMPANY
TO: Mr. Kevin Rosen
Harbour, DNe�snlY Harb.° Jeff W..-'�e..
FROM: Jeff Harbour °. J°ff"°`°°°` °"°` °m
Jeff W Date 201910D 1505r004-04 00
CC: Peter Cnossen, PE
DATE: October 1, 2019
RE: Pond Consultation on Whistling Quail Run Property
I met with James Lastinger of the U.S. Army Corps of Engineers (USACE) on September 30,
2019 on your property to discuss obtaining approval from USACE to construct a pond. We
discussed your desire to construct a pond like what was originally present and the fact that you
are hoping to make the pond a possible amenity for the surrounding community.
We reviewed the entire area, including the locations where the stream would enter and exit the
proposed pond. The wetland area that remains in the southwest corner was also reviewed.
James stated that this wetland was beneficial and should be considered when designing the pond.
We concluded that a pond can likely be constructed without impacting any stream channel and
only a small amount of wetland. The ditch that occurs along the eastern side of the drained pond
area is not being considered a stream by USACE and will likely be viewed as a minor wetland
impact.
The following points were made by USACE and must be taken in account to get to the next phase
of the project:
1. The existing wetlands and stream origin points need to be delineated and surveyed.
2. The pond design must utilize the original outfall location and avoid any upslope or
downslope stream impacts.
3. The design must demonstrate that the wetland located in the southwest corner will not be
inundated with more than 6 inches of water to avoid being considered a permanent impact.
4. James will meet with us again once we are at the next stage of project planning. If he
agrees with the approach we would then be able to move into permitting phase.
Overall, the outcome of yesterday's meeting was very positive, and I believe we can meet your
goal of having this pond constructed. If you wish, I can prepare a scope of services and cost
estimate to get us to the next stage of the project.
Raleigh, North Carolina