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HomeMy WebLinkAbout20220087 Ver 1_ePCN Application_20220114fr.,f DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6, 2021 Ver 4.2 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* Version#* 20220087 1 Is a payment required for this project? No payment required What amout is owed?* Fee received $240.00 Fee needed - send electronic notification $570.00 Reviewing Office* Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Colleen Cohn:eads\cmcohn Information for Initial Review 1a. Name of project: Roberts Road Townhomes la. Who is the Primary Contact?* Jason Hartshorn, PWS (Kimley-Horn) 1 b. Primary Contact Email: * 1c. Primary Contact Phone:* jason.hartshorn@kimley-hom.com (919)678-4155 Date Submitted 1/14/2022 Nearest Body of Water Jack Branch Basin Cape Fear Water Classification WS-V; NSW Site Coordinates Latitude: Longitude: 35.765134 -78.881575 A. Processing Information u County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 58 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 29 - Residential Developments 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: 1f. Is this an after -the -fact permit application?* Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Toll Brothers, Inc. (Under Contract to Purchase) 2b. Deed book and page no.: N/A 2c. Contact Person: Jeff Westmoreland, PLA - Land Entitlements Manager, Raleigh 2d.Address Street Address 900 Perimeter Park Drive, Suite B3 Address Line 2 City Morrisville Postal / Zip Code 27560 2e. Telephone Number: (919)801-6851 2g. Email Address: jwestmoreland@tollbrothers.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region North Carolina Country USA 2f. Fax Number: Yes No Yes No U 4. Agent/Consultant (if applicable) 4a. Name: Jason Hartshorn, PWS 4b. Business Name: Kimley-Horn 4c.Address Street Address 421 Fayetteville Street, Suite 600 Address Line 2 City Raleigh Postal / Zip Code 27601 4d. Telephone Number: (919)678-4155 4f. Email Address:" jason.hartshorn@kimley-horn.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) N/A 1c. Nearest municipality / town: Cary 2. Project Identification 2a. Property Identification Number: See Figure 5: Property Parcels Map and Property Parcels Table 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Jack Branch 3b. Water Resources Classification of nearest receiving water:* WS-V; NSW 3c. What river basin(s) is your project located in?* Cape Fear State / Province / Region North Carolina Country USA 4e. Fax Number 2b. Property size: Stale / Province / Region Country 3d. Please provide the 12-digit HUC in which the project is located. 030300020608 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 proposed residential development is located at Page Road, directly east of Roberts Road, and the proposed associated sanitary sewer line will extend north from the development, along the eastern side of 1-540. The proposed sewer line will then turn west and cross 1-540 just south of Jack Branch, eventually tying into the existing Town of Cary sanitary sewer line at Linville Gorge Way in Wake County, North Carolina. The project site is largely composed of undeveloped forested areas scattered with multiple single family residences and existing roadway corridors. The project vicinity is primarily composed of undeveloped forested areas, moderately dense residential development, and existing roadway corridors. NOTE: The attached Figure 3 depicts the results of all delineations within the project using an adjusted labelling convention, relabeling the S&EC and Ecological Engineering, LLP mapping to streams S1-S6 and wetlands W1-W7. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown u 4f. List the total estimated acreage of all existing wetlands on the property: 0.086 acres 4g. List the total estimated linear feet of all existing streams on the property: 325 linear feet 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential townhouse development and associated sanitary sewer extension to service the proposed development in Wake County, INC. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed project includes the construction of 99 townhomes as part of a residential development located within six property parcels (see Figure 5) at the corner of Page Road and Roberts Road in Cary, North Carolina. The proposed development is located outside of the current Town of Cary sanitary sewer service area; therefore, the project is proposing the extension of the existing sanitary sewer system to serve the proposed development by gravity sewer. The proposed associated sanitary sewer line will extend north from the development, along the eastern side of 1-540, then turn west and cross 1-540 just south of Jack Branch. The proposed sewer line will tie into the existing Town of Cary sanitary sewer line at Linville Gorge Way (Figure 1). The proposed sanitary sewer extension will be handed over to the Town of Cary for long term maintenance and operation and will be protected by a public utility easement. Construction equipment typical of residential and structural development projects and utility projects will be utilized including dump trucks, graders, bulldozers, cranes, asphalt pavers, excavators, and concrete trucks. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: See Section 5d. No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: AID# 2016-00945 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Bob Zarzecki (Soil & Environmental Consultants, PA); (Heather Smith (Ecological Engineering, LLP) Agency/Consultant Company: Soil & Environmental Consultants, PA; Ecological Engineering, LLP Other: Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The property parcels (PINS: 0733531087, 0733433001, 0733434406, 0733439208, 0733531378, and 0733439535) where the residential site development is proposed were delineated by Soil & Environmental Consultants, PA (S&EC) on April 26, 2017. Additionally, S&EC delineated a portion of the sanitary sewer line extension on October 26, 2020. A Buffer Determination Letter (Wake County #WC-18-001) was issued for the parcels by Betsy Pearce of the Wake County Water Quality Division on May 24, 2018. A Jurisdictional Determination has not been pursued for the site or part of the sanitary sewer line extension; however, the delineation has been completed and is shown in the attached documentation. Additionally, the remainder of the sanitary sewer extension was delineated by Ecological Engineering, LLP on April 26, 2016. A Buffer Determination Letter (JBRRO #16-181) for the sewer line extension was issued by Erin Deck of the NCDWR on June 21, 2016 and a Preliminary Jurisdictional Determination (AID# 2016-00945) was issued by Tasha Alexander of the USAGE on June 27, 2016. The above referenced determinations are included as part of this permit application package. 6. Future Project Plans 6a. Is this a phased project?* Yes • 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? The proposed project is a single and complete undertaking and no additional phases are anticipated. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason (?) Conversion Impacts for Utility Easement 2b. Impact type* (?) P 2c. Type of W. Bottomland Hardwood Forest 2d. W. name* Wetland W5 2e. Forested* Yes 2f. Type of Jurisdicition* Corps 2g• Impact area 0.026 (acres) Temporary Construction Easement/Access T Bottomland Hardwood Forest Wetland W5 Yes Corps 0.020 (acres) Conversion Impacts for Utility Easement P Bottomland Hardwood Forest Wetland W6 Yes Corps 0.023 (acres) Temporary Construction Easement/Access T Bottomland Hardwood Forest Wetland W6 Yes Corps 0.008 (acres) 2g. Total Temporary Wetland Impact 0.028 2g. Total Wetland Impact 0.077 21. Comments: 2g. Total Permanent Wetland Impact 0.049 Unavoidable permanent and temporary impacts to wetlands in the vicinity of Jack Branch will result from the construction of the sanitary sewer line and new sewer easement associated with the proposed residential development. Permanent wetland (conversion only) impacts to wetland W5 at Impact Site 2 and wetland W6 at Impact Site 4 are due to the installation of the sanitary sewer line and designation of permanent sewer easement for future maintenance. No permanent impacts to wetlands due to dredge or fill will result from the proposed project. Temporary impacts to wetlands will result from construction easement/access necessary for the installation of the utility line. Temporary impacts will be restored to pre -construction contours and re -vegetated with native species upon completion of the proposed project. 3. Stream Impacts 3a. Reason for impact (?) 36.Impact type 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width* 3h. Impact 0?) Jurisdiction* length* S7 Temporary Construction Temporary Other Stream S5 Intermittent Corps 42 Easement/Access Average (feet) Qinear feet) gy Temporary Construction Temporary Other Stream S6 Intermittent Corps 44 Easement/Access Average (feet) Qinear feet) S3 Road Widening and Culvert Permanent Other ffa:m:S 1 Perennial Corps 120 Replacementlimprovement Average (feet) pmear feep S4 Outlet Protection (No �771ff:] Other Stream S1 Perennial Corps 57 Loss of Water) Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 177 3i. Total stream and ditch impacts: 263 3i. Total temporary stream impacts: 86 3j. Comments: Unavoidable permanent and temporary impacts to unnamed tributaries to Jack Branch will result from the proposed project. The following includes the stream impacts calculated in acreage: S1 (Impact Site 2) = 0.004 acres of temporary impact to stream S5 - S2 (Impact Site 4) = 0.006 acres of temporary impact to stream S6 S3 (Impact Site 8) = 0.009 acres of permanent impacts to stream S1 - S4 (Impact Site 8) = 0.008 acres of permanent impact (no net loss of water) to stream S1 Permanent impacts to stream S1 will result from a culvert replacement and improvement due to the widening of Page Road as part of the proposed residential development (Impact Site 8). Additionally, permanent impacts resulting in no net loss of stream S1 are proposed downstream and upstream of the new culvert headwalls at Impact Site 8. Upstream of the existing culvert inlet, the accumulation of alluvial sediment deposition is currently impeding the flow of stream S1 and blocking the undersized culvert, resulting in the stream overtopping the culvert and washing out the road. During the installation of the proposed improved culvert, this sediment will be removed to alleviate flow and stream S1 will be graded to match in -channel contours above the culvert disturbance area. In addition, downstream of the existing culvert outlet, stream S1 is scoured due to overwash from the undersized culvert. Therefore, the project is also proposing to install rip rap that will be keyed into the streambed and banks at the new culvert outlet to provide stabilization and prevent future erosion. The installation of the proposed sanitary sewer line will require temporary construction easementlaccess and will result in temporary stream impacts only (Impact Site 2 and Impact Site 4). Temporary impacts will be restored to pre -construction contours and revegetated upon completion of the proposed project. 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: Impacts to the wetlands, streams, and riparian buffers within the project area were avoided and minimized to the extent practical throughout the design of the project. Permanent wetland impacts have been minimized to permanent wetland conversion impacts only as a result of the installation of the proposed sanitary sewer line, a necessary utility for the proposed residential development, and designation of permanent sewer easement for future maintenance. No permanent impacts to wetlands due to dredge or fill will result from the proposed project. Permanent stream impacts have been minimized and are limited to a single crossing at Impact Site 8 as a result of the road widening and associated culvert replacement to improve the existing undersized culvert at Page Road. To minimize stream impacts, the access roadway off of Roberts Road into the residential development is designed as a widening and improvement of the existing roadway, Page Road, within the property, instead of a new alignment. In addition, the proposed culvert at the Page Road crossing is replacing in -place and improving the existing culvert to properly accommodate the stream's flow and prevent future erosion within the channel and prevent sedimentation impacts to downstream receiving waters. Due to the existing undersized culvert, substantial alluvial sediment has been deposited within the stream at the culvert inlet that is impeding the flow and resulting in overwash along the road. As a result, the stream is scoured downstream at the existing culvert outlet. Therefore, additional permanent stream impacts, resulting in no net loss of stream, at Impact Site 8 are proposed to remove the deposited alluvial sediment, restore the in -channel contours, and stabilize the stream to prevent further erosion. Culvert headwalls have been designed to reduce stream impacts and wingwalls are proposed to reduce impacts to the surrounding riparian buffer areas. The installation of the proposed sanitary sewer line will result in temporary stream impacts only. All stream crossings for the proposed project have been designed to cross perpendicularly to minimize impacts. Proposed buildings and parking have been located entirely in upland areas outside of jurisdictional features. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to the jurisdictional features within the project area will be minimized and avoided to the extent practical throughout the construction process. Where feasible, staging and construction access routes will be located in upland areas throughout the project area. Silt fencing will be installed around the construction site to help ensure that all construction equipment will remain within the permitted limits of disturbance throughout the construction process. Temporary erosion and sediment control measures will be used to reduce construction stormwater impacts to receiving waters and minimize runoff from the construction site. 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 this project DOES NOT require Compensatory Mitigation, explain why: As a result of the proposed project, total permanent (conversion only) wetland impacts (0.049 acres) are less than 0.10 acres and total permanent stream impacts that result in a loss of waters (0.009 acres) are less than 0.02 acres; therefore, compensatory mitigation is not proposed. 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? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes 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? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phasell NSW USMP Water Supply Please identify which local government stormwater program you are using. Town of Cary Comments: The proposed project will receive stormwater approval from the Town of Cary, the state -approved local government stormwater program, prior to construction. The attached plan sheets show the proposed SCM devices that have been sized to treat and remove nutrients from the stormwater generated from the proposed residential development before discharging into the protected riparian buffer. However, stormwater will not be concentrated, collected, or discharged as a result of the proposed associated sanitary sewer line. Detailed Erosion Control Plans are included as part of the attached Site Development Plans for the proposed Roberts Road Townhomes. Two permanent wet, skimmer sediment basins are proposed as part of the residential development to collect and concentrate stormwater generated from the site and reduce runoff into adjacent waters. Additionally, one temporary wet, skimmer sediment basin will be utilized to collect stormwater in the early phases of construction. All collected stormwater within the basins will be discharged at non -erosive velocities outside of zone 2 of the Jordan Lake Watershed protected riparian buffers. Silt fencing will be installed around the construction site to help ensure that all construction equipment will remain within the permitted limits of disturbance throughout the construction process and to minimize runoff and reduce sedimentation into adjacent waters. v G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. Construction of the proposed project will not result in cumulative impacts or additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The proposed residential development will be serviced by a gravity sanitary sewer system that will tie into an existing Town of Cary line along Linville Gorge Way, north of the site, and along Roberts Road, directly west of the site. 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 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? As of December 15, 2021, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) database lists three potential species known to occur in or within the project area. The bald eagle (Haliaeetus leucocephalus) also has potential to occur in the project vicinity and is protected under the Bald and Golden Eagle Protection Act (BGPA). However, Kimley-Horn reviewed the NC Natural Heritage Program element occurrence database (updated October 2021) and no known occurrences of any federally listed threatened or endangered species were identified in or within 1.0 mile of the project area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * The NOAA Essential Fish Habitat Mapper was reviewed on December 15, 2021. No essential fish habitat was identified within the project area or within the vicinity of the project area. 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A review of the North Carolina State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database was performed on December 15, 2021 and no National Register sites or National Register Study List sites were identified within the project area. One Study List site was identified within 1.0 mile of the project area, Upchurch-Willimas House, and it located at 7213 Roberts Road approximatley 0.11 mile east of the project area. However, due to the nature of the project and the minimal visual impact resulting from the development, it is anticipated that the proposed project will have no effect on any historical, cultural, or archaeological resources within the project vicinity. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* The FEMA Digital Flood Insurance Map (DFIRM) Panel 3720073300J (effective May 6, 2006) accessed on January 14, 2022 indicates there are 1 annual chance flood hazard ( Zone AE) areas and future conditions 1 % annual chance flood hazard areas associated with Jack Branch within the project area where the sewer extension is proposed. No FEMA-regulated floodways or 0.2 % annual chance flood hazard areas were identified within the project area. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document 01_RobertsRd_CoverLetter.pdf 533.05KB 03_RobertsRoad_USACE_KHA_AgentAuth_Signed.pdf 925.09KB 04_RobertsRd_Figures.pdf 4.89MB 04a_RobertsRd_PropertyParcelsTable.pdf 5.12KB 05_RobertsRd_Delineation&Verification_Documentation.pdf 22.66MB 06_Enviro Permit Drawings_RobertsRd_20220110.pdf 9AMB 07_CivilPlans_RObertsRd_20211207_ROberts Road.pdf 107.16MB 08_UtilitiesPlans_RobertsRd_20211130_401404 Submittal Set.pdf 23.86MB File must be PDF or KMZ Comments A No Practical Alternatives Analysis (NPAA) Request is being prepared and submitted to the Town of Cary, the delegated municipality, to obtain authorization for work within the identified protected riparian buffers. Unavoidable permanent buffer impacts will result from the construction of the residential development, including impacts from widening and improving Page Road to facilitate access, and from the construction of the associated sanitary sewer extension. Temporary impacts to the riparian buffer zones will result from the required access to construct the development and extend the sanitary sewer line. Buffer mitigation for the proposed project will be coordinated with the Town of Cary. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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 INC 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: Jason Hartshorn, PWS (Kimley Horn) Signature Date 1/14/2022