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HomeMy WebLinkAbout20220744 Ver 1_ePCN Application_20220525Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 5/25/2022 BIMS # Assigned* Version#* 20220744 1 Is a payment required for this project?* ® No payment required 0 Fee received O Fee needed - send electronic notification Select Project Reviewer* Colleen Cohn:eads\cmcohn Information for Initial Review Reviewing Office* Raleigh Regional Office - (919) 791-4200 la. Name of project: COURTESY COPY Washington Street Residential Project la. Who is the Primary Contact?* Stuart Cullinan lb. Primary Contact Email:* stuart@copernicaprops.com Date Submitted 5/25/2022 Nearest Body of Water Ellerbe Creek Basin Neuse Water Classification WS-IV, NSW Site Coordinates Latitude: 36.008863 A. Processing Information Longitude: -78.899624 lc. Primary Contact Phone:* (919)398-3927 County (or Counties) where the project is located: Durham Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0 Yes ® No la. Type(s) of approval sought from the Corps: EI Section 404 Permit (wetlands, streams and waters, Clean Water Act) O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? E✓ Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 0Yes ®No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: EO 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit 0 Individual 401 Water Quality Certification 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: If. Is this an after -the -fact permit application?* O Yes O No O 401 Water Quality Certification - Express 0 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No lh. Is the project located in any of NC's twenty coastal counties? O Yes O No 1j. Is the project located in a designated trout watershed? OYes 0No B. Applicant Information OYes 0No OYes 0No Id. Who is applying for the permit? ES Owner E2 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: Copernica Properties LLC 2b. Deed book and page no.: 000205 and 000135 2c. Contact Person: Stuart Cullinan 2d. Address Street Address 319 Seawell Avenue Address Line 2 City Raleigh Postal / Zip Code 27601 State / Province / Region NC Country USA 2e. Telephone Number: (919)396-3927 2f. Fax Number: 2g. Email Address:* stuart@copernicaprops.com 3. Applicant Information (if different from owner) 3a. Name: Copernica Properties LLC 3b. Business Name: 3c. Address Street Address 319 Seawell Avenue Address Line 2 City Raleigh Postal / Zip Code 27601 3d. Telephone Number: (919)396-3927 3f. Email Address:* stuart@copernicaprops.com 4. Agent/Consultant (if applicable) 4a. Name: Michelle Measday 4b. Business Name: ECS Southeast LLP 4c. Address Street Address 5260 Greens Dairy Road Address Line 2 City Raleigh Postal / Zip Code 27616 4d. Telephone Number: (919)441-2437 4f. Email Address: * mmeasday@ecslimited.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information lb. Subdivision name: Of appropriate) 1c. Nearest municipality / town: Durham 2. Project Identification 2a. Property Identification Number: 0822-92-71-8637, 0822-92-91-6882, 0832-02- 01-4888, 0832-02-11-3913 2b. Property size: 1.03 2c. Project Address Street Address 948 Washington Street Address Line 2 City Durham Postal / Zip Code 27701 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Ellerbe Creek 3b. Water Resources Classification of nearest receiving water: * WS-IV, NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010403 4. Project Description and History 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: * The site contains remnants of demolished buildings and undeveloped wooded land. The surrounding area includes commercial and residential land uses. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.07 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The site will be developed into a residential development with duplex homes front along Washington Street and single-family residences along Macon Street. In addition to the residential buildings, parking lot, ribbon driveways and stormwater conveyance measures are proposed as part of the development. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Appropriate erosion control measures will be used while the site is prepared and leveled to the desired building elevation. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Typical materials and machinery will be used on -site during the construction process. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* v Yes Comments: A PJD application is included with this submission No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* 0 Preliminary 0 Approved ® Not Verified 0 Unknown O N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* 0 Yes Michelle Measday ECS Southeast LLP No 0 Unknown 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): O Wetlands O Streams -tributaries O Open Waters O Pond Construction 2. Wetland Impacts O Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 29. Impact area* 1 Fill P Small -Basin Wetland W1 No Corps 0.070 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.070 2i. Comments: E. Impact Justification and Mitigation 2g. Total Permanent Wetland Impact 0.070 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The purpose and need for the project includes redevelopment of a vacant site containing demolished buildings to supply residential housing within the community. The foundation and building debris left from the demolition are adjacent to a steep slope leading up to Washington Street. The foundation has filled with stormwater from broken stormwater piping and runoff causing an isolated, scrub-shrub/emergent wetland to develop. Impacts to this wetland are unavoidable with the development of the site. Although the property is zoned industrial, the property is located adjacent to single-family residences. The applicant is seeking re -zoning to a residential use to meet the on -going need in the community for residential housing. Impacts to the 0.07 acre wetland are unavoidable with removal of the foundation and repair of the stormwater conveyance system. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to the wetland cannot be avoided with this project. Site disturbance shall be minimized to the extent practicable in order for the proper installation of the project elements. The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control during roadway development activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 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? O Yes O No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: 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? O Yes U No If no, explain why: There are no streams within the site boundaries. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* OYes• No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)7 0 Yes ® No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local govemment stormwater program? O Yes O No 0 N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: O Local Govemment 0 State Local Government Stormwater Programs OO Phase II O NSW O USMP O Water Supply Please identify which local government stormwater program you are using. Durham County 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?* 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. The project is a stand alone project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* OYes 0No0N/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. Wastewater treatment will be provided through the Durham County. 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?* O Yes • No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* O Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0 Yes • No • No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? 0 Yes • No 5g. Does this project involve bridge maintenance or removal? 0Yes ®No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0Yes ®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? USFWS IPaC and Raleigh Field Office concurrence letter. 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?* NOAA Essential Fish Habitat Mapper 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? * O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC HPO Web Mapper and SHPO concurrence letter. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes O No 8c. What source(s) did you use to make the floodplain determination?* FEMA MSC Mapping 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 1 - ORM Form.pdf 36.54KB 3 - PJD-fellable-form2016-11.pdf 104.02KB 4 - NC ECS Agent Authorization - signed.pdf 202.99KB 4a - Durham Property Record Search-0822-92-71-8637.pdf 232.66KB 4b - Durham Property Record Search-0822-92-91-6882.pdf 643.78KB 4c - Durham Property Record Search-0832-02-01-4888.pdf 213.5KB 4d - Durham Property Record Search-0832-02-11-3913.pdf 216.06KB 5 - 49_15519-A 948 Washington Street Parcels Wetland Delineation Report.pdf 10.84MB 6 - SD-1.0 EXISTIING CONDITIONS.pdf 1.27MB 7 - SD-2.0 Site Plan.pdf 369.1KB 8 - USFWS Response Letter 2022-Mar-07.pdf 198.07KB 9 - NHP Response Letter 2021-Dec-20.pdf 1.25MB 10 - SHPO Response Letter 2022-Feb-07.pdf 128.98KB File must be PDF or KMZ Comments 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 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: Michelle Measday Signature Date 5/25/2022