20230423 Ver 1_ePCN Application_20230320

DW R
DHlsloo of Water Resources
Pre -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?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
11/30/2022
BIMS # Assigned
20230423
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Morris Tract
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/20/2023
Nearest Body of Water
Reedy Branch
Basin
Cape Fear
Water Classification
WS-IV:NSW
Site Coordinates
Latitude:
35.752308
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Longitude:
-78.888464
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:[e-mail]
1c. Primary Contact Phone:*
[phone]
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
1b. What type(s) of permits) 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:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
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
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:
1f. Is this an after -the -fact permit application? *
Yes No
fig. 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
1h. 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. Nani on recorded deed:
Morris, Edith S
2b. Deed book and page no.:
DB:13-E, DP:3894
2c. Contact Person:
2d. Address
Street Address
7208 Morris Acres Rd
Address Line 2
City
Apex
Postal / Zip Code
27523-5822
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
NC Department of Transportation Turnpike Authority Transportation Section
2b. Deed book and page no.:
DB:014456, DP:00047
2c. Contact Person:
2d. Address
Street Address
1505 Mail Service Center
Address Line 2
city
Raleigh
Postal / Zip Code
27699-1505
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Chris Raughley
3b. Business Name:
Pulte Home Company, LLC
3c.Address
Street Address
1225 Crescent Green Drive
Address Line 2
Suite 250
city
Cary
Postal / Zip Code
27518
3d. Telephone Number:
[phone]
3f. Email Address:*
Chris. ra [e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 104
city
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
0. Email Address:*
[e-mail]
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]

C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Apex
2. Project Identification
2a. Property Identification Number:
0732382709, 0732382530, 0732289578,
2b. Property size:
0732295017
17.1
2c. Project Address
Street Address
7208 Morris Acres Road
Address Line 2
city
State / Province / Region
Apex
NC
Postal / Zip Code
Country
27502
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Reedy Branch
3b. Water Resources Classification of nearest receiving water:"
WS-IV;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
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: "
Existing conditions consist of four parcels of land that are primarily agricultural fields, with some wooded riparian buffers and perimeter buffers. There are three wetlands (W1, W2, & W3),
two streams (A & B), and one pond constructed in uplands (Pond 1). These properties are bound by Morris Acres Road (aka Green Level Church Road) to the south and west. General
land use in the vicinity consist of residential developments and agricultural land.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.90 acres of wetlands
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 145 LF of streams
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a residential subdivision.
4L Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project consists of a mixed single-family and townhome unit residential development and the construction of roadway infrastructure, utilities, mailbox kiosk and a Stormwater
Control Measure. Specifically there are stream and wetland impacts associated with a road crossing, and stormwater discharge. Equipment typically used for construction and earthwork
such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-02450

5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental Consultants, PA
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE: SAW-2021-02450 concurrence email December 2, 2021 by Lyle Phillips.
TOA: Apex 20-017 verified on November 19, 2021 by James Misciagno
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?
No all phases shown within the existing site plan. It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP,
Regional General Permits, or IP 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
a
2a1 Reason (?)
2b. Impact type* (?)]2c.
Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
(?)
2g. Impact
area *
Impact 1
Road Crossing-
T
Headwater Forest
W2
Yes
Both
0.028
Temporary Construction
(acres>
Access
Impact 1
Road Crossing -Culvert
P
Headwater Forest
W2
Yes
Both
0.101
&Grading
(acres)
Impact 2A
SCM-Drainage ditch
t
Headwater Forest
W2
Yes
Both
0.012
grading
(acres)
Impact 2B
Drainage ditch grading
L
Headwater Forest
W2
Yes
Both
0.004
(acres)
2g. Total Temporary Wetland Impact
0.028
2g. Total Wetland Impact
0.145
21. Comments:
Total permanent loss wetland = 0.117 acres; total temporary wetland impacts = 0.028 acres.
2g. Total Permanent Wetland Impact
0.117
Temporary wetland impacts will be brought back to pre -construction contours and the existing adjacent wetland source will assist in the restoration of the
wetland vegetation.
3. Stream Impacts
❑
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
g1
Road Crossing -Temporary
Construction Access
Temporary
Other
Stream B
Intermittent
Both
Averege (feet)
14
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
14
3i. Total temporary stream impacts:
14

3j. Comments:
Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized.
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:
S&EC completed a wetland delineation and Jordan Watershed Buffer evaluation for the entire property in order to identify natural resources so that
impacts could be avoided & minimized to the maximum extent practicable. Impact 1 is proposed road crossing. Proposed impacts include permanent
wetland impacts (i.e. culvert & headwalls), and temporary wetland impacts (i.e. construction access). This road crossing is necessary to provide access
to the lots within the northern portion of the property. Wetland impacts have been minimized by utilizing head walls at the crossing, and by shifting the
crossing to the southeast to avoid permanent stream impacts. Wetland mitigation is being proposed at a 2:1 ratio to compensate for these proposed
impacts. Impact 2A is proposed grading for an SCM and retaining wall. Proposed impacts included permanent wetland impacts. Wetland mitigation is
being proposed at a 2:1 ratio to compensate for these proposed impacts. Impact 2B is proposed drainage ditch grading needed for bypassing flows.
Proposed impacts included permanent wetland impacts. Wetland mitigation is being proposed at a 2:1 ratio to compensate for these proposed impacts.
Temporary wetland impacts will be brought back to pre -construction contours and the existing adjacent wetland source will assist in the restoration of the
wetland vegetation. It should be noted that the No Practical Alternatives review will be submitted to the Town of Apex for review and anticipated
approval.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Temporary cofferdams, temporary pump around, dewatering pump with sediment bag, silt fencing, temporary diversions with check dams, temporary
sediment basins
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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
0
4d. Buffer mitigation requested (DWR only):
(square feet)
0
4f. Non -riparian wetland mitigation requested
(acres)
0
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.24
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were four (4) banks listed within the 03030002 HUC that had riparian wetland
credits available. All four (4) were contacted and no riparian wetland credits are available, therefore the NCDMS was utilized.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
8
Ga. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes
No
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 NC DOT 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
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Apex
Comments:
Wet pond
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.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and
silvicultural operations. The Morris Tract project is a residential development. Additionally, the project is located within the Town of Apex jurisdiction,
therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Jordan
Watershed Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse flow"
requirements and may require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; 2) the Water Supply, Watershed
Protection Program which limits development densities as well as requires protective riparian buffers; and 3) the Phase II NPDES Stormwater Permit
Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction
Stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed.
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.
Non -discharge. Western Wake Regional Water Reclamation Facility
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?
S&EC reviewed the NCNHP Data Explorer on March 9, 2023 to determine if there were any elemental occurrences for federally threatened or
endangered species within the project area, or within 1 mile of the project. The NHP identified that there are no elemental occurrences for federally
threatened or endangered species within 1 mile of the site, as well as no critical habitat within 1 mile of the site.
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 Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
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? *
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on March 9, 2023, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries.
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?
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
O
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
PCN Attachments —Morris Tract.pdf 17.51 MB
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:
Deborah E. Shirley
Signature
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Date
3/20/2023