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HomeMy WebLinkAbout20230434 Ver 1_ePCN Application_20230322DW 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:
2/21/2023
BIMS # Assigned
20230434
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
1a. Name of project:
Holly Springs Operations Center
1a. Who is the Primary Contact?*
Rick Toone
1b. Primary Contact Email: *
rtrone@withersravenel.com
Date Submitted
3/22/2023
Nearest Body of Water
Utley Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude:
35.648431
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:
-78.856674
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas@ncdenr.gov
1c. Primary Contact Phone:*
(919)538-8184
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:
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
39 - Commercial/Institutional 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
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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:
Town of Holly Springs
2b. Deed book and page no.:
018267/02717
2c. Contact Person:
Kimberly Keyes
2d. Address
Street Address
128 South Main Street
Address Line 2
City State / Province / Region
Holly Springs NC
Postal / Zip Code Country
27540 USA
Yes No
Yes No
2e. Telephone Number:
(919)557-2929
2g. Email Address:*
kimberly.keyes@hollyspringsnc.gov
2a. Name(s) on recorded deed:
301 Green Oaks, LLC
2b. Deed book and page no.:
019087/01093
2c. Contact Person:
Christopher W. Brewer
2d.Address
Street Address
400 N. Ashley Drive
Address Line 2
Suite 100
city
Tampa
Postal / Zip Code
33602
2e. Telephone Number:
(813)221-1588
2g. Email Address:*
cbrewer@cmpreit.com
3. Applicant Information (if different from owner)
3a. Name:
Kimberly Keyes
3b. Business Name:
Town of Holly Springs
3c. Address
Street Address
128 South Main Street
Address Line 2
city
Holly Springs
Postal / Zip Code
27540
3d. Telephone Number:
(919)557-2929
3f. Email Address:*
kimberly.keyes@hollyspringsnc.gov
4. Agent/Consultant (if applicable)
4a. Name:
Rick Trone
4b. Business Name:
WithersRavenel
4c.Address
Street Address
115 MacKenan Drive
Address Line 2
city
Cary
Postal / Zip Code
27511
4d. Telephone Number:
(919)538-8184
4f. Email Address:*
rtrone@withersravenel.com
2f. Fax Number:
State / Province / Region
FL
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
C. Project Information and Prior Project History
0
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Holly Springs
2. Project Identification
2a. Property Identification Number:
0649311134 & 0649206441
2c. Project Address
Street Address
351 Green Oaks Parkway
Address Line 2
City
Holly Springs
Postal / Zip Code
27540
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Utley Creek
3b. Water Resources Classification of nearest receiving water:"
C
3c. What river basin(s) is your project located it *
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040102
4. Project Description and History
2b. Property size:
±33.57
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 project site is vacant and forested with a mixture of hardwood and pine. Land use in the vicinity is a mixture of commercial, industrial, and residential. A wastewater treatment plant for
the Town is located immediately east of the site.
The USACE issued Preliminary JD for the adjacent Ferguson Warehouse project on April 19, 2019 (SAW-2013-00482) which includes the area associated with the Bumgardner Drive
extension over Stream 1. A copy of the USACE Preliminary JD has been provided as an attachment.
NCDWR issued a stream determination for the proposed project project on October 20, 2022 (CFRRO #22-393). A copy of the NCDWR Stream Determination letter has been provided as
an attachment.
WithersRavenel conducted a delineation of the wetlands and streams on July 28, 2022. A USACE JD request was submitted on November 29, 2022, for the project area. As of the date of
this application, a response to the USACE JD Request submittal has not been received.
WithersRavenel submitted the 401 Pre -Filing Meeting Request via email on February 21, 2023. A copy of the request email has been provided as an attachment.
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:
0.067 acres
4g. List the total estimated linear feet of all existing streams on the property:
404 linear feet, 170 linear feet within Ferguson Warehouse Property (PIN 0649311134)
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct the Town of Holly Springs Operations Center to centralize the Town's operations and increase efficiency and functionality.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed Holly Springs Operations Center is to be constructed on land owned by the Town with the initial phase consisting of the construction of the Bumgardner Road extension,
laydown areas, and drainage work. Subsequent phases will include a new two-story administration building featuring offices and meeting spaces, a yard waste drop off for citizens, and a
28,000-sf warehouse and office space building to house Public Works staff and equipment. An added benefit is the location of the proposed operations center is just west of the existing
Utley Creek Water Reclamation Facility. Together with the reclamation facility, the operations center will be known as the Holly Springs Business Park.
Access to the proposed project will be provided by extending the existing Bumgardner Drive stub road which will require one stream crossing of Stream 1 (intermittent). The proposed road
crossing will be constructed with a traditional culvert and riprap dissipator at the stream crossing. The northern portion of the project area containing the Bumgardner Drive stub road is
located within the existing Ferguson Warehouse Project for which the USACE issued a Preliminary JD on April 19, 2019 (SAW-2013-00482). A copy of the Preliminary JD has been
provided as an attachment. NC DOT intends to construct a new connector road from the east to serve as the second access road to the proposed center. However, this will be designed
and permitted by NCDOT and is not part of the proposed project.
There are no proposed impacts for construction of utilities, stormwater treatment, buildings, or parking areas.
Future phases of the business park are anticipated to add a fleet maintenance building, fueling center, and vehicle wash area for Town equipment and vehicles. Additionally, additional
storage and staging areas are expected to be added during a later phase. There will be no additional stream or wetland impact necessary for the construction of the future phases and all
impacts for the proposed project are addressed in this application.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
A PJD was issued for the Ferguson Warehouse Project (SAW-2013-00482)
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alyssa Ricci, David Gainey (Ferguson Warehouse Project)
Agency/Consultant Company: WithersRavenel, Sage Ecological Services, Inc. (Ferguson
Warehouse Project)
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The USACE issued Preliminary JD for the adjacent Ferguson Warehouse project on April 19, 2019 (SAW-2013-00482) which includes the area associated with the Bumgardner Drive
extension over Stream 1. A copy of the USACE Preliminary JD has been provided as an attachment.
NCDWR issued a stream determination for the proposed project on October 20, 2022 (CFRRO #22-393). A copy of the NCDWR Stream Determination letter has been provided as an
attachment.
WithersRavenel conducted a delineation of the wetlands and streams on July 28, 2022. A USACE JD request was submitted on November 29, 2022, for the project area. As of the date of
this application, a response to the USACE JD Request submittal has not been received.
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
The initial phase is composed of the construction of the Bumgardner Road extension, laydown areas, and drainage work. Subsequent phases will include a new two-story administration
building featuring offices and meeting spaces, a yard waste drop off for citizens, and a 28,000-sf warehouse and office space building to house Public Works staff and equipment.
Future phases of the business park are anticipated to add a fleet maintenance building, fueling center, and vehicle wash area for Town equipment and vehicles. Additionally, additional
storage and staging areas are expected to be added during a later phase. There will be no additional stream or wetland impact necessary for the construction of the future phases and all
impacts for the proposed project are addressed in this application.
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?
N/A
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
3. Stream Impacts
u
3a. Reason for impact (1) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact
?) Jurisdiction* length*
S1
Construction Access
Temporary
Other
Stream 1
Intermittent
Both
Average (feet)
(linear feet)
S2
Roadway/Grading
Permanent
Culvert
Stream 1
Intermittent
Both
85
Averege (feet)
(linear feet)
S3
Rip Rip Dissipator
Permanent
Rip Rap Fill
Stream 1
Intermittent
Both
17
Averege (feet)
(linear feet)
S4
Construction Access
Temporary
Other
Stream 1
Intermittent
Both
4
5
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
102
3i. Total stream and ditch impacts:
115
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
13
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to site plan design, the applicant requested that a detailed delineation be conducted so that impacts to wetlands and "waters" could be minimized
Proposed permanent impacts for construction of the center have been minimized to only those necessary for construction of one road crossing to access
developable uplands within the site. The location of the access road from the north is due to the desire to connect tie into the existing Bumgardner Drive
stub road. The proposed road crossing has been designed to cross Stream 1 perpendicularly to minimize impacts. Additionally, headwalls have been
designed at the stream crossing to stabilize road fill and further minimize impacts.
The riprap dissipator below the Stream 1 road crossing will be constructed such that the riprap will be installed by burying the riprap such that the top of
the riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of
stream channel.
The site was designed around jurisdictional features and there are no impacts proposed for stormwater, utilities, parking, or buildings.
Upon completion of construction, all temporarily impacted stream channels will be restored to pre -construction conditions and grades, and temporarily
stabilized with biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream bed.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Access during construction will occur within uplands. Additionally, sediment and erosion control measures will be installed prior to construction. Standard
commercial construction equipment and techniques will be used to construct the proposed project and access will come from upland areas.
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:
The proposed project will result in 0.004 acres (85 If) of permanent stream impacts with functional loss. Because the proposed total permanent stream impacts with functional loss do not
exceed 0.02 acres, the applicant does not propose stream mitigation.
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?
Yes No
If no, explain why:
Project is located within the Cape Fear River Basin outside of the Jordan Lake watershed. The project site is not located within a state -regulated riparian buffered basin.
The riparian buffers shown on the attached impact maps are Holly Springs 30' stream buffers for which impacts will be permitted as part of the Towns site plan approval process.
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)?
Q
u
L
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 Holly Springs
Comments:
The stormwater management plan consists of a single wet pond to serve the sites stormwater needs. Phase 1 A will include a wet pond that will serve as a temporary erosion basin. Later
phases will utilize a combination of wet ponds and underground sand filters with detention chambers to meet the Town's stormwater requirements. The stormwater management plan will
be reviewed and approved by the Town of Holly Springs as the certified municipality.
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
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)?*
Yes No
Comments:*
The proposed project does not meet the requirements pursuant to those of NEPA or SEPA.
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.
Project will not result in any additional development that could impact downstream water quality.
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.
Wastewater will be conveyed via collection system to nearest treatment 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
O
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?
On 2/21/2023, WR generated an official species list using USFWS' Information form Planning and Consultation (IPaC), located at
https://ipac.ecosphere.fws.gov/ which is attached. The IPaC Species List identified Tricolored Bat (proposed endangered), Red Cockaded Woodpecker
(RCW) (endangered), Cape Fear Shiner (endangered) and Michaux's Sumac (endangered) as potentially occurring within the vicinity of the project. The
IPaC did not identify any critical habitat within the proposed project.
WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify
known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The 2/21/2023 NCNHP Project Review Letter
did not identify any known occurrences of federally listed species within 1.0 miles of the Project.
The project site is vacant and largely wooded with areas of mature mixed hardwood and pine forest. Pedestrian surveys completed in July 2022 did not
identify any occurrences of Michaux's Sumac or RCW. There is no suitable habitat for RCW within or adjacent to the project area. Very marginal habitat
for Michaux's Sumac was determined to exist in the review area based on the need for full sunlight and periodic mowing however the vast majority of the
site is heavily wooded. Therefore, the proposed project will not adversely affect RCW or Michaux's sumac.
Critical habitat has been designated for Cape Fear Shiner and the project site is located more than ten miles from any known populations. There is no
suitable habiat for Cape Fear Shiner within the project area as onsite streams are small with shallow base flow. Based on a lack of suitable onsite habitat
and anticipated sediment and erosion control measures installed prior to development of the project, WR concludes the proposed project will not effect
the Cape Fear Shiner.
The USFWS proposed to list the tricolored bat as an endangered species under the Endangered Species Act on September 13, 2022, largely because
of white -nose syndrome, a disease that affects cave -dwelling bats and is decimating hibernating bat species. There has been no critical habitat
designated for the tricolored bat at this time. The USFWS has no definitive guidance on tricolored bat but are working towards developing guidelines by
the time the listing is finalized. Based on the review of the NCNHP GIS data there are no known occurrences of the tricolored bat within 1.0 miles of the
review area. Suitable habitat for Tricolored Bat (Proposed Endangered) may exist within the project area within the areas of mature trees. There are no
structures culverts, or caves located on the project site. Targeted surveys have not been conducted for tricolored bat. Tree clearing will be necessary for
construction of the proposed project. However, it is our opinion that the project will not adversely affect the tricolored bat.
6. Essential Fish Habitat (Corps Requirement)
Ga. 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?
There are no waters classified as EFH in Wake County.
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?"
WR reviewed the NC State Historic Preservation Offlce's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known
historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the
vicinity of the proposed project.
During pedestrian surveys of the review area, a headstone for David A. Betts was observed in the southern portion of the site. Other unmarked plots
may be located in the immediate vicinity. The location of the gravesite was previously known and the applicant intends to avoid the area during
construction.
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?"
FEMA floodmaps.
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
Cover Letter and Appendix_Final.pdf 10.56MB
File must be PDF or KMZ
Comments
Please see Cover Letter and supporting documents.
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:
Rick Trone
Signature
I
Date
3/22/2023