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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