20230803 Ver 1_ePCN Application_20230605

DWR
Division 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:
11/14/2022
BIMS # Assigned
20230803
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
Information for Initial Review
la. Name of project:
Jacobs Creek (formerly Bennett Farms) Residential Development
la. Who is the Primary Contact?*
James Mason
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/5/2023
Nearest Body of Water
Jacobs Creek and Hogan Creek
Basin
Roanoke
Water Classification
C&C
Site Coordinates
Latitude: Longitude:
36.290180-79.940354
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Rockingham
Is this a NCDMS Project
Yes No
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Seren Homer:[e-mail]
1c. Primary Contact Phone:*
[phone]
O

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 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: 29 - Residential Developments
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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
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. Name(s) on recorded deed:
LGI Homes -NC, LLC
2b. Deed book and page no.:
2c. Contact Person:
Josh Spiegel, VP of Land Development

2d. Address
Street Address
5511 Capital Center Drive, Suite 560
Address Line 2
City
Raleigh
Postal / Zip Code
27606
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
James Mason
4b. Business Name:
Three Oaks Engineering, Inc.
4c.Address
Street Address
324 Blackwell St, Suite 1200
Address Line 2
city
Durham
Postal / Zip Code
27701
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Stokesdale
2. Project Identification
2a. Property Identification Number:
792201050275,792201255899,
792202767238,792204840294
2c. Project Address
Street Address
313 Bennett Farm Road
Address Line 2
city
Stokesdale
Postal / Zip Code
27357
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Jacobs Creek and Hogan Creek
3b. Water Resources Classification of nearest receiving water:
C&C
3c. What river basin(s) is your project located in?*
Roanoke
State / Province / Region
NC
Country
United States
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
2b. Property size:
525
State / Province / Region
NC
Country

3d. Please provide the 12-digit HUC in which the project is located.
030101030502 (Jacobs Creek) & 030101030501 (Hogan Creek)
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 project area consists of agricultural fields, recent clear-cut forestland, planted pines, and mature mixed pine/hardwood stands. In the project vicinity, land use consists of residential,
agricultural, and forested areas.
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:
21.14
4g. List the total estimated linear feet of all existing streams on the property:
22,917
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project in relation to this permit application is to develop Phases 1-3 of the residential development, which includes construction of the subdivision roadway
crossing Jacob's Creek. Phases 4 - 5 will be permitted and constructed at a later date.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project is to construct a residential development on four parcels (792201050275, 792201255899, 792202767238, & 792204840294), an approximately 525-acre property
near Stokesdale, North Carolina (in New Bethel Township). The parcels will be accessed off of Bennett Farm Road and Price Farm Road (both of which are off US 220) and extend east
and west through the property. The main roadway will cross Jacob's Creek. Phases 1 - 3 will be constructed first, followed by Phases 4 - 5 in the future.
Indirect impacts are not anticipated as a result of the proposed project.
Typical construction equipment, such as trucks and dozers, will be used during construction.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O 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-2021-02183
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nathan Howell
Agency/Consultant Company: Three Oaks Engineering
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
February 4, 2022
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
Phases 1 - 3 will be permitted and constructed first, in order of phase number. Phases 4 - 5 will be permitted and constructed in the future. With final impacts calculated for Phases 1 - 3
and preliminary impacts calculated for Phases 4 - 5, the total impact for the project is currently anticipated to be 0.479 acres of permanent loss of water (wetlands and streams combined),
which is below the maximum threshold of 0.5 acres for the NWP 29. Impacts from Phases 4 - 5 may be further refined and minimized and the overall project impact is expected to be 0.479
acres or lower.
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
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 (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested"
. Type of Jurisdicition *
t",
2g. Impact
)
area
EX-5
Roadway Fill
P
Headwater Forest
W28
Yes
Both
0.060
(acres)
EX-6
Roadway Fill 1p
Headwater Forest
W26
Yes
Both
0.002
(acres)
EX-7
Roadway Fill
P
F711-1ine Swamp Forest
W22
Yes
Both
0.298
(acres)
EX-8�]
Fill
P
Headwater Forest
W24
Yes
Both
0.048
acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.408
2g. Total Permanent Wetland Impact
0.408
21. Comments:
Preliminary impacts related to Phases 4 - 5 are as follows: Phase 4 - W16: 0.044 acres perm. fill (EX-9). Phase 5 - no wetland impacts anticipated at this
time. These impacts will be further refined as design progresses and impacts may be reduced prior to permitting those impacts.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
Ilength*
gt
Multiuse Path Crossing
Permanent
Culvert
S34
Intermittent
Both
26
Averege (feet)
(linear feet)
S2
Dewatering
Temporary
Dewatering
S34
Intermittent
Both
20
Average (feet)
(linear feet)
S3
Roadway Construction
Permanent
Culvert
S33
Perennial
Both
117
Average (feet)
(linear feet)
gq
Dewatering
Temporary
Dewatering
S33
Perennial
Both
20
Averege (feet)
(linear feet)
S5
Roadway Construction
Permanent
Culvert
Jacob's Creek
Perennial
Both
12
47
Average (feet)
(linear feet)
S6
Dewatering
Temporary
Dewatering
Jacob's Creek
Perennial
Both
12
20
Averege (feet)
(linear feet)
g7
Roadway Construction
Permanent
Culvert
S29
Perennial
Both
50
Averege (feet)
(linear feet)
Et77—
]Temporary
Dewatering
S29
Perennial
Both
2
20
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
240
3i. Total stream and ditch impacts:
320
3i. Total temporary stream impacts:
80
3j. Comments:
Due to restrictions in the PCN formatting for Width and Length (no decimals). the square footage total in the PCN is different than the permit drawings.
Please see permit drawings for correct square footage for stream impacts. No stream impacts anticipated for Phases 4 and 5 at this time.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
To minimize impacts, all road crossings are as close to a 90-degree skew as possible. The phases of the project have been designed to avoid and
minimize impacts to wetlands and streams to the greatest extent possible. Specifically, the main roadway crossing over Jacob's Creek was designed to
cross at a location where impacts to Wetland W22 would be the smallest. That crossing location also allowed tying into an existing CMP on S29,
minimizing the amount of additional impact to that stream.
O

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion and sedimentation BMPs will be installed prior to construction (see attached erosion control plan). Construction has been sequenced and
designed to avoid/minimize impacts by locating temporary pump arounds away from features.
Water will be diverted around the work area to the prevent sedimentation of downstream aquatic resources. Utilities will be bored and jacked under
jurisdictional streams to prevent impact.
Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, restrictions against the staging of
equipment in or adjacent to waters of the US and coordination with appropriate environmental staff.
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)
0.408
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
Stream impacts total 0.027 acres of permanent streambed loss, which is below the mitigation threshold of 0.03 acres outlined in the NWP 29 conditions.
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
If no, explain why:
The proposed project site is located in the Roanoke River Basin, which does not have any NC Riparian Buffer Protection Rules.
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
3. Stormwater Requirements
a
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
Neither the state nor the county require anything for stormwater management for this project.
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.
The development project is a build -out of the project site. No additional development or expansion of the site is planned and no additional development
outside of the project site is anticipated as a result of the proposed project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
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?
IPaC; as of May 27, 2023, IPaC list the following species for the project: tricolored bat, Roanoke logperch, and Schweinitz's sunflower. Tricolored bat is
currently not officially listed by the USFWS. See Aquatic Species Survey Report for Roanoke logperch and Survey Memo for Schweinitz's sunflower.
Roanoke logperch has a Biological Conclusion of MANLAA; therefore, a Self -Certification Package was submitted to USFWS for the project.
Additionally, no bald eagle nests were identified within the project or with 660 feet of the project.
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?
IPaC and NOAA EFH 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?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC Historic Preservation Office's HPOWEB 2.0 - General Audience
8. Flood Zone Designation (Corps Requirement)

8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8b. If yes, explain how project meets FEMA requirements:
Appropriate coordination and approval will be obtained from FEMA for all relevant stream crossings (Jacob's Creek). This crossing, although being
permitted now, will be constructed at a later date. A CLOMR will be completed prior to its construction.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center
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
Three Oaks_ Bennett Farms_PJD Package_10072021.pdf
25.67MB
2023-04-28-Jacobs-Creek-EC-Overall-Util.pdf
29.96MB
2023-04-28-Jacobs-Creek-EC-Phase-1.pdf
27.67MB
Jacobs Creek OVERALL 5 5 2023.pdf
3.59MB
Jacobs Creek Phase 1 to 4 _Environmental Impacts REV.pdf
14.29MB
Jacobs Creek Prefiling Meeting Request.pdf
108.16KB
Jacobs Creek_AGENT_AUTHORIZATION_FORM.pdf
1.15MB
Jacobs Creek —Self Certification Package.pdf
5.59MB
Jacob's Creek_USFWS Self -Certification Submittal Email.pdf
115.33KB
SAW-2021-02183 signed PJD.pdf
21.98MB
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:
James Mason
Signature
0"ts 4 AAW
Date
6/5/2023
O