HomeMy WebLinkAbout20081063 Ver 3_ePCN Application_20231116DW R
Dlvislon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
4/27/2022
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
20081063
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
la. Name of project:
River Towne
1a. Who is the Primary Contact?*
Rick Trans
1b. Primary Contact Email: *
rtrone@withersravenel.com
Date Submitted
11/16/2023
Nearest Body of Water
Hodges Mill Creek
Basin
Neuse
Water Classification
Class QNSW
Site Coordinates
Latitude:
35.843044
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Longitude:
-78.479931
Version#*
3
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas
1c. Primary Contact Phone:*
(919)538-8184
$570.00
$767.00
G
Is this a NCDMS Project
Yes No
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
Please provide the date of the previous submission.
11/22/2022
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:
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
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
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:
LP Rivertowne, LLC
2b. Deed book and page no.:
Deed Book: 019262 Page Number: 00568
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
O
2d. Address
Street Address
100069 N. Dale Mabry HWY
Address Line 2
Suite 201
city
Tampa
Postal / Zip Code
33618
2e. Telephone Number:
(919)369-1357
2g. Email Address:"
mason@landeavor.com
3. Applicant Information (if different from owner)
3a. Name:
David Mason
3b. Business Name:
Landeavor, LLC
3c.Address
Street Address
105 E Waxhaw Professional Park Dr
Address Line 2
city
Waxhaw
Postal / Zip Code
28273
3d. Telephone Number:
(919)557-2011
3f. Email Address:"
mason@landeavor.com
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
C. Proiect Information and Prior Proiect History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Knightdale, NC
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:
2. Project Identification
2a. Property Identification Number:
PINS: 1756421236, 175641190, 1756410428,
2b. Property size:
1756309588
±307
2c. Project Address
Street Address
8301 Buffaloe Road
Address Line 2
City
State / Province / Region
Knightdale
NC
Postal / Zip Code
Country
27545
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Hodges Mill Creek
3b. Water Resources Classification of nearest receiving water:"
Class C;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.
030202010703
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 site is currently vacant and consists of agricultural land and forested areas. General land use in the vicinity of the site is residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
USACE AID: SAW-2021-00605
DWR# 20081063
4f. List the total estimated acreage of all existing wetlands on the property:
15.27
4g. List the total estimated linear feet of all existing streams on the property:
14,466
4h. Explain the purpose of the proposed project:
The purpose of the proposed project will consist of the construction of a mixed density residential development and associated infrastructure in 7 phases to meet the existing and growing
demand for residential housing in Wake County. The project is being phased; however, impacts for all phases are being requested at this time.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
On behalf of Landeavor, LLC, we are requesting modification to the previously issued 404/40 1 /Riparian Buffer Authorization permits due to revisions to the design of the Street S stream
crossing (Impact Map C) as well as other revisions to the sewer alignment which have resulted in changes to the proposed impacts. Specifically, permanent stream, wetland, buffer, and
temporary wetland impacts have been reduced. Temporary stream and buffer impacts have increased. Therefore, modification of the previous 404/401/Buffer permits is necessary.
An optimization in the proposed site design has resulted in an overall reduction of permanent wetland and stream impacts from what were previously approved. Site optimization around
proposed impacts found that some permanent impacts could be eliminated or made to be temporary. Permanent stream impacts have been reduced by .0004 ac/53 If (Functional Loss:
0.003 ac/44 If; No Functional Loss: 0.001 ac/9 If). Permanent wetland impacts have been reduced substantially by 0.047 ac. Temporary wetland impacts have decreased by 0.123 acres
and temporary stream impacts have increased by 0.017 acres (150 If).
Additionally, permanent buffer impacts have been reduced from those previously approved by 21,817 sf (Zone 1: 5,919 sf; Zone 2: 15,898 sf). Temporary buffer impacts have increased by
6,903 sf.
The purpose of the proposed project will consist of the construction of a mixed density residential development and associated infrastructure in 7 phases to meet the existing and growing
demand for residential housing in Wake County. The project is being phased; however, impacts for all phases are being requested at this time.
The project consists of the construction of the following:
• 1,017 total lots
• 437 single-family detached home units
• 545 townhome units
35 open space/HOA lots
• 117 acres of open space
Construction of infrastructure (roads, greenways, parking (bicycle, car), utilities, stormwater management, etc.)
The proposed design for the roads will result in two stream crossings. "Street S" will cross Stream 6 perpendicularly with a culvert. "Street P" will connect to Buffaloe Road by crossing
Stream 2. Riprap dissipators will be constructed below the culverts to dissipate flow velocity to prevent erosion and sedimentation of the streams.
Additional impacts are proposed for one greenway trail crossing, a wetland impact for site grading, required widening of Buffaloe Road, onsite sewer line installation, and offsite water and
sewer force main extensions.
The internal gravity sewer will be installed using conventional open trenching methodology. Temporary impacts for internal sewer lines are proposed for one stream crossing and wetland
conversion impacts.
Standard construction equipment and methods will be utilized to construct the proposed development.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
WR conducted a delineation of the wetlands, streams, and riparian buffers in January 2021
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-2021-00605
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alyssa Ricci, Patrick Welsh
Agency/Consultant Company: WithersRavenel
Other:
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
An emailed concurrence letter was received from the USACE on January 4, 2022. Please see attached concurrence letter.
NCDWR issued a Neuse River Riparian Buffer Determination Letter (NBRRO # 21-247) on August 27, 2021, which has been provided as an attachment.
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
The project consists of 7 phases; however, impacts for all phases are being requested at this time.
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
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
O
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 Jurisdiciti��2g.lmpacl
tllf
)
area
W1
Road Crossing
P
Unknown
Wetland N
Yes
Both
0.013
(acres)
W2
Road Crossing
T
Unknown
Wetland N
Yes
Both
0.003
(acres)
W3
Trail Crossing
P
Unknown
Wetland M
Yes
Both
0.024
(acres)
W4
Trail Crossing
T
Unknown
Wetland M
Yes
Both
0.009
(acres)
W5
Sewer Crossing
T
Unknown
Wetland M
Yes
Both
0.075
(acres)
W6
Sewer Crossing
T
Unknown
Wetland L
Yes
Both
0.313
(acres)
W7
Sewer Crossing
T
Unknown
Wetland L
Yes
Both
0.008
(acres)
W8
Sewer Crossing
T
Unknown
Wetland H
Yes
Both
0.014
(acres)
W9
Sewer Crossing
T
Unknown
Wetland H
Yes
Both
0.012
(acres)
W10
Sewer Crossing
P
Unknown
Wetland G
Yes
Both
0.020
(acres)
W11
Road Crossing
P
Unknown
Wetland C
Yes
Both
0.002
(acres)
W12
Road Crossing
P
Unknown
Wetland D
Yes
Both
0.152
(acres)
W13
Water Line & Sewer
T
Unknown
Wetland A
Yes
Both
0.010
(acres)
W14
Sewer Crossing
T
Unknown
Wetland AA
Yes
Both
0.007
(acres)
W15
Sewer Construction
T
Unknown
Wetland AA
Yes
Both
0.016
Easement
__]
(acres)
2g. Total Temporary Wetland Impact
0.467
2g. Total Wetland Impact
0.678
2g. Total Permanent Wetland Impact
0.211
21. Comments:
After construction of the sewer lines, the entire permanent 30' sewer easement through wetlands will be mowed/maintained in perpetuity, resulting in
0.422 ac of permanent wetland conversion impacts (Impacts W5-W9)
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
MJurisdiction*
length*
g1
Road Crossing
Temporary
Dewatering
Stream 6
Intermittent
Both
Averege (feet)
(linear feet)
S2
Rip Rap Dissipator
Permanent
Rip Rap Fill
Stream 6
Intermittent
Both
17
Average(feeq
(iinearfeet)
S3
Road Crossing
Permanent
Culvert
Stream 6
Intermittent
Both
139
Averege (feet)
(linear feet)
S4
Road Crossing
Temporary
Dewatering
Stream 6
Intermittent
Both
24
Averege (feet)
(linear feet)
S5
Sewer Crossing
Temporary
Excavation
Stream 6
Intermittent
Both
33
Average (feet)
(linear feet)
S6
Sewer Crossing
Temporary
Excavation
Stream 4
Intermittent
Both
33
Averege (feet)
(linear feet)
g7
Road Crossing
Temporary
Dewatering
Stream 2
Intermittent
Both
Average (feet)
(linear feet)
S8
Rip Rap Dissipator
Permanent
Rip Rap Fill
Stream 2
Intermittent
Both
21
Averege (feet)
(linear feet)
S9
Road Crossing
Permanent
Culvert
Stream 2
Intermittent
Both
127
Averege (feet)
(linear feet)
S10
Road Crossing
Temporary
Dewatering
Stream 2
Intermittent
Both
3
20
Average (feet)
(linear feet)
S11
Water Line & Sewer Line
Temporary
Excavation
Stream 2
Intermittent
Both
62
Averege (feet)
(linear feet)
�2�Water
Line & Sewer Line
Temporary
Excavation
Stream 9
Intermittent
Both
29
Average (feet)
(linear feet)
S13
Sewer Crossing
Temporary
Excavation
Stream 10
Intermittent
Both
24
14
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
304
3i. Total stream and ditch impacts:
534
3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Nauss
Catawba
Goose Creek
Other
3i. Total temporary stream impacts:
230
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
131: SCM Outfall
P
Stream 8
No
727
550
132: SCM Outfall
P
Stream 7
No
1,219
1,115
133: Road Crossing
T
Stream 6
No
1,331
471
134: Road Crossing
P
Stream 6
No
8,475
5,408
135: Road Crossing
T
Stream 6
No
581
83
136:Trail Crossing
P
Stream 3
No
1,210
807
137: SCM Outfall
P
Stream 5
No
885
562
138: Perpendicular Sewer Crossing
P
Stream 5
No
2,103
1,657
B9: Non-Perp Sewer Crossing
P
Stream 3
No
0
1,906
B10: Non-Perp Sewer Crossing
P
Stream 3
No
0
1,044
1311: Non-Perp Sewer Crossing
P
Stream 3
Yes
583
2,731
1312: Non-Perp Sewer Crossing
P
Stream 3
Yes
16
1,873
1313: Non-Perp Sewer Crossing
P
Stream 3
No
0
1,359
B14: Non-Perp Sewer Crossing
P
Stream 3
No
0
309
1315: Perpendicular Sewer Crossing
P
Stream 5
No
2,077
1,215
1316: Sewer Crossing Const. Easement
T
Stream 5
No
664
407
1317: Non-Perp Sewer Crossing
P
Stream 3
No
0
711
1318: Non-Perp Sewer Crossing
P
Stream 3
No
0
462
1319: Non-Perp Sewer Crossing
P
Stream 3
No
0
1,763
1320: Non-Perp Sewer Crossing
P
Stream 3
No
0
743
1321: Non-Perp Sewer Crossing
P
Stream 3
No
0
195
1322: Non-Perp Sewer Crossing
P
Stream 3
No
0
1,382
B23: Non-Perp Sewer Crossing
P
Stream 3
No
0
532
624: Non-Perp Sewer Crossing
P
Stream 3
No
0
3,547
B25: Perpendicular Sewer Crossing
P
Stream 3
No
1,968
1,272
B26: SCM Outfall
P
Stream 4
No
508
389
B27: Non-Perp Sewer Crossing
P
Stream 3
Yes
655
7,910
B28: Road Crossing
T
Stream 2
No
1,078
185
B29: Road Crossing
P
Stream 2
No
9,001
4,914
B30: Road Crossing
T
Stream 2
No
847
701
B31: Perp Water & Sewer Line
P
Stream 2
No
3,677
2,992
B32: Perp Water &Sewer Line
P
Stream 9
No
2,805
1,526
333: Perp Water & Sewer Line
P
Stream 9
No
73
1,485
B34: Perpendicular Sewer Crossing
P
Stream 10
No
1,682
1,056
B35: Sewer Line Construction Easement
T
Stream 10
No
2,020
0
B36: SCM Outfall
T
Stream 7
No
125
336
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 6,646.00 2,183.00
Zone 1 Zone 2
Total Permanent impacts: 37,664.00 51,415.00
Zone 1 Zone 2
Total combined buffer impacts: 44,310.00 53,598.00
6i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. 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 wetland delineation be conducted so that impacts to wetlands and "waters" could be
minimized.
An optimization in the proposed site design has resulted in an overall reduction of permanent impacts previously approved. Proposed permanent
impacts for construction of the subdivision and infrastructure have been minimized to only those necessary for construction of two road crossings to
access developable uplands within the site and create connectivity to existing roads, utility installation, a single greenway crossing, and SCM outfalls.
There are no impacts proposed for construction of lots. All road crossings have been designed to cross streams perpendicularly to minimize impacts to
streams and riparian buffers. The use of retaining walls have been maximized to minimize impacts.
Riprap dissipators will be constructed at road crossings 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.
Upon completion of construction, all temporarily impacted streams will be restored to pre -construction conditions and grades, and temporarily stabilized
with biodegradable matting and buffers will be seeded with a riparian seed mix. No matting will be placed on the stream bed.
The internal gravity sewer was designed to minimize impacts to wetlands and stream by locating the sewer line within uplands and roads where
possible. Where wetland and stream crossings could not be avoided, the alignments have been designed to cross wetlands, streams, and buffers
perpendicularly to the extent possible.
Impacts to riparian buffers have been minimized to the greatest extent possible. The proposed riparian buffer impacts will occur from construction of the
road crossings, required road widening, utilities and SCM outlets. Sewer line construction has been designed to minimize Zone 1 impacts wherever
possible. Buffer impacts for the sewer lines could not be entirely avoided due to topography and the need to install gravity sewer. All proposed riparian
buffer impacts are for uses classified as "deemed allowable", "allowable upon authorization' or "allowable with mitigation' in the Neuse River Riparian
Buffer Rules' Table of Uses.
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 and tree protection fencing will be installed
prior to construction.
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?
0
u
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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
EBX-Neuse Neu -Con Wetland & Stream Umbrella Mitigation Bank -Blackbird Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.844
3c. Comments
See attached Statement of Availability from RES.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. 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
6b. If yes, then identify the square feet of impact.
r7l��impact
6d. Total impact (square
feet)
Multiplier
6e. Required mitigation
(square feet)
Zone 1
Non -Perpendicular Sewer Crossings
1,254
3
3,762
Zone 2
12,514 12,514
6f. Total buffer mitigation required
16276
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
See attached Statement of Availability from RES.
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
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 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
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase 11 NSW USMP Water Supply
IO
u
Please identify which local government stormwater program you are using.
City of Raleigh
Comments:
The stormwater management plan consists of seven wet detention basin SCMs which provide a minimum of 30 % nitrogen removal and therefore diffuse flow is not required. The
stormwater management plan will be reviewed and approved by the City of Raleigh as the certified local 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
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 would impact nearby 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.
Onsite sewage 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
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?
WR reviewed the NC Natural Heritage Program (NCNHP) database, located at https://ncnhde.natureserve.org/, as well as NCNHP GIS data to identify if
there were any known occurrences of endangered species on or near the proposed project. The review of the NCNHP data did not identify any recent
occurrences of federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached
NCNHP project review letter dated 11/15/2023.
WR received a concurrence letter from the USFWS on January 3, 2022. USFWS indicated the proposed project was not likely to adversely affect any
federally -listed endangered or threatened species, their formally designated habitat, or species currently proposed for listing. Please see attached
USFWS letter.
At the time of a 5/26/2021 onsite review, the tricolored bat was not listed by the USFWS for protection under the ESA. 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. 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. Targeted
surveys for tricolored bat have not been conducted.
Construction of the proposed development will require tree clearing necessary to construct the project. There are no known maternity roosts within 0.25
miles of the review area, as well as no known occurrences within 1.0 miles. Therefore, WR concludes that the proposed activities are not likely to
adversely affect the tricolored bat.
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?
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? *
In April 2021, WR submitted a SHPO request review for the site. It was noted that multiple structures were present within the project area. Additionally, a
gravesite was found within the eastern portion of parcel 1. The project is planned to be designed around the gravesite. SHPO issued a comment letter
on June 11, 2021, that mentioned a 2013 survey which uncovered six archaeological sites and the Watkins Cemetery in the project area. SHPO did not
recommend any further work for the archeological sites however, the cemeteries are protected under state law. Since the Watkins Cemetery contains
additional gravesites marked with fieldstones and due to the possibility for unmarked graves, SHPO recommended an archaeological delineation of the
cemetery be conducted. Terracon Consultants coordinated with SHPO to establish the survey area and protocol and then conducted a Phase 1
archeological survey for the project and identified 7 new archeological sites. In a letter dated September 9, 2022, SHPO agreed with Terracon's
recommendation that the sites should not be considered eligible for listing in the NRHP. Therefore, the proposed project will not result in impacts to
archeological, historic or cultural resources. The SHPO final comment letter has been provided as an attachment.
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 flood maps.
Miscellaneous
U
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.
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Cover Letter and Attachments.pdf 66.62MB
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Comments
Please see included Cover Letter and Attachments
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
Date
11/16/2023