Loading...
HomeMy WebLinkAbout20240037 Ver 1_ePCN Application_20231222DW R DHlsloo 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. 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 Version# * 20240037 1 Is a payment required for this project?* No payment required What amount is owed?* Fee received $240.00 $570.00 Fee needed - send electronic notification $323.00 $767.00 Reviewing Office* Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Joseph Myers:joseph.myers Information for Initial Review la. Name of project: Primrose School la. Who is the Primary Contact?* Melissa Ruiz 1b. Primary Contact Email:* 1c. Primary Contact Phone:* melissa.ruiz@stantec.com (919)649-0545 Date Submitted 12/22/2023 Nearest Body of Water Kenneth Creek Basin Cape Fear Water Classification WS-IV Site Coordinates Latitude: Longitude: 35.590153-78.781209 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 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: 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 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: David W. Ball, Michele B. Ball 2b. Deed book and page no.: 19402 and 1718 2c. Contact Person: 2d.Address Street Address 10305 Sauls Road Address Line 2 City Raleigh Postal / Zip Code 27603-8628 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region North Carolina Country USA Yes No Yes No 2e. Telephone Number: (419)552-1120 2g. Email Address:* melissa.ruiz@stantec.com 3. Applicant Information (if different from owner) 3a. Name: Ted Tillman 3b. Business Name: Primrose Schools 3c. Address Street Address 3200 Windy Hill Rd SE 1200E Address Line 2 City Atlanta Postal / Zip Code 30339 3d. Telephone Number: (770)529-4100 3f. Email Address: ttiliman@primroseschools.com 4. Agent/Consultant (if applicable) 4a. Name: Melissa Ruiz 4b. Business Name: Stantec 4c.Address Street Address 801 Jones Franklin Rd Ste 300 Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)649-0545 4f. Email Address: melissa.rulz@stantee.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Middle Creek 1c. Nearest municipality I town: Fuquay-Varina 2. Project Identification 2f. Fax Number: State / Province / Region Georgia Country USA 3e. Fax Number: State / Province / Region North Carolina Country USA 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 0666590748 2.44 2c. Project Address Street Address 408 Attain Street Address Line 2 City Fuquay-Varina Postal / Zip Code 27526 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Kenneth Creek 3b. Water Resources Classification of nearest receiving water: WS-IV 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040501 4. Project Description and History 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 subject parcel is located on vacant, undeveloped land. The surrounding land use is highly developed, urban land consisting of roadway, businesses, and parking lot. The subject parcel is surrounded by impervious surface on all boundaries. The site is located south of N Main Street, east of Attain Street and associated businesses, west of a hotel, and north of a parking lot. The northern portion of the parcel is primarily composed of mixed deciduous forest with a sparse shrub layer (60 % of site). The southern portion of the parcel is maintained, ornamental grass (40 % of site). The existing topography of the site is moderate with average slopes ranging from 4 % to 6 % . The subject parcel collects stormwater from the adjacent impervious surfaces, collecting in a low-lying, depressional wetland. There is an existing 30" RCP that ouffalls on the eastern side of the property and drains into the wetland. The wetland generally coincides with the forested portion of the parcel. The wetland drains through a double culvert on the west side of the site and eventually flows into Kenneth Creek. No streams were observed on site; however, an area exhibiting drainage patterns was observed within the wetland. 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: 1.22 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a school on the subject parcel. The proposed development will include the addition of a +13,631 SF school with associated parking and infrastructure. The school ground would consist of a single -story building containing classrooms and childcare facilities. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * This nationwide permit includes the construction of a school and associated parking lot and infrastructure. The total disturbed area for the project includes 72,545 SF (1.67 AC) for clearing and construction efforts. The total new impervious surface includes 54,696 SF (1.26 AC). Total permanent impacts include 20,041 SF (0.46 AC) of wetland impact due to placement of fill. These impacts will be mitigated through the purchase of riparian mitigation credits. The existing wetland area to remain undisturbed includes 0.88 AC. The temporarily disturbed area will be seeded with an approved seed mix. Other areas within the site will be stabilized with permanent plantings as seen on the Landscape Plan. Stormwater will be collected and treated prior to being released from onsite impervious surface. Additional best management practices will be employed to treat stormwater over the course of the project. Typical earth moving equipment will be used including excavators, backhoes, dump trucks, and pickup trucks. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O Unknown Comments: WOUS delineated on January 26, 2023 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): Melissa Ruiz Agency/Consultant Company: Stantec Other: 6. Future Project Plans 6a. Is this a phased project?" Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No other NWP(s), regional general permit(s), or individual permits(s) are intended to be used to authorize any part of the proposed project or related activities. D. Proposed Impacts Inventory O 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" 2f. Type of Jurisdicition * (?) 2g• Impact area WA Fill P Headwater Forest WA Yes Corps 0.460 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.460 2g. Total Permanent Wetland Impact 0.460 21. Comments: A portion of wetland WA will be impacted by school and parking lot construction and includes 0.46 AC of permanent fill. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The size of the school and parking lot were minimized to the maximum extent practicable while taking construction dimension and slope requirements into account. Due to site topography and required size of the school and associated parking lot, unavoidable impacts to wetland WA would occur, as the wetland unit comprises a large portion of the parcel. The project would install a retention wall between the southern boundary of the wetland and impervious surface to decrease unnecessary disturbance to the wetland and reduce stormwater inputs. Additional crossings are not proposed for the project, as the parcel contains suitable access points along the southern portion of the parcel. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The project will utilize erosion and sediment control measures which will minimize sediment releases downstream. These measures will be inspected and properly maintained throughout construction. Bare areas will be temporarily or permanently stabilized as the areas meet final grade. During construction, a spill prevention, control, and countermeasures (SPCC) plan will be followed to ensure containment of hazardous chemicals. For example, fuel storage containers will be placed in secondary containment. Any offsite fill material will be certified as contaminant free prior to use. 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): D W R 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) 0.46 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0 4g. Coastal (tidal) wetland mitigation requested: (acres) 0 rO u 4h. Comments Credits were not available from local banks. A request to DMS has been submitted and the approval letter will be added to this application upon receipt. 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 project is not within or directly adjacent to a protected riparian buffer identified within one of the 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 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. Fuquay-Varina Comments: The North Carolina Division of Water Quality issued the Town of Fuquay-Varina a National Pollutant Discharge Elimination System Phase II Stormwater Permit on November 11, 2011. The Town's Stormwater Program is designed to meet the requirements of the 6 minimum measures outlined within the federally mandated NPDES Phase II stormwater permit. The City of Fuquay-Varina will be reviewing and approving the stormwater management plan (included as an attachment). 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. This overall school construction project will not result in additional nearby development. 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 O 0 V 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? USFW Information for Planning and Consultation (IPAC): https://Ipac.ecosphere.fws.gov/location/MALJ2UVYRFDPNNT3OVEURYTNQA/resources 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? EFH mapper: https://www.habitat.noaa.gov/apps/efhmapper/?data_id=dataSource_5-17aac2605cc-layer-7-EFH_l%3A128&page=page_8 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? * The Dr. Glenn Judd House (WA0474) was previously located northwest of the subject parcel along N Main Street. The resource has since been removed. No other areas that the state, federal or tribal governments have designated as having historic or cultural preservation status are located within or near the project. (HPOWEB: https://nc.maps.arcgis.com/apps/webappviewer/index.html?id=79ea67lebdcc45639f0860257d5f5ed7 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 National Flood Hazard Layer (NFHL): https://hazards-fema.maps.arcgis.com/apps/webappviewer/index.html? id=8b0adb51996444d4879338b5529aa9cd&extent=-78.80020493720295,35.58087794721112,-78.75866288397917,35.598327463023516 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. Click the upload button or drag and drop files here to attach document EPCN Final Submittal_ Compiled Attachments_12-22-2023.pdf 24.62MB 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: Melissa Ruiz Signature Date 12/22/2023