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