20221471 Ver 1_ePCN Application_20240112

DW 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# *
20221471
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 - [phone]
Zachary Thomas:zachary.thomas
Information for Initial Review
la. Name of project:
Flatiron Forest Subdivision
la. Who is the Primary Contact?*
Rick Toone
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1 /12/2024
Nearest Body of Water
Haw River
Basin
Cape Fear
Water Classification
WS-IV;NSW,CA
Site Coordinates
Latitude: Longitude:
35.796308-79.129349
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Chatham
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.'
4/26/2023
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
1e. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying for the permit?
Owner Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Chatham Land & Timber & Margaret Browning
2b. Deed book and page no.:
B: 0735; P: 0341 & B: 0942; P: 0697
2c. Contact Person:
Margaret Browning & Richard Danek (Chatham Land & Timber, LLC)
2d.Address
Street Address
981 Old Graham Road
Address Line 2
City
State / Province / Region
Pittsboro
NC
Postal / Zip Code
Country
27312
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Rex Vick Jr.
3b. Business Name:
RBV 1252, LLC
3c.Address
Street Address
3434 Kildaire Farm Road
Address Line 2
Suite 135
city
Cary
Postal / Zip Code
27518
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
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:
[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:
Pittsboro, NC
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
Parcels 2037 & 2014 42
O

2c. Project Address
Street Address
678 Hamlets Chapel Road
Address Line 2
City State / Province / Region
Pittsboro NC
Postal / Zip Code Country
27312 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Haw River
3b. Water Resources Classification of nearest receiving water:
WS-IV;NSW,CA
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.
030300020701
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 site currently consists of undeveloped woodlands. The general land use in the vicinity consists primarily of residential land use and undeveloped forest lands.
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-2022-01047
NCDW R# 20221471 v2
4f. List the total estimated acreage of all existing wetlands on the property:
1.7 acres
4g. List the total estimated linear feet of all existing streams on the property:
1,700 linear feet
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a single-family residential subdivision to meet the existing and growing demand for residential housing in Chatham County.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project consists of the following:
29 single family home lots
• Construction of infrastructure (roads, greenways, open space, utilities, stormwater management, etc.)
The proposed design for the internal roads will result in one stream crossing. Copley Court will cross Stream 2 perpendicularly with a 10.5'x5.58' aluminum box culvert. Riprap dissipators
will be constructed below the culverts to dissipate flow velocity to prevent erosion and sedimentation of the stream.
A second road, Flatiron Forest Drive will cross a narrow area of Wetland C with a culvert. A SCM device is proposed at the other end of the proposed culvert.
The proposed impacts consist of:
• 74 If (0.004 acres) of permanent functional loss stream impacts
32 If (0.002 acres) of permanent no functional loss stream impacts
• 79 If (0.002 acres) of temporary stream impacts
• 0.099 acres of permanent wetland impacts
0.035 acres of temporary wetland impacts
The required DOT changes from the previous submittal have resulted in an increase in permanent stream impacts of 2 If (A If of permanent functional loss; +6 If of no functional loss).
Permanent wetland impacts have decreased slightly (+17 sq. The decrease in wetland impact acreage is not large enough to be inputted on the PCN form. All proposed permanent stream
impacts are necessary for the installation of the Copley Court Road crossing over Stream 2 (intermittent). The proposed Copley Court Road crossing is necessary to access the
developable uplands in the western portion of the site. Copley Court has been designed to cross Stream 2 perpendicularly using a 10.5'x5.58' aluminum box culvert. The culvert will be
buried 12" below the stream bed. 74 linear feet of permanent stream impacts (Impact S2) with functional loss are proposed for the crossing. Additionally, 0.079 acres of permanent wetland
impacts (Impact W2) are proposed at this crossing. The proposed crossing features DOT standard headwalls. A riprap dissipater will be installed below the culverts to prevent erosion and
sedimentation of downstream waters which will result in 32 linear feet of permanent stream impacts with no functional loss (Impact S3). 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 this section of
stream channel. Note that due to the change in culvert design, the rip rap dissipater is slightly larger than previously permitted.
During construction of the culverted road crossing, work will be completed "in the dry" by constructing temporary coffer dams upstream and downstream of the culverts within the impact
areas and pumping flow around the construction area. 79 linear feet of temporary stream impacts (Impacts S1, S4a, S4b) and 0.034 acres of temporary wetland impacts (Impacts W1 &
W3) are proposed for construction of the crossing.
Permanent impacts to Wetland C of 0.020 acres are proposed for a crossing of the wetland to construct Flatiron Forest Drive necessary to access developable uplands in the northern
portion of the site. A narrow portion of Wetland C (Impact W4) is proposed to be permanently impacted by a culverted road crossing. No changes to the Flatiron Forest Drive crossing is
being proposed.
The culvert under Flatiron Forest Drive is designed to convey water from Wetland C to SCM 1 (wet detention). Hydrologic connectivity between Wetlands C and B will be maintained
through this culvert and SCM 1. In a pre -application meeting with the USACE, on October 6, 2022, it was determined that this was an acceptable way to maintain connectivity between
Wetland C and downstream waters since SCM 1 is a wet pond that will have regular discharge through the low flow orifice. No impacts to Wetland C will occur from construction of SCM 1
Upon completion of construction, all temporarily impacted streams will be restored to pre -construction contours and the banks will be stabilized using a biodegradable matting and seeded
with a riparian seed mix. No matting will be placed on the stream beds. Additionally, all temporarily impacted wetlands will be restored to natural grade and seeded with a wetland seed mix
to provide temporary stabilization until natural revegetation permanently stabilizes these areas.
Typical construction equipment will be used to prepare the site (e.g., bulldozers, graders). Similarly, standard building construction equipment will be used to construct the infrastructure
and homes.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No
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-2022-01047
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
WithersRavenel conducted a delineation of the wetlands and streams in March 2022 which were field verified by the USACE and issued a Preliminary Jurisdictional Determination (SAW-
2022-01047) on July 6, 2022. The USACE PJD and Approved Delineation Exhibit have been provided as attachments.
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?
NA
D. Proposed Impacts Inventory
1. Impacts Summary

1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
(?)
29• Impact
area
W1
Construction Access
T
Headwater Forest
Wetland B
Yes
Both
0.034
(acres)
W2
Road Crossing
P
Headwater Forest
Wetland B
Yes
Both
0.079
(acres)
W3
Road Crossing
T
Headwater Forest
Wetland B
Yes
Both
0.001
(acres)
W4
Road Crossing
P
Headwater Forest
Wetland C
Yes
Both
0.020
(acres)
2g. Total Temporary Wetland Impact
0.035
2g. Total Wetland Impact
0.134
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.099
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact*
3d. S. name*
3e. Stream Type*
Type of3h.
Impact
(?)
L3f.
risdiction*
length*
S1
S1: Construction Access
Temporary
Other
Stream 2
Perennial
Both
42
Averege (feet)
(linear feet)
S2
S2: Road Crossing
Permanent
Culvert
Stream 2
Perennial
Both
74
Average (feet)
(linear feet)
S3
S3: Rip Rap
Permanent
Rip Rap Fill
Stream 2
Perennial
Both
2
32
Averege (feet)
(linear feet)
S4
S4a: Construction Access
Temporary
Other
Stream 2
Perennial
Both
20
Average (feet)
(linear feet)
S5
S41b: Constructional Access
Temporary
Other
Stream 2
Perennial
Both
17
Averege (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
106
31. Total stream and ditch impacts:
185
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
79
0
u

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 delineation be conducted so that impacts to wetlands and "waters" could be minimized.
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. There are no impacts proposed for construction lots, utilities, stormwater management, or
greenways. All road crossings have been designed to cross wetlands and stream perpendicularly at the narrowest points to minimize impacts.
Impacts to Stream 2 are unavoidable because the only way to access developable uplands in the western portion of the site is to cross the stream. It
was deemed not feasible to choose an alternate location for Copley Court to avoid wetland impacts as this would have required the road be positioned at
the northern end of the site near the cul-de-sac of Flatiron Forest Drive. While this location would have avoided wetland impacts, it is not a logical
location and would have resulted in the loss of lots thereby making the project unfeasible. A riprap dissipator will be constructed at the Copley Court
crossing such that the riprap will be installed by burying to match the pre -construction contours of the natural stream bed, allowing for the passage of
aquatic life, and preventing a loss of function. DOT standard headwalls are proposed at the crossing to reduce fill slope helping to minimize stream
impacts.
Proposed permanent wetland impacts for the culverted crossing of Wetland C by Flatiron Forest Drive were primarily driven by the placement of SCM 1
in a low area between Wetlands C and D for the gravity driven stormwater drainage for the roadway. Hydrologic connectivity between Wetland C and
downstream waters will be maintained through the culvert and SCM 1.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Upon completion of construction, all temporarily impacted streams 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.
Access during construction will occur within uplands. Additionally, sediment and erosion control measures 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?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Stream Mitigation
Previous approvals did not require stream mitigation. The current proposal will result in 0.004 acres (78 If) of permanent stream impacts with functional loss. Because the proposed total
permanent stream impacts with functional loss are below 0.02 acres, the applicant does not propose compensatory mitigation for permanent stream impacts.
Wetland Mitigation
Previous approvals did not require wetland mitigation. The current proposal will result in 0.099 acres of permanent wetland impacts. Because the proposed total permanent wetland
impacts are below 0.1 acres, the applicant does not propose to provide compensatory mitigation for permanent wetland impacts.
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
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 II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Chatham County
Comments:
The stormwater management plan consists of two constructed stormwater wetland 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 Chatham County as the certified local municipality.
L

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 proposed project has no anticipated future phases and is no anticipated to be a catalyst for future development that could 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.
Pittsboro Sanitary Sewer
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?
WithersRavenel completed a survey for federally listed species in March 2022 and determined that the proposed project would have No Effect on
federally listed species or their critical habitat. The results of the survey were submitted to the USFWS for review. In an email dated 6/16/2022, John Ellis
with the USFWS stated that the Service concurred with our determinations of No Effect. A copy of the USFWS concurrence email, as well as the
USFWS Concurrence Request has been provided as an attachment.
For this submittal, on 1/12/2024 WR generated an official species list using USFWS' Information for 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
(endangered), Cape Fear Shiner (endangered), and Harperella (endangered) as potentially occurring within the vicinity of the project. The only change
to the USFWS species list from the original submittal of the project is the addition of the Tricolored Bat. 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://nenhde.natureserve.org/, to identify
known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The 1/12/2024 NCNHP report did not list any
species.
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 onsite forested areas are considered potential habitat due to the presence of mature trees however the site was previously planted in Loblolly Pine
which comprises the vast majority of tree cover. Targeted surveys for Tricolored Bat have not been conducted. There are no known maternity roosts
within 0.25 miles of the review area. No structures or culverts are known to exist on the site. 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 in Chatham County classified as EFH.
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?
SHPO issued a review letter on April 27, 2022 which has been provided as an attachment. SHPO had no comments on the project as proposed.
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 mapping software.
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 Attachments.pdf
File must be PDF or KMZ
Comments
Please see included Cover Letter and Attachments.
Signature
By checking the box and signing below, I certify that:
32.22MB
• 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
U

Signature
AN
Date
1/12/2024