HomeMy WebLinkAbout20240322 Ver 1_ePCN Application_20240222DWR
Division 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# *
20240322 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Kristina Morales: Kristine. Morales
Information for Initial Review
la. Name of project:
COURTESY COPY Swift Creek Elementary School Improvements
la. Who is the Primary Contact?*
Ashley Bentz
1b. Primary Contact Email: *
abentz@smeinc.com
Date Submitted
2/22/2024
Nearest Body of Water
UT - Woodys Lake
Basin
Nauss
Water Classification
WS-III;NSW
Site Coordinates
Latitude: Longitude:
35.74346-78.73416
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
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
1c. Primary Contact Phone:*
(919)896-0758
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
fig. 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:
Wake County Board of Education
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Mark Strickland
2d. Address
Street Address
111 Corning Road, Suite 190
Address Line 2
City
State / Province / Region
Cary
NC
Postal/Zip Code
Country
27518
us
Yes No
Yes No
2e. Telephone Number:
(919)588-3573
2g. Email Address:*
mrstrickland@wcpss.net
4. Agent/Consultant (if applicable)
4a. Name:
Ashley Bentz
4b. Business Name:
S&ME, Inc.
4c.Address
Street Address
3201 Spring Forest Road
Address Line 2
City
Raleigh
Postal / Zip Code
27616
4d. Telephone Number:
(919)896-0758
4f. Email Address:
abentz@smeinc.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Raleigh
2. Project Identification
2a. Property Identification Number:
0772858980
2c. Project Address
Street Address
5701 Tryon Road
Address Line 2
city
Raleigh
Postal / Zip Code
27606
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT - Woodys Lake
3b. Water Resources Classification of nearest receiving water:
WS-III;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.
030202011001
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
US
4e. Fax Number:
2b. Property size:
15.58
State / Province / Region
NC
Country
US
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 the location of the existing Swift Creek Elementary School and its corresponding facilities and utilities. The school was original built in the 1930's with additional buildings being
constructed and removed in the 1950's and 1970's. At the end of the 1990-1991 school year, students were moved to another facility and the buildings were demolished. A new structure
was constructed and students returned in the 1992-1993 school year. In The general land use in the vicinity is a mix of residential and commercial development.
a
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:
0.11 ac
4g. List the total estimated linear feet of all existing streams on the property:
747 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is to demolish the existing elementary school and construct a new school and associated facilities. An architectural assessment of the existing school
determined that while the school is only approximately 30 years old, the building is at end -of -life. A financial assessment determined that bringing the existing school up to existing
standards would be more expensive than a rebuild.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project will build a two-story facility to accommodate 500 students. Exterior facilities will include outdoor spaces for hard play, soft play, and outdoor learning areas, parking, carpool
access, utilities, landscaping, and stormwater facilities. Construction will be performed by standard commercial construction equipment. No specialized equipment not regularly seen on
commercial projects is anticipated.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01001
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE site visit conducted on 5/19/2021 by Mr. Lyle Phillips of the USACE. Email confirmation of delineation provided by Mr. Lyle Phillips on 9/7/22.
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?
D. Proposed Impacts Inventory
1. Impacts Summary
f a. 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 *
ll
fiE�]
P
Headwater Forest
W2
Yes
Corps
0.005
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.005
2g. Total Permanent Wetland Impact
0.005
2i. Comments:
Wetland W2 will be filled to create a grassy area which is required by the school as a programmatic element. The fill will be permanent and will be a
permanent loss of 0.005 acres of wetland.
3. Stream Impacts
E ]
3a. Reason for impact (')
3b.lmpact type"
3c. Type of impact*
ffi. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
fill
Permanent
Fill
S2
Intermittent
Corps2
Averege (feet)
69
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
69
31. Total stream and ditch impacts:
69
31. Total temporary stream impacts:
0
3j. Comments:
A portion of stream feature S2 will be filled to create a grassy area which is required by the school as a programmatic element. The fill will be permanent
and will be a permanent loss of 69 linear feet (182 sq ft) of stream.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Allowable
T
S1
No
1,188
3,206
Allowable
T
S2
No
0
2,826
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 1,188.00 6,032.00
Zone 1
Zone 2
Total Permanent impacts: 0.00
0.00
Zone 1
Zone 2
Total combined buffer impacts: 1,188.00
6,032.00
61. Comments:
Impacts to the riparian buffers of S1 will be the result of the removal of an existing pump station from the riparian buffer. Post removal of the pump
station, vegetation will be allowed to regrow within the riparian buffer. These impacts will total 1,188 sq ft of Zone 1 impacts and 3,206 sq It of Zone 2
impacts.
Impacts to riparian buffers of stream feature S2, are the result of grading within Zone 2 of the riparian buffer for the creation of a proposed stormwater
control measure with the exception of a small outlet for the SCM. The vegetation within Zone 2 will be allowed to revegetate with herbaceous vegetation
and vegetation within Zone 1 will not be disturbed. The new drainage conveyance within a portion of Zone 2 is considered allowable under Item 9 of this
Rule. Impacts that are the result of grading within Zone 2 of the riparian buffer will total 3,029 sq ft of impacts. All impacts are considered allowable
under the Neuse River Riparian Buffer Rules.
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:
During design, stormwater grading and outlets have been designed to minimize encroachment on the riparian buffers. To further avoid/minimize impacts
to streams and wetlands, the initial planning stages focused on efficient bus and vehicular circulation throughout the site to reduce potential impacts. The
bus loop was moved to be in closer proximity to the school and parking spaces were moved to the east side of the building to reduce parking at the rear
of the building.The proposed area to be cleared has been minimized as much as practicable in the design of the project. Appropriate sediment and
erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual' will be used to minimize impacts to the jurisdictional features.
O
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Specific attention will be paid to ensure grading is only performed to the extent needed for the proposed project and all grading not required will be
avoided. Additional impacts to the jurisdictional stream will be avoided through the use of appropriate sediment and erosion control devices.
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:
Impacts to streams and wetlands do not meet thresholds commonly requiring mitigation. Impacts to riparian buffers are allowable and do not require mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
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 II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Cary
Comments:
The existing site drainage is being modified per the proposed site plan and will include two stormwater control measures: one tiered bioretention cell just north of the building, and one
stormwater wetland at the southern end of the site. Care has been taken to ensure that at a minimum, the onsite net increase in impervious is being treated by a stormwater control
measure, and that the site complies with Town of Cary peak flow requirements to the best extent practicable and complies with nutrient treatment requirements. Town of Cary is reviewing
the stormwater drawings and stormwater impact analysis for the site and the project is currently in 100 % Construction Drawings review.
G. Supplementary Information O
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
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments:*
Project does not meet thresholds requiring evaluation pursuant to the requirements of the NEPA/SEPA.
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 is being not being designed to accommodate a larger capacity and is not intended to accommodate any additional growth or development.
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.
The Town of Cary has agreed to accept and treat wastewater for this project.
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
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?
The NC Natural Heritage Program online data explorer (https://www.ncnhp.org/data) and US Fish and Wildlife Service Information for Planning and
Consultation (IPaC) report. No critical habitat was identified within the site and no element occurrences of protected species have been observed within
the site or within one mile of the site.
In the event that the tricolored bat is listed before tree clearing has been conducted, clearing moratoriums would likely be required during the typical
active season for this species which extends from April 1 through October 15 or acoustic surveys would need to be conducted in accordance with
USFWS survey protocols to determine the presence or absence of the tricolored bat at the site. If this clearing moratorium is observed, the determination
for this species could be "may affect, not likely to adversely affect."
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?
The USFWS IPaC report and the National Marine Fisheries Service Essential Fish Habitat Mapper
(https://www.habitat.noaa.gov/protection/efh/efhmapper/)
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 North Carolina State Historic Preservation Office web mapping tool HPOWEB (https://www.ncdcr.gov/about/history/division-historical-resources/gis-
maps-and-data) did not identify any resources with historic or cultural preservation status within the site or its immediate vicinity.
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? *
The project engineer and the FEMA firm maps 3720077200K, dated July 19, 2022. The FEMA firmette is attached.
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
PCN Attachments.pdf 10.22MB
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:
Ashley Bentz
Signature
r
Date
2/22/2024
M