HomeMy WebLinkAbout20240731 Ver 1_ePCN Application_20240523DWR
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# *
20240731
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
Zachary Thomas:zachary.thomas
Information for Initial Review
la. Name of project:
Riverwood Golf Club -Section 2
1a. Who is the Primary Contact? *
Deborah Shirley
1b. Primary Contact Email: *
1c. Primary Contact Phone:*
dshirley@sandec.com
(919)846-5900
Date Submitted
5/23/2024
Nearest Body of Water
Neuse River
Basin
Nauss
Water Classification
WS-IV;NSW
Site Coordinates
Latitude: Longitude:
35.658234-78.408087
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Johnston
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
O
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
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
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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:
RGC 2, LLC
2b. Deed book and page no.:
DB: 06063, DP: 0935
2c. Contact Person:
Fred Smith
2d. Address
Street Address
2102 Pritchard Rd
Address Line 2
City State / Province / Region
Clayton NC
Postal/Zip Code Country
27527 USA
Yes No
Yes No
2e. Telephone Number:
2f. Fax Number:
(919)901-3178
2g. Email Address:*
dave@hearthpointe.com
2a. Name(s) on recorded deed:
SMITH, FRED J JR
2b. Deed book and page no.:
DB: 01610, DP: 0478
2c. Contact Person:
Fred Smith
2d.Address
Street Address
632 Marcellus Way
Address Line 2
city
State / Province / Region
Clayton
NC
Postal / Zip Code
Country
27527
USA
2e. Telephone Number:
2f. Fax Number:
(919)901-3178
2g. Email Address:*
dave@hearthpointe.com
2a. Name(s) on recorded deed:
RGC 1, LLC
2b. Deed book and page no.:
DB: 05809, DP: 0879
2c. Contact Person:
Fred Smith
2d.Address
Street Address
114 W Main Street
Address Line 2
City
State / Province / Region
Clayton
NC
Postal / Zip Code
Country
27520
USA
2e. Telephone Number:
2f. Fax Number:
(919)901-3178
2g. Email Address:
dave@hearthpointe.com
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, Inc.
4c.Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27615
USA
4d. Telephone Number:
4e. Fax Number:
(919)846-5900
(919)846-9467
4f. Email Address:*
dshirley@sandec.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(ifappropriate)
1c. Nearest municipality / town:
Clayton
2. Project Identification
2a. Property Identification Number:
167900-56-1805, 167900-76-3795, 167900- 2b.Property size:
85-1824 +/- 301.91
2c. Project Address
Street Address
1085 Castleberry Road
Address Line 2
city
Clayton
Postal / Zip Code
27527
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Neuse River
3b. Water Resources Classification of nearest receiving water:"
WS-IV;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.
030202011103
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: *
Existing conditions onsite consists primarily of forested land with some field areas and single-family rural homes throughout the parcels. There are existing utility easements in the southern
portion of the property as well as dirt roads that cross throughout the property. Specifically, there are twelve (12) wetlands (W1-W12), one (1) linear wetland (LW1), nine (9) perennial
streams, eight (8) intermittent streams, and two (2) ponds (Pond 1 & 2) located on the property. General land use in the vicinity of the project consists of single family residential
developments with maintained yards and forested land. The Neuse River bounds the property to the South. Castleberry Road bounds the property to the east.
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:
Approximately 3.99 acre of Wetlands
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 13,884 LF of Streams
4h. Explain the purpose of the proposed project:
The purpose of this project is to construct residential development and its necessary infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project consists of the construction of a single-family residential development including but not limited to; roadway infrastructure, residential lots, utilities, and SCMs.
Specifically, there are three (3) road crossing impacts that impact streams, wetlands and buffers and four (4) wetland and/or stream impacts associated with sewer construction. Equipment
typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No 0 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-2021-00389
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental Consultants, Inc.
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 and determination made by Chris Hopper on May 18, 2021, a JD was never issued.
NCDWR: Site visit and field determination made by Erin Deck and Zach Thomas on August 13 and 26, 2020 (DWR RRO#20-218).
—preliminary/approved box checked so that this data box is activated, PJD/AJD not verified-
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
Yes, there will be 13 phases of the development. These are all included within the existing site plan.
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?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
a Wetlands Streams -tributaries ® Buffers
E Open Waters Pond Construction
2. Wetland Impacts
O
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
2g. Impact
(?)
area *
Impact 1
P
Bottomland Hardwood Forest
Wetland 6
Yes
Both
0.002
BRoad ottom ArchSpOrpen
)
Impact 1
Road Crossing -Culvert
T
Bottomland Hardwood Forest
Wetland 6
Yes
Both
0.022
removal and
(acres)
construction access
Impact 4
Sanitary Sewer
P
Bottomland Hardwood Forest
Wetland 7
Yes
Both
0.520
Easement -Permanent-
(acres)
No Permanent Loss
Impact 6
Sanitary Sewer
P
Bottomland Hardwood Forest
Wetland 9
Yes
Both
0.071
Easement -Permanent-
(acres)
No Permanent Loss
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.022 0.593
2g. Total Wetland Impact
0.615
21. Comments:
Total permanent loss wetland = 0.002 acres; Total permanent -no permanent loss wetland = 0.591 acres; Total temporary stream = 0.022 acres;
3. Stream Impacts
F3a.
Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
�3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
length*
S1
Impact 2- Road Crossing-
Permanent
Culvert
Stream J
Perennial
Both
93
Culvert & Headwalls
Average (feet)
(linear feet)
S2
Impact 2- RipRap Dissipator
Permanent
Other
Stream J
Perennial
Both
20
54
(Permanent no permanent
Averege (feet)
(linear feet)
loss)
S3
Impact 1- Road Crossing
Temporary
Other
Stream B
Perennial
Both
40
104
(culvert removal and
Averege (feet)
(linear feet)
bottomless arch pipe
construction))
gq
Impact 5- Sanitary Sewer
Temporary
Other
Stream H
Perennial
Both
19
35
Easement
Average (feet)
(linear feet)
S5
Impact 6- Sanitary Sewer
Temporary
Other
Stream K
Perennial
Both
30
58
Easement
Averege (feet)
(linear feet)
S6
Impact 2 - Temporary
Temporary
Other
Stream J
Perennial
Both
17
12
Construction Access
Average (feet)
(linear feet)
S7
Impact 3 - Road Crossing
Temporary
Other
Stream B
Perennial
Both
26
88
(Bottomless arch pipe
Averege (feet)
(linear feet)
construction)
31. Total jurisdictional ditch impact in square feet
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
147 297
3i. Total stream and ditch impacts:
444
3j. Comments:
Total permanent loss stream = 93 LF (0.013 acres); Total Permanent -no permanent loss stream = 54 LF (0.025 acres); Total temporary stream = 297 LF
(0.208 acres).
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
Impact 1 - Road Crossing (bottomless Arch
P
Stream B
No
6,769
4,511
Pipe)
Impact 2 - Road Crossing
P
Stream J
No
6,696
6,057
Impact 3 - Road Crossing (bottomless arch
f
Stream B
Yes
6,717
8,852
pipe)
Impact 6- Sanitary Sewer Easement
P
Stream K
Yes
5,829
2,134
6h. Total buffer impacts:
. . .. .
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1
Zone 2
Total Permanent impacts: 26,011.00
21,554.00
Zone 1
Zone 2
Total combined buffer impacts: 26,011.00
21,554.00
61. Comments:
Per the Neuse River Buffer rules; Impact #'s 5 & 7 are considered a "deemed allowable" buffer impact per 15a NCAC 02b .0714(11)(kk)(i) and was not
included within the table above. Please note the impact(s) is shown on the impact map set attached with the application.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts
could be avoided & minimized to the maximum extent practicable. Proposed impacts include three road crossings, one of which is a modification of an
existing culvert crossing, and four utility crossings. Impact 1 is an existing culvert crossing that is to be redesigned as a Bottomless Arch Pipe. The
existing culverts will be removed, and the arch span will replace the existing culverts. Proposed impacts include temporary stream impacts to account for
the removal of the culverts, permanent and temporary wetland impacts and associated riparian buffer impacts. This road improvement is necessary
because of the condition of the existing culverts in addition to providing another point of ingress and egress. Impacts have been minimized by removing
the existing culverts. The channel is to be restored within the arch span. Impact 2 is a proposed road crossing. Proposed impacts include permanent (i.e.
culvert), permanent -no permanent loss (i.e. riprap dissipators), temporary (i.e. construction access) stream impacts, and associated riparian buffer
impacts. This road crossing is necessary to provide access and connectivity to the development to the west per the Town of Clayton, please see
attached letter dated January 12, 2022 "Cross -Access between Riverwood Golf Club Section 1 and Riverwood Golf Club Section 2. Stream and riparian
buffer impacts have been minimized by utilizing head walls and retaining walls at the crossing, and by designing the crossing at a near perpendicular
angle. Impact 3 is a proposed road crossing. Proposed impacts include temporary stream impacts and associated riparian buffer impacts for the
construction of a Bottomless Arch Pipe. This impact is necessary to provide access to the western portion of the proposed project. Impacts have been
minimized by utilizing a span structure vs a culvert, utilizing headwalls, and retaining walls and by crossing at a near perpendicular angle. Riparian Buffer
mitigation is proposed at 3:1 for Zone 1 and 1.5:1 for Zone 2 permanent loss impacts. Impacts 4, 5, 6 and 7 are all impacts necessary to provide sanitary
sewer to the proposed development. The proposed easement has been minimized to 30' wide and crossing streams at a near perpendicular angle when
feasible. Compensatory mitigation is proposed at a 1:1 ratio for the "permanent -no permanent loss" wetland impacts (i.e. change of function). Impact 6 is
designed at a 62' angle, as such riparian buffer mitigation is proposed for the Zone 1 impacts, with exception to the area that is also a wetland impact.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Coffer dams and clean water diversion will be used for the temporary impacts. Silt fence, silt fence outlets, and matting will be used to minimize impacts
during 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
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 sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically 0.52
wetland credits from the Blackbird Site,and 0.08 credits from the Meadow Spring site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.60
3c. Comments
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.
6c. Reason for impact �16d.
Total impact (square
feet)
Multiplier
6e. Required mitigation
square
(square feet)
(32,211
Zone 1
Eossing (#3) &non-perp Sewer Crossing
�737t3
Zone 2Road Crossing (#3) 8,852 1.5 13,278
6f. Total buffer mitigation required
45,489
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
At impact #6, Zone 1 buffer mitigation only required outside the wetland impact area = 1,879
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
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 Clayton
Comments:
Wet detention ponds
G. Supplementary Information
1. Environmental Documentation
No
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.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and
silvicultural operations. The Riverwood Golf Club — Section II project is a residential development. Additionally, the project is located within the Town of
Clayton ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1)
the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition
Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater Permit
Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction
stormwater management requirements; 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires
protective riparian buffers. We anticipate that the DWR will advise us if any additional information is needed.
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.
Non -discharge. Johnston County Wastewater Plant.
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
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
Unknown
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?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on
March 28, 2022. The USFWS has 30 days to respond from the date of the sent request. S&EC received no response from USFWS within the 30 days
which in their interpretation means that they concur with the determinations made by S&EC. The S&EC determinations were that the proposed project is
not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently
proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report.
6. Essential Fish Habitat (Corps Requirement)
Ga. 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 NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
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 NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on February 10, 2022, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. SHPO provided a response letter on April 21, 2022 (attached).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
There are no proposed impacts to the FEMA floodplain.
8c. What source(s) did you use to make the floodplain determination?
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
a
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_Riverwood 2.pdf 69.43MB
File must be PDF or KMZ
Comments
Signature O
p 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:
Deborah Shirley
Signature
�otn�f �fi't!nf
Date
5/23/2024