HomeMy WebLinkAbout20220920 Ver 2_ePCN Application_20240909DW 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# *
20220920
2
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*
Washington Regional Office - (252) 946-6481
Robert Tankard:robert.tankard
Information for Initial Review
la. Name of project:
Goldsboro Oak Forest
la. Who is the Primary Contact?*
Rick Toone
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
rtrone@withersravenel.com (919)538-8184
Date Submitted
9/9/2024
Nearest Body of Water
Stoney Creek
Basin
Neuse
Water Classification
C;NSW
Site Coordinates
Latitude: Longitude:
35.375754-77.930273
A. Processing Information -
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wayne
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
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
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)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Oak Forest Holdings, LLC
2b. Deed book and page no.:
3772; 449
2c. Contact Person:
James P. Raynor
2d.Address
Street Address
639 Executive Place
Address Line 2
Suite 400
City
State / Province / Region
Fayetteville
NC
Postal / Zip Code
Country
28305
USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(910)481-0503
2g. Email Address:*
patrick@cavinessandcates.com
3. Applicant Information (if different from owner)
3a. Name:
James P. Raynor
3b. Business Name:
Caviness & Cates
3c.Address
Street Address
639 Executive Place
Address Line 2
Suite 400
City
State / Province / Region
Fayetteville
NC
Postal / Zip Code
Country
28305
USA
3d. Telephone Number: 3e. Fax Number:
(910)481-0503
3f. Email Address:*
patrick@cavinessandcates.com
4. Agent/Consultant (if applicable)
4a. Name:
Rick Trone
4b. Business Name:
WithersRavenel
4c.Address
Street Address
115 MacKenan Drive
Address Line 2
City
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27511
USA
4d. Telephone Number: 4e. Fax Number:
(919)538-8184
4f. Email Address:
rtrone@withersravenel.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Goldsboro, NC
2. Project Identification
2a. Property Identification Number: 2b. Property size:
PINS:3519922922 & 3519839488 24.93
Q
2c. Project Address
Street Address
North Oak Forest Road
Address Line 2
City
Goldsboro
Postal / Zip Code
27534
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Stoney Creek
3b. Water Resources Classification of nearest receiving water:
C;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.
030202020102
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 review area contains agricultural fields and a channelized intermittent stream. The onsite vegetative communities were characterized as agricultural and early successional. The
agricultural fields are in active cultivation and at the time of the site visit contained the stubbles from harvested wheat. The early successional community ran along both sides of an
intermittent stream (Stream 1) that bisected the review area. This community was comprised of annual ragweed (Ambrosia artemisitfolia), American sicklepod (Senna obtusifolia),
American elder (Sambucus canadensis), dotted smartweed (Persicaria punctata), blackberry (Rubus occidentalis), and goldenrod (Solidago spp.).
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:
4g. List the total estimated linear feet of all existing streams on the property:
480
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project will consist of the construction of a 312-unit residential multifamily subdivision and associated infrastructure in one phase to meet the existing and
growing demand for residential housing in Goldsboro and Wayne County.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project consists of the construction of the following:
13 apartment buildings/312 units and a total of 588 bedrooms
• 9 garage buildings consisting of multiple covered garages per building
599 parking spaces
• 15 ADA parking spaces
• Clubhouse
• Pool House and pool amenity area with grill pavilion
• A Maintenance Shop and a trash compactor and recycling area
Construction of infrastructure (roads, landscape buffers, utilities, stormwater management, etc.)
Stream 1 bisects the site east to west and the USACE determined one segment of Stream 1 to be open water. Proposed permanent stream and open water impacts are necessary for the
installation of two road crossings for the internal road network. Additional impacts are also proposed for rip rap dissipators for SCM 1 (Impact S3) and SCM 3A (Impact OW5). Lastly, a
temporary stream impact is necessary to remove an existing culvert and restore that section of Stream 1 (Impact S1). Temporary impacts are necessary for construction/dewatering at the
road crossings.
The internal streets have dual functions as parking lots. The first crossing (Impacts S4-S7) will cross Stream 1 perpendicularly with two culverts (71' x 54" RCP and 71' x 72" RCP). Riprap
dissipators will be constructed below the culverts to dissipate flow velocity to prevent erosion and sedimentation of the streams. The culverts will be buried 12" to allow for aquatic life
passage.
A second stream crossing for an internal road/parking lot will cross an open water segment of Stream 1 (Impacts OW1-OW4) perpendicularly with dual culverts (76' x 72" dual RCP). The
culverts will be buried 12" to allow for aquatic life passage. Riprap dissipators will be installed below the culverts to prevent erosion and sedimentation of downstream waters. 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 stream function.
During construction of the culverted road crossings work will be completed "in the dry" by constructing temporary coffer dams upstream and downstream of the culverts as needed within
the impact areas and pumping flow around the construction area. 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.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No
G Unknown
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-2022-02540
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alyssa Ricci
Agency/Consultant Company: WithersRavenel
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
WithersRavenel (WR) conducted a delineation of the wetlands, streams, and riparian buffers in June 2022. See attached Approved Delineation Exhibit.
WR met with the USACE onsite on February 16, 2023 and WR received a concurrence letter from the USACE on March 3, 2023. The USACE concurrence letter is included as an
attachment.
NC DWR issued a Neuse River Riparian Buffer Determination Letter (20220920 0) on November 8, 2022, which has been provided as an attachment. DWR determined the onsite feature
to not be subject to the buffer rules.
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
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
3a. 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
Construction Access
Temporary
Dewatering
Stream 1
Intermittent
Both
15
12
Averege (feet)
(linear feet)
S2
Construction Access
Temporary
Dewatering
Stream 1
Intermittent
Both
18
Average (feet)
(linear feet)
S3
Rip Rap Install
Permanent
Rip Rap Fill
Stream 1
Intermittent
Both
16
12
Average (feel)
(linear feet)
S4
Construction Access
Temporary
Dewatering
Stream 1
Intermittent
Both
25
10
Averege (feet)
(linear feet)
SS
Rip Rap Install
Permanent
Rip Rap Fill
Stream 1
Intermittent
Both
24
17
Average (feet)
(linear feet)
S6
Road Crossing
Permanent
Culvert
Stream 1
Intermittent
Both
24
71
Averege (feet)
(linear feet)
g7
Construction Access
Temporary
Dewatering
Stream 1 ::IIntermittent
Both
20
26
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
100
3i. Total stream and ditch impacts:
157
3j. Comments:
4. Open Water Impacts
3i. Total temporary stream impacts:
57
4a. Site #
4a1. Impact Reason
4b. Impact type
4C. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
OW1
Construction Access
T
Stream 1
Dewatering
_11
Tributary 11
0.01
OW2
Rip Rap Install
P
Stream 1
Fill
_11
Tributary
0.01
OW3
Road Crossing
P
Stream 1
Culverts
Tributary
0.01
OW4
Construction Access
T
Stream 1
Dewatering :11Tributary
0.01
OW5
Rip Rap Install
P
Stream 1
Fill
_11
Tributary
0.01
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.02 0.03
4g. Total open water impacts:
0.05
4h. Comments:
Note that the proposed open water impacts are too small to fit the PCN form which only allows two decimal places. Please refer to the impact maps for
actual open water impact amounts.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
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 wetland 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 and create connectivity within the site and to existing roads, two SCM outfalls, and removal of an existing
culvert and associated stream restoration in the culvert location. Because Stream 1 and the open water segment of Stream 1 bisects the site east to
west the stream cannot be avoided due to the need to access the entire site. Avoiding the stream by creating two entrances to the site and forcing traffic
to drive around using surface roads to reach the other half of the development is not a feasible option.
The site was designed around jurisdictional features therefore no impacts are proposed for construction of lots, utilities, or stormwater. All road crossings
have been designed to cross perpendicularly to minimize impacts to aquatic features. The use of retaining walls and wing walls has been maximized to
minimize impacts.
Riprap dissipators will be constructed at road crossings such that 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 stream channel.
Upon completion of construction, all temporarily impacted areas will be restored to pre -construction conditions and grades, and temporarily stabilized
with biodegradable matting and buffers will be seeded with a riparian seed mix. No matting will be placed on the stream bed.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
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
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
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)
71
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
Please see attached NCDMS Acceptance Letter.
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
49. Coastal (tidal) wetland mitigation requested:
(acres)
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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
If no, explain why:
Stream on site was determined to not be subject to the Neuse Buffer 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.
City of Goldsboro
Comments:
The City of Goldsboro has structured their own Stormwater Management Program based on the Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy and the EPA
Phase II Stormwater Rule.
The Stormwater Management Plan consists of four SCM's (SCM 1, SCM 2A, SCM 213, and SCM 3B) that have been designed to pass the required one year as well as the 100-year design
storm event via the primary spillway. SCM 3A has been designed to activity an auxiliary spillway during the 25-year storm discharging into an armored channel. Nutrient calculations
indicate that the proposed Stormwater Management Plan has sufficient mitigation measures to comply with nutrient export standards in accordance with local and state regulations.
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
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 will not result in additional development which 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.
Wastewater will be conveyed to collection system to be delivered at nearest wastewater treatment 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
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?
WR summitted a request on 9/3/2024 for the official species list generated using USFWS' Information for Planning and Consultation (IPaC), located at
https:/Iecos.fws.gov/ipac/. This species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated
critical habitat, that may occur within the boundary of the project and may be affected by the project. The IPaC list specified that there are four species
(Red -cockaded Woodpecker, Neuse River waterdog, Carolina Madtom, and Atlantic Pigtoe) that may be within the project area or affected by the
project. The 9/3/2024 IPaC list has been provided as an attachment.
WR submitted a project review request to the NCNHP on 9/3/2024 through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to
identify known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The NCNHP project review did not
identify any known occurrences of federally listed species within the review area or within 1.0 miles, as documented in the attached letter from NCNHP
dated 9/3/2024.
On 06/23/2021, WR conducted a pedestrian survey to assess vegetative communities and identify potential habitat for, or occurrences of federally listed
species within or immediately adjacent to the review area. The review area contained two vegetative communities (agricultural and early successional).
The agricultural fields and early successional community within the review area were not considered potential RCW nesting habitat. A review of aerial
photography determined that there are no large areas of mature pine forest within 0.5 mile of the review area sufficient to be considered suitable RCW
nesting habitat. Therefore, the review area was not considered potential RCW foraging habitat.
Based on a lack of potential habitat, and lack of nearby records, WR concludes that the proposed project will have No Effect on RCW.
The intermittent stream within the review area was not considered potential habitat for the Neuse River Waterdog, Carolina Madtom, or Atlantic Pigtoe
due to the lack of water in this stream during portions of the year. Targeted surveys for the presence/absence of a population were not conducted.
Based on the lack of potential habitat, lack of nearby records, WR concludes that the proposed project will have No Effect on Neuse River Waterdog,
Carolina Madtom, or Atlantic Pigtoe.
The review area does not contain occurrences of, or potential habitat for the Red -cockaded Woodpecker, Neuse River Waterdog, Carolina Madtom, or
Atlantic Pigtoe and the proposed activities will have no effect on these species. Therefore, based our findings and best professional judgment Section 7
consultation with the USFWS under the ESA is not required as the proposed project will have No Effect on federally listed threatened or endangered
species known to occur in Wayne County.
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?
WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html.
There are no waters classified as EFH in Wayne County.
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?"
On July 5, 2022, WR submitted a SHPO request review for the site. SHPO replied with a letter on July 25, 2022, and indicated they were not aware of
any historic resources that would be affected by the proposed project. The SHPO final comment letter has been provided as an attachment.
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?"
There are no Special Flood Hazard areas located on the subject site per FEMA Flood Insurance Map 3720351900K dates June 20, 2018.
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 22.18MB
File must be PDF or KMZ
Comments
Please see the included Attachments and Cover Letter.
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:
Rick Trone
Signature
Q AW
Date
9/9/2024
M