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HomeMy WebLinkAbout20190812 Ver 1_PCN Submitted 10.31.19_revised 12-3-19_2019120310/31 /2019 Submission Completed M Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) September 29, 2018 Ver 3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https:Hedocs.deq.nc.gov/WaterResources/O/edoc/624704/PCN%2OHelp%2OFile%202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Wake Is this project a public transportation project?* Yes - No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. 1 a. 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) 1 b. What type(s) of permit(s) do you wish to seek authorization?* Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) https://edocs.deq.nc.gov/Forms/Form/Submit 1/24 10/31 /2019 Submission Completed This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form. 1c. Has the NWP or GP number been verified by the Corps?* Yes No Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): List all NW numbers you are applying for not on the drop down list. 1 d. Type(s) of approval sought from the DWR: check all that apply ✓ 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual Permit 401 Water Quality Certification - Express Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 4 Yes No Acceptance Letter Attachment Click the upload button or drag and drop files here to attach document 10.01.19 Oak Park SD Acceptance Letter.pdf FILE TYPE MUST BE PDF Wel&VN:7 https://edocs.deq.nc.gov/Forms/Form/Submit 2/24 10/31 /2019 Submission Completed 1h. Is the project located in any of NC's twenty coastal counties?* Yes No 1 j. Is the project located in a designated trout watershed?* Yes No Link to trout information: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency- Coordination/Trout.aspx B. Applicant Information 1 a. Who is the Primary Contact?* Lauren Norris -Heflin 1 b. Primary Contact Email:* lauren.norris- heflin@timmons.com 1d. Who is applying for the permit?* Owner (Check all that apply) 1e. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed:* Oak Park Developers, LLC 2b. Deed book and page no.: Deed book 017299, page 02276 2c. Responsible party: (for Corporations) Oak Park Developers, LLC 1c. Primary Contact Phone:* (xxx)xxx-xxxx (919)866-4943 Applicant (other than owner) https://edocs.deq.nc.gov/Forms/Form/Submit 3/24 10/31/2019 Submission Completed 2d. Address* Street Address 1401 Aversboro Road Address Line 2 Suite 206 City State / Province / Region Garner NC Postal / Zip Code Country 27529 USA 2e. Telephone Number:* (xxx)xxx-xxxx (919)772-3929 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* douglas@ballrentals.com 3. Applicant Information (if different from owner) 3a. Name:* Douglas Ball 3b. Business Name: (if applicable) 3c. Address* Street Address 1401 Aversboro Road Address Line 2 Suite 206 city Garner Postal / Zip Code 27529 State / Province / Region NC Country USA https://edocs.deq.nc.gov/Forms/Form/Submit 4/24 10/31/2019 Submission Completed 3d. Telephone Number:* (919)772-3929 3e. Fax Number: (xxx)xxx-xxxx (xxx)xxx-xxxx 3f. Email Address:* douglas@ballrentals.com 4. Agent/Consultant (if applicable) 4a. Name:* Lauren Norris -Heflin 4b. Business Name: (if applicable) Timmons Group 4c. Address* Street Address 5410 Trinity Road Address Line 2 Suite 102 City State / Province / Region Raleigh NC Postal / Zip Code Country 27607 USA 4d. Telephone Number:* (919)866-4943 4e. Fax Number: (xxx)xxx-xxxx (xxx)xxx-xxxx 4f. Email Address:* lauren.norris-heflin@timmons.com Agent Authorization Letter* Please provide the Agent Authorization Letter if you are submitting this document. 2017-12-01 Signed Agent Authorization. pdf FILE TYPE MUST BE PDF 102.19KB https://edocs.deq.nc.gov/Forms/Form/Submit 5/24 10/31 /2019 Submission Completed C. Project Information and Prior Project History 1. Project Information 1 a. Name of project:* Oak Park Subdivision 1 b. Subdivision name: (if appropriate) Oak Park 1c. Nearest municipality / town-.* Garner 2. Project Identification 2a. Property Identification Number: 2b. Property size: (tax PIN or parcel ID) (in acres) 1629024188 47.63 2c. Project Address Street Address 0 New Bethel Church Road Address Line 2 City State / Province / Region Garner NC Postal / Zip Code Country 27529 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude: * 35.651743 ex: 34.208504 Longitude: * -78.593095 -77.796371 https://edocs.deq.nc.gov/Forms/Form/Submit 6/24 10/31/2019 Submission Completed 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * unnamed tributary of Swift Creek, nearest Stream Index #27-48-(8) 3b. Water Resources Classification of nearest receiving water: * C; NSW Surface Water Lookup 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located.* 030202011004 River Basin Lookup 4. Project Description and History https://edocs.deq.nc.gov/Forms/Form/Submit 7/24 10/31 /2019 Submission Completed 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 for this permit application encompasses approximately 38.44 acres and is located southeast of the intersection of the Clifford Road and New Bethel Church Road in Garner, North Carolina within Wake County. The project site consists of Phase 2 and 4 of a larger approximately 97.91-acre development area (phases 1 and 3 have no impacts to Waters of the U.S. or associated buffers). Phases 2 and 4, the project site, are located entirely within a Wake County parcel identified as 1629024188 which is 47.63-acres. For the purposes of this review however, the project site is referred to as the aforementioned 38.44-acre area comprising Phases 2 and 4. The project site is currently occupied by mixed hardwood -pine forest. The project area is bounded to the north and east by forested and residential land, to the south by forested land, and to the west by low density residential land associated with Phases 1 and 3. Land use within the vicinity of the project site consists of low density residential, institutional, and undeveloped areas. Three unnamed tributaries to Swift Creek are located within the western, northeastern, and southern portions of the project site. The project site is located within the Neuse River Basin (HUC 030202011004) and within the Mahlers Creek — Swift Creek sub -watershed. The project site drains to Swift Creek, which has a DWR Stream Classification of Class C and NSW. According to FEMA Flood Insurance Rate Maps 3720162900J and 3720161900J (issued May 2, 2006), the site is located within Zone X, areas located outside of the 100- year floodplain. A wetland delineation was conducted by Angler Environmental in 2015 and an on -site jurisdictional determination was conducted by David Schaeffer — USACE representative on December 29, 2015 (USACE Action Id: SAW-2015-02534). A Neuse River Buffer Determination was issued on February 2, 2016 by DWR (NBRRO# 15-516). 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Click the upload button or drag and drop files here to attach document Figure 1 - VIC.pdf File type must be pdf 758.62KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Click the upload button or drag and drop files here to attach document Figure 5 - NRCS.pdf File type must be pdf I77UTA141:t:1:3 4f. List the total estimated acreage of all existing wetlands on the property: 0.017 https://edocs.deq.nc.gov/Forms/Form/Submit 8/24 10/31 /2019 Submission Completed 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 3,910 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to construct an affordable and family friendly residential subdivision with community cohesion and the necessary amenities within the southern section of the Town of Garner, designed to provide housing to the southeastern section of Wake County, North Carolina. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project (38.44-acres) is part of a larger development (97.91-acres) consisting of single family lots and amenities in addition to roadway and utility improvements. Three (3) road crossings (Crossings 1, 2, and 3) and 2 (2) utility crossings (Buffer Impact Adjacent to Crossing 3 and Open Cut Water Main Impact) associated with the residential development are required in order to connect Phases 2 and 4 to the remaining portions of the development. The attached Impact Maps include the specific details of proposed construction, impact areas, and includes tables summarizing disturbance amounts. Installation of Reinforced Concrete Pipes (RCPs) at the three road crossings will be countersunk underneath the road to maintain the hydrologic connection between the up -gradient and down -gradient portion of the streams. The Road Crossing Impact "Crossing 1" will have dual 72-inch RCP culverts, and the culvert outfalls are designed with an energy dissipater pad constructed of class 2 riprap. Both Road Crossing Impact "Crossing 2" and "Crossing 3" are designed with an energy dissipater pad constructed of Class 1 riprap, and will utilize a 54-inch RCP culvert and a 48-inch RCP culvert, respectively. The Utility Crossing Impact adjacent to "Crossing 3" will involve clearing for directional boring within portions of buffer Zone 2. No impacts will occur within the associated stream or buffer Zone 1 as the utility line will be bored beneath these areas, avoiding any aboveground disturbance. The second Utility Crossing Impact identified as "Open Cut Water Main" will involve clearing and temporary ground disturbance within portions of Zone 1, Zone 2, and a perennial stream for the installation of a water main associated with the project (10-ft wide easement). Directional boring within this location is not feasible due to the steep slopes which would make access and use of the necessary equipment impractical and unsafe. The proposed pipe orientations are as close to the existing stream alignment as possible with the least amount of environmental impacts. Due to how the existing stream alignment meanders, realigning the culverts in a way different to the proposed design would create additional environmental impacts. Dissipator pads are shown at the crossings to help minimize/eliminate any potential erosion concerns. All work will be conducted in accordance with all local state and federal regulations. No BMPs are required for the proposed project. Please see the attached project plans. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. https://edocs.deq.nc.gov/Forms/Form/Submit 9/24 10/31 /2019 Submission Completed 4j. Please upload project drawings for the proposed project. Click the upload button or drag and drop files here to attach document Oak Park Impact Maps 2019-10-02.pdf 2.74MB CDs - Oak Park Phases 2 & 4 - 2019-10-10.pdf 54.84MB File type must be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: 1►n A PFO wetland, a perennial stream, and three intermittent stream segments were delineated within the project site. 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: Example: SAW-2017-99999 SAW-2015-02534 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Angler Environmental 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 PJD issued by David Shaeffer on December 29, 2015. A Neuse River Buffer Determination was issued by Danny Smith of DWR on February 2, 2016 (NBRRO# 15-516). A copy of the PJD was unable to be obtained from Angler Environmental. https://edocs.deq.nc.gov/Forms/Form/Submit 10/24 10/31 /2019 Submission Completed 5d1. Jurisdictional determination upload Click the upload button or drag and drop files here to attach document DWR Buffer Determination. pdf File type must be PDF 6. Future Project Plans 6a. Is this a phased project?* Yes No 7b. If yes, explain. The project site consists of Phases 2 and 4 of a larger development, consisting of 4 total phases. Based on the wetland, stream, and buffer boundaries verified during the USACE PJD and NCDWR Neuse River Buffer Verification, Phases 1 and 3 were determined to have no impacts to Waters of the U.S. and associated buffers. Therefore, development commenced on the entirely upland Phases 1 and 3. Development of Phases 2 and 4 are pending completion of this PCN. A map depicting all overall project phases is attached under Miscellaneous below ("20190927 OakPark Lot -Phasing". 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre - construction notification. fry 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 If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. "S." will be used in the table below to represent the word "stream". https://edocs.deq.nc.gov/Forms/Form/Submit 11/24 10/31 /2019 Submission Completed 3a. Reason for 3b.lmpact 3c. Type of 3d. S. name* 3e. Stream 3f. Type of 3g. S. 3h. impact* (') type* impact* Type* (') Jurisdiction width* Impact length S1 Stream Crossing Permane Other Unnamed Perennial Both 7 100 #1 nt Tributary of Swift Average (linear Creek (feet) feet) S2 Stream Crossing Permane Other Unnamed Intermitten Both 7 91 #2 nt Tributary of Swift t Average (linear Creek (feet) feet) S3 Stream Crossing Permane Other Unnamed Intermitten Both 7 85 #3 nt Tributary of Swift t Average (linear Creek (feet) feet) S4 Stream Crossing Temporar Other Unnamed Perennial Both 7 91 #1 y Tributary of Swift Average (linear Creek (feet) feet) S5 Stream Crossing Temporar Other Unnamed Intermitten Both 7 63 #2 y Tributary of Swift t Average (linear Creek (feet) feet) S6 Stream Crossing Temporar Other Unnamed Intermitten Both 7 56 #3 y Tributary of Swift t Average (linear Creek (feet) feet) S7 Open Cut Water Temporar Other Unnamed Perennial Both 7 10 Main y Tributary of Swift Average (linear Creek (feet) feet) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 276 3i. Total temporary stream impacts: 220 3i. Total stream and ditch impacts: 496 https://edocs.deq.nc.gov/Forms/Form/Submit 12/24 10/31 /2019 Submission Completed 3j. Comments: Permanent disturbance in the vicinity of the three road crossings will be associated with the installation a culvert along each stream segment. Culvert details, including the plan and profile, for each road crossing are included in the attached site plans (see attached Impact Maps, Sheets C2.1 through C4.2). Temporary disturbance in the vicinity of the three road crossings will be associated with installation of dissipator pads. Temporary disturbance at the Open Cut Water Main is associated with the manual placement of an underground waterline, which will be reburied with the natural stream substrate/sediment. See Impact Maps for additional details. Details on each Road Crossing impact provided on Sheets C2.1 through C4.2. Section 3, 4i includes a more detailed description of culvert sizes. 6. Buffer Impacts (for DWR) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below. 6a. Project is in which protect basin(s)?* Check all that apply. Neuse Catawba Goose Creek Other Tar -Pamlico Randleman Jordan Lake 6b. Impact Type* (') 6c. Per or 6d. Stream name* 6e. Buffer mitigation 6f. Zone 1 6g. Zone 2 Temp*(?) required?* impact* impact* Crossing #1 Culvert Fill P Unnamed Tributary No 4,293 2,582 of Swift Creek (square feet) (square feet) Crossing #1 Bank P Unnamed Tributary No 4,196 3,003 Stabilization of Swift Creek (square feet) (square feet) Crossing #2, Culvert fill P Unnamed Tributary No 4,973 2,725 of Swift Creek (square feet) (square feet) Crossing #2, Bank P Unnamed Tributary No 3,102 1,028 stabilization of Swift Creek (square feet) (square feet) https://edocs.deq.nc.gov/Forms/Form/Submit 13/24 10/31 /2019 Submission Completed Crossing #3, Culvert fill P Unnamed Tributary No 4,397 2,724 of Swift Creek (square feet) (square feet) Crossing #3, Bank P Unnamed Tributary No 2,333 1,287 stabilization of Swift Creek (square feet) (square feet) Crossing #1 Riprap T Unnamed Tributary No 1,200 0 of Swift Creek (square feet) (square feet) Crossing #1, Construction T Unnamed Tributary No 2,332 1,151 Access of Swift Creek (square feet) (square feet) Crossing #2, Riprap T Unnamed Tributary No 485 0 of Swift Creek (square feet) (square feet) Crossing #2, Construction T Unnamed Tributary No 1,805 953 access of Swift Creek (square feet) (square feet) Crossing #3, Riprap T Unnamed Tributary No 286 0 of Swift Creek (square feet) (square feet) Crossing #3, Construction T Unnamed Tributary No 1,901 1,008 access of Swift Creek (square feet) (square feet) Crossing #3, Sanitary T Unnamed Tributary No 0 1,633 sewer of Swift Creek (square feet) (square feet) Water Main Zone, Open T Unnamed Tributary No 704 494 Cut of Swift Creek (square feet) (square feet) 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 8,713.00 5,239.00 Zone 1 Zone 2 Total Permanent impacts: 23,294.00 13,349.00 Zone 1 Zone 2 https://edocs.deq.nc.gov/Forms/Form/Submit 14/24 10/31 /2019 Submission Completed Total combined buffer 32,007.00 18,588.00 impacts 6i. Comments: Permanent disturbance in the vicinity of the three road crossings will be associated with the construction of a road, sidewalk, and adjacent managed vegetated right-of-way. Temporary disturbance in the vicinity of the proposed utility near crossing #3 will be associated with direct boring of an underground utility line. Temporary disturbance in the vicinity of the Water Main Zone will associated with the manual open cut and placement of an underground water main. See Impact Maps for additional details. Details of specific impacts for road crossings 1 through 3 is provided on pages C2.1 through C4.2. Supporting Documentation - i.e. Impact Maps, Plan Sheet, etc. Click the upload button or drag and drop files here to attach document Oak Park Impact Maps 2019-10-02.pdf 2.74MB File must be PDF 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:* Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including the utilization of the wetland and stream delineation to adjust the project layout in order to avoid and minimize impacts. The proposed stream and associated buffer impacts are the result of the necessary infrastructure and facility layout, without which the project's goals would not be realized. The stream/buffer impacts at Crossing #1 are required to connect the project to the larger development. Stream/buffer impact Crossing #2 are required to gain access to the southern section of the project site as this section is surrounded by undeveloped forested land and there are no other existing road for it to connect to. Stream/buffer impacts at Crossing #3 are required to gain access to the northeastern section of the project site, as an additional entryway from New Bethel Church Road would be located significantly closer than the NCDOT and Garner intersection spacing https://edocs.deq.nc.gov/Forms/Form/Submit 15/24 10/31/2019 Submission Completed requirements for safe stopping distances and required connectivity (potentially causing a traffic hazard if constructed). Additional Zone 2 buffer impacts at Crossing #3 are required for construction of an underground sanitary sewer easement, due to elevation requirements preventing the utility line beneath the proposed road, which would render the utility line ineffective. The Utility Crossing will involve clearing for directional boring within portions of buffer Zone 2. Impacts to the stream and Zone 1 will be avoided as the utility line will be bored beneath these areas, avoiding any aboveground disturbance. Temporary Impacts at the Water Main Zone to the perennial stream, a portion of Zone 1, and a portion of Zone 2 are required due to the steep slope of the area, which prevents the safe use of the equipment required for directional boring. Upon completion of the temporary impacts, the streambed will be restored to pre -project elevations and widths using natural streambed material. The trench will be backfilled with the excavated natural streambed material to a depth of at least 12-inches or bottom depth of impacted area is shallower. Stream banks will be restored to pre -project grade and contours. Disturbed portions of Zone 1 and Zone 2 will be seeded and stabilized immediately following disturbance. The location of the proposed road crossings have been minimized impacts to the maximum extent practicable by aligning the crossing as close to 90 degrees as possible. In addition, utilities (i.e. water) and sidewalks have been aligned adjacent and parallel to the proposed road crossings. Dissipater pads associated with the culverts will be installed flush with the existing grade of the stream bed to allow for aquatic life passage. The proposed pipe orientation is as close to the existing stream alignment as possible with the least amount of environmental impacts. Due to how the existing stream alignment meanders, realigning the culverts will create additional environmental impacts. Dissipator pads are shown at the crossing to help minimize/eliminate any potential erosion concerns. Access to the adjoining properties to the east and south were unavailable as they are owned by other entities. Therefore, alternative access routes could not be obtained and Crossings #2 and #3 were required. https://edocs.deq.nc.gov/Forms/Form/Submit 16/24 10/31 /2019 Submission Completed 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: * Proper land use control measures will be utilized during all phases of construction and will be in compliance with applicable regulations. All work will take place during dry conditions and can be facilitated from upland, non -jurisdictional, stable ground. Measures will be taken to prevent oil, tar, trash, debris, and other pollutants from entering the adjacent jurisdictional streams and buffer areas. Any excess excavated materials not utilized as backfill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional streams and buffer areas. Therefore, stockpiling of excavated material within jurisdictional areas will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional streams and buffers will be carried to completion in an expeditious manner to minimize the period of disturbance within the jurisdictional streams. 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 Permittee Responsible program 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: 4c. If using stream mitigation, what is the stream (linear feet) 276 at a 2:1 ratio temperature: warm NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. https://edocs.deq.nc.gov/Forms/Form/Submit 17/24 10/31 /2019 Submission Completed 4d. Buffer mitigation requested (DWR only) (square feet) N/A 4f. Non -riparian wetland mitigation requested (acres) N/A 4h. Comments 4e. Riparian wetland mitigation requested: (acres) N/A 4g. Coastal (tidal) wetland mitigation requested: (acres) N/A Timmons Group contacted three mitigation banks associated with the project HUC (RES, Wildlands, and Restoration Systems), however, none of the banks had available stream mitigation. Therefore, a Letter of Acceptance was obtained from the NC DEQ Department of Mitigation Services for the required mitigation. The proposed Neuse River Buffer Impacts are either exempt or allowable use activities. Therefore, buffer impact mitigation is not required. F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 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 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. https://edocs.deq.nc.gov/Forms/Form/Submit 18/24 10/31/2019 Submission Completed 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 (check all that apply) For a list of options to meet the diffuse flow requirements, click here. Diffuse Flow Documentation Click the upload button or drag and drop files here to attach document Oak Park CDs - Diffuse Flow Sheets.pdf 5.25MB File type must be PDF 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)?* IY�R.7 To look up low density requirement click here 15A NCAC 02H .1003(2). Comments: The proposed development has been evaluated to ensure that the proposed site development will meet or exceed the intent of the Town of Garner's stormwater requirements for stormwater quality and control. Due to the geographical location of the proposed development, the site must meet nitrogen runoff requirements. Based on the current design, and the fact that the site is limited to 30% impervious, the nitrogen runoff requirements can be met via a buydown and there will be no need to install water quality measures for treatment. In addition, the site was evaluated to determine if, due to location within the watershed, detention would be beneficial or detrimental to downstream flooding. As per an analysis of stormwater detention, it was determined that detention would not be beneficial to this project and would result in adverse impacts downstream; therefore, detention facilities are not included in the proposed project. G. Supplementary Information 1. Environmental Documentation https://edocs.deq.nc.gov/Forms/Form/Submit 19/24 10/31 /2019 Submission Completed 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 (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. The entire project is a single and complete project with appropriate land use control measures in place for specific areas which require them. 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. Waste water will be directed into an existing treatment facility operated by the Town of Garner. Project is going through normal municipal review processes to confirm designed adequately for available capacity. 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 https://edocs.deq.nc.gov/Forms/Form/Submit 20/24 10/31 /2019 Submission Completed 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 2re, 5e. Is this a DOT project located within Division's 1-8?* Yes No Unknown 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 Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 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 and IPaC databases were used to determine whether or not any federally protected species have been known to occur within the project limits. An aquatic species survey report was prepared by Three Oaks Engineering for Timmons Group to determine the presence of any federally protected aquatic species within the project limits. The Aquatics Survey determined the project would "not likely adversely affect" protected species, and Kathy Matthews of the USFWS informally concurred with that determination on 9/26/19. https://edocs.deq.nc.gov/Forms/Form/Submit 21/24 10/31/2019 Submission Completed Consultation Documentation Upload Click the upload button or drag and drop files here to attach document NC NHP Report.pdf 1004.38KB Official IPaC.pdf 241.44KB Oak Park Freshwater Mussel Surveys Final Report Submitted Sept ... 997.57KB 09.26.19_KM to LNH_Aquatics Conf..pdf 119.93KB File type must be PDF 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?* NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http_//gis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC SHPO online resources map and site files review at the Office of State Archaeology 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drop files here to attach document Oak Park -New Bethel —Cultural Resources 06132019.pdf 669.1 KB File must be PDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search https://edocs.deq.nc.gov/Forms/Form/Submit 22/24 10/31 /2019 Submission Completed 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?* According to FEMA Flood Insurance Rate Maps 3720162900J and 3720161900J (issued May 2, 2006), the site is located within Zone X, areas located outside of the 100-year floodplain. Miscellaneous Comments This application is a re -submittal of a previous PCN submitted on 06/14/19. Per USACE request, the previous consultation was closed out in order to confirm potential to impact protected aquatic species in addition to finalizing plan revisions. As requested, this new PCN application is being submitted with the requested Impact Map changes, Aquatic Species Investigation, and Mitigation Acceptance Letter. Miscellaneous attachments not previously requested. Click the upload button or drag and drop files here to attach document 20190927 OakPark Lot-Phasing.pdf 1.44MB Figure 2 - HUC.pdf 2.26MB Figure 3 - EIM.pdf 1.95MB Figure 4 - Parcel.pdf 1.19MB File must be PDF or KMZ Signature * By checking the box and signing below, I certify that: ■ 1 have given true, accurate, and complete information on this form; ■ 1 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"); ■ 1 agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND ■ 1 intend to electronically sign and submit the PCN form. https://edocs.deq.nc.gov/Forms/Form/Submit 23/24 10/31 /2019 Submission Completed Full Name:* Lauren Norris -Heflin Signature Date 10/31 /2019 https://edocs.deq.nc.gov/Forms/Form/Submit 24/24