HomeMy WebLinkAbout20191377 Ver 1_PCN Application updated_20191213j�oF�wArE�9Q�
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1.
Processing
1 a. Type(s) of approval sought from the Corps:
X❑ Section 404 Permit Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 4139 (Residential developments)
1 c.
Has the NWP or GP number been verified by the Corps?
Yes No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express X❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes X❑ No
For the record only for Corps Permit:
❑ Yes X❑ No
1f. 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.
X❑ Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes X❑ No
2.
Project Information
2a.
Name of project:
Ridgemoor
2b.
County:
Wake
2c.
Nearest municipality / town:
Garner
2d.
Subdivision name:
Ridgemoor
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Garner -Ackerman Road, LLC
3b.
Deed Book and Page No.
17094; 778
3c.
Responsible Party (for LLC if
applicable):
Richard A. Barta
3d.
Street address:
831 E. Morehead Stl, Suite 445
3e.
City, state, zip:
Charlotte, NC, 28202
3f. Telephone no.:
704-332-0844
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
Lennar Corporation, LLC - Raleigh Division
4d.
Street address:
909 Aviation Parkway, Suite 1500
4e.
City, state, zip:
Morrisville, NC 27560
4f. Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Jim Spangler / Maria Polizzi
5b.
Business name
(if applicable):
Spangler Environmental, Inc.
5c. Street address:
4338 Bland Road
5d.
City, state, zip:
Raleigh, NC, 27609
5e. Telephone no.:
919-875-4288
5f. Fax no.:
5g.
Email address:
maria@spanglerenvironmental.com
Page 2 of 10
B. Project Information and Prior Project History
1.
Property Identification 1629482624, 1629484983, 1629484591, 1629489823 ,
1a.
I OLyDoo4 / O , I OLyObouzz , I OLyO / 43Lo , I OLy3 / o / I I ,
Property identification no. (tax PIN or parcel ID): 1629475921 , 1629485029 , 1629482110
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.669804 Longitude:-78.5757
1 c.
Property size:
126 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Mahlers Creek
2b.
Water Quality Classification of nearest receiving water:
C; NSW
2c.
River basin:
Neuse
3.
Project Description
3a.
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 consist of an assemblage of residential and farm lots being predominately wooded with some grassed areas. A Duke high -power
line runs through the project area on the east side. A city of Raleigh sewer line is located near and runs parallel to the western property line. The are 2
existing
driveway culvert crossings of the unnamed tributaries to Mahler's Creek. Land use in the vicinity is mixed with farms, residential and schools.
3b.
List the total estimated acreage of all existing wetlands on the property: 3.55
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 9,500
3d.
Explain the purpose of the proposed project:
The purpose is to construct a residential development, to include infrastructure such as roads, lots, open space, recreational areas and utilities.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of the construction of a single-family residential subdivision including all roads and utilities.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
X❑ Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments:
4b.
If the Corps made the jurisdictional determination, what type
❑ Preliminary ❑ Final
of determination was made?
4c.
If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known):
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A NCDWR stream determination as conducted on July 2, 2015. Please refer to the attached July 13th, 2015 Buffer Determination Letter (NBRRO
15-274). The USACE has been on -site to look at the jurisdictional features, but has not issues a JD at this time.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
❑X Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b.
If yes, explain in detail according to "help file" instructions.
An
application was submitted by Jay Keller, with Keller Environmental on the behalf of Garner -Ackerman Road, LLC on January 15th, 2019.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes X❑ No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
0 Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
W2
W3
W4
W5
W6
2g. Total Wetland Impacts:
2h. Comments:
See attached table for wetland impacts breakdown.
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.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Choose one
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
3i. Comments:
See attached table labeled "Impacts Table" for full list of impacts. This table is no long enough to accommodate all stream impacts, so the attachment
acts as its replacement.
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments: No open water impacts.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑X Neuse Tar -Pamlico Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B 1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments: See attached table labeled "Impacts Table" for full list of impacts. The table is not long enough to accommodate all buffer impacts, so
that attached document acts as its replacement.
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The previous applicant completed a jurisdictional wetland stream assessment/delineation and Neuse River stream buffer
evaluation for the property in order to identify the natural resources so that the project designers could design a site plan that
would minimize impacts to wetlands and streams to the maximum extent practicable. Three stream crossings are necessary in
order to provide access for residents and to ensure safety by providing multiple exit routes in case of an emergency. All three
crossings have been designed to impact the smallest amount of stream and buffer possible by using headwalls and retaining
walls to minimize the crossing width.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Erosion control devices & tree protection fences will be utilized in this project to protect environmental areas of concern. Limits of disturbance will be
clearly marked onsite to prevent an accidental impacts from occurring.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of th ate
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
X❑ Yes No
2b. If yes, mitigation is required by (check all that apply):
DWQ X❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑x ❑vlitigation bank
❑x ❑Payment to in -lieu fee program Permittee Responsible
Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Wildlands Holdings
3b. Credits Purchased (attach receipt and letter)
Type: Riparian wetland
Type: Riparian Buffer
Type: Choose one
Quantity:
Quantity: 77,625
Quantity:
3c. Comments: No wetland mitigation is required due to impacts remaining under 1/10-acre.
4. Complete if Making a Payment to In -lieu Fee Program ❑
4a. Approval letter from in -lieu fee program is attached.
X Yes
4b. Stream mitigation requested:
299.5 linear feet
4c. If using stream mitigation, stream temperature:
Warm
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
X❑ Yes ❑ No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
Stream Crossing with greater
than 1/3 ac of buffer impacts
20,038
3 (2 for Catawba)
60,114
Zone 2
Stream Crossing with greater
11,674
1.5
17,511
than 1/3 ac of buffer impacts
6f. Total buffer mitigation required:
77,625
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
The proposed buffer mitigation would be through Wildlands Holdings mitigation bank.
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
X❑ Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
32.64 %
2b. Does this project require a Stormwater Management Plan?
X❑ Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Stormwater will be managed using wet ponds, sand filters, and drainage ways to divert and store runoff. Drainage ways include rip -rap lined channels,
grass swales, etc.
Note on Imperviousness of the project: This number is calculated by taking all of the on -site impervious surfaces and dividing by total parcel area. The
off -site impervious area is not included.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Certified Local Government
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Garner
X❑ Phase II
3b. Which of the following locally -implemented stormwater management programs
❑X NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes X❑ No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑ HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
X❑ No
use of public (federal/state) land?
1 b.
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
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
0 No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
There is an existing City of Raleigh sewer line on the parcel. New On -site wastewater will go to City of Raleigh wastewater collection system. The
Town will ensure that the capacity of their treatment facility will not be exceeded.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes X❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC -Natural Hertigage Programs Data Explorer Map was used to search for elemental occurrences (EO) of federally protected species listed within
1-mile of the project boundaries. It was determined based on the search that there are no EO's that are listed within 1-mile of the project boundaries.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes X❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project is in Wake County, which is not near any coastal or tidal habitat that would support EFH (i.e. salt marshes, marshed oyster reefs,
etc.)
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
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
We used the EDR NEPASearch Report. This document can be found in the attachments.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes X❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
NC Floodmaps
Jim Spangler / Maria Polizzi
��(For Jim Spangler)
12-13-2019
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10