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HomeMy WebLinkAbout20190382 Ver 2_06 PCN_20200211W�A TF�9OG o15i� -';� 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: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 3 and 29 or General Permit (GP) number: 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): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ 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 ® No For the record only for Corps Permit: ❑ Yes ® 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. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Royal Creek 2b. County: Wake 2c. Nearest municipality / town: Raleigh 2d. Subdivision name: Royal Creek 2e. NCDOT only, T.I.P. or state project no: not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: Project area is 20 parcels and 4 owners, please see attached ownership table and maps 3b. Deed Book and Page No. 20 parcels, please see the attached parcel maps 3c. Responsible Party (for LLC if applicable): Barrett Blackburn 3d. Street address: 20 parcels, please see the attached ownership table 3e. City, state, zip: 20 parcels, please see the attached ownership table 3f. Telephone no.: 704-333-2393 3g. Fax no.: 704-333-2394 3h. Email address: bbb@cambridgeproperties.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Purchaser 4b. Name: Barrett Blackburn 4c. Business name (if applicable): Cambridge-FV, LLC 4d. Street address: 831 E Morehead Street, Suite 245 4e. City, state, zip: Charlotte NC, 28020 4f. Telephone no.: 704-333-2393 4g. Fax no.: 704-333-2394 4h. Email address: bbb@cambridgeproperties.com 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338 S. Sharon Amity Road, #411 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.: not applicable 5g. Email address: JRobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 20 parcels, Please see attached list 1 b. Site coordinates (in decimal degrees): Latitude: 35.667136 Longitude: - 78.704420 1 c. Property size: 67.7 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Mills Branch 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Upper Neuse: 03020201 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: single family residences, farm fields, recently logged areas, forested areas on site / commercial development, residential development, farm fields, single family residences, and forested areas in the project vicinity 3b. List the total estimated acreage of all existing wetlands on the property: 5.89 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1233 linear feet 3d. Explain the purpose of the proposed project: Construction of single family residences, townhome residences, apartment residences, and retail/office space. The purpose of the project is to provide needed housing opportunities as well as retail/office space. Rehabilitation of an existing dam to repair degraded conditions. 3e. Describe the overall project in detail, including the type of equipment to be used: Heavy equipment will be used for earth work for the preparation of the ground surface to reach the necessary elevations. Earth work and grading will include the preparation for street construction and building pads for residences and retail/office buildings as well as dam repair. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ®Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Jennifer Robertson Agency/Consultant Company: Atlas Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Corps has not issued the jurisdictional determination as of yet. A revised JD was submitted in July 2019. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. Enclosed is a copy of the issued 404 and 401 obtained in 2019. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No [66b. If yes, explain. N/A 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): ® 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 (if known) 2d. Forested 2e. Type of jurisdiction Corps (404, 10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total wetland impacts: 2h. Comments: There is not enough space for the wetland impacts. Please see the attached table of impacts. 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 (Corps - 404, 10 DWQ — non-404, other) 3f. Average stream width (feet) 3g . Impact length (linear feet) S1 P Culvert CH 100 INT Corps 3 82 S2 T Other (Type In) CH 100 INT Corps 3 36 S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts: 118 3i. Comments: Impact S2 (impact 10 on the impact maps) is for temporary construction access including pump around zones for S1 (impact 10 on the impacts maps) culvert installation. 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 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts: 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the 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: Page 5of10 PCN Form — Version 1.4 January 2009 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? ® Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason for impact Buffer Zone 1 Zone 2 Permanent (P) or Stream name mitigation impact impact Temporary (T) required? (square (square feet) feet B1 P SCM Construction CH 100 Yes/No 254 411 and Discharge B2 P Storm Water CH 100 Yes/No 0 405 Discharge B3 P SCM Construction CH 100 Yes/No 410 471 and Discharge B4 P Stream Crossing CH 100 Yes/No 7509 6402 B5 - Yes/No B6 - Yes/No 6h. Total buffer impacts: 8173 7689 6i. Comments: 131 is impact 1, B2 is impact 5, B3 is impact 7, and B4 is impact 10 on the enclosed impact maps. 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 engineering design of the project only requires a single stream road crossing. The permanent impacts of this road crossing have been minimized by placement within the intermittent section of stream and in a location with minimal surrounding wetlands. The stream crossing is also placed in a location with little topographical relief where side slopes will be minimal. Wetland impacts have been minimized by intentionally designing the development to avoid the largest areas of wetland as open space and only impacting areas necessary for road construction and one lot preparation. Over 93% of the stream will be avoided. Almost 94% of the wetlands have been avoided. Wetland impacts have been minimized by intentionally designing the development to avoid the largest areas of wetland as open space and only impacting areas necessary for road construction, one lot preparation, and minor parking lot fills. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques have been used to minimize and avoid impacts by the placment of roads and the steepness of the side slopes. Many of the roads and lots abut wetlands areas but do not impact wetland areas. By controling the steepness of the side slopes permanent wetland impacts have been greatly reduced. Construction of retaining walls have minimized wetland impacts. The stream culvert has been minimized to 82 linear feet of stream impact. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps ® Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation Page 6 of 10 PCN Form — Version 1.4 January 2009 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Weaver Farm, Pancho, and Half Mile for buffer credits from Restoration Systems / Pancho for wetland credits from Restoration Systems / a combination of these banks EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank. Specific bank sites that may be debited are Arrington Bridge I, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Polecat, Hannah Bridge, Meadow Spring, and Stone Creek for the remainder of the buffer credits from Resource Environmental Solutions, LLC Type: Riparian wetland Quantity 0.706 and 0.014 (2:1 ratio) 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity none Type: Choose one Quantity none 3c. Comments: please see the enclosed SOA letter from Restoration Systems 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 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. not applicable 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 ® 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 and SCM Construction 8173 3 (2 for Catawba) 24519 Zone 2 Stream Crossing and 7689 1.5 11533.5 SCM Construction 6f. Total buffer mitigation required: 36052.5 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). payment to private mitigation banks 6h. Comments: please see the enclosed SOA letters from Restoration Systems and Resource Environmental Solutions, LLC Page 7 of 10 PCN Form — Version 1.4 January 2009 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 ® 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. The stormwater plan has been submitted to the appropriate agency by Timmons ❑ Yes ® No Group 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? -60.5% % 2b. Does this project require a Stormwater Management Plan? ® 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: The stormwater management plan includes the construction of two SCM's that will discharge to CH 100 located on site. 2e. Who will be responsible for the review of the Stormwater Management Plan? Fuquay-Varina 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Fuquay-Varina ® Phase II 3b. Which of the following locally -implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® 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 Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 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 ® 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 ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® 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 ® 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. Fuquay-Varina sewer 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 ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCDENR Natural Heritage Program Map Viewer and GIS Layer; self certification for Federal T&E 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA EFH Mapper 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 ® 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? NCHPO GIS Service; see enclosed NCHPO comment letter 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: 8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer Jennifer L Robertson +,� Jf��w February 11, 2020 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Form — Version 1.4 January 2009