HomeMy WebLinkAbout20201238 Ver 1_401 Application_20201023DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 1, 2020 Ver 3.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned * Version#*
20201238 1
Is a payment required for this project?*
r No payment required
What amout is owed?*
r Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office *
Select Project Reviewer*
Raleigh Regional Office - (919) 791-4200
Stephanie Goss:eads\szgoss
Information for Initial Review
1a. Name of project:
Lakestone Townhomes
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
dshirley@sandec.com
Date Submitted
10/23/2020
Nearest Body of Water
Black Creek (Partins Pond, Panther Lake)
Basin
Neuse
Water Classification
B;NSW
Site Coordinates
Latitude:
35.592693
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
r Yes r No
Longitude:
-78.767276
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1c. Primary Contact Phone:*
(919)846-5900
V
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular F- 401 Water Quality Certification - E)press
r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: r- Yes r No
For the record onlyfor Corps Permit: r Yes r No
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
R Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
C & S Commercial Properties, Inc
2b. Deed book and page no.:
Book: 010623 Page: 01191
2c. Responsible party:
Perry Shelley
2d.Address
Street Address
2709 Thorngrove Court
Address Line 2
city
Fayetteville, NC
Postal / Zip Code
28303
2e. Telephone Number:
(910)864-3232
2g. Email Address:*
Perrys@c-sprop.com
State / Rovince / Ifgion
NC
Country
United States
2f. Fax Number:
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Nesue Road, Suite 104
Address Line 2
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
(919)846-5900
4f. Email Address:*
dshirley@sandec.com
Agent Authorization Letter*
Agent Auth-Perry Shelley.pdf
State / Province / F bgion
NC
Country
United States
4e. Fax Number:
(919)846-9467
282.83KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Fuquay-Varina
2. Project Identification
2a. Property Identification Number:
0667902705
2c. Project Address
Street Address
635 Lakestone Commons Ave (West of Lakestone Commons Ave)
Address tine 2
city
Fuquay-Varina
Postal / Zip Code
27526
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Black Creek (Partins Pond, Panther Lake)
3b. Water Resources Classification of nearest receiving water:*
B;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.
030202011201
4. Project Description and History
2b. Property size:
+/- 9.55
State / Province / Fa;gion
NC
Country
United States
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
Epsting conditions on the property consists primarily of forested land with some cleared areas. There is one (1) wetland (W1) on the property. W1 is located primarily on the southern
portion of the property with an wdension to the north on the eastern side of the property. Lakestone Commons Ave bounds the property to the East. General land use in the vicinity of
the project is primarily residential and commercial development.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
Corps Action ID: 200421366. NWP 39 was approved by the USACE on August 12, 2004.
Project History Upload
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)
USGS.pdf 2.06MB
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)
SS_updated.pdf 3.11 MB
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 1.942 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 915 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a multi -family residential development and its necessary infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project consists of the construction of a multi -family residential development, including but not limited to roads, residential structures, utilities, and stormwater control
measures. Specifically, there is one (1) wetland impact associated with a road crossing. Equipment typically used for construction and earthwork such as backhoes, bulldozers,
excavators, graders, pavers etc. will be utilized for this project.
4j. Please upload project drawings for the proposed project.
03-EXISTING CONDITIONS 102220.pdf
04-SITE PLAN 102220.pdf
01-WETLAND MITIGATION 102220.pdf
LAKESTONE - SWR PLAN PROF.pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2020-00253
Sc. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Steven Ball
Soil & Environmental Consultants, PA
515.71 KB
268.59KB
173.57KB
248.73KB
C Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE site visit and field determination made by James Lastinger on January 9, 2020. Riparian buffer determination was completed by Erin Deck on June 2, 2020 (NBRRO #20-136).
5d1. Jurisdictional determination upload
SAW-2020-00253 signed PJD SB.pdf 1.6MB
DWR buffer letter 0620.pdf 737.08KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r 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 projector related activity?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries ❑ Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested* F2fTpe ofdicition*(?) area*
-A
Im act 1 Road Crossing P Headwater Forest W1 Yes Both
9 0.039
P
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.039
2h. Comments:
2g. Total Permanent Wetland Impact
0.039
E. Impact Justification and Mitigation U
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts
could be avoided and minimized to the maximum extent practicable. Impact 1 is a proposed permanent wetland impacts for a road crossing. This road
crossing is necessary to provide an access drive connecting to Lakestone Commons Avenue. The road crossing location has been designed at the
northern portion of the wetland and with a reinforced concrete headwall to minimize wetland impacts. A stormwater velocity dissipator pad has been
added to assist in minimizing erosion. A sanitary sewer line has been designed to cross perpendicular to the wetland and by utilizing the bore and jack
construction method therefore avoiding direct impacts to the wetland.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The sanitary sewer line to serve the site will be constructed via bore and jack under the wetland. There will be no disturbance of the wetland during
the boring operation. The Town of Fuquay-Varina will be reviewing an Erosion & Sediment Control Plan to ensure sediment stays onsite and does not
inadvertently impact wetlands and 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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
There are no stream impacts requested and permanent loss wetland impacts are less than 0.10 acre. Impacts have been avoided to the maximum extent practicable. Therefore
compensatory mitigation in the form of mitigation payment has not been proposed.
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?
r Yes r No
If no, explain why:
There are no riparian buffers within the project boundaries.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r 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?
r Yes r No
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
V Phase II r NSW r USMP r" Water Supply
Please identify which local government stormwater program you are using.
Town of Fuquay-Varina
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
C Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Lakestone Townhomes project is a residential development. Additionally, the project is located within the Town of
Fuquay-Varina ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream
waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area,
in addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater
Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction
stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor 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.
The project will connect to the Town's sewer system. The treatment will be at an off -site municipal treatment plant with additional capacity for the
project.
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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
51. 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.?
r Yes r 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 Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within and
within 1-mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally
Threatened/Endangered within or within 1-mile of the project boundaries. References: NC Natural Heritage Program. 2020. Geographic Information
System (GIS) data. NCDNCR, Raleigh, NC. Available at http://wmw.nenhp.org/. (Accessed: October 5, 2020).
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes
r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on September 8, 2020, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes
r No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
02-DRAINAGE-MAP-102220.pdf 241.42KB
Signature
W By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Deborah E. Shirley
Signature
�ixfmta�f Cf C�r 199j
Date
10/23/2020
Environmental Consultants,
8-112 Falk or NcUse Raid, Suits 104, Raleigh, NC 27615 • Phone: O N) 846-5910 • 1'os: OW) 846-9447
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Lakestone
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 29403
Attn: Field Office:
S&.EC Project 9 13984
1, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions.This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN):
Site Address:
City, County, State:
PROPERTY OWNER INFORMATION:
Name: C d S cc, _1 ej-11111-C c
Mailing Address: _ �_7.0 � > ,`zy,' n s P ocJ�
Telephone Number: c7z� — V 3 _� 3 Z
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Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
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