20201842 Ver 1_ePCN Application_20210112

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
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?*
C Yes r No
Change only if needed.
BIMS # Assigned
20201842
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Central Office - [phone]
Information for Initial Review
1a. Name of project:
Cleveland Bluffs
1a. Who is the Primary Contact?*
David Syster
1b. Primary Contact Email:*
[e-mail]
Date Submitted
1/12/2021
Nearest Body of Water
Middle Creek
Basin
Neuse
Water Classification
C, NSW
Site Coordinates
Latitude: Longitude:
35.57206-78.54280
Pre -Filing Meeting Information
ID#
20201842
Pre -fling Meeting or Request Date*
12/2/2020
Attach documentation of Pre -Filing Meeting Request here:*
DWR Pre -Filing Meeting Request Form.pdf
Version#*
1
What amout is owed?*
r $240.00
r $570.00
Select Project Reviewer*
Rick Trone:eads\rvtrone
1c. Primary Contact Phone:*
[phone]
Version
1
51.78KB
A. Processing Information C^U
County (or Counties) where the project is located:
Johnston

Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
la. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
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:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
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?
W 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:
KG Plaza, LLC
2b. Deed book and page no.:
Book 04670 Page 0878
2c. Responsible party:
Jack Carlisle
2d.Address
*
r Yes r No
r Yes r No

Street Address
8620 River Road
Address Line 2
city
Wilmington
Postal / Zip Code
28412
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
David Syster
4b. Business Name:
Southern Environmental Group, Inc.
4c.Address
Street Address
5315 South College Rd
Address Line 2
Suite E
City
Wilmington
Postal / Zip Code
28412
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Cleveland Bluffs Agent Authorization Form 11-13-19.pdf
State / Rovince / Ifgion
NC
Country
USA
2f. Fax Number:
State / Rmince / Ffgion
NC
Country
USA
4e. Fax Number:
[phone]
56.71 KB
C. Project Information and Prior Project History O
1. Project Information
1b. Subdivision name:
(d appropriate)
Same
1c. Nearest municipality/ town:
Cleveland
2. Project Identification
2a. Property Identification Number:
37101-163600-44-9493, 37101-163600-63-
2b. Property size:
0003
27.24, 36.12
2c. Project Address
Street Address
2459 Cornwallis Rd
Address Line 2
City
State / province / P gion
Cary
NC
Postal / Zip Code
Country
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Middle Creek
3b. Water Resources Classification of nearest receiving water:*
C, NSW

3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010903
4. Project Description and History
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 is a subdivision currently being developed. Work started in approximately 2015-2016. The surrounding land is generally residential and agricultural.
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
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)
Cleveland Bluffs Topo Map 101519.pdf 516.35KB
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)
Cleveland Bluffs Soils Map 111319.pdf 169.71 KB
4f. List the total estimated acreage of all existing wetlands on the property:
1.25
4g. List the total estimated linear feet of all existing streams on the property:
2541
4h. Explain the purpose of the proposed project:*
The overall project purpose is to complete a residential subdivision. The proposed impacts include road crossings, dam improvements, aerial sewer crossings and stream restoration.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The majority of the work has been completed at this time. Various elements such as the stream restoration, an additional aerial sewer crossing and site stabilization will occur once
authorization has been obtained. Work will be completed utilizing heavy equipment and hand tools as necessary. Site stabilization will be emphasized during all aspects of future
construction.
4j. Please upload project drawings for the proposed project.
Permit Drawings 01-11-2021.pdf 1.75MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
A site visit by the Corps is anticipated on 1/19 or 1/20/2021. The Corps did verify that Pond 2 was
non -jurisdictional and I've included that PJD below
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-2019-0096
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: Southern Environmental Group, Inc.
Other:
5d9. Jurisdictional determination upload
SAW-2019-00964letter.pdf 1.68MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes 0 No
7b. If yes, explain.
The project is a Planned Unit Development (PUD) and the general density etc. was approved by Johnston County in approximately 2015. The subdivision is broken into several phases,
however this permit and the lots shown include all impacts, existing and future.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No, this permit wil cover all proposed activity within wetlands and waters.
D. Proposed Impacts Inventory
1. Impacts Summary

la. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries
W Open Waters W Pond Construction
2. Wetland Impacts
r Buffers
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of
Jurisdicition*(?)
Headwater Forest UT2 No Both
29. Impact
area*
1B
Road Crossing
P
0.012
(acres)
4
Road Crossing/ Dam I
P
Headwater Forest UT3 Yes Both
0.016
(acres)
5
Aerial Sewer ��T
Headwater Forest UT3 Yes Both
0.004
(acres)
6
Aerial Sewer
T
Headwater Forest UT3 Yes Both
0.021
(acres)
Aerial Sewer
T
Headwater Forest
UT3
Yes
Both
0.029
(acres)
2g. Total Temporary Wetland Impact
0.054
2g. Total Wetland Impact
0.082
2h. Comments:
Please see attached impacts maps for the location of each impact above.
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.028
F
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type *
Type of
3g. S. width*
3h. Impact
(?)
�3f.
Jurisdiction*
length*
S1
Road Crossing
9
Permanent
Culvert
UT2 - Im act 1 B
P
Perennial
Both
2
38
Average (feet)
(li �r feet)
S2
Restoration
Tem orar
P Y
Other
UT1 - Impact 3
p
Perennial
Both
2
289
Average (feet)
(linearfeet)
H
Dam Construction
Permanent
Dam construction
UT3 - Impact 4
P
Perennial
Both
4
54
Average (feet)
(lir�rfeet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
92 289
31. Total stream and ditch impacts:
381
3j. Comments:
Impact labels on the map correspond to the impact labels denoted within the "Stream Name" column.
4.Open Water Impacts
4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area
Bank Stabilization
P
Pond 1
Reshaping
_11
Pond
0.19
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.19
4h. Comments:
5. Pond or Lake Construction
4g. Total permanent open water impacts:
0.19

5a. Pond ID number 5b. Proposed use or purpose of 5c. Wetland
pond impacts
(acres)
Flooded Filled
P1 Other
P2
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
r Yes r No
If yes, permit ID no:
5i. Expected pond surface area (acres):
1.96
5k. Method of construction:
Excavation
E. Impact Justification and Mitigation
1. Avoidance and Minimization
5d. Stream Se. Upland
impacts (feet) (acres)
Excavated Flooded Filled Excavated
0.09
5j. Size of pond watershed (acres):
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Unavoidable wetland impacts were limited to the minimum extent practicable. This is evident in dam construction as the width was kept as narrow as
possible. Aerial sewer crossings were also designed to avoid any footings within wetlands or the stream bed. The project was also designed to utilize
existing road crossings to minimize impacts (the road to the amenities center and the road across the dam). While these were widened the existing
footprint was utilized.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
In order to limit secondary impacts or sedimentation in downstream waters, best management practices were utilized during road construction and
pond maintenance. This included, sediment basins, silt fence and similar practices.
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
2c. If yes, mitigation is required by (check all that apply):
W DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
W Mitigation bank r Payment to in -lieu fee W Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
RES Neu -Con Umbrella Bank - Meadow Spring
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.10
Attach Receipt and/or letter
0.09
3c. Comments
Credits have been requested and reservation letter will be forwarded upon receipt
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 including mitigation credits generated.
Applicant proposes to restore approximately 456' of t1T1 to include 289' that had previously been a tributary (now piped) and 167' that had been
impounded in a 0.29 acre shallow pond. Please see attached restoration plan.
5b. Mitigation Plan Upload
v

Cleveland Bluffs Stream Restoration Plan V1 with attachments.pdf 13.34MB
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
r Yes f No
6b. If yes, then identifythe square feet of impact.
6c. Reason for impact
6d. Total impact
(square feet)
Multiplier
6e. Required mitigation
(square feet)
Zone 1
0
0
Zone 2 0 0
6f. Total buffer mitigation required
0
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
r Yes r No
6j. Comments:
Please see Johnston County Buffer Request Package attached.
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
What type of SCM are you providing?
W Level Spreader
W Vegetated Conveyance (lower SMWT)
F Wetland Swale (higher SHWT)
r Other SCM that removes minimum 30 % nitrogen
W Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
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
W Phase II r NSW r USMP F Water Supply
Please identify which local government stormwater program you are using.
Johnston County
Comments:
The overall site received approval for a SMP from Johnston County. As each Phase or expansion is designed it is reviewed and additional approval from Johnston County is obtained.
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?*

r' Yes C 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)? *
r Yes r No
2b Provide an explanation of the violation(s):
The project was issued a Notice of Violation from NC DWR, USACE and Johnston County for impacts to streams, wetlands and buffers. This PCN has
been submitted in an effort to resolve all outstanding violations.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
31b. If you answered "no," provide a short narrative description.
The Applicant has utilized and plans to continue to utilize best management practices to avoid any secondary impacts to water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
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.
Johnston County Public Sewer
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?
USFWS IPaC
Consultation Documentation Upload
T&E Species List_ Raleigh Ecological Services Field Office 011121.pdf 151.18KB
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?*
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 status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC State Historic Preservation Office

7c. Historic or Prehistoric Information Upload
Cleveland Bluffs NC State Historic Preservation Office HWO 2 011121.pdf 4.55MB
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?*
FEMA Flood Map Service
Miscellaneous
Comments
This PCN Application has been compiled to address all items outlined in the current NOV's from the NC DWR, USACE and Johnston County. Attached to the permit application are a
number of documents that were utilized to address the items in the NOV's including the Buffer Request for Johnston County and the Stream Restoration Plan.
Additionally, LiDAR and aerial photography were utilized to help determine the previous pond edge. This images are also attached for reference.
I have also included soil a copy of the soil and erosion plan Mich depicts the lot layout and road configuration as well.
Miscellaneous attachments not previously requested.
01-Cleveland Bluffs Buffer Authorization Request_20201224 - Final.pdf
1.85MB
Cleveland Bluffs 2014 LiDAR and Current Pond Edge and Approx. Wetlands 2020 Aerial 010421.pdf
1.84MB
Cleveland Bluffs 2014 LiDAR Conditions 010421 v2.pdf
1.34MB
C00-Cleveland Bluffs —Next Phase_ CD_20201202.pdf
3.09MB
EC00-Cleveland Bluffs_Pond_ESC_CD_20201202.pdf
10.55MB
Signature
*
W By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
David A. Syster
Signature
Date
1/12/2021