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HomeMy WebLinkAbout20200658 Ver 2_401 Application_20210426Staff Review Form Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* 6* Yes r No ID#* Version* 2 20200658 Is this project a public transportation project?* r Yes 6* No Reviewer List:* Stephanie Goss:eads\szgoss Select Reviewing Office:* Raleigh Regional Office - (919) 791-4200 Does this project require a request for payment to be sent?* Yes r No How much is owed?* r $240.00 r $570.00 Project Submittal Form 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. Project Type:* ✓ For the Record Only (Courtesy Copy) ✓ New Project ✓ Modification/New Project with Existing ID ✓ More Information Response ✓ Other Agency Comments ✓ Pre -Application Submittal ✓ Re-Issuance\Renewal Request ✓ Stream or Buffer Appeal Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. Attach documentation of Pre -Filing Meeting Request here: DWR Pre -Filing Meeting Request Form.pdf Date for Meeting Request 3/26/2021 ID# DWR #20-0658 Project Contact Information Name: Maria Polizzi Who is submitting the inforrration? Email Address: maria@spanglerenvironmental.com Project Information Existing ID #: 200658 20170001 (no dashes) Project Name: Weaver's Ridge Is this a public transportation project? r Yes a No 51.21 KB Version 2 Existing Version: 2 Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Wake Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docurrent Weaver's Ridge PCN updated 3.25.21.pdf 345.74KB Only pdf or krrz files are accepted. Describe the attachments or comments: Updated PCN for Weaver's Ridge to permit slight adjustments to the site plan from previously approved plan. Sign and Submit .................................................................................................................................................................................................................................................................................................................................................... 17 By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: Submittal Date: Is filled in automatically. 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 la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit X Section 404 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 4139 lc. Has the NWP or GP number been verified by the Corps? ❑ Yes X No 1d. Type(s) of approval sought from the DWQ (check — Regular — Express all that apply): Jurisdictional General Permit Buffer Authorization X 401 Water Quality Certification X Non-404 ❑ 401 Water Quality Certification ❑ Riparian le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ 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 ❑ No 2. Project Information 2a. Name of project: Weaver's Ridge 2b. County: Wake 2c. Nearest municipality / town: Zebulon 2d. Subdivision name: Weaver's Ridge 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: David Berry 3b. Deed Book and Page No. 015810: 01377 3c. Responsible Party (for LLC if applicable): PRF Properties, LLC 3d. Street address: 9407 Bartons Creek Road 3e. City, state, zip: Raleigh NC 27604-3980 3f. Telephone no.: 919-604-1928 3g. Fax no.: 3h. Email address: David©futrellproperty.com 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: David Berry 4c. Business name (if applicable): PRF Properties, LLC 4d. Street address: 9407 Bartons Creek Road 4e. City, state, zip: Raleigh, NC 27615 4f. Telephone no.: 919-604-1928 4g. Fax no.: 4h. Email address: david@futrellproperty.com 5. Agent/Consultant Information (if applicable) 5a. Name: Maria Polizzi for Jim Spangler 5b. Business name (if applicable): Spangler Environmental 5c. Street address: 4338 Bland Road 5d. City, state, zip: Raleigh, NC 27615 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 la. Property identification no. (tax PIN or parcel ID): 1796673644 1 b. Site coordinates (in decimal degrees): Latitude: 35.857 Longitude: -78.337 lc. Property size: 34.53 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Beaverdam Creek 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Neuse River Basin 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: Undeveloped land, comprised of an open field and forested portions, with a pond located centrally on the property. 3b. List the total estimated acreage of all existing wetlands on the property: 1.89 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: This purpose of the proposed project is to build a collection of residential structures, primarily townhouses. 3e. Describe the overall project in detail, including the type of equipment to be used: Cut and fill techniques will be used to obtain the necessary grade for this development, followed by paving, concrete pouring and vertical construction. 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? X Yes ❑ No ❑ Unknown Comments. 4b. If the Corps made the jurisdictional determination, what type of determination was made? X Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Dalton Cook / Luke Miles Agency/Consultant Company: Spangler Environmental, Inc Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Corps was most recently on site on February 5, 2020. Additionally, a buffer determination was obtained on March 28, 2018 from NCDWR. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? X Yes ❑ No ❑Unknown 5b. If yes, explain in detail according to "help file" instructions. A 404 permit was obtained (SAW-2009-00359) on June 11, 2020, and a 401 WQC (DWR 20-0658) was obtained on July 27, 2020. 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 la. Which sections were completed below for your project (check all that apply): ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction X Wetlands 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 - 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: 0.464 2h. Comments: See attached impact table. 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: 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, 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) B1 P/T Sewer easement UT of Beaverdam Creek No 2,198.77 1,486.74 B2 P/T Sewer easement UT of Beaverdam Creek No 1,653.16 1,336.07 B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 3,851.93 2,822.81 6i. Comments: Pond A is not buffered, therefore there are no buffer impacts associated with grading in or around the pond feature. All Zone 1 buffer impacts are permanent and Zone 2 impacts are temporary. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Roadway placement has been adjusted to avoid jurisdiction features as much as practicable. Additionally, lots have been trimmed to avoid or minimize impacts to wetlands. The boardwalk has been designed to avoid permanent impacts by elevating the structure off the ground surface, allowing for hydrology, vegetation and soil conditions to be restored and/or preserved after construction. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. An erosion control plan will be implemented to ensure that sediment is being managed throughout the construction process, and that no discharges to jurisdictional features are made. Additionally, tree protection / safety fence will be used to ensure that crews can clearly see the limits of disturbance. For temporary wetland impacts, special care will be taken to prevent compaction of the soil while work is being performed. See additional details on design plans. 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? No X Yes ❑ 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? fee program Mitigation X Mitigation bank ❑ Payment to in -lieu ❑ Permittee Responsible 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Wildland Holdings 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Type: Choose one Type: Choose one Quantity: 0.928 Quantity: Quantity: 0.464 acres of impacts at 2:1 ratio 3c. Comments: 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. 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 buffer mitigation? Yes X No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 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). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 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 X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. X Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? cyo 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: Three permanent BMP's will be provided to capture stormwater for the post -construction residential development. Curbs and stormdrains will allow for water to be transported to these devices during rain events. 2e. Who will be responsible for the review of the Stormwater Management Plan? NCDEQ 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Zebulon 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes X No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes X No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? X Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? X 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 use of public (federal/state) land? ❑ Yes X No 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. 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 letter.) Comments: ❑ Yes ❑ No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑Yes X No 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 additional development, which could impact nearby downstream water quality? Yes X No 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. Sanitary sewer will be used for this project. 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 habitat? ❑ Yes X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes X No 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? NC National Heritage Program 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? This project is not located on the coast. 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? EDR Nepa 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? FEMA Flood Map Maria Polizzi for Jim Spangler Applicant/Agent's Printed Name 7� PeL b. 03-25-2021 Date Applicant/Agent's Si ature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 DWR Pre -Filing Meeting Request Form NORTH CA:iOLINA 6nvlronmerrtal Qualify Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Maria Polizzi maria@spanglerenvironmental.com PRF Properties, LLC Weaver's Ridge Wake Street Address 9407 Bartons Creek Rd Address Line 2 City State / Rovince / Region Raleigh NC Fbstal / Zip Code Country 27604 Wake Is this a transportation project?* r Yes c: No Type(s) of approval sought from the DWR: I— 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit rJ Modification I— Shoreline Stabilization Does this project have an existing project ID#?* c: Yes (' No Please list all existing project ID's associated with this projects.* DWR-20-0658 Do you know the name of the staff member you would like to request a meeting with? Stephanie Goss Please give a brief project description below.* A new sanitary sewer line and greenway are proposed for the previously permitted project, which will result in additional temporary wetland impacts, temporary Zone 2 buffer impacts, and permanent Zone 1 buffer impacts. A revised PCN and supplemental information has been provided in the attachments. Please give a couple of dates you are available for a meeting. 3/26/2021 3/31/2021 4/1/2021 4/6/2021 Please attach the documentation you would like to have the meeting about. PCN Attachments Combo.pdf Weaver's Ridge PCN updated 3.25.21.pdf pdf only 8.74MB 345.74KB By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • !also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 3/25/2021