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HomeMy WebLinkAbout20201964 Ver 1_401 Application_20210803Staff Review Does this application have all the attachments needed to accept it into the review process?* r Yes r No ID#* 20201964 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Colleen Cohn:eads\cmcohn Select Reviewing Office:* Raleigh Regional Office - (919) 791-4200 Submittal Type:* 401 Application Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 owed?* 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: * r For the Record Only (Courtesy Copy) r New Project r Modification/New Project with Existing ID r More Information Response r Other Agency Comments r Pre -Application Submittal r Re-Issuance\Renewal Request r 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.pdf Date for Meeting Request 12/15/2020 I D# Project Contact Information Name: Lisa Long who is submitting the information? Email Address: lisa@spanglerenvironmental.com Project Information Project Name: Apollo Is this a public transportation project? r Yes r No Version 51.16KB 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. Oickthe upload button or drag and drop files here to attach document PCN - Apollo 8.3.21.pdf 2.95MB Only pdf or Iv17 files are accepted. Describe the attachments or comments: PCN application Sign and Submit P 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'); ■ 1 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 autorratically. O '1411::� ^Y 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: 18 &43 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X 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 ❑ 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. ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In 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: Apollo 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: APOLLO USA LLC 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 101 LATTNER CT STE 100 3e. City, state, zip: Morrisville, NC 27560-9584 3f. Telephone no.: 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: Stephen Dorn 4c. Business name (if applicable): Lennar Corporation 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Lisa Long for Jim Spangler 5b. Business name (if applicable): Spangler Environmental 5c. Street address: 4338 Bland Rd. 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: 919-875-4288 5f. Fax no.: 5g. Email address: lisa@spanglerenvironmental.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 b. Site coordinates (in decimal degrees): Latitude: 35.827 Longitude:-78.878 1 c. Property size: 29.48 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Morris Branch 2b. Water Quality Classification of nearest receiving water: WS-IV;NSW 2c. River basin: Cape Fear 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: The site is located off of HWY 55 and primarily wooded with several residences on property. A self -storage facility is located directly across the street. 3b. List the total estimated acreage of all existing wetlands on the property: 1,244 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0.9 3d. Explain the purpose of the proposed project: Residential development 3e. Describe the overall project in detail, including the type of equipment to be used: Bulldozers, excavators, motor graders, off -road trucks, rollers, etc. will be used to clear and grade the site before individual residences are constructed. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / roject includin all rior hases in the ast? ❑X Yes ❑ No ❑ Unknown Comments: Corps AJD &Town of Cary Buffer Determination 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Spangler Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. James Lastinger issued an AJD on 8/18/2020 and Eric Kulz issued a buffer determination on 11/8/2019. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 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): ❑X Wetlands ❑X 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 P Fill Bottomland Hardwood Forest Yes Corps 0.45 W2 T Land Clearing Bottomland Hardwood Forest Yes Corps 0.01 W3 T Land Clearing Bottomland Hardwood Forest Yes Corps 0.02 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: Impacts for a road crossing which will provide access to Hwy 55. 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 P Fill S1 INT Corps 5 252 S2 P Fill S1 INT Corps 6 135 S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 2,072 3i. Comments: S1 impacts are due to residential construction under NWP 29 & S2 impacts are due to stormwater management device construction under NWP 18. Total impacts are in sq. ft. 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 indivi ually 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: 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: 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. 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 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6I. Comments: Buffer impacts will be permitted through the Town of Cary 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. During the design phase of the project, measures were taken to minimize stream, wetland, and buffer impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Sediment and erosion control measures will be implemented in order to control runoff and other discharges from activities to be conducted in fill areas. 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? ❑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 Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: All banks in HUC have been contacted. Applicant is awaiting replies. 3b. Credits Purchased (attach receipt and letter) Type: Non -riparian wetland Type: Choose one Type: Choose one Quantity: 0.45 acres Quantity: Quantity: 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 ❑ 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 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 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑X Yes ❑ No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 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: 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 localgovernment's jurisdiction is thisproject? Town of Cary 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 ❑ 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 ❑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 ❑X 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. to This project will connect the Town of Cary municipal sewage system. 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 ❑X 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? NCNHP and an on -site threatened and endangered species evaluation. 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? NOAA Essential Fish Habitat 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 ❑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? EDR NEPA report, historical aerial photographs and cemetery census records. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA Online Flood Map Service Center Lisa Long (for Jim Spangler) 8/3/2021 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 1181HX3 S1JVdWI N3=une C1.�I )NVACIV NVNNN31 g a a B = 0-1-I `SVNI-IONVO xb E _ (6999-d(3-I,Z) SNVld1N3WdOl3A30 6 99 OIIOdV ,. MATCHLINE - SEE SHEET 1 LL a a L------------------------------ i10-3N113M = ry / Z.I < I n I� s s LT Z TT- I� "8ws ol - ` I I E LT—w� X zn Fla b I I I 1 1 a E I 1 1 I I > o f 133M1S ¢ l k It WA — — �ZA3lltl I I / j% — b133b1S I �. = o wm oo_ o_ o I �-1 - � o, �„ I—— ....,..... -,.. .. -, —,\, IISIHX3 S1JtldWl N3ddf18 HI. NVNNN310�� `SVNI-IONVO bE _ (6999-d0-LZ) SNVldlN3WdOl3A30699 011odv UGH NQUe�\� U a ct 9 - \ yv� MATCHLINE- SEESHEETI z.q �-1 wo<< , , - a o, �nr «) woI., ­ ..,a......—. .. --,\.o _~~~ ~.~°~I.,~.- ° ....... _~..... ~. ,~, ~ ID#* 20201964 Version* 1 Regional Office * Raleigh Regional Office - (919) 791-4200 Reviewer List* Stephanie Goss Pre -Filing Meeting Request submitted 12/15/2020 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Maria Polite (Spangler Environmental) maria@spanglerenvironmental.com Apollo Lennar Wake Owner Address: Street Address 1100 Perimeter Park Drive, Suite 112 Address Line 2 aty State / Rovince / Region Morrisville NC Fbstal / Zip axle Country 27560 Wake Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: * 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express * Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below.* Proposed residential development in Cary off of HWY 55. Please give a couple of dates you are available for a meeting. 12/17/2020 1 /5/2021 Please attach the documentation you would like to have the meeting about. pdf only 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. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 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 12/15/2020