HomeMy WebLinkAbout20200281 Ver 2_ePCN Application_20210924DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
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?*
r Yes r No
Change only if needed.
BIMS # Assigned
20200281
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
la. Name of project:
Friendship Station Phases 5-6
la. Who is the Primary Contact?*
Jeff Harbour
1b. Primary Contact Email:*
jeff.harbour@terraGon.com
Date Submitted
9/24/2021
Nearest Body of Water
Little Beaver Creek
Basin
Cape Fear
Water Classification
WS IV, NSW
Site Coordinates
Latitude: Longitude:
35.69356-78.92424
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
2
What amout is owed?*
r $240.00
IT $570.00
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
1c. Primary Contact Phone:*
(919)805-4208
Is this a courtesy copy notification?*
r Yes r No
ID#
20200281
Pre -fling Meeting or Request Date
3/17/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
V 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:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
Version
2
52.71 KB
r 401 Water Quality Certification - E>q)ress
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
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 fJ 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:
Friendship Station Holdings, LLC
2b. Deed book and page no.:
Book 017936 Page 00545
2c.Contact Person:
Andrew Ross
r Yes r No
r Yes r No
2d.Address
Street Address
4201 TAYLOR HALL PL
Address tine 2
City
Chapel Hill
Postal / Zip Code
27517
2e. Telephone Number:
(919)703-6203
2g. Email Address:*
andrew.ross@floyddevelopment.com
3. Applicant Information (if different from owner)
3a. Name:
Patrick Adams
3b. Business Name:
M/1 Homes -Raleigh
3c.Address
Street Address
1511 Sunday Dr. STE #110
Address tine 2
CRY
Raleigh
Postal / Zip Code
27607
3d. Telephone Number:
(919)205-9980
3f. Email Address:*
Padams@MIHOMES.com
4. Agent/Consultant (if applicable)
4a. Name:
Jeff Harbour
4b. Business Name:
Terracon
4c.Address
Street Address
2401 Brentwood Road, Ste107
Address tine 2
City
Raleigh
FCstal / Zip (ode
27604
4d. Telephone Number:
(919)805-4208
4f. Email Address:*
jeff.harbour@terracon.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Apex
2. Project Identification
Slate / Rmince / legion
NC
Country
us
2f. Fax Number:
State / Rmime / legion
NC
Country
us
3e. Fax Number:
Slate / Rm we / legion
NC
Country
us
4e. Fax Number:
2a. Property Identification Number:
0720273337
2b. Property size:
44.9
2c. Project Address
Street Address
3136 Olive Farm Rd
Address Line 2
City
Apex
Postal / Zip Code
27502
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Little Beaver Creek
3b. Water Resources Classification of nearest receiving water:*
WS IV, NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020609
4. Project Description and History
State / Province / Region
NC
Cantry
US
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 property is currently undeveloped woodlands and fields that were used for agriculture. The surrounding land use is primarily residential as well as tracts of undeveloped land.
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
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2020-00386
DWR 20-0281
4f. List the total estimated acreage of all existing wetlands on the property:
approx. 8-10 most of which are in a State conservation easement
4g. List the total estimated linear feet of all existing streams on the property:
approx 1,500' most of which are in a State conservation easement
4h. Explain the purpose of the proposed project:*
The purpose of the project is to complete Phases 5 and 6 of Friendship Station. Phases 1-4 were permitted with USACE/DWR in 2019/2020 along with the Little Beaver Creek Sewer
outfall. The project has been an approved PUD by the Town of Apexfor several years. Phases 1-4 permitting was completed under a NWP with Mr. Lyle Phillips of USACE. Phases 5-6
impacts, when viewed cumulatively with Phases 1-4, remain under current NWP thresholds. Consultation with Mr. Phillips has occurred on several occasions to discuss the permitting
requirements and to obtain USACE guidance.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project entails construction of single family homes and the road and utility infrastructure. A connection to the adjacent Woodbury development is proposed and is required by the
Town of Apex The primary access to Phases 516 will be from the previously permitted Phases 1-4 and the main access Will cross Little Beaver Creek; utilizing a location where an
eAsting farm road crossing is located. No indirect are anticipated. Typical equipment will be used including graders, dump trucks, excavators, etc.
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-2017-00235
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: ESI/Terracon
Other:
C Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
November 15, 2016 (USACE review by James Lastinger)
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
6b. If yes, explain.
Phase 1-4 were permitted in 2020 along with the Little Beaver Creek sewer outfall. The impacts proposed for phases 5-6 remain under the NWP thresholds. Terracon and the engineer
have consulted with USACE on several occasions regarding this project to make sure the proper permit path is used.
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
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2at Reason (?)
2b. Impact type * (?)
2c. Type of W.
2d. W. name *
2e. Forested*
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
Road Impact 1
road crossing
P
Riverine Swamp Forest
wetland impact 1
Yes
Both
0.030
(acres)
Road Impact
fill slope for road
P
Headwater Forest
wetland impact 2
Yes
Both
0.010
Area 2
(acres)
Road Impact
road crossing culvert
P
Headwater Forest
wetland impact 3
Yes
Both
0.001
Area 4
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.041
21. Comments:
wetland impact 3 is 22 square feet (0.0005 ac)
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.041
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type*
Type of
3gSwidth *
3h. ImpactM
�[3f.
urisdiction*
length*
S1
Road Impact Area 1
P
Permanent
Culvert
Little Beaver Creek
Perennial
Both
14
40
Average (feet)
(linearfeet)
82
Road Impact Area 3
Permanent
Culvert
UT to Little Beaver Creek
Intermittent
Both
6Averdge
$S
-]
(feet)
�rfeet)
S3
Road Impact Area 4
Permanent
Culvert
UT to Little Beaver Creek
Intermittent
Both
5Average
7pi
(fee)
ear fee )
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
199
31. Total stream and ditch impacts:
199
3j. Comments:
NCSAM forms to be completed and submitted under separate cover
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project utilizes an epsting crossing over Little Beaver Creek to minimize stream impacts. Site design overall has avoided and minimized wetland
and stream impacts as much as possible. Road Impact Area 4 crosses between two wetlands resulting in only 22 square feet of impact
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Wing walls and engineered fill slopes have been designed to minimize wetland and stream impacts. All applicable ESC measures will be used
throughout the construction period.
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 W Payment to in -lieu fee r Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
3c. Comments
I am currently reaching out to banks in the area and, so far, they do not have the stream credits that we may potentially need. I have attached an SOA
from DMS in the event I ultimately cannot find a private bank.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(linear feet)
199
4d. Buffer mitigation requested (DWR only):
(squarefeet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
0.04
4g. Coastal (tidal) wetland mitigation requested:
(acres)
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.
O Yes r No
FF. 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?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
r Other SCM that removes minimum 30 % nitrogen
r Proposed project will not create concentrated stormwater flow through the buffer
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
r Phase II W NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
Apex
Comments:
.ones and Cnossen Engineers is preparing the SMP for review by the Town of Apex
G. Supplementary Information U
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 r 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
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.
There are no anticipated future impacts known at this time.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor NIA
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 C 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?
Terracon has performed surveys for Michawes sumac and none was identified. No RCW habitat is present. We do not believe Little Beaver Creek
provides suitable habitat for Atlantic pigtoe due to composition of the substrate in the location of the proposed impact.
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 map
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?*
http://gis.ncdcr.gov/hpov,eb/
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?*
Little Beaver Creek is a regulated floodway (AE).
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
nick the upload button or drag and drop files here to attach docurrent
Permit Drawings for Friendship Phases 5 & 6 and supporting documentation.pdf 11.33MB
File crust be FCF or ME
Comments
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:
Jeff Harbour
Signature
Ci�`�4'�dOei2
Date
9/24/2021