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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