HomeMy WebLinkAbout20211449 Ver 1_ePCN Application_20211001DWR
mrlslon 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 *
Version#*
20211449
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
r Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - (919) 791-4200
Colleen Cohn:eads\cmcohn
Information for Initial Review
la. Name of project:
Atwater Station Subdivision
la. Who is the Primary Contact?*
Troy Beasley
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
tbeasley@withersravenel.com (910)509-6512
Date Submitted
10/1/2021
Nearest Body of Water
Bass Lake/Basal Creek (Stream Index 27-43-15-3) Terrible Creek (Stream Index: 27-43-15-8-(1)
Basin
Neuse
Water Classification
B;NSW (Bass Lake/Basal Creek & Terrible Creek)
Site Coordinates
Latitude: Longitude:
35.625367-78.785616
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
Is this a courtesy copy notification?*
r Yes r No
ID#
Version
Pre -fling Meeting or Request Date
8/30/2021
Attach documentation of Pre -Filing Meeting Request here:
dick the upload button or drag and drop files here to attach document
EMAIL_PreFiling Meeting Submittal Confirmation_2021-08-30.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
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:
108.98KB
r 401 Water Quality Certification - E>q)ress
V 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 W 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:
Lynn S Mills Trustee
2b. Deed book and page no.:
011377; 00361
2c. Contact Person:
Benjamin J. Slaughter - Trustee
r Yes r No
r Yes r No
2d.Address
Street Address
85 Dexterfield Drvei
Address Une 2
City
Fuquay-Varina
Postal / Zip Code
27256
2e. Telephone Number:
(919)669-2701
2g. Email Address:*
benjaminslaughter22@gniail.com
2a. Name(s) on recorded deed:
Edythe W. Holleman
2b. Deed book and page no.:
002294;00083
2c.Contact Person:
2d.Address
Street Address
1800 Bass Lake Road
Address Line 2
City
Fuquay-Varina
Postal/Zip Code
27526
2e. Telephone Number:
(919)625-5692
2g. Email Address:*
neharrl@hotmaii.com
2a. Name(s) on recorded deed:
Edythe Holleman
2b. Deed book and page no.:
002604,00082
2c.Contact Person:
2d.Address
Street Address
1800 Bass Lake Road
Address Une 2
city
Fuquay-Varina
Postal / Zip Code
27526
2e. Telephone Number:
(919)625-5692
2g. Email Address:*
ncharrl@hotmaii.com
3. Applicant Information (if different from owner)
3a. Name:
Lawrence Lane
3b. Business Name:
Baker Residential of the Carolinas, Inc.
3c.Address
Slate / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Rmince / Region
NC
Country
USA
2f. Fax Number:
Street Address
401 Harrison Oaks Blvd
Address tine 2
Suite 140
aty
Cary
Fbstal / Zip Code
27513
3d. Telephone Number:
(919)467-2055
3f. Email Address:*
llane@bakerresidential.com
4. Agent/Consultant (if applicable)
4a. Name:
Troy Beasley
4b. Business Name:
WithersRavenel, Inc
4c.Address
Street Address
219 Station Road
Address Line 2
Suite 101
City
Wilmington
Fbstal / Zip Code
28405
4d. Telephone Number:
(910)509-6512
4f. Email Address:*
tbeasley@Wthersravenel.com
C. Project Information and Prior Project History
1. Project Information
Slate / Province / Pagion
NC
Country
USA
3e. Fax Number:
Slate / Province / Fbgion
NC
Country
USA
4e. Fax Number:
1b. Subdivision name:
ff appropriate)
1c. Nearest municipality/ town:
Fuquay-Varina
F-
2. Project Identification
2a. Property Identification Number:
0668221693; 0668238044; 0668321269;
2b. Property size:
0668339079;0668338441;0668420171
128.31
2c. Project Address
Street Address
3101 James Slaughter Road
Address Line 2
City
Slate / Province / Rion
Fuquay-Varina
NC
Fbstal / Zip Code
Country
27526
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Bass Lake/Basal Creek (Stream Index 27-43-15-3) Terrible Creek (Stream Index: 27-43-15-8-(1)
3b. Water Resources Classification of nearest receiving water:*
B;NSW (Bass Lake/Basal Creek & Terrible Creek)
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010901
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 site consists mainly of active farm fields with some woodlands. The site also contains a cell tower, two residences and farm buildings.
The general land use in the vicinity of the project consists of a mixture of agricultural and residential land uses.
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
4f. List the total estimated acreage of all existing wetlands on the property:
Wetlands - 10.06 ac; Open Waters - 8.07 ac
4g. List the total estimated linear feet of all existing streams on the property:
3,509 If
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a mixed density residential subdivision to meet the growing demand for residential housing in Fuquay Varina and Wake County.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project consists of the construction of the following:
187 single family home lots
• 238 townhome lots
Construction of infrastructure (roads, greenways, utilities, stormwater management, etc.)
The design of eastern portion of the proposed project will connect to the emsting stub at the northern terminus of White Rail Drive. This connection will provide internal access for
vehicular, pedestrian and bicycle traffic from the Whitehurst neighborhood to the future commercial areas within the Atwater Station Subdivision project, reducing traffic on James
Slaughter Road. This connection will also provide a second access within the Whitehurst neighborhood, which currently only has one access to James Slaughter Road. This connection
will improve emergency vehicle access to the Whitehurst neighborhood in the event of an emergency.
The greenway trails and sidewalks will provide internal recreation for residents to walk, jog or bike, and will extend to Bass Lake Road to provide connection for the Town of Fuquay-
Varina's future greenway trail system. The greenway trails will cross the wetlands and streams using elevated pedestrian bridges to avoid permanent wetland and stream impacts.
The proposed design for the internal roads Will result in one wetland crossing for the construction of the Whiterail Drive and Ballaster Road intersection.
Upon completion of construction the entire sewer system will be dedicated to the Town of Fuquay-Varina to become part of their public sewer system.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
r No
Comments:
WithersRavenel completed a delineation of the wetlands, streams, and riparian buffers for the
project area in April 2019. WR submitted a Preliminary JD Request was submitted to the USACE in
July 2019 requesting verification of the delineation. In an email dated 11/13/2019, James Lastinger
concurred with the delineation as submitted, and specified that the JD would be issued with the
issuance of the NWP (SAW-2019-02194). A copy of the approval email has been provided as an
attachment to this application.
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-2019-02194
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alyssa Ricci
Agency/Consultant Company: WithersRavenel
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
USACE Preliminary JD — 11/13/2019 — SAW-2019-02194
NCDWR Buffer Determination — 8/2/2019 — RRO#19-227
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
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
[Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries
r Open Waters r Pond Construction
2. Wetland Impacts
m Buffers
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.*
2d. W. name *
2e. Forested*
2f. Type of
Jurisdicition(�)]2g.
Impact
area
W1
Road Crossing 1p
Headwater Forest
Wetland A
Yes
Both
0.037
(acres)
W2
Greenway Crossing
P
Headwater Forest
Wetland B
Yes
Both
0.006
(acres)
W3
Site Fill for Pump
P
Headwater Forest
Wetland B
Yes
Both
0.054
Station
(acres)
W4
Greenway Construction
T
Headwater Forest
Wetland B
Yes
Both
0.063
(acres)
W5
Greenway Construction
T
Headwater Forest
Wetalnd C
Yes
Both
0.115
(acres)
ff____]Freenway
Construction
T
Headwater Forest
Wetland C
Yes
Both
0.061
(acres)
2g. Total Temporary Wetland Impact
0.239
2g. Total Wetland Impact
0.336
21. Comments:
See cover letter for more information on wetland impacts.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
R Neuse
r Catawba
r Goose Creek
r Other
2g. Total Permanent Wetland Impact
0.097
r Tar -Pamlico
r Randleman
r Jordan Lake
6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact
61
P
Stream 2
No
0
275
62
P
Stream 1
No
2,141
1,315
6h. Total buffer impacts:
Total Temporary impacts
Total Permanent impacts:
Total combined buffer impacts:
Zone 1 Zone 2
0.00 0.00
Zone 1 Zone 2
2,141.00 1,590.00
Zone 1 Zone 2
2,141.00 1,590.00
6i. Comments:
All proposed buffer impacts are classified as "Allowable Upon Authorization" in the Neuse River Riparian Buffer Rules Table of Uses
E. Impact Justification and Mitigation U
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be
minimized.
Proposed permanent wetland and stream impacts for construction of the subdivision and infrastructure have been minimized to only those necessary
for construction of road crossings, greenway trail and sewer pump station. There are no impacts proposed for construction of lots or stormwater
SCMs.
The connection to Whiterail Drive was designed to curve around Wetland A to minimize impacts to only 0.037 acres.
The grading impacts for the sewer pump station on Loggerhead Road have been minimized to only 0.054 ac by using 3:1 backslopes to transition fill
for the pumpstation site back to natural grade.
Wetland impacts have also been minimized through the use of elevated boardwalks for the greenway crossings within Wetland B, Wetland C and
Stream 1. Only temporary wetland impacts are necessary to construct the greenway crossings. The temporarily impacted wetlands will be restored to
natural grade and seeded with a riparian wetland seed mix.
Riparian buffer impacts have been minimized to only those necessary for the greenway crossings, which are "Allowable Upon Authorization".
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices around all disturbed areas prior
to construction. Additionally, construction access will be within uplands.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Proposed permanent wetland impacts are less than 0.10 acres and therefore the applicant is not proposing compensatory mitigation.
All proposed riparian buffer impacts are classified as "Allowable Upon Authorization" and therefore buffer mitigation is not required.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) v
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 SMNT)
17 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 15A NCAC 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 r Water Supply
Please identify which local government stormwater program you are using.
Fuquay-Varina
Comments:
The proposed stormwater management plan consists of three wet detention SCMs which Will remove a minimum of 30 % nitrogen and therefore diffuse flow is not required. The
stormwater management plan will be reviewed and approved by the Town of Fuquay-Varina as the certified local government.
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 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 f• No
3b. If you answered "no," provide a short narrative description.
The proposed project is located within a rapidly developing area of Wake County, and will not be a specific catalyst for future development that could
impact nearby downstream water quality. Additionally, the proposed project does not have any planned or anticipated future phases.
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.
Town of Fuquay-Varina sanitary 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?
WR reviewed the USFWS IPAC data, located at: https://ecos.fws.gov/ipac/, to identify the federally listed species and critical habitat known to occur
within the vicinity of the project. The IPaC identified that RCW, Neuse River waterdog, Carolina madtom, Atlantic pigtoe, dwarf wedgemussel, yellow
lance and Michawes sumac have ranges that extend into the project area. The IPaC specified that there are no critical habitats within the project area.
The IPaC species list has been provided as an attachment to this application.
WR also reviewed the NC Natural Heritage Program database, located at https:/Incnhde.natureserve.org/, as well as NCNHP GIS data to identify if
there were any known occurrences of federally listed species within or near the proposed project. The review of the NCNHP data did not identify any
recent occurrences of federally listed threatened or endangered species within or within 1 mile of the project, see attached NCNHP project review
letter dated 08/30/2021.
Site reviews did not identify any potential habitat for bald eagle or red -cockaded woodpecker. Pedestrian surveys focused along the edges of the
agricultural fields did not identify any occurrences of Michau)es sumac. There are no known occurrences of bald eagle nests within 1.0 miles of the
project area, and the pedestrian survey did not identify any nests within or adjacent to the project boundary.
The project is located in the Neuse River Basin and therefore is within the known range of the Carolina madtom, Neuse River waterdog, Atlantic
pigtoe, dwarf wedgemussel and yellow lance. The proposed project drains to both the Bass Lake/Basal Creek and Terrible Creek. There are
numerous impoundments within both Basal Creek and Terrible Creek between the project site and the larger perennial streams where potential
mussel habitat may be located. These impoundments would prevent migration of the mussel species to sustain viable populations Additionally, the
perennial streams (Streams 2, 4, 5 & 6) within the project area are small, shallow streams with lowflowMich were not considered potential habitat for
Carolina madtom, Neuse River waterdog, Atlantic pigtoe, dwarf wedgemussel and yellow lance. Therefore, WR concludes that the proposed project will
not adversely affect federally listed species or their designated critical habitat.
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?*
WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://vmw.habitat.noaa.gov/protection/efh/efhmapper/index.htmi. There are
no waters classified as EFH in Wake County.
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?*
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any
known historic or cultural resources within or in the vicinity of the proposed project. The database review identified three historic structures near the
project area along Bass Lake Road. The historic structures identified by the database include the Thomas Store (WA0594) and the Maynard House
(WA0593), both of which are listed as "Gone'.
An additional historic structure listed only as "House" (WA0592) located at 1741 Bass Lake Road. This structure is described as a circa 1925 1.5 story
side gable Pram Craftsman/Bungalow. The status is listed as "Surveyed Only" and does not have a designated local status or HD status. This structure
is located to the north of the project area, and Will be buffered from the project by the existing homes and vegetation within the outparcels between the
project and the historic structure. Therefore, the proposed project will not impact historic resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
wuwv.ncfloodmaps.com
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.
Cick the upload button or drag and drop files here to attach docurrent
PCN Cover Letter & Attachments. pdf 31.71 MB
File rrust be FTF 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:
Troy Beasley-WithersRavenel - Authorized Agent
Signature
Date
10/1 /2021
u