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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