20211564 Ver 1_ePCN Application_20211028

DW R
mrlsloa of ware. Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only,f needed.
BIMS # Assigned*
Version#*
20211564
1
Is a payment required for this project?
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - [phone]
Colleen Cohn:eads\cmcohn
Information for Initial Review
1a. Name of project:
Sunnybrook Apartments
1a. Who is the Primary Contact?*
Emma Radford, WPIT
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
Emma. [e-mail] [phone]
Date Submitted
10/28/2021
Nearest Body of Water
Walnut Creek
Basin
Neuse
Water Classification
C; NSW
Site Coordinates
Latitude:
Longitude:
35.748982
-78.584173
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
Yes No

ID#
Version
Pre -fling Meeting or Request Date
8/16/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type must be PDF
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
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 DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?"
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?"
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
The Halle Companies (Under Contract to Purchase Properties)
2b. Deed book and page no.:
50.98KB
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2c. Contact Person:
Mr. Eric Rifkin

2d.Address
Street Address
56 Hunter Street, Suite 110
Address Line 2
City
Apex
Postal / Zip Code
27502
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Emma Radford, WPIT
4b. Business Name:
Kimley-Horn
4c. Address
Street Address
421 Fayetteville St., Suite 600
Address Line 2
City
Raleigh
Postal / Zip Code
27601
4d. Telephone Number:
[phone]
4f. Email Address:*
Emma. [e-mail]
C. Project Information and Prior Project History
1. Project Information
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
4e. Fax Number:
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Raleigh
2. Project Identification
2a. Property Identification Number: 2b. Property size:
1722373788;1722361963 32.4
2c. Project Address
Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Walnut Creek
3b. Water Resources Classification of nearest receiving water:*
C; NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011101
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 is bounded by forestland and maintained fields to the north and east, Rock Quarry Road to the south, and Sunnybrook Road to the west. Land use within the project
parcels consists of maintained/disturbed fields in the southern portion of the project area and mixed hardwood/pine forest in the northern portion of the project area. Land use in the vicinity
of the project is generally composed of suburban single-family residential housing interspersed with pockets of undeveloped forestland, as well as commercial and recreation
developments. A gravel lot used for event parking by Coastal Credit Union Music Park at Walnut Creek is located east of the project area.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.36
4g. List the total estimated linear feet of all existing streams on the property:
981
4h. Explain the purpose of the proposed project:*
The proposed project would construct a multi -family residential development located north of Rock Quarry Road and east of Sunnybrook Road in Raleigh, NC.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project would involve the construction of a multi -family residential development that will include approximately 316 units across multiple buildings. Various amenities such as
a clubhouse and pool are also included as a part of the proposed site plan. Access is proposed to be provided by a driveway along Rock Quarry Road and two driveways along
Sunnybrook Road, as well as interior roadways and walking paths. Typical site development and structural construction equipment will be utilized including dump trucks, graders,
bulldozers, cranes, asphalt pavers, excavators, and concrete trucks.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
An Approved/ Preliminary Jurisdictional Determination (SAW-2021-00812) was issued by Lyle Phillips
of the USACE on July 8, 2021. A Buffer Determination (NBRRO #21-125) was issued by Andy Kiley
of NCDWR on June 2, 2021.
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Emma Radford, WPIT and Mackenzie Richards, PWS
Agency/Consultant Company: Kimley-Horn
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
An Approved/ Preliminary Jurisdictional Determination (SAW-2021-00812) was issued by Lyle Phillips of the USACE on July 8, 2021. A Buffer Determination (NBRRO #21-125) was issued
by Andy Kiley of NCDWR on June 2, 2021.
6. Future Project Plans
6a. Is this a phased project?*
Yes 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?
D. Proposed Impacts Inventory u
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
Reason (?)
2b. Impact type*(?)
2c. Type of W.
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition *
(?)
2g• Impact
area *
Site 1
Fill/Grading
P
Headwater Forest
t
Yes
Corps
0.150
(acres)

2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.150
2g. Total Wetland Impact
0.150
21. Comments:
Unavoidable permanent impacts to wetland W3 will result from the project. At Site 1, permanent impacts to wetland W3 will result from the necessary fill
required to level the site for internal roads, parking lots and amenities, and the fillslope necessary for the proposed stormwater treatment pond.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name 11
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Site 2 - Grading and Revegetating
P
Stream S2 - UT to Walnut Creek
No
0
306
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1
Zone 2
Total Permanent impacts: 0.00
306.00
Zone 1
Zone 2
Total combined buffer impacts: 0.00
306.00
61. Comments:
Unavoidable permanent impacts to the protected riparian buffer associated with stream S2 (UT to Walnut Creek) will result from the necessary grading
and revegetating required to construct a stormwater pond associated with the multi -family residential development.
Riparian buffer impacts resulting from grading and revegetation are "Deemed Allowable' in Buffer Zone 2 per the Neuse Basin Buffer Rules Table of
Uses.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to the wetlands, streams, and riparian buffers within the project area were avoided and minimized to the extent practical. The proposed multi-
family development has been intentionally located the reduce the amount of impacts proposed to wetland W3, and away from stream S2 in order to
avoid unnecessary impacts to stream s2 and the associated riparian buffer zones. Grading was designed and tightened to the extent feasible to
minimize the proposed impacts to wetlands and riparian buffers within the project study area. Additionally, the SCM was designed and aligned outside of
jurisdictional features and buffer zone 1.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to the jurisdictional features within the project area will be minimized and avoided to the extent practical throughout the construction process.
Where feasible, staging and construction access routes will be located in upland areas throughout the project area. Silt fencing will be installed around
the construction site to help ensure that all construction equipment will remain within the permitted limits of disturbance throughout the construction
process. Temporary erosion and sediment control measures will be used to reduce construction stormwater impacts to receiving waters and minimize
runoff from the construction site.
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?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
U
3. Complete if Using a Mitigation Bank

3a. Name of Mitigation Bank:
WLS Neuse 01 Umbrella Mitigation Bank (Water & Land Solutions, LLC)
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.30 acres
3c. Comments
The project proposes to purchase compensatory mitigation credits at a 2:1 ratio for the 0.15 acre of unavoidable impacts to wetland W3. To offset these
losses, wetland credits have been reserved through payment to the Water and Land Solutions Neuse 01 Umbrella Mitigation Bank (Water & Land
Solutions, LLC). The Statement of Availability from the mitigation bank has been included as part of this application.
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.
Yes No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
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?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes 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?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phasell NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Raleigh
Comments:
Stormwater captured on site will be diverted into two stormwater treatment ponds via an underground stormwater pipe network. The stormwater ponds have been sized to treat the
impervious area of the proposed site. See Preliminary Grading and Drainage Plan for details.
Stormwater from the site will be collected and treated in the proposed SCMs and discharged offsite. Stormwater approval documentation will be obtained and submitted to City of Raleigh
prior to construction initiation within the Site
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?*
Yes 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)?*
Yes No
U
3. Cumulative Impacts (DWR Requirement)

3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed development is a single and complete project and no additional or cumulative impacts are anticipated due to the construction of the
proposed project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
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.
The proposed development will be serviced by a gravity fed sanitary sewer system that will tie into the existing City of Raleigh sewer line along
Sunnybrook Road. See Preliminary Utility Plan for details. Sewer connection approval will be obtained from the City of Raleigh prior to site construction.
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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. 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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
As of September 8, 2021, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists five federally listed
species that are known to occur within the project vicinity. Kimley-Horn reviewed the NC Natural Heritage Program (NCNHP) element occurrence
database (updated October 2021) to determine if there are any known occurrences of federally listed species in the project area or project vicinity. A
review of the NCNHP database indicates there are no known occurrences of any federally protected species in or within 1.0 mile of the project study
area.
Suitable habitat for red -cockaded woodpecker is not present in or within the vicinity of the project study area. Forested areas within the project study
area, mostly comprised of hardwoods and immature pines, have a dense understory with a closed canopy, and are disturbed along the perimeters.
Suitable habitat for Michaux's sumac is not present along the roadsides and forest edges within the project study area. Although these areas provide
potentially suitable habitat, the regular mowing maintenance schedule and herbicide application within these areas would likely inhibit the plant's
success.
Suitable habitat for the dwarf wedgemussel, Carolina madtom, and the Neuse River waterdog is not present within the project study area due to the lack
of well -oxygenated streams with stable banks. Additionally, the project does not anticipate any impacts to streams.
Due to the lack of known occurrences within the project vicinity, the lack of suitable habitat within the project area, and the lack of anticipated impacts to
streams, the proposed project is not anticipated to have any effect on any federally listed threatened or endangered species.
Additionally, the USFWS IPaC tool lists one proposed species known to occur within the project vicinity: the Atlantic pigtoe is listed as Proposed
Threatened. A review of the NCNHP database (updated October 2021) revealed one historical occurrence (1951) of the Atlantic Pigtoe, a Proposed
Threatened species, within a 1.0-mile radius of the project study area. Section 7 consultation is not required for species that are proposed for listing.
However, if this species becomes listed prior to construction of the project, it is anticipated that the project would have "No Effect" on this species due to
the lack of impacts to streams within the project area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Essential Fish Habitat Mapper was reviewed on August 18, 2021. No essential fish habitat was identified within the project area or within the
vicinity of the project
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?*
Yes No

7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A review of the State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database performed on August 18, 2021 identified no national
register, study list, or determined eligible sites in or within 1.0 mile of the project study area.
Three historical and cultural resources currently listed as "Survey Only" and "Survey Only, Gone" were found within 1.0-mile of the Site. Due to the listing
status of'Survey Only', these resources do not currently receive protection under the National Historic Preservation Act. If the listing status changes to
NR, SL, or DOE prior to construction, the potential for impacts to these resources may need to be re-evaluated; however, due to the distance from the
Site and the existing uses within the vicinity of the Site, it is assumed that the proposed project will have no effect on these 'Survey Only' resources.
Due to the lack of known historical and cultural resources within the project area, it is anticipated that the project will have no effect on any historic or
archaeological resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes
No
8c. What source(s) did you use to make the floodplain determination?*
The FEMA Digital Flood Insurance Map (DFIRM) Panel 3720172200J (effective May 2, 2006) was accessed on August 18, 2021. FEMA-regulated
floodways, 1 % annual chance flood hazard areas, and 0.2 % annual chance flood hazard areas are not present within the project corridor.
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.
Click the upload button or dreg and drop files here to attach document
01_Sunnybrook PCN Cover Letter.pdf
538.82KB
03_Sunnybrook_Agent_Authorization (SIGNED).pdf
278.56KB
04_Sunnybrook_Figures.pdf
5.67MB
06_NCDWR Buffer Determination Letter 20210603.pdf
2.94MB
07_SAW-2021-00812_USACE_Jurisdictional Determination.pdf
8.47KB
08_PermitDrawings_Sunnybrook.pdf
5.32MB
09_2021-10-12 The Villages at Sunnybrook Plans.pdf
35.33MB
File must be PDF or KMZ
Comments
Signature
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:
Emma Radford, WPIT
Signature
Date
10/28/2021