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HomeMy WebLinkAbout20211608 Ver 1_ePCN Application_20211104fr.,f 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 if needed. BIMS # Assigned* 20211608 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Austin Creek Phase 6 & 7 1a. Who is the Primary Contact?* Camden Brunick 1 b. Primary Contact Email: cbrunick@sandec.com Date Submitted 11/4/2021 Nearest Body of Water UT to Austin Creek Basin Neuse Water Classification QNSW Site Coordinates Latitude: Longitude: 35.957364 -78.468341 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 Version# * 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Colleen Cohn:eads\cmcohn 1c. Primary Contact Phone:* (919)846-5900 ID# N/A Pre -fling Meeting or Request Date 7/1 /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 Version N/A 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: Leman Carolinas, LLC 2b. Deed book and page no.: DB: 015377 DP: 02089 2c. Contact Person: Stephen Dorn 49.68KB 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d.Address Street Address 1100 Perimeter Park Drive, Suite 112 Address Line 2 City Morrisville Postal / Zip Code 27560 2e. Telephone Number: (919)465-5925 2g. Email Address:* Stephen.Dorn@Iennar.com 4. Agent/Consultant (if applicable) 4a. Name: Camden Brunick 4b. Business Name: Soil & Environmental Consultants, PA 4c.Address Street Address 8412 Falls of Neuse Road, Suite 104 Address Line 2 City Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address:* cbrunick@sandec.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Austin Creek 1c. Nearest municipality / town: Wake Forest 2. Project Identification State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (919)846-9467 2a. Property Identification Number: 2b. Property size: 1850736733 +/- 33.17 2c. Project Address Street Address Behind 2241 Longmont Drive (Austin Creek) Address Line 2 City State / Province / Region Wake Forest NC Postal / Zip Code Country 27587 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: UT to Austin Creek 3b. Water Resources Classification of nearest receiving water:* QNSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010702 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: Existing conditions onsite consists primarily of undisturbed forested land with a couple dirt road paths. Specifically, there is three (3) wetland features (W1-W3), three (3) perennial streams (SA, SB, & SC), and one (1) intermittent stream (SD) located on the property. Please see the attached wetland sketch map for exact location of each feature. General land use in the vicinity of the project is mainly forested land with residential neighborhoods. The Austin Creek subdivision is located just north of the project. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). Austin Creek Sewer Line Connector: 401 WQC issued on April 21, 2008 (DWQ #05-1480 v2). Phase 2: 404 approval issued for NWP 29 on July 14, 2014 (SAW-2011-01676), 401 WQC issued on July 29, 2014 (DWR #14-0695). Phase 3, 4 and 5a: 404 approval issued for NWP 29 and NWP 18 on July 15, 2016 (SAW-2011-01676), 401 WQC issued on June 27, 2016 (DWR #05-1480 v3). Austin Ridge Parkway Extension: 404 approval issued for NWP 14 on August 21, 2018 (SAW-2018-01379), 401 WQC issued on August 14, 2018 (DWR #18-0837) 4f. List the total estimated acreage of all existing wetlands on the property: Approximately 3,643 SF 4g. List the total estimated linear feet of all existing streams on the property: Approximately 5,358 LF 4h. Explain the purpose of the proposed project: The purpose of this project is to construct a single-family residential development and its necessary infrastructure. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The overall project consists of the construction of a single-family residential development including but not limited to; roadway infrastructure, residential lots, utilities, and SCM's. Specifically, there are two (2) road crossings that impact streams, wetlands and buffers, and two (2) greenway crossings that impact buffers. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 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: SAW-2021-01815 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Steven Ball Agency/Consultant Company: Soil & Environmental Consultants, PA Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR NCDWR: Determination made and issued by Alys Hannum on October 14, 2021 (NBRRO#21-325). USACE: Site determination made by April Norton on September 20, 2021. 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. This project has been broken into 7 phases with phases 1-5 already completed. The current phases for this application are for Phases 6 & 7. 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? It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction v 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name* 2e. Forested* Type of Jurisdicition r(11) 2g. Impact area* Impact 6A Road Crossing P Bottomland Hardwood Forest Wetland 1 Yes Both 0.041 (acres) Impact 6A Road Crossing T Bottomland Hardwood Forest Wetland 1 Yes Both 0.002 (acres) Impact 10 Greenway Crossing T Bottomland Hardwood Forest Wetland 3 Yes Both 0.009 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.011 0.041 2g. Total Wetland Impact 0.052 2i. Comments: Total permanent wetland impacts = 0.041 ac (1,780 SF); total temporary wetland impacts = 0.011 ac (465 SF). 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* ��3e. Stream Type* 3f. Type of 3g. S. width* 3h. Impact E Jurisdiction * length S7 Impact 6A-Road Crossing - Permanent Culvert Stream C Perennial Both 130 Culvert Average (feet) (linearfeet) S2 Impact 6A-Road Crossing - Permanent Other Stream C Perennial Both 4 26 RipRap Dissipator Pad Average (feet) (linearfeet) (Permanent -No Permanent Loss) S3 Impact 6A-Road Crossing - Temporary Other Stream C Perennial Both 1 55 Temporary Construction Average (feet) (linearfeet) Access S4 Impact 7-Road Crossing - Permanent Culvert Stream B Perennial Both 105 Culvert Average (feet) pinearfeeq S5 Impact 7-Road Crossing - Permanent Other Stream B Perennial Both 6 66 RipRap Dissipator Pad Average (feet) (linearfeet) (Permanent -No Permanent Loss) S6 Impact 7-Road Crossing - Temporary Other Stream B Perennial Both 75 Construction Access Average (feet) (linear feet) g7 Impact 10- Temporary Other Perennial Both 4 Greenway/Boardwalk ff Average (feet)]r(I,nearfeet) Crossing 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 327 162 31. Total stream and ditch impacts: 489 3j. Comments: Total permanent loss stream = 235 LF (1,031 SF/0.024 ac); Total permanent -no permanent loss = 92 LF (492 SF/0.011 ac); Total temporary stream = 162 LF (251 SF/0.006 ac) 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 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact 6A-Road Crossing P Stream C Yes 8,975 6,853 Impact 7-Road Crossing P Stream B No 8,565 5,921 Impact 10-Greenway Crossing P _11 Stream C No 2,255 11 1,603 Impact 11-Greenway Crossing P Stream B No 0 646 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 19,795.00 15,023.00 Zone 1 Zone 2 Total combined buffer impacts: 19,795.00 15,023.00 61. Comments: It should be noted that on the "Austin Creek Impacts" (Impact area 8 & 9) there are two (2) "deemed allowable" utility buffer impacts that are shown near Stream A. Impact Area 8 total 780 SF for Zone 1 impacts and 768 SF for Zone 2 impacts. Impact Area 9 total 346 SF for Zone 1 impacts and 825 SF for Zone 2 impacts. These are both considered "deemed allowable" impacts per the Neuse River Buffer Rules (15A NCAC 02B .0714)(11)(kk)(i). 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: S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property to identify natural resources so that impacts could be avoided and minimized to the maximum extent practicable. Impact area 6A is proposed permanent and temporary stream and wetland impacts as well as permanent riparian buffer impacts for a road crossing. This impact is necessary to connect the existing Austin Creek Phase 4 to the proposed Phase 6 development. Head walls and retaining walls have been utilized to minimize stream, wetland and riparian buffer impacts. A riprap dissipator will be utilized to reduce flow velocities and minimize stream degradation. Compensatory mitigation has been proposed for permanent wetland and stream impacts at a 2:1 ratio and buffer impacts at a 3:1 ratio for Zone 1 and 1:5:1 ratio for Zone 2 to offset permanent losses. Impact area 7 is proposed permanent and temporary stream impacts and permanent riparian buffer impacts for a road crossing. This crossing is necessary to connect the western and eastern portions (i.e. Phases 6 & 7) of the development. The crossing was strategically placed east of "wetland 2" to avoid any wetland impacts. Head walls and retaining walls have been utilized to minimize stream and riparian buffer impacts. A riprap dissipator will be utilized to reduce flow velocities and minimize stream degradation. Compensatory mitigation has been proposed for permanent stream impacts at a 2:1 ratio to offset permanent losses. Impact area 10 is proposed temporary stream and wetland impacts as well as permanent riparian buffer impacts for a greenway/boardwalk crossing. The crossing will utilize a boardwalk perpendicular to the stream to avoid stream and wetland impacts and minimize riparian buffer impacts to the maximum extent practicable. The crossing will connect to the existing greenway located just to the North. Impact area 11 is proposed permanent buffer impacts for a greenway crossing. The greenway was strategically placed to avoid Zone 1 riparian buffer impacts and minimize Zone 2 riparian buffer impacts to the maximum extent practicable. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Cofferdams and diversion channels will be used to redirect streams during initial construction of the culverts for each stream crossing. These diversion channels will be outfitted with check dams to control flow and mitigate damage to surrounding stream banks. The limits of disturbance at all areas of impact have been pulled in as far as possible to allow for constructability of utilities and stream crossings while also minimizing impacts. Silt fencing will be used at all areas of disturbance allowing for silt fence outlets to be placed every 100' and at low points to maintain positive control of all disturbed soil on site. An erosion control plan will be permitted with the town of Wake Forest showing locations of all silt fence and erosion control devices that will minimize impacts during construction to surrounding sites and onsite buffers. 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 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: EBX-Neuse I, LLC/EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank (Bucher Site & Arrington Bridge III Site) 3b. Credits Purchased/Requested (attach receipt and letter) ........................ Type: Quantity: Stream 470 Riparian wetland 0.08 U Riparian buffer 37,205 3c. Comments S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were (4) banks listed within the 03020201 HUC that had riparian wetland, riparian buffer, and stream credits available. All four (4) were contacted, one (1) had all the credits available. Attached is a Statement of Availability letter from RES for 0.08 acres of wetland, 470 LF of stream and 37,205 SF of buffer. 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 6b. If yes, then identify the square feet of impact. r7FIeason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Road Crossing 8,975 3 26,925 Zone 2 Road Crossing 6,853 1.5 10,280 6f. Total buffer mitigation required 37205 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6j. Comments: 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. Wake County Comments: G. Supplementary Information 1. Environmental Documentation u 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 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. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Austin Creek project is a residential development. Additionally, the project is located within the town of Wake Forest ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes No 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 Unknown 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? S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on October 22, 2021. The USFWS has 30 days to respond from the date of the sent request. S&EC has yet to receive a response from USFWS that they concurred with the determinations made by S&EC that the proposed actions is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report. S&EC will provide USFWS response once received if need be. 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 Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near 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?* The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on July 12, 2021, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries. 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?* INC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. 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 drag and drop files here to attach document Austin Creek Ph 6 R 7 PCN Attachments.pdf 29.25MB 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: Camden M. Brunick Signature Date 11 /4/2021