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