HomeMy WebLinkAbout20200504 Ver 2_ePCN Application_20211117DW 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*
Version#*
20200504
2
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 - (919) 791-4200
Colleen Cohn:eads\cmcohn
Information for Initial Review
1a. Name of project:
The Pointe at Town Center
1a. Who is the Primary Contact?*
Kevin Martin
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
kmartin@sandec.com (919)270-7941
Date Submitted
11/17/2021
Nearest Body of Water
UT to Perry Creek (Stream Index: 27-25-2(2))
Basin
Neuse
Water Classification
QNSW
Site Coordinates
Latitude:
Longitude:
35.860911
-78.573579
A. Processing Information u
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#
N/A
Pre -fling Meeting or Request Date
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
File type most 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
Please provide the date of the previous submission."
4/13/2020
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:
Triangle Town Center Holding, LLC
2b. Deed book and page no.:
DB: 017685 DP: 02207
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2c. Contact Person:
Mark Tipton
2d.Address
Street Address
2013 Rolling Rock Road
Address Line 2
City
Wake Forest
Postal / Zip Code
27587-6271
2e. Telephone Number:
(919)435-1597
2g. Email Address:*
Mark.ti pton@whistlerinvestmentgroup.com
4. Agent/Consultant (if applicable)
4a. Name:
Kevin Martin
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Nauss Road, Suite 104
Address Line 2
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
(919)270-7941
4f. Email Address:
kmartin@sandec.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Raleigh
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
2b. Property size:
1726682647
+/- 28.99
2c. Project Address
Street Address
3900 Sumner Blvd
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27616
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT to Perry Creek (Stream Index: 27-25-2(2))
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.
030202010704
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 existing conditions on the site consists primarily of heavily wooded land. There are two (2) perennial streams the bisect through the property and connect to a stormwater pond that is
adjacent to the property. One runs east -west while the other runs south -north. A non -jurisdictional drainageway that does not appear on the soil survey or usgs topo quad also runs through
and connects to the pond on the western side. The general land use in the vicinity of this project is primarily commercial and residential development. Triangle Town Center and Sumner
Blvd bounds the property to the North. Commercial development and a pond bounds the property to the West. Wooded Land and East Millbrook Middle School bounds the property to the
South. Residential properties bound the property to the East.
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:
.052 acres
4g. List the total estimated linear feet of all existing streams on the property:
8,463 linear feet
4h. Explain the purpose of the proposed project:
The purpose of this project is to construct residential development and associated infrastructure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project consists of a multi -family residential development and the construction of roadway infrastructure, utilities, multi -family lots, mailbox kiosk and Stormwater Control
Measures (SCM). Specifically, there are stream, riparian buffer and wetland impacts associated with road crossings and riparian buffer impacts associated with utilities. 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-2007-03636
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kevin Martin
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
Tasha Alexander of the USACE performed a site visit on 8/7/2018 to verify the wetland delineation, see attached email.
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?
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
2. Wetland Impacts
2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W. 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* 2g. Impact
area
u
Im act 1 Road Crossing JP
Headwater Forest W3/W4/W5/W6/W7 Yes Both 0.021
p 9
(ages)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.021
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.021
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
[3f. Type of
3gSwidth*
3h. Impact
❑
M
urisdiction*
length*
S1
Impact 1-Road Crossing
Permanent
Culvert
Stream 1
Perennial
Both
145
Average (feet)
(linear feet)
S2
Impact 1-Road Crossing
Permanent
Other
Stream 1
Perennial
Both
4
20
(RipRap) - Permanent -No
Average (feet)
(linear feet)
Permanent Loss
S3
Impact 1-Road Crossing -
Temporary
Other
Stream 1
Perennial
Both
20
Coffer Dam
Average (feet)
(linear feet)
S4
Impact 2-Road Crossing
Permanent
Culvert
Stream 2
Perennial
Both
75
Average (feet)
(linear feet)
S5
Impact 2-Road Crossing -
Temporary
Other
Stream 2
Perennial
Both
20
30
Temporary Construction
Average (feet)
(linear feet)
Access
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
240 50
31. Total stream and ditch impacts:
290
3j. Comments
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
-liImpact 1-Road Crossing
P
Stream 1
Yes
9,550
6,350
Impact 2-Road Crossing
P
Stream 2
No
7,400
5,400
Impact 3-Utility Lines
P
Stream 2
No
1,250
950
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 18,200.00 12,700.00
Zone 1 Zone 2
Total combined buffer impacts: 18,200.00 12,700.00
61. Comments:
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 in order to identify natural resources so that impacts
could be avoided & minimized to the maximum extent practicable. Impact 1 is proposed permanent and temporary wetland, stream and riparian buffer
impacts for a road crossing. This road crossing is necessary for access to the central portion of the property. Stream and riparian buffer impacts at
Impact 1 have been minimized by utilizing headwalls and a cofferdam with diversion and pump around. Impact 2 is proposed permanent stream and
riparian buffer impacts for a road crossing. The road crossing is necessary to connect the west side of the property to the east side. Arched culvert has
been utilized to minimize stream & buffer impacts. Impact 3 is proposed permanent riparian buffer impacts for an aerial sanitary sewer crossing. The
aerial crossing was proposed to avoid stream impacts. Note that temporary stream impacts will be brought back to pre -construction stream bed
elevations and the stream banks will be stabilized.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The project will require an approved Erosion & Sediment Control Plan, reviewed and approved by the City of Raleigh. Typical measures such as silt
fence, riprap outfalls, tree protection fencing, sediment basins will be required for this project. At stream crossing 1, a coffer dam with a pump around will
be utilized to dewater the stream before construction activities take place within the stream bed.
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:
North Fork Little River Nutrient Offset & Buffer Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian buffer 38,175 SF
3c. Comments
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
U
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.
r7Meason for impact
6d. Total impact (square
feet)
Multiplier
6e. Required mitigation
(square feet)
Zone 1
Road Crossing
9,550
3
28,650
Zone 2 Road Crossing 6,350 1.5 9,525
6f. Total buffer mitigation required
38,175
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
1a. 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
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Raleigh
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/statellocal) funds or the use of public (federallstate) 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 Pointe at Town Center project is a residential development. Additionally, the project is located within the City of Raleigh 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
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.
Connection to municipal 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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
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?
The NC Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within and
within 1-mile of the project boundaries. It was determined based on the search that there are one (1) elemental occurrences that are listed as federally
Threatened/Endangered within or within 1-mile of the project boundaries. This species is Michaux's Sumac (Rhus michauxii). References: NC Natural
Heritage Program. 2019. Geographic Information System (GIS) data. NCDNCR, Raleigh, NC. Available at http://www.ncnhp.org/. (Accessed: October 6,
2021).
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 October 6, 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?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer
Miscellaneous
U
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
cover letter —revised PCN_10-6-21.pdf 100.61 KB
PCN Attachments —The Pointe at Town Center.pdf 5.34MB
Photo Stream 2_May 12 2020 at spari 4.88MB
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:
Kevin Martin
Signature
S49,R-- C: w l ar
Date
11/17/2021