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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