HomeMy WebLinkAbout20220060 Ver 1_ePCN Application_20220110fr.,f DW R
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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#*
20220060
1
Is a payment required for this project?
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - (919) 791-4200
Colleen Cohn:eads\cmcohn
Information for Initial Review
1a. Name of project:
Comet Raleigh Apartments
la. Who is the Primary Contact?*
Camden Brunick
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
cbrunick@sandec.com (919)846-5900
Date Submitted
1/10/2022
Nearest Body of Water
Toms Creek
Basin
Neuse
Water Classification
QNSW
Site Coordinates
Latitude:
Longitude:
35.898131
-78.502767
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
10/20/2021
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:
Perry Farm LLC
2b. Deed book and page no.:
DB: 012849 DP: 01995
2c. Contact Person:
112.69KB
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d.Address
Street Address
404 Emerson Drive
Address Line 2
City
Raleigh
Postal / Zip Code
27609-4537
2e. Telephone Number:
(336)362-3070
2g. Email Address:*
scoker@cometdev.com
3. Applicant Information (if different from owner)
3a. Name:
Seth Coker
3b. Business Name:
Comet Development, LLC
3c. Address
Street Address
P.O Box 116
Address Line 2
City
Colfax
Postal / Zip Code
27235
3d. Telephone Number:
(336)362-3070
3f. Email Address:
scoker@cometdev.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. Proiect Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Wake Forest
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
U
2a. Property Identification Number:
1748724414
2b. Property size:
+/- 21.61
2c. Project Address
Street Address
8705 Louisburg Road
Address Line 2
City
Wake Forest
Postal / Zip Code
27587
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Toms Creek
3b. Water Resources Classification of nearest receiving water:*
C;NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010704
4. Project Description and History
State / Province / Region
NC
Country
USA
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 single family home and some outbuildings located in the southwestern corner of the property. Specifically,
there is one (1) wetland (W6), one (1) linear wetland (LWt ), four (4) perennial streams (SB, SC, SD & SE), one (1) intermittent stream (SE), and two (2) ponds (Pond 1 & Pond 2) located
on/near the property. General land use in the vicinity of the project consists of single family homes with maintained yards as well as forested land. Louisburg Road bounds the property to
the South. Forestville Road is located just west of the property.
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:
Approximately 0.047 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 2,125 LF
4h. Explain the purpose of the proposed project:
The purpose of this project is to construct a multi -family residential development and its necessary infrastructure.
4i. 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 multi -family residential development including but not limited to; roadway infrastructure, residential lots, SCM's, utilities, and
clubhouse/amenities. Specifically, there are two (2) road crossings that impact streams and buffers and one (1) utility crossing that impacts streams. 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-2021-02531
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company:
Other:
Soil & Environmental Consultants, PA
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
NCDWR: Site visit and determination made by Stephanie Goss on November 17, 2021 (NBRRO #21-363).
***Note that "preliminary JD" not issued to date, preliminary was checked at C5b to provide this data box for project details.***
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 v Buffers
Open Waters Pond Construction
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
name*
30. Stream Type*
3f. Type of
3g. S. width*
3h. Impact
E
Jurisdiction*
length
S7
Impact 1 - Road Crossing -
Permanent
Culvert
Stream B
Perennial
Both
140
Culvert
Average (feet)
(linear feet)
S2
Impact 1 - Road Crossing -
Permanent
Other
Stream B
Perennial
Both
4
55
RipRap(Permanent-NO
Average (feet)
(linear feet)
Permanent Loss)
S3
Impact 1 - Road Crossing
Temporary
Other
Stream B
Perennial
Both
5
21
(Temporary Construction
Average (feet)
near feet)
Access)
S4
Impact 2 - Road Crossing -
Permanent
Culvert
Stream D
Perennial
Both
57
Culvert
Average (feet)
(linear feet)
S5
Impact 2 - Road Crossing -
Permanent
Other
Stream D
Perennial
Both
7
38
RipRap (Permanent -No
Average (feet)
near feet)
Permanent Loss)
S6
Impact 2 - Road Crossing -
Temporary
Other
Stream D
Perennial
Both
3
15
Temporary Construction
Average (feet)
(linear feet)
Access
g7
Impact 3 -Utility Crossing
Temporary
Other
Stream E
Perennial
Both
16
31
Average (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
290
31. Total stream and ditch impacts:
357
3i. Total temporary stream impacts:
67
3j. Comments:
Total permanent stream impacts = 197 LF (860 SF/ 0.020 ac), Total permanent -no permanent loss stream = 93 LF (520 SF/ 0.012 ac), Total temporary
stream impacts = 67 LF (641 SF/ 0.015 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?
6C Zone 1 impact
6g. Zone 2 impact
Impact 1 - Road Crossing
P
Stream B
Yes
11,288
5,373
Impact 2 - Road Crossing
P
Stream D
No
8,090
5,097
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 19,378.00 10,470.00
Zone 1 Zone 2
Total combined buffer impacts: 19,378.00 10,470.00
61. Comments:
It should be noted that Impact 3 (utility crossing) buffer impacts are considered "deemed allowable" per the Neuse River Buffer Rules (15a ncac 02b
.0714(kk)(i)). These impacts include 1,898 SF of Zone 1 and 1,301 SF of Zone 2. It should also be noted that Impact 4 (SCM outlet) buffer impacts are
considered "deemed allowable' per the Neuse River Buffer Rules (15a ncac 02b .0714 (9)(a)(i)). This impact is total 713 SF of Zone 1 and 601 SF of
Zone 2.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed and wetland delineation and Neuse River buffer evaluation for the entire property in order to identify natural resources so that impacts
could be avoided and minimized to the maximum extent practicable. Impact 1 is proposed permanent stream and permanent buffer impacts for a road
crossing. This road crossing is necessary to provide access to the entire eastern portion of the property. A riprap dissipator that will be utilized to reduce
flow velocities and minimize stream degradation. End walls have been utilized to minimize stream impacts. A temporary diversion pump, coffer dams,
dewatering pump, and discharge hose will be utilized during construction to divert stream flows and minimize the release of sediments during
construction activities. Impact 2 is proposed permanent and temporary stream impacts and permanent buffer impacts for a road crossing. This road
crossing is necessary to connect the northern portion of the development with the southern portion. A riprap dissipator that will be utilized to reduce flow
velocities and minimize stream degradation. End walls have been utilized to minimize stream impacts. A temporary diversion pump, coffer dams,
dewatering pump, and discharge hose will be utilized during construction to divert stream flows and minimize the release of sediments during
construction activities. Impact 3 is a proposed utility crossing with temporary stream impacts. The crossing will occur perpendicular to the stream to
minimize impacts to the maximum extent practicable. Per the Neuse River buffer rules and the design of the crossing, buffer impacts are considered
"deemed allowable".
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Measures taken to avoid/minimize the proposed impacts through construction techniques include cofferdams and pump around.
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 Neuse Riparian Buffer Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian buffer 41,924
3c. Comments
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.
6c. Reason for impact
6d. Total impact (square
feet)
Multiplier
6e. Required mitigation
(square feet)
Zone 1
Impact 1 - Road Crossing
11,288
3
33,864
Zone 2 Impact 1 - Road Crossing 5,373 1.5 8,060
6f. Total buffer mitigation required
41924
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.
City of Raleigh
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
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 Comet Raleigh Apartments 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
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.
Non -discharge wastewater will be generated and treated by the City of Raleigh.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
51. 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 no elemental occurrences that are listed as federally
Threatened/Endangered within or within 1-mile of the project boundaries. References: NC Natural Heritage Program. 2021. Geographic Information
System (GIS) data. NCDNCR, Raleigh, NC. Available at http://www.ncnhp.org/. (Accessed: October 22, 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 January 5, 2021, one historic listings or study list
entries or determined eligible listings were identified within the property boundaries. This listing is the Matthew Perry house (WA1477) and was
described as a 1919 1-house. It is listed as "surveyed only" and was determined ineligible in 1999 (ER 95-9214).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplairl
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
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
PCN Attachments_ Comet Raleigh Apt.pdf 23.17MB
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 Brunick
Signature
Date
1/10/2022
U