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HomeMy WebLinkAbout20220060 Ver 1_ePCN Application_20220110fr.,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* 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