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HomeMy WebLinkAbout20191710 Ver 2_ePCN Application_20220127fr.,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) December 6, 2021 Ver 4.2 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#* 20191710 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: 3127 Poole Road Towns 1a. Who is the Primary Contact?* Sean Clark 1 b. Primary Contact Email: sclark@sageecological.com Date Submitted 1 /27/2022 Nearest Body of Water Crabtree Creek Basin Neuse Water Classification QNSW Site Coordinates Latitude: 35.7771 A. Processing Information County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Longitude: -78.5857 Is this project a public transportation project?* Yes No 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) 1c. Primary Contact Phone:* (919)559-1537 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 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: Southern Purchasing Group, LLC 2b. Deed book and page no.: DB 018263/PG 02435 2c. Contact Person: 2d.Address Street Address 3209 Poole Road Address Line 2 City Raleigh Postal / Zip Code 27610 2e. Telephone Number: (919)559-1537 2g. Email Address: sclark@sageecological.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA 2f. Fax Number: Yes No Yes No U 4. Agent/Consultant (if applicable) 4a. Name: Sean Clark 4b. Business Name: Sage Ecological Services, Inc. 4c.Address Street Address 3707 Swift Dr. Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)559-1537 4f. Email Address:" sclark@sageecological.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Raleigh 2. Project Identification State / Province / Region NC Country USA 4e. Fax Number 2a. Property Identification Number: 2b. Property size: 1723268892 5.672 2c. Project Address Street Address 3127 Poole Road Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27610 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Crabtree 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. 030202010804 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 site is part of a larger, 17.77-acre parcel. The project site is undeveloped and forested. The southern portion of the parcel is currently being developed. One riparian wetland and four jurisdictional streams exist on the parcel. Residential property exists to the east, west and south of the site while commercial and industrial properties exist to the north. 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). DWR #19-1710; SAW 2017-00565 (for PJD) Permit request in 2020 was below notification thresholds for USACE u 4f. List the total estimated acreage of all existing wetlands on the property: 0.07 4g. List the total estimated linear feet of all existing streams on the property: 1788 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct a residential subdivision and associated infrastructure to meet the demand for housing in this part of Wake County, NC 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" The proposed project consists of approximately 30 single-family townhome units, roadway infrastructure and necessary stormwater/diffuse flow devices. A single road crossing is proposed to access the usable upland portions of the site from the existing roadway south of the project. This crossing will result in permanent wetland, stream and riparian buffer impacts. The roadway stubs out at the eastern and western property lines as required by Wake County. Utilities for the proposed project will connect to existing utility lines adjacent to and existing on the Site. Heavy equipment typically used for residential construction (e.g. backhoes, bulldozers, etc.) will be utilized. 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-2017-00565 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Mr. Sean Clark Agency/Consultant Company: Sage Ecological Services, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A site visit was conducted on June 26, 2018, with Ms. Tasha Alexander (USAGE) and Mr. Sean Clark (Sage). 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? 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 * Impact Site 1 Road Crossing L Bottomland Hardwood Forest WA Yes Both 0.036 acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.036 21. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.036 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 (?) Jurisdiction* length* S1 Road Crossing Permanent Culvert UT to Crabtree Creek Perennial Both 14 145 Average (feet) (linear feet) S2 Rip Rap Pad Permanent Rip Rap Fill UT to Crabtree Creek Perennial Both 14 100 Average (feet) pinearfeeq S3 Road Crossing Temporary Dewatering UT to Crabtree Creek Perennial Both 14 20 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 245 20 3i. Total stream and ditch impacts: 265 3j. Comments: The riprap inlet and outlet protection of the culvert will be countersunk below the natural streambed elevation. While this is a permanent stream impact, this is not considered permanent loss. The proposed temporary dewatering impacts will be conducted concurrently while the culvert is being installed. 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 66. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Road Crossing P UT to Crabtree Creek Yes 12,042 6,271 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 61. Comments: Zone 1 Zone 2 0.00 0.00 Zone 1 Zone 2 12,042.00 6,271.00 Zone 1 Zone 2 12,042.00 6,271.00 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: Proposed road crossing is aligned to cross channel as perpendicularly as possible. Streams are not crossed multiple times by roads. Lots were positioned to avoid fill in wetlands, streams and buffers. Stormwater ouffalls were designed to minimize impacts to riparian areas. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from stormwater runoff. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing and sediment basins will also be used to prevent sediment runoff into the stream and wetland areas. 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 v 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 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (Linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) Z1: 12,042 Z2: 6,271 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 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 12,042 3 36,126 Zone 2 6,271 1.5 9,407 6f. Total buffer mitigation required 45533 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6j. Comments: There are no private mitigation banks within the HUC that have riparian buffer credits available; therefore, application was made to DMS on 1/27/22. Acceptance letter will be forwarded upon receipt. 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 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management Plan Antidegradation Calculations Comments: The stormwater management plan will be reviewed and approved by the locally delegated authority. The applicant requests the 401 Certification approval be conditioned to require the stormwater management plan be approved before any impacts may be conducted. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federallstatellocal) 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. Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative impact" since the project already in a developed landscape (i.e. existing residences and development in the vicinity) and the area already contains the necessary infrastructure (i.e. sewer, water, electricity, etc.). The project drains to Crabtree Creek, which is Class C; Nutrient Sensitive Waters (NSW), (i.e. not HQW or ORW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis 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. The subdivision will tie into existing sewer lines adjacent to the Site. 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? On December 16, 2021, we received correspondence from NC Natural Heritage Program (NCNHP). Based upon their review, no federally listed T&E species are documented on the Site or within 1.0-mile of the Site. 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 proposed project is in Wake County which is not near any coastal or tidal habitat which would support EFH (i.e., salt marshes, oyster reefs, etc.). 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?" We reviewed the NC State Historic Preservation Office (NCSHPO) database. The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site. One hundred sixteen properties are listed within 1.0 mile of the Site. 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?"` FEMA online database: panel 3720172300J, dated 5/2/2006 Miscellaneous ,v 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 3127 Poole Road Towns application supplmental documents.pdf 12.03MB 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: Nicole J Thomson Signature Date 1 /27/2022