20151024 Ver 4_ePCN Application_20220203

fr.,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#*
20151024
4
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 - [phone]
Colleen Cohn:eads\cmcohn
Information for Initial Review
1a. Name of project:
Meriden East Chatham ( formerly Midtown cary)
la. Who is the Primary Contact?*
George Jordan III
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/3/2022
Nearest Body of Water
Walnut Creek
Basin
Neuse
Water Classification
C, NSW
Site Coordinates
Latitude: Longitude:
35.7887-78.7758
A. Processing Information
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
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.*
12/6/2019
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
39 - Commercial/Institutional 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:
BG Real Estate Ventures, LLC
2b. Deed book and page no.:
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d.Address
Street Address
2519 Wake Drive
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27608
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
Yes No
Yes No

2g. Email Address: *
[e-mail]
2a. Name(s) on recorded deed:
B3 11, LLC
2b. Deed book and page no
2c. Contact Person
Barry Jones
2d.Address
Street Address
11600 Six Forks Rd.
Address Line 2
City
Raleigh
Postal / Zip Code
27614
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kevin C Martin
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Neuse Rd., Ste 104
Address Line 2
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Cary
2. Project Identification
2a. Property Identification Number:
multiple see owner forms
2c. Project Address
Street Address
229, 231, 233, 303, 305 & 307 E. Chatham Street
Address Line 2
City
Cary
Postal / Zip Code
27511
State / Province / Region
NC
Country
USA
2f. Fax Number
State / Province / Region
NC
Country
USA
4e. Fax Number
2b. Property size:
3.64
State / Province / Region
NC
Country
USA
3. Surface Waters

3a. Name of the nearest body of water to proposed project:'
Walnut 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.
03020201
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:
Site is mostly wooded, surrounding area is developed commercial property to the west and east, single family residences and some offices to the south. Bordered by East Chatham St. on
the south, East Cedar St. 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 15-1024 V3 dated 1-17-2020, SAW 2015-02079 (copies attached along with Corps email)
4f. List the total estimated acreage of all existing wetlands on the property:
0.142
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project: *
Allow development of a mixed use project in downtown Cary. The project was previously permitted but due to the "premature" reissuance of NWP 39 the applicant will not be able to
complete work prior to expiration of the existing permit.
The Meridian East Chatham ("MEC") Project has experienced a significant delay with its financing. The project is being financed with a United States Department of Housing and Urban
Development ("HUD") insured loan. The HUD approval process has experienced delays due to the national COVID-19 pandemic. HUD typically takes 60-75 days to process the final
financing application, and those time frames are now exceeding 180 days. Our loan package was submitted to HUD in October 2021, and normally would have been processed in 60-days,
with the loan closing occurring approximately 60-days later. However, as of 1/21/22, HUD has not initiated the loan processing. HUD's online Multifamily Production Application Queue
tracking website estimates that the MEC loan processing will begin in February 2022 and is expected to take 75+/- days to complete and then an approximately 60-75 days to close the
loan, but these timeframes are subject to change.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Typical construction equipment for road and building construction, see overall site plan for more specific details like building size, location, parking.
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 2015-02079
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kevin C Martin
Agency/Consultant Company: S&EC, PA
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD issued with previous NWP 39 on 11-13-15. NWP 39 reissued 3-1-18.
A JD request was submitted to the Corps for the additional parcels on 10-22-19. No jurisdictional areas are believed to exist on these parcels,
DWR buffer letter issued 12-29-2021 NBRRO # 21- 400 (copy attached)
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?
NO
D. Proposed Impacts Inventory

1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W.
2d. W. name*
2e. Forested"
�2f. Type of Jurisdicition"
(?)
2g. Impact
area"
W1
Fill
P
Headwater Forest
W1
Yes
Both
0.022
(acres)
W2
Fill
P
Headwater Forest
W2
Yes
Both
0.006
W3
Fill
P
Headwater Forest
W3
Yes
Both
(acres)
0.004
W4
Fill
P
Headwater Forest
W4
Yes
Both
(acres)
0.038
W5
Fill
P
Headwater Forest
W5
Yes
Both
(acres)
0.040
(acres)
W6
Fill
P
Headwater Forest
W6
Yes
Both
0.031
_J
(ac es)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.141
21. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.141
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Please see attached statement from Owner and Site Planner
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Please see attached statement from Owner and Site Planner
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:
Falling Creek Stream & Wetland Mitigation bank (Wildlands holdings)
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.29
3c. Comments
The applicant has already made payment for the wetland mitigation credits required whne the previous permit was issued (copy of receipt attached)
F. Stormwater Manaaement and Diffuse Flow Plan (reauired by DWR)
u
,v
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
If no, explain why:
there are no buffered streams within or near the project area
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.
Town of Cary
Comments:
The stormwater plan will be reviewed and approved by the Town of Cary. BMP's will be subsurface sandfilters located beneath parking areas
G. Supplementary Information
1. Environmental Documentation
1a. 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 Midtown Mixed use project is a small commercial and residential development that is also urban infill
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 existing municipal sewer line located on teh project 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
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?
*Threatened/Endangered Species are located within the Cary Quad via a NC -Natural Heritage Programs Data Search,
In 2015 & 2018, the USACE formally consulted with USF&WS regarding potential impacts to long eared bat, a "not likely to affect" finding was issued
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?*
Records checks at the SHPO or the Office of State Archeology were not performed. No structures were observed during the original wetland evaluation,
the 3 new parcels have homes circa 1950's, none are identified on the NC State Historic Preservation Office HPOWEB GIS Service.
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?*
Wake county GIS
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
Better 2021.11.18 Wetland Impact Map.pdf
8.73MB
Updated SS.pdf
378.51 KB
Updated USGS.pdf
534.39KB
DWR buffer letter Midtown Mixed use Development.pdf
2.49MB
401 approval 2019 Midtown Mixed Use Development.pdf
2.83MB
B3 II, LLC - Wetlands Authorization Form.pdf
2.29MB
BG Real Estate Ventures Wetlands Authorization.pdf
218.48KB
Corps email stating 2019 permit is still valid even with chnage in plan and parcels.pdf
63.03KB
Impact Justification Letter (2019 Update) - NVP 11-12-19.pdf
87.98KB
george jordan owner cert signed.pdf
434.58KB
SAW-2015-02079 updated MRTF 02-13-2020_WEI-signed 07-09-2021.pdf
1.42MB
Corps approvalSAW-2015-02079 KM2018.pdf
471.81 KB
File must be PDF or KMZ
Comments
This project has been previously permitted and all required mitigation has been paid.
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 C Martin
Signature
0?alww
Date
2/3/2022