HomeMy WebLinkAbout20220212 Ver 1_ePCN Application_20220204DW 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#*
20220212
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:
Solana
1a. Who is the Primary Contact?*
Deborah Shirley
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
dshirley@sandec.com (919)846-5900
Date Submitted
2/4/2022
Nearest Body of Water
Martin Creek (Martin Branch)
Basin
Neuse
Water Classification
WS-IV:NSW
Site Coordinates
Latitude:
Longitude:
35.959690
-78.769504
A. Processing Information
County (or Counties) where the project is located:
Durham
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# Version
N/A N/A
Pre -fling Meeting or Request Date
8/19/2021
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
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: 29 - Residential Developments
Nationwide Permit (NWP) Number: 14 - Linear transportation
Nationwide Permit (NWP) Number: 58 - Utility Line Activities for Water and Other Substances (frequently used)
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
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:
J Paliouras LLC
2b. Deed book and page no.:
DB:008526 DP:000597
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2c. Contact Person:
James Paliouras
2d.Address
Street Address
303 Wesley Dr
Address Line 2
City
State / Province / Region
Chapel Hill
NC
Postal / Zip Code
Country
27516
USA
2e. Telephone Number:
2f. Fax Number:
(919)942-5356
2g. Email Address:*
robert.rudloff@pultegroup.com
2a. Name(s) on recorded deed:
CEN Durham Land LLC/Nichols Family Holdings LLC
2b. Deed book and page no.:
DB: 007461 DP: 000707
2c. Contact Person:
Charles Nichols
2d.Address
Street Address
16 West Martin Street, Suite 701
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27601
USA
2e. Telephone Number:
2f. Fax Number:
(919)334-2185
2g. Email Address:*
robert.rudloff@pultegroup.com
3. Applicant Information (if different from owner)
3a. Name:
Chris Raughley
3b. Business Name:
Pulte Home Company, LLC
3c.Address
Street Address
1225 Crescent Green Square, Suite 250
Address Line 2
City
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27518
USA
3d. Telephone Number:
3e. Fax Number:
(919)334-2185
3f. Email Address:*
robert.rudloff@pultegroup.com
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
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:*
dshirley@sandec.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
Durham
2. Project Identification
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
0860-84-52-7778 & 0860-64-39-6981 +/- 258.06 plus offsite easements
2c. Project Address
Street Address
1101 & 1051 Olive Branch Road
Address Line 2
City State / Province / Region
Durham NC
Postal / Zip Code Country
27703 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Martin Creek (Martin Branch)
3b. Water Resources Classification of nearest receiving water:
WS-IV;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.
030202010502
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: *
1101 Olive Branch Road (Eastern Parcel):
Existing conditions onsite consists primarily of forested land with some dirt paths throughout the property. Specifically, there are six (6) wetland features (W1-W6), three (3) open water
features, five (5) intermittent streams (SC1, SF, SI, SL and SM), one (1) perennial stream (SD/Martin Creek), and four (4) streams that alternate from intermittent to perennial throughout
their extent (SC, SE, SG and SJ). It should be noted that'Pond 1' was considered Non -Jurisdictional, Pond in uplands. The additional open water features are beaver impoundments.
Please see attached wetland sketch map for exact locations of each feature. General land use in the vicinity of the project consists primarily of forested land with some rural single-family
residential houses. Virgil Road is located just to the east of the project and Olive Branch Road is located to the west.
1051 Olive Branch Road (Western Parcel):
Existing conditions onsite consists primarily of forested land. Specifically, there are ten (10) intermittent stream features (SB-SJ), one (1) perennial stream (SA), and two (2) wetland
features (W1 & W2). Please see attached wetland sketch map for exact locations of each feature. General land use in the vicinity of the project consists primarily of forested land with
some rural single-family residential houses.
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 7.34 ac
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 8,962 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a mixed use single-family and multi -family residential development and its necessary infrastructure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The overall project involves the construction of a mixed use single-family and multi -family residential development including but not limited to; roadway infrastructure, residential lots,
utilities, SCM's, and other amenities. Specifically, there are nine (9) utility crossings that impact buffers, streams, and wetlands, five (5) road crossings that impact buffers, streams, and
wetlands, and three (3) SCMs (storm pipes) that impact 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-2019-01458
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil R 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
1101 Olive Branch Road (Eastern Parcel):
NCDWR: Site visit and field determination made by Erin Deck on April 8, 2019 (NBRRO #19-073).
USACE: Site visit with Josh Deal on September 19, 2019.
1051 Olive Branch Road (Western Parcel):
NCDWR: Site visit and field determination made by Erin Deck on December 10, 2020 (NBRRO #19-429v2).
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
There is only construction phasing within the existing property boundaries.
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 M
2b. Impact type* M
2c. Type of W.
2d. W. name*
2e. Forested* ��"f
Type ofJurisdicition
)
2g.Impact
area*
Impact 1A
Utility Crossing
P
Bottomland Hardwood Forest
W2
Yes
Both
0.016
(Permanent -No
(acres)
Permanent Loss)
Impact 1B
Utility Crossing
P
Bottomland Hardwood Forest
W2
Yes
Both
0.103
(Permanent -No
(acres)
Permanent Loss)
Impact 8
Road Crossing
P
Bottomland Hardwood Forest
W4
I
Yes
Both
]
0.088
(acres)
Impact 8
Road Crossing
T
Bottomland Hardwood Forest
W4
Yes
Both
0.040
(acres)
Impact 9
Utility Crossing
(Permanent -No
Permanent Loss)
P
Bottomland Hardwood Forest
W4
Yes
Both
0.034
(acres)
Impact 11A
Utility Crossing
(Permanent -No
Permanent Loss)
P
Bottomland Hardwood Forest
W4
Yes
Both
0.066
(acres)
29. Total Temporary Wetland Impact
0.040
2g. Total Wetland Impact
0.347
29. Total Permanent Wetland Impact
0.307
21. Comments:
Total permanent wetland loss = 3,827 SF (0.088 ac); total permanent -no permanent loss = 9,532 SF (0.219 ac), total temporary = 1,752 SF (0.040 ac)
3. Stream Impacts
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
Impact 2 - Road Crossing -
Permanent
Culvert
Stream J
Intermittent
Both
137
Culvert
Average (feet)
(linearfeet)
S2
Impact 2 - Road Crossing -
Temporary
Other
Stream J
Intermittent
Both
4
4
Temporary Construction
Average (feet)
linearfeet)
Access
S3
Impact 3A - Underground
Permanent
Other
Stream I
Intermittent
Both
24
Storm Pipe
Average (feet)
linear feet)
S4
Impact 3A - Underground
Temporary
Other
Stream I
Both
2
5
Storm Pipe - Temporary
Average (feet)
(linear feet)
Construction Access
S5
Impact 3B - Utility Crossing
Permanent
Other
Stream I
Both
55
Average (feet)
(linearfeet)
S6
Impact 313 - Utility Crossing
Permanent
Other
Stream I
Both
3
15
(Permanent -No Permanent
Average (feet)
(linearfeet)
Loss)
g7
Impact 313 - Utility Crossing -
Temporary
Other
Stream I
Intermittent
Both
3
3
Temporary Construction
Average (feet)
linearfeet)
Access
S8
Impact 4A - Road Crossing
Permanent
Other
Stream C1
Intermittent
Both
98
Average (feet)
pinear feet)
gg
Impact 4B-Underground
Permanent
Other
Stream C1
Intermittent
Both
2
15
Storm Pipe
Average (feet)
linear feet)
Fol
Impact 4C - Utility Crossing
Permanent
Other
Stream C1
ntermittent
Both
38
Average (feet)
(linearfeet)
S71
Impact 4C - Utility Crossing -
Temporary
Other
Stream C1
Intermittent
Both
3
5
Temporary Construction
Average (feet)
linearfeet)
Access
F2]�Imlpact
5 - Road Crossing -
Permanent
Culvert
Stream C
Intermittent
Both
99
Culvert
Average (feet)
pinear feet)
S13
Impact 5 - Road Crossing
Permanent
Other
Stream C
ntermittent
Both
4
18
(Permanent -No Permanent
Average (feet)
(linearfeet)
Loss)- Riprap
S14
Impact 5 - Road Crossing -
Temporary
Other
Stream C
Intermittent
Both
6
11
Temporary Construction
Average (feet)
(linearfeet)
Access
S15
Impact 6A - Underground
Permanent
Other
Stream L
Intermittent
Both
58
Storm Pipe
Average (feet)
(linear feet)
S16
Impact 6A- Underground
Temporary
Other
Stream L
Intermittent
Both
4
13
Storm Pipe - Temporary
Average (feet)
linear feet)
Construction Access
�17�lmlpact
613 - Utility Crossing
Permanent
Other
Stream L
Intermittent
Both
2
4
Average (feet)
(linearfeet)
S18
Impact 613 - Utility Crossing
Permanent
Other
Stream L
Intermittent
Both
2
8
(Permanent -No Permanent
Average (feet)
near feet)
Loss)- Riprap
S19
Impact 6B - Utility Crossing -
Temporary
Other
Stream L
Intermittent
Both
2
20
Temporary Construction
Average (feet)
(linear feet)
Access
S20
Impact 7 - Utility Crossing -
Temporary
Other
Stream C
Intermittent
Both
3
31
Temporary Construction
Average (feet)
linear feet)
Access
S21
Impact 11A - Utility Crossing -
Temporary
Other
Stream G
Perennial
Both
2
44
Temporary Construction
Average (feet)
linear feet)
Access
S22
Impact 12 - Road Crossing -
Permanent
Other
Stream G
Perennial
Both
92
Culvert
Average (feet)
(linear feet)
S23
Impact 12 - Road Crossing
Permanent
Other
Stream G
Perennial
Both
6
28
(Permanent -No Permanent
Average (feet)
(linear feet)
Loss)- Riprap
S24
Impact 12 - Road Crossing -
Temporary
Other
Stream G
Perennial
Both
4
15
Temporary Construction
Average (feet)
(linear feet)
Access
S25
Impact 13 - Utility Crossing -
Temporary
Other
Stream C
Intermittent
Both
43
118
Temporary Construction
Average (feet)
linear feet)
Access
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
689
31. Total stream and ditch impacts:
958
3i. Total temporary stream impacts:
269
3j. Comments:
Total permanent stream loss = 620 LF (2,188 SF/0.050 acres); total permanent -no permanent loss = 69 LF (308 SF/0.007 ac); total temporary = 269 LF
(5,491 SF/0.126 acres)
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbod y type
4f. Impact area
Impact 8
Road Crossing
P
Beaver Impoundment
Other
Pond
0.36
Impact 8
Road Crossing
(Permanent -No
Permanent Loss)
P
Beaver Impoundment
Other
Pond
0.14
Impact 9
Utility Crossing
T
Beaver Impoundment
Other
Pond
0.13
4g. Total temporary open water Impacts:
0.13
4g. Total open water impacts:
0.63
4g. Total permanent open water impacts:
0.50
4h. Comments:
Total permanent open water loss = 15,747 SF (0.36 ac); total permanent -no permanent loss = 6,177 SF (0.14 ac), total temporary = 5,613 SF (0.13 ac)
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6C Zone 1 impact
6g. Zone 2 impact
Impact 1B - Utility Crossing
P
Stream B
No
448
0
Impact 5 - Road Crossing
P
Stream C
No
6,929
4,424
Impact 8 - Road Crossing
P
Beaver Impoundment
Yes
11,521
6,216
Impact 12 - Road Crossing
P
Stream G
No
6,740
4,461
Impact 13 - Utility Crossing
P
Stream C
No
7,141
2,807
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 32,779.00 17,908.00
Zone 1 Zone 2
Total combined buffer impacts: 32,779.00 17,908.00
61. Comments:
Deemed Allowable Buffer Impacts: 1B-Zone 21, 7, 9, 10, 11A & 11B
E. Impact Justification and Mitigation
1. Avoidance and Minimization
U
1a. 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 to identify natural resources so that impacts could be
avoided and minimized to the maximum extent practicable. Impact 1A is proposed permanent -no permanent loss wetland impacts for a utility crossing.
The crossing will occur perpendicular at the narrowest portion of the wetland to minimize wetland impacts and tie into the existing utility easement that is
located west of the crossing. Compensatory mitigation @ 1:1 ratio has been proposed to offset permanent wetland impacts. Impact 1 B is proposed
permanent -no permanent loss wetland impacts and permanent zone 1 buffer impacts for a utility crossing. This crossing is necessary to tie into the
existing utility easement to the north. The crossing has been placed as far west of the stream to avoid any stream impacts and most zone 1 buffer
impacts. Per the Neuse River Buffer Rules (15a ncac 02b .0714 (ll(i)), the Zone 2 buffer impacts have been determined "deemed allowable'.
Compensatory mitigation @ 1:1 ratio has been proposed to offset permanent wetland impacts. Impact 2 is proposed permanent and temporary stream
impacts for a road crossing. The road crossing will cross the stream at a perpendicular angle near the top of the drainage and is necessary to access a
portion of the northwestern development. A retaining wall is being utilized to minimize stream impacts to the maximum extent practicable. The location of
the crossing is necessary as the City of Durham requires interconnectivity and minimum radii on the corners. Compensatory mitigation @ 2:1 ratio is
being proposed to offset permanent stream impacts. Impact 3A is proposed permanent and temporary stream impacts for an underground storm pipe. A
retaining wall is being utilized to minimize stream impacts. This impact is necessary as the City of Durham requires that all impervious area is captured
and directed toward a stormwater control measure (SCM). Compensatory mitigation @ 2:1 ratio is being proposed to offset permanent stream impacts.
Impact 3B is proposed permanent, permanent -no permanent loss, and temporary stream impacts for a utility crossing. This utility crossing is necessary
to connect sanitary sewer to the southwestern portion of the project and will cross the stream at a perpendicular angle to minimize stream impacts. A
retaining wall and riprap dissipator will be utilized to reduce flow velocities and minimize stream degradation. Compensatory mitigation @ 2:1 ratio is
being proposed to offset permanent stream impacts. Impact 4A is proposed permanent stream impacts for a road crossing. This impact is necessary to
provide a cul-de-sac to access lots. The location of this impact is occurring at the top of the drainage and is located near a stormwater and sewer
easement. This area is designed at the maximum slope allowed by the City of Durham. Compensatory mitigation @ 2:1 ratio is being proposed to offset
permanent stream impacts. Impact 4B is proposed permanent stream impacts for an underground storm pipe. This pipe will cross the stream at a
perpendicular angle to minimize stream impacts. This impact is necessary as the City of Durham requires that all impervious area is captured and
directed toward a stormwater control measure (SCM). Compensatory mitigation @ 2:1 ratio is being proposed to offset permanent stream impacts.
Impact 4C is proposed permanent and temporary stream impacts for a utility crossing. This utility crossing will cross the stream at a perpendicular angle
to minimize stream impacts. A retaining wall will be utilized to minimize stream impacts. Compensatory mitigation @ 2:1 ratio is being proposed to offset
permanent stream impacts. Impact 5 is proposed permanent, permanent -no permanent loss, and temporary stream impacts as well as permanent buffer
impacts for a road crossing. This crossing is necessary to connect the northern portion of the development with the southern portion. The road crossing
will occur perpendicular to the stream and utilize retaining walls to minimize impacts to the maximum extent practicable. A riprap dissipator will be
utilized at the end of the culvert to reduce flow velocities and minimize stream degradation. Compensatory mitigation @ 2:1 ratio is being proposed to
offset permanent stream impacts. Impact 6A is proposed permanent and temporary stream impacts for an underground storm pipe. The pipe will cross
the stream at a perpendicular angle to minimize stream impacts. As previously stated, this impact is necessary as the City requires that all impervious
area is captured and directed toward a stormwater control measure (SCM). Compensatory mitigation @ 2:1 ratio is being proposed to offset permanent
stream impacts. Impact 6B is proposed permanent, permanent -no permanent loss, and temporary stream impacts for a utility crossing. The utility will
cross at the stream at a perpendicular angle and utilize a riprap dissipator to reduce flow velocities and minimize stream degradation. Compensatory
mitigation @ 2:1 ratio is being proposed to offset permanent stream impacts. Impact 7 is proposed temporary stream impacts for a utility crossing. Per
the Neuse River Buffer rules, (15a ncac 02b .0714 (kk(i)), the buffer impacts for this crossing are considered "deemed allowable". The crossing will occur
at a perpendicular angle with the stream to minimize stream impacts to the maximum extent practicable. Impact 8 is proposed permanent and temporary
wetland impacts, permanent and permanent -no permanent loss open water impacts, and permanent buffer impacts for a road crossing. This road
crossing is necessary to connect the entire eastern and western portions of the development. The crossing will occur perpendicular to the open water
(i.e. beaver impoundment) and utilize retaining walls to minimize impacts to the maximum extent practicable. Three box culverts will be utilized for
connectivity and allow for continuous flow of water. It should also be noted that this crossing is occurring at the narrowest portion of the open water and
avoids any stream impacts to the north. The crossing was considered to be placed further to the south, however, a culvert crossing in this location would
create off -site impacts to the flood elevations to the upstream properties. For velocity dissipation, permanent turf reinforcement matting will be installed
on the outlet side of the box culverts. Per the project engineers, the proposed turf reinforcement matting will provide the necessary velocity dissipation,
erosion control benefits, and reduction of scour required, but will still allow the natural wetland functions that benefit water quality to occur. Specifically,
turf matting is porous and allows water to travel freely through to the subgrade below. This will allow the wetland to function properly in the wetting and
drying cycle by allowing water to enter the soil profile when the water table is low or between storm events as necessary to allow for the removal of
harmful bacteria. Also, because the material is porous, it will allow water to travel into the soil profile after storm events allowing for saturation. During
this period of saturation, denitrification will occur within the soil profile just as in a natural wetland. And finally, the turf matting will help to reduce velocity
by providing a higher roughness coefficient. This will slow the water down and promote sedimentation. This will help to remove sediment particles and
attached phosphorus just as in a natural wetland. Turf matting also allows for vegetation to grow through the mat providing additional support for the
vegetation. The vegetation will absorb and store nitrogen and phosphorus within their structure just as in a natural wetland. Compensatory mitigation @
2:1 ratio is being proposed to offset permanent wetland impacts. Compensatory mitigation @ 3:1 for Zone 1 buffer impacts and @ 1.5:1 for Zone 2 buffer
impacts is also being proposed to offset permanent buffer impacts. Impact 9 is proposed permanent -no permanent loss wetland impacts and temporary
open water impacts for a utility crossing. The crossing will occur perpendicular to the open water and the proposed road crossing to minimize impacts to
the maximum extent practicable. Per the Neuse River Buffer rules, (15a ncac 02b .0714 (kk(i)), the buffer impacts for this crossing are considered
"deemed allowable". Compensatory mitigation @ a 1:1 ratio for permanent -no permanent loss impacts will be proposed to offset wetland impacts. Impact
10 is proposed zone 2 buffer impacts for a utility crossing. This crossing is occurring parallel to the stream and was designed to avoid any Zone 1 buffer
impacts. Per the Neuse River Buffer Rules (15a ncac 02b .0714 (ll(i)), the Zone 2 buffer impacts have been determined "deemed allowable'. Impact 11A
is proposed temporary stream and permanent -no permanent loss wetland impacts for a utility crossing. The crossing will occur perpendicular to the
stream to minimize impacts. Per the Neuse River Buffer rules, (15a ncac 02b .0714 (kk(i)), the buffer impacts for this crossing are considered "deemed
allowable'. Compensatory mitigation @ a 1:1 ratio for permanent -no permanent loss impacts will be proposed to offset wetland impacts. Impact 11 B is
proposed zone 2 buffer impacts for a utility crossing. This crossing is occurring parallel to the stream and was designed to avoid any Zone 1 buffer
impacts. Per the Neuse River Buffer Rules (15a ncac 02b .0714 (II(i)), the Zone 2 buffer impacts have been determined "deemed allowable'. Impact 12 is
proposed permanent, permanent -no permanent loss, and temporary stream impacts as well as permanent buffer impacts for a road crossing. This
crossing is necessary to connect the northeastern portion of the development with the southeastern portion. The road crossing will occur perpendicular
to the stream and utilize retaining walls to minimize impacts to the maximum extent practicable. A riprap dissipator will be utilized at the end of the
culvert to reduce flow velocities and minimize stream degradation. Compensatory mitigation @ 2:1 ratio is being proposed to offset permanent stream
impacts. Impact 13 is proposed temporary stream and permanent buffer impacts for a utility crossing. This crossing is necessary to connect to the
proposed sewer line to the existing pump station to the north. The crossing will occur at a perpendicular angle with the stream and will utilize temporary
silt bags, temporary pump around, and temporary impervious dike to minimize stream impacts during construction activities.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Measures being taken to avoid/minimize proposed impacts through construction techniques include coffer dams during the culvert installation and pump
arounds to ensure the stream baseflow is safely routed around the construction site. Dewatering pumps will remove water from the construction area
and discharge it to silt bags. Silt fencing will be utilized and placed downstream of all other disturbed areas to ensure no sediment laden water escapes
the construction area.
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:
Moccasin Creek Mitigation Banking Instrument (Buffer), Falling Creek Umbrella Mitigation Banking
Instrument (Wetland), and WLS Neuse 01 Umbrella Mitigation Bank (Stream)
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.40 acres
Stream 721 LF
Riparian buffer 27,150 SF
3c. Comments
S&EC reviewed the NCDWR Approved mitigation banks in NC list, there were five (5) banks listed within the HUC 03020201 that had riparian wetland,
buffers, and/or stream credits available. All five (5) were contacted, one had all the buffer and wetland credits available. Only one other bank had a
portion of the stream credits we needed available. Permanent wetland loss impact = 0.088 acres; 0.088 @ 2:1 mitigation ratio = 0.176 acres,
Permanent -No Permanent wetland loss = 0.219 @ 1:1 mitigation ratio = 0.219 acres, Total = 0.176 acres + 0.219 acres = 0.395 acres.
Total permanent stream loss = 620 LF @ 2:1 ratio = 1,240 LF.
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)
519 LF
4d. Buffer mitigation requested (DWR only):
(square feet)
0
4f. Non -riparian wetland mitigation requested:
(acres)
0
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
0
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
It should be noted that only one (1) bank within the 03020201 HUC had stream credits available. For this project, 1,240 LF of stream credits were
needed. The Water & Land Solutions SOA attached above depicts the 721 LF of stream credits available while the remaining 519 LF was acquired
through DMS.
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
Road Crossing
5,942
3
11
17,826
Zone 2 Road Crossing
6f. Total buffer mitigation required
27.150
6,216 1.5 9,324
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
It should be noted that there are mitigated wetland impacts occurring in Zone 1 for the buffer impact area 8 road crossing. Therefore, these zone 1
impacts that have wetlands within the buffer have been subtracted out. Total Zone 1 buffer impacts = 11,521 SF - 5,579 SF (wetlands within Zone 1) _
5,942 SF (New total zone 1 buffer without wetlands).
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
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
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 Durham
Comments:
G. Supplementary Information
1. Environmental Documentation
No
1a. Does the project involve an expenditure of public (federallstatellocal) 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 (I SA 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 Solana project is a residential development. Additionally, the project is located within the City of Durham 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 Water Supply, Watershed Protection Program which limits
development densities as well as requires protective riparian buffers; 3) 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 as it will be gravity fed to the Southeast Regional Lift Station then pumped to the treatment plant.
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
Sc. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved? *
Yes No
Se. 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
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?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac for both parcels. A formal request for both
parcels were sent to the USFWS on October 18, 2021. The USFWS typically has 30 days to respond from the date of the request to provide comments.
S&EC received no response from USFWS within the 30 days meaning that they concurred with the determinations made by S&EC that the proposed
actions is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species
currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species reports for both
1101 and 1051 Olive Branch Road.
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 August 17, 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.
Please note that a historical resource request was completed by others, please see attached letters from the State Historic Preservation Office (ER-18-
4183 and ER-19-2673).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
Per the project engineers, a CLOMR is being submitted to permit the rise caused by construction within the floodway.
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
SOLANA IMPACT MAPS FINAL (reduced).pdf 23.76MB
Solana_PCN attachments.pdf 16.75MB
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:
Deborah E. Shirley
Signature
�S¢ iC?- 17tst ,_ -q�
Date
2/4/2022