20220314 Ver 1_ePCN Application_20220225

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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#*
20220314
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 - [phone]
Colleen Cohn:eads\cmcohn
Information for Initial Review
1a. Name of project:
Courtyards at Lochmere
1a. Who is the Primary Contact?*
Camden Brunick
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/25/2022
Nearest Body of Water
Swift Creek
Basin
Neuse
Water Classification
WS-III;NSW
Site Coordinates
Latitude:
Longitude:
35.724821
-78.753173
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
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
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:
Jesse Clayton
2b. Deed book and page no.:
DB: 000523 DP: 00-E-
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d.Address
Street Address
1003 Greenwood Cir
Address Line 2
City
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27511-5843
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
Yes No
Yes No
U

2g. Email Address: *
[e-mail]
2a. Name(s) on recorded deed:
Epcon Lochmere LLC
2b. Deed book and page no.:
DB: 018842 DP: 02630 & DB: 018842 DP: 02644
2c. Contact Person:
Mark Stiglitz
2d.Address
Street Address
119 Weston Parkway
Address Line 2
City
Cary
Postal / Zip Code
27513
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Epcon Lochmere LLC
2b. Deed book and page no.:
DB: 018842 DP: 02639 & DB: 018842 DP: 02627
2c. Contact Person:
Christopher Buerkle
2d.Address
Street Address
500 Stonehenge Pkwy
Address Line 2
City
Dublin
Postal / Zip Code
43017-7572
2e. Telephone Number:
(919)6304139
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Mark Stiglitz
3b. Business Name:
Epcon Communities
3c.Address
Street Address
119 Weston Parkway
Address Line 2
City
Cary
Postal / Zip Code
27513
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
OH
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:

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:
[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
Stale / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
2a. Property Identification Number:
0771372444,0771375748,0771386382,
2b.Property size:
0771383377 & 0771380349
+/-39
2c. Project Address
Street Address
4908 Lilly Atkins Rd
Address Line 2
City
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27518
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Swift Creek
3b. Water Resources Classification of nearest receiving water:*
WS-III;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.
030202011001
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: *
Existing conditions onsite consists primarily of forested land with some single-family homes with maintained yards. Specifically, there is one (1) wetland feature (Wt), one (1) intermittent
stream (SA), and one (1) perennial stream (Speight Branch) located on or in the vicinity of the property. Please see attached wetland sketch map for exact locations of each feature.
General land use in the vicinity of the project consists of forested land and single-family residential neighborhoods. Holly Springs Rd bounds the property to the east and Lilly Atkins Rd
bounds the property to the north. Swift creek is located just south 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 8.5 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 870 LF

4h. Explain the purpose of the proposed project:"
The purpose of this project is to construct a single 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 single-family residential development including but not limited to; roadway infrastructure, residential lots, SCMs, utilities, and a
clubhouse/amenity area. Specifically, there are three (3) wetland impacts associated with a greenway, two (2) road crossings that impact streams and wetlands, one (1) utility crossing that
impacts wetlands, and two (2) retaining walls that impact wetlands. 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-2021-02623
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & 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
"'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
6b. If yes, explain.
The project will be constructed in 2 phases. Please see attached site plan.
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 (?)
2b. Impact type*(?)
2c. Type of W.
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
2g• Impact
area
Impact 1
Greenway Crossing
P
Bottomland Hardwood Forest
W1
Yes
Both
0.161
Impact 2
Retaining Wall
P
Bottomland Hardwood Forest
W1
Yes
Both
(acres)
0.021
Impact 3
Retaining Wall/Fill
P
Bottomland Hardwood Forest
W1
Yes
Both
(acres)
0.106
Impact 4
Greenway Crossing
P
Bottomland Hardwood Forest
W1
Yes
Both
(acres)
0.033
Impact 5
Utility Crossing
P
Bottomland Hardwood Forest
W1
Yes
Both
(acres)
0.100
(Permanent -No
(acres)
Permanent Loss)
Impact 7A
Road Crossing
P
Bottomland Hardwood Forest
W1
Yes
Both
0.004
(acres)
Impact 7B
Greenway Crossing JL
Bottomland Hardwood Forest
W1
Yes
Both
0.019
(acres)

2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.444
2g. Total Wetland Impact
0.444
2i. Comments:
Total permanent wetland impacts = 15,179 SF (0.34 acres); total permanent -no permanent wetland impacts = 4,373 SF (0.10 acres)
3. Stream Impacts
11
gt
3a. Reason for impact (?)
Impact 6 - Road Crossing
3b.lmpact type*
Permanent
3c. Type of impact*
Culvert
3d. S. name*
Stream A
3e. Stream Type"
(?)
Intermittent
3f. Type of
Jurisdiction*
Both
3g. S. width*
Average (feet)
3h. Impact
length*
141
(linear feet)
gy
Impact 6 - Road Crossing
(Permanent -No Permanent
Loss)
Permanent
Other
Stream A
Intermittent
Both
6
Average (feet)
23
near feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
164
3i. Total stream and ditch impacts:
164
3i. Total temporary stream impacts:
3j. Comments:
Total permanent stream loss = 141 LF (775 SF/0.017 acres); total permanent -no permanent stream impact = 23 LF (139 SF/0.003 acres)
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:
S&EC completed a wetland delineation and Neuse River buffer evaluation for the entire property so that natural resources could be identified, and
impacts minimized to the maximum extent practicable. Impact area 1 is proposed permanent wetland impacts for a greenway. The greenway is placed
as close to the adjacent lots as possible and will connect to Lilly Atkins Road to the north. Compensatory mitigation @ 2:1 ratio has been proposed to
offset permanent wetland impacts. Impact area 2 is proposed permanent wetland impacts for a retaining wall. Due to the steep topography presented on
this site, a retaining wall has been shown along the rear portion of lots 1-17. This impact is necessary to reduce the grading impacts from the adjacent
lots and to minimize wetland impacts all together. Compensatory mitigation @ 2:1 ratio has been proposed to offset permanent wetland impacts. Impact
area 3 is proposed permanent wetland impacts for a retaining wall/fill. The wetland area between lots 6 & 7 in this location clips the development area.
Due to the constructability and an effort to avoid and minimize impacts to the wetland area to the west of the lots, a continuous wall is necessary through
here. The wall acts as a barrier and limits the amount of disturbance into the wetlands. Along with the topography, this area will be filled in order to divert
stormwater runoff from adjacent lots to the stormwater basin so that it can be treated appropriately instead of discharging into the wetland area to the
west. Compensatory mitigation @ 2:1 ratio has been proposed to offset permanent wetland impacts. Impact area 4 is proposed permanent wetland
impacts for a greenway crossing. The greenway is placed as close to the adjacent lots as possible and will connect to Lilly Atkins Road to the north.
Compensatory mitigation @ 2:1 ratio has been proposed to offset permanent wetland impacts. Impact area 5 is proposed permanent -no permanent
wetland impacts for a utility crossing. The crossing will occur perpendicular to the adjacent stream (Speight Branch) and will tie into the existing utility. It
should be noted that buffer impacts are shown and quantified, however the utility will be constructed in such a way that the buffer impacts are
considered "deemed allowable' per the Neuse River buffer rules. Compensatory mitigation @ 1:1 ratio has been proposed to offset permanent -no
permanent wetland impacts. Impact area 6 is proposed permanent and permanent -no permanent stream impacts for a road crossing. This road crossing
is necessary to connect the far eastern portion of the development with the rest of development. The crossing will occur perpendicular to the stream and
feature retaining walls to minimize impacts. A riprap dissipator will be utilized at the culvert outlet to minimize stream velocities and stream degradation.
Per the project engineer, in order for the proposed culvert to stay under the proposed utilities within the road (see culvert profile), the upstream invert of
the culvert on the north side has to be roughly 3' lower than the existing elevation of the stream bed. Then we must transition the proposed grading from
that invert back to the existing. Impact area 7A is proposed permanent wetland impacts for a road crossing. This road crossing is necessary to connect
the eastern portion of the development with the entire development. This impact is occurring at the very northern portion of the wetland drainage where it
is most thin. Compensatory mitigation @ 2:1 ratio has been proposed to offset permanent wetland impacts. Impact area 7B is proposed permanent
wetland impacts for a greenway crossing. This greenway impact is necessary in order to connect with the adjacent Holly Springs Road and has been
placed as close to the road as possible. The crossing will also occur perpendicular to the wetland at its thinnest portion in order to minimize wetland
impacts to the maximum extent practicable. Compensatory mitigation @ 2:1 ratio has been proposed to offset permanent wetland impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Heavy construction equipment shall be limited in sensitive areas and shall stay as far back from these areas as necessary in order to complete specific
activities.
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 Umbrella Mitigation Banking Instrument
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.80 acres
3c. Comments
S&EC reviewed the NCDWR Approved mitigation banks in NC list, there were four (4) banks listed within the HUC 03020201 that had riparian wetland
credits available. All four (4) were contacted, two had the full amount of credits needed.
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
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.
Town of Cary
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 Courtyards at Lochmere project is a residential development. Additionally, the project is located within the town of Cary 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; 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective
riparian buffers. 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 water will be generated and treated at the South Cary Water Reclamation Facility which has a capacity of 12.8 MGD.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
Sa. 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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
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
51. 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. S&EC is in the process of finalizing the report
for the client for review and will be sent to FWS for comment.
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 6, 2022, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries.
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:
The development designated in the floodplain is for roads, greenways, & public utilities.
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 dreg and drop files here to attach document
PCN Attachments - Lochmere.pdf 21.54MB
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
2/25/2022