20220413 Ver 1_ePCN Application_20220314

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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#*
20220413
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:
Copper District Project - Phase 1
la. Who is the Primary Contact?*
Jason Hartshorn, PWS
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
Jason. [e-mail] [phone]
Date Submitted
3/14/2022
Nearest Body of Water
Swift Creek
Basin
Neuse
Water Classification
QNSW
Site Coordinates
Latitude:
Longitude:
35.625092
-78.504436
A. Processing Information u
County (or Counties) where the project is located:
Johnston
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:
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:
Craig Davis Properties, Inc
2b. Deed book and page no.:
2c. Contact Person:
Mr. Craig M. Davis
2d.Address
Street Address
940 NW Cary Parkway
Address Line 2
City
Cary
Postal / Zip Code
27513
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
2f. Fax Number:
Yes No
Yes No
U

3. Applicant Information (if different from owner)
3a. Name:
3b. Business Name
3c. Address
Street Address
Address Line 2
City
Postal / Zip Code
3d. Telephone Number:
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jason Hartshorn, PWS
4b. Business Name:
Kimley-Horn
4c.Address
Street Address
421 Fayetteville Street, Suite 600
Address Line 2
City
Raleigh
Postal / Zip Code
27601
4d. Telephone Number:
(919)6784155
4f. Email Address:*
Jason. [e-mail]
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town
Town of Clayton
2. Project Identification
2a. Property Identification Number:
164800-72-2724;164800-73-6660;164800-
734448; 164800-83-0410
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Swift Creek
3b. Water Resources Classification of nearest receiving water:*
C;NSW
State / Province / Region
Country
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
75
State / Province / Region
Country

3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011006
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 approximately 75-acre project site is situated generally southwest of downtown Clayton, North Carolina. The Site is located in the northeastern quadrant of the intersection of NC 42
and US Highway 70 in Clayton, Johnston County, North Carolina. General land use within the Site includes pasture and agricultural operations, two agricultural ponds, and pockets of
undeveloped, forested and riparian areas. The Site vicinity is primarily composed of scattered, low -density pockets of single-family residential land uses with a cluster of medical and
institutional development located north of the Site along NC-42.
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).
An Approved Jurisdictional Determination request was submitted to Chris Hopper of the USACE on November 19, 2020 (SAW-2020-02050). Official documentation is still pending. A pre -
application meeting was held to discuss the proposed project with Chris Hopper of the US Army Corps of Engineers (USACE) on October 13, 2021. During this meeting and follow up
coordination afterwards, it was determined that since the project should be permitted as an institutional/commercial development project.
A Buffer Determination was issued by Cheng Zhang of the North Carolina Division of Water Resources (NCDWR) on January 29, 2021 (NBRRO#20-385)
4f. List the total estimated acreage of all existing wetlands on the property:
6.57
4g. List the total estimated linear feet of all existing streams on the property:
3,049
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a mixed -use development in Clayton, Johnston County, NC, along with associated infrastructure and amenities in this rapidly growing
area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Phase 1 of this project proposes to construct a roundabout and initial access roads originating from the NC-42 roadway corridor to facilitate construction in upland areas within the project
study area. Additionally, two stormwater treatment ponds are proposed for construction during this phase, along with utilities, a sewer lift station, and an elevated water storage tank to
serve the development. Typical site preparation and construction equipment will be utilized, including but not limited to bulldozers, excavators, graders, cranes, dump trucks, and pavers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
See 5d for determinations and dates.
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-2020-02050
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jason Hartshorn, PWS, Mackenzie Richards, PWS, and Emma
Radford, WPIT
Agency/Consultant Company: Kimley-Horn
Other:
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
An Approved Jurisdictional Determination request was submitted to Chris Hopper of the USACE on November 19, 2020 (SAW-2020-02050) and a field review was conducted on January
21, 2021, and documentation is currently pending. A Buffer Determination was issued by Cheng Zhang of the North Carolina Division of Water Resources (NCDWR) on January 29, 2021
(NBRRO#20-385).
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain
The Copper District Project has been split into two phases for construction and developement within the larger property. Phase 1 is included in this application and consists of the initial
roadway infrastructure and development in easily accessible, high ground areas of the Site, has been designed to limit impacts to the extent practicable while still providing the necessary
infrastructure for this development phase. Phase 2 will be designed and developed in the future and will consist of additional roadway infrastructure and additional development areas, and
additional impacts are anticipated in the eastern portions of the Site. Full design and in-depth avoidance and minimization discussions have not yet been developed for Phase 2 but will be
provided in the Phase 2 permit application. Impacts will be evaluated in Phase 2 cumulatively with the impacts discussed in this Phase 1 application package. Timing of Phase 2 is
currently unknown but will be evaluated when growth in this area of Clayton promotes the need for the additional development and impacts within the tract.
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* M
2c. Type of W.
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
?)
2g. Impact
area*
Impact Site 1
Roadway Construction
P
Headwater Forest
Wetland W3
Yes
Both
0.380
(acres)
Impact Site 1
Construction Access
T
Headwater Forest
Wetland W3
Yes
Both
0.060
(acres)
Impact Site 3
Roadway Construction
P
Non-Riverine Swamp Forest
t7wi
Yes:::]
Both
0.030
acres)
2g. Total Temporary Wetland Impact
0.060
2g. Total Wetland Impact
0.470
2g. Total Permanent Wetland Impact
0.410
21. Comments:
Unavoidable impacts to wetland W1 and W3 will result from the proposed project. At Impact Site 1, wetland W3 will be permanently impacted as a result
of the proposed entrance roadway, traffic circle, and interior road construction. At Impact Site 3, wetland W1 will be permanently impacted as a resulted
of the proposed perpendicular roadway crossing. A total of 0.41 acre of permanent wetland impacts will result from the proposed project. Additionally,
temporary wetland impacts to wetlands W3 will result from temporary construction access to construct the interior roadway corridor below pond P1. A
total of 0.06 acre of temporary wetland impacts will result from the proposed project.
3. Stream Impacts
1-1
S1
3a. Reason for impact (?)
Culvert Installation
3b.lmpact type*
Permanent
3c. Type of impact*
Culvert
3d. S. name* ��3e.
Stream S1
Stream Type*
(?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width*
11
Average (feet)
3h. Impact
length*
157
(linear feet)
S2
Construction Access and
Dewatering
Temporary
Stabilization
Stream S1
Perennial
Both
11
Average (feet)
122
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
157
3i. Total stream and ditch impacts:
279
3i. Total temporary stream impacts:
122
3j. Comments:
Unavoidable impacts to stream S1 will result from the proposed project. At Impact Site 2, stream S1 will be permanently impacted as a result of the
installation of a culvert to carry S1 beneath the proposed roadway crossing. A total of 0.03 acre (157 LF) of permanent stream impacts will result from
the proposed project. Additionally, temporary impacts resulting from construction access and dewatering to facilitate the culvert installation will result in a
total of 0.03 acre (122 LF) of temporary impact between the upstream and downstream reaches.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Site 2: Grading/Revegetation
P
Stream S1
No
0
7,127
Site 2: Construction Access
T
Stream S1
No
4,166
0
Site 3: Perpendicular Roadway Crossing
P
Stream S1
No
8,504
5,850

Site 3: Grading/Revegetation
P
_11
Stream S1
No
907
3,422
Site 4: Grading/Revegetation
P
Stream S1
No
0
296
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 4,166.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 9,411.00 16,695.00
Zone 1 Zone 2
Total combined buffer impacts: 13,577.00 16,695.00
61. Comments:
Unavoidable Neuse River Basin Buffer impacts will result from the proposed project. At Impact Site 2, Neuse River Buffer Zone 2 will be permanently
impacted as a resulted of proposed grading and revegetation along the right bank of stream S1, and buffer zone 1 will be temporarily impacted to
facilitate construction access and minor rehabilitation work along the berm of Pond P2. No trees are present on the berm in BZ1, and temporary
disturbance areas will be restored to pre -construction conditions following project completion. At Impact Site 3, Neuse River Basin Buffer Zones 1 and 2
of stream S1 will be permanently impacted as a result of the proposed perpendicular roadway crossing, as well as grading and revegetation along the
left and right bank of stream S1. At Impact Site 4, Neuse River Buffer Zone 2 will be permanenly impacted as a resulted of proposed site grading and
revegetation along the right bank of stream S1. In total, the project proposes 13,577 square feet of permanent impact to Zone 1 and 16,695 square feet
of permanent impacts to Zone 2 of the Neuse River Basin Riparian Buffers, and 4,166 square feet of temporary impact to buffer zone 1.
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:
Impacts to wetlands, streams, and riparian buffers within the project area were avoided and minimized to the extent practicable throughout the design of
the project. The proposed new roadways and roundabout have been intentionally shifted west to the extent practicable and sited to avoid impacts to
jurisdictional features and riparian buffers to the greatest extent practicable while still accommodating the safety requirements necessary with roadway
design standards. The proposed grading was designed and tightened to extent practicable to minimize impacts to environmental features and, where
grading alone could not minimize or avoid impacts to features, retaining walls have been proposed east of the traffic circle along wetland W3. SCMs
have been configured to be located entirely within upland areas and still effectively capture and treat stormwater generated from the site. Stream
crossings were intentionally located to cross on a perpendicular basis to reduce stream impact lengths, and outfall to S1 in a stable, straight sections of
stream to promote long term stability in the stream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to jurisdictional features and riparian buffers within the project area will be minimized and avoided to the extent practicable throughout the
construction process. Where feasible, staging and construction access routes will be located in upland areas throughout the project. Silt fencing will be
installed around the limits of disturbance to help ensure that all construction equipment will remain within the project area throughout the construction
process. Temporary sediment control measures will be used to reduce stormwater impacts to receiving waters and minimize runoff from the construction
sites.
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 and Wetland Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.82
Stream 314

3c. Comments
To offset the 0.41-acre of unavoidable permanent wetland impacts and 157 LF (0.03-acre) of unavoidable permanent stream impacts, Mitigation for
permanent wetland and stream impacts has been proposed at a 2:1 ratio. The project has reserved 0.82-acre of wetland credits and 314 stream
mitigation credits for compensatory mitigation with 3rd party mitigation banks (Falling Creek Stream and Wetland Umbrella Mitigation Bank) accordingly.
The Statement of Availability is included as part of this PCN application package.
The proposed project will result in permanent buffer impacts to Zones 1 and 2 of the Neuse River Basin Riparian Buffers due to a perpendicular roadway
crossing impacting less than 1/3rd acre of riparian buffer. Under the Neuse River Basin Riparian Buffer Rules Table of Uses, roadway crossing impacts
resulting from grading in Zone 2 are "Deemed Allowable'. Additionally, riparian buffer impacts greater than one -tenth of an acre but equal to or less than
one-third of an acre of riparian buffer are "Allowable Upon Authorization".
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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 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 Clayton
Comments:
Stormwater for Phase 1 will be collected and treated in a stormwater basin located along the southern boundary of the project study area and then discharged outside of riparian buffers
along S1 as diffuse flow at non -erosive velocities.
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.
The proposed development is intended to serve current and projected growth in this rapidly growing area of Johnston County consistent with Town of
Clayton plans.
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.
Town of Clayton sewer connection and capacity approval is under review with the site plan and infrastructure review by the Town, and approval will be
secured prior to construction.
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
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
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?
As of February 2, 2022, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists six protected species (red -
cockaded woodpecker, Neuse River waterdog, Carolina madton, Atlantic pigtoe, dwarf wedgemussel, and yellow lance) with potential to occur within the
project vicinity. The bald eagle (Haliaeetus leucocephalus) also has potential to occur in the project vicinity and is protected under the Bald and Golden
Eagle Protection Act (BGPA). Kimley-Horn reviewed the NC Natural Heritage Program (NCNHP) element occurrence database (updated January 2022)
to determine if there are any known occurrences of federally protected species in the project study area or its vicinity. The NCNHP database records
indicate that there are no known occurrences of any federally protected species in or within 1.0 mile of the project study area. Based on the lack of
suitable habitat in the project and the lack of known occurrences, no impacts to federally listed species are anticipated.
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 Essential Fish Habitat Mapper was reviewed on January 5, 2022. No essential fish habitat was identified within the project site or within the
vicinity of 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?*
A review of the State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database performed on December 1, 2021 identified no national
register, study list, or determined eligible sites within the project study area.
Due to the nature of the project and the location of the project area between NC42 and US 70 Bypass, and bordered to the north by existing commercial
and institutional development, and due to the lack of known historic and cultural resources within the Site, as indicated by the NCSHPO HPOWEB, it is
anticipated that the proposed project will no impact on any known cultural or historical resources.
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?*
The FEMA Digital Flood Insurance Rate Map (DFIRM) panel 3720164800K (effective 6/20/2018) indicates the project study area is not within a FEMA
regulated Flood Hazard Area or Floodway.
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
01_PennyFarm_Cover_Letter _JRH.pdf
533KB
04_Figures_CopperPh1.pdf
2.09MB
06_NCDWRDetermiation_20-385.pdf
1.18MB
03_SIGNED_USACE_Agent Authorization Form _20220309_CraigDavis.pdf
1.01 MB
05_PermitDrawings_Copper.pdf
8.61 MB
07_2022-03-01_LUMEN CD SUBMITTAL FINAL.pdf
175.07MB
File must be PDF or KMZ
Comments
On behalf of our client, Craig Davis Properties, Inc, Kimley-Horn is submitting the attached application for authorization under Nationwide Permit (NWP) 39 for the above referenced project
in Johnston County. To assist in your review of this NWP application, the following information has been included:
• PCN Application Form
• Signed Agent Authorization Form
Figures
• Permit Impact Drawings
Buffer Determination Letter
• Plan Sheets
Mitigation Bank Statement of Availability
• NCDWR 401 Application Fee of $570
If you need any additional information to assist in your review of this NWP application, feel free to contact me at 919-678-4155 or [e-mail].
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:
Jason Hartshorn, PWS
Signature
Date
3/14/2022