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HomeMy WebLinkAbout20200281 Ver 3_401 Application_20220706ton of Wit ur ttesonrcsa Please note: fields marked with a red asterisk * below are Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of fhe E-PCN, all you need to do is right -click on fhe document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf A. Processing Information Pre -Filing Meeting Date Request was submitted on: * 6/11/2021 If this is a courtesy copy, please fill in this with the submission date. County (or Counties) where the project is located:* Wake Is this a NCDMS Project* 0 Yes ® No Click Yes, only if NCDMS is the applicant or co -applicant. Is this project a public transportation project?* OYes 0No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. la. Type(s) of approval sought from the Corps: * O Section 404 Permit (wetlands, streams and waters, Clean Water Act) 0 Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization?* O Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) 1c. Has the NWP or GP number been verified by the Corps?* 0 Yes ® No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): List all NW numbers you are applying for not on the drop down list. 1d. Type(s) of approval sought from the DWR: * check all that apply 0 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit O Individual 401 Water Quality Certification 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: O 401 Water Quality Certification - Express O Riparian Buffer Authorization O Yes 0 No O Yes 0 No 1f. Is this an after -the -fact permit application?* 0 Yes O No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. O Yes O No Acceptance Letter Attachment Click the upload button or dreg and drop files here to attach document FILE TYPE MUST BE PDF lh. Is the project located in any of NC's twenty coastal counties?* O Yes O No 1j. Is the project located in a designated trout watershed?* 0 Yes ® No Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information la. Who is the Primary Contact?* Jeff Harbour 1b. Primary Contact Email:* jeff. harbou r@terracon.com Id. Who is applying for the permit?* OO Owner (Check all that apply) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: * MI Homes of Raleigh, LLC 2b. Deed book and page no.: 2c. Contact Person: (for Corporations) Patrick Adams 2d. Address* Street Address 1511 Sunday Drive Address Line 2 Ste 100 City Raleigh Postal / Zip Code 27607 2e. Telephone Number: * (xxx)xxx-xxxx (919)233-2607 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* padams@mihomes.com 4. Agent/Consultant (if applicable) 4a. Name: * Jeff Harbour 4b. Business Name: (if applicable) Terracon 1c. Primary Contact Phone:* (919)805-4208 0 Applicant (other than owner) State / Province / Region NC Country US 4c. Address* Street Address 2401 Brentwood Rd Address Line 2 Suite 107 City Raleigh Postal / Zip Code 27604 4d. Telephone Number: * (919)805-4208 (.00,c x-xxxx 4f. Email Address:* jeff.harbour@terracon.com C. Project Information and Prior Project History State / Province / Region NC Country US 4e. Fax Number: (xxx)xxx-xxxx 1. Project Information la. Name of project: * Friendship Station Sections 1&2 7b. Subdivision name: (if appropriate) lc. Nearest municipality / town:* Apex 2. Project Identification 2a. Property Identification Number: (tax PIN or parcel ID) 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 2b. Property size: (in acres) State / Province / Region Country 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude: * 35.70104 ex: 34.208504 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Little Beaver Creek Longitude:* -78.91629 -77.796371 3b. Water Resources Classification of nearest receiving water: * WS-IV; NSW Surface Water Lookup 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located.* 030300020609 River Basin Lookup 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: * Undeveloped land comprised of old clear cut areas and some wooded areas. Land use is residential and agricultural primarily as well as educational (Friendship HS and Middle School are on adjacent property). 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes ® No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: .5 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 1000 4h. Explain the purpose of the proposed project:* The purpose of the project is to provide residential housing (townhomes) for the Town of Apex and surrounding area. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Friendship Station Sec. 1 & 2 is a proposed 232 lot townhome development in southwest Apex. This project was rezoned along with a much larger Planned Unit Development in Apex, with several other "sections" that are all being developed independently of one another, and on completely separate timelines. With that said, Friendship Station Sec. 1 & 2 is a separate Master Plan project from any of the other Friendship Station sections. The proposed project requires a road crossing over a small intermittent stream and headwater forest wetland. An additional wetland is proposed to be impacted for additional fill. Compensatory mitigation will be provided for the wetland impacts. Typical equipment will be used such as graders, excavators, dump trucks, bulldozers, etc. All areas intended to remain undisturbed will be clearly marked and delineated in the field to keep equipment out of those areas. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* O Yes O No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* ® Preliminary 0 Approved 0 Not Verified 0 Unknown 0 N/A Corps AID Number: Example: SAW-2017-99999 SAW-2017-00235 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Jeff Harbour Terracon 0 Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR. James Lastinger of USACE reviewed and approved the delineation of the overall Friendship Station property in November 2016 (SAW-2017-00235). 6. Future Project Plans 6a. Is this a phased project?* O Yes O 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): OO Wetlands OO Streams -tributaries 0 Open Waters 0 Pond Construction 0 Buffers 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". 2a. Site #* (?) 2a1 Reason*(') 2b. Impact type*(') 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* A fill P Headwater Forest WVA No Both 0.190 (acres) B road crossing P Headwater Forest WLA Yes Both 0.036 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.226 2g. Total Wetland Impact 0.226 2i. Comments: Impact A (WVA) is in an area that was logged several years ago. Primarily PSS/PEM wetland type. Photos are included of this area. Mitigation is proposed to compensate for the impact. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. "S." will be used in the table below to represent the word "stream". 3a. Reason for impact* (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length* Si road crossing Permanent Culvert UT of Little Beaver Creek Intermittent Both 4 Average (feet) 102 (linear feet) * All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 102 3i. Total temporary stream impacts: 0 3i. Total stream and ditch impacts: 102 3j. Comments: 410 square feet of stream bed impact. Photos of the impact area are included. Stream impact is below the mitigation threshold. 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: * Impact Area A lies within the overall development footprint of the project and could not be avoided. This wetland is disturbed and consists of primarily shrub and herbaceous vegetation as a result of past logging. The road crossing impact (Impact Area B) that is necessary was designed to cross a point where minimal wetland impact would result. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* The road crossing has been designed to incorporate a 3:1 side slope to minimize stream and wetland impact. All required ESC measures will be used throughout the duration of the construction. 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? O Yes O No 2c. If yes, mitigation is required by (check all that apply): O DWR LI Corps 2d. If yes, which mitigation option(s) will be used for this project? 0 Mitigation bank 0 Payment to in -lieu fee program 0 Permittee Responsible Mitigation NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington Districts RIBITS website. F. Stormwater Management and Diffuse Flow Plan (required by DWR) V *** Recent changes to the stormwater rules have required updates to this section `** 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? O Yes 0 No 1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. What type of SCM are you providing? O Level Spreader O Vegetated Conveyance (lower SHWT) 0 Wetland Swale (higher SHWT) OO Other SCM that removes minimum 30% nitrogen 0 Proposed project will not create concentrated stormwater flow through the buffer (check all that apply) For a list of options to meet the diffuse flow requirements, click here. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * OYes®O No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)7 * OYes®O No To look up low density requirement click here 15A NCAC 02H .1003(2). 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? * O Yes O No 0 N/A - project disturbs < 1 acre Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply): * OO Local Govemment 0 State If you have a local government approval please include the SMP on their overall impact map. Local Government Stormwater Programs* O Phase II 0 USMP Please identify which local government stormwater program you are using.* Apex Comments: OO NSW OO Water Supply This project will utilize various stormwater control measures in order to treat and control stormwater runoff from the townhome development. This project will meet the 1-year and 10-year pre vs. post development requirements. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* O Yes O 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)?* O Yes O No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* O Yes O No 3b. If you answered "no," provide a short narrative description. This is a single and complete project that does not rely upon or provide incentive for other development activities. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* OYes 0O No 0 N/A 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?* O Yes O No 5b. Have you checked with the USFWS conceming Endangered Species Act impacts?* O Yes O No 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8?* OYes®O No O No 0 Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?* OO Yes 0 No 5g. Does this project involve bridge maintenance or removal?* 0 Yes ® No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?** 0 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.?* OYes®O No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * NCNHP data from July 7, 2022 indicates that no protected species have been documented within 1 mile of the site. Terracon biologists walked transacts through the site in July 2022 to identify potential habitat for other protected species. Marginal habitat for Michaux's sumac is present in a few scattered locations. Terracon did not observe any evidence of this species during the site review. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* O Yes O No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: irp_tlgis.ncdcr.gothpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal govemments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* http://g is. ncdcr.gov/hpoweb/ WA1068 I Christian Chapel Cemetery is located along Humie Olive Road, near the Richardson Rd entrance to the proposed project site. This cemetery will not be affected by this project. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain?* O Yes O No 8c. What source(s) did you use to make the floodplain determination?* NC Floodmaps and FEMA Miscellaneous Comments Mitigation SOA to be submitted separately upon receipt from provider. 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 Friendship Sections 1_2 PCN Supporting Info.pdf 7.21MB File must be PDF or KMZ Signature OO 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:* Jeff Harbour Signature * Date 7/6/2022