20230432 Ver 1_ePCN Application_20230321

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
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.
Pre -Filing Meeting Date Request was submitted on:
2/8/2023
BIMS # Assigned
20230432
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Millstone Subdivision Greenway
1a. Who is the Primary Contact?*
Jeff Harbour
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/21 /2023
Nearest Body of Water
White Oak Creek
Basin
Cape Fear
Water Classification
WS-IV: NSW
Site Coordinates
Latitude:
35.786754
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Longitude:
-78.908173
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:[e-mail]
1c. Primary Contact Phone: *
[phone]
a
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
1b. What type(s) of permits) 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: 42 - Recreation Facility
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
fig. 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
1h. 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. Nani on recorded deed:
Town of Cary
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Paul Campbell
2d. Address
Street Address
400 James Jackson Ave
Address Line 2
City
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27513
us
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jeff Harbour
4b. Business Name:
Terracon
4c.Address
Street Address
2401 Brentwood Road
Address Line 2
Suite 107
city
Raleigh
Postal / Zip Code
27604
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. Proiect Identification
2a. Property Identification Number:
0724-71-6063 0724-70-6260
2c. Project Address
Street Address
0 Mills Road and 7824 Emery Gayle Lane
Address Line 2
city
Cary
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
White Oak Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV; NSW
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.
030300020608
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
State / Province / Region
NC
Country

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:*
This proposed section of the Town of Cary (TOC) greenway will utilize an existing sewer easement that is along the western edge of the Millstone subdivision. Millstone was permitted in
2021/2022 and is being developed by Friendly Capital, LLC. Much of the land west of the proposed greenway remains undeveloped. Residential land use dominates this project vicinity.
The Millstone Subdivision was authorized by the following:
Section 404 permit: SAW-2021-01727
Section 401: DWR 20211767 and 20211767 Vet
The proposed greenway is a separate and complete project from the Millstone project. Millstone is referenced here because the greenway is to be located on a portion of the Millstone
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:
1
4g. List the total estimated linear feet of all existing streams on the property:
900
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a portion of a greenway, as required by the TOC, across the western edge of the Millstone subdivision property. The proposed alignment may
incur impacts to wetlands that occur in the existing sewer line easement that also crosses the western side of the property.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project entails constructing a segment of the TOC greenway across the rear of a previously permitted and approved residential subdivision known and Millstone. TOC is the applicant
for their greenway project. The greenway path will utilize an existing TOC sewer easement that runs north/south along the western edge of Millstone. The greenway will be constructed at
grade inside the easement. Three small wetland areas that occur inside the easement will be affected by the greenway path by the crossings. Structures, such as bridges and elevated
boardwalks are not allowed in the TOC sewer easement.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O 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-2021-01727
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jeff Harbour
Agency/Consultant Company: Terracon
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE's determination was validated with the issuance of the 404 permit.
The Town of Cary performed the buffer determination, a copy of which is included with this submittal.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
I am unaware of any details associated with future phases and/or plans for the TOC greenway.
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
WJ

Impact 1
Impact 2
greenway
greenway
P
P
NON-NCWAM TYPES
NON-NCWAM TYPES
�WA
WA
No
No
--]
Both
Both
0.020
(acres)
0.020
(acres)
Impact 3
greenway
P JffN-NCWAM
TYPES
WA
No
Both
0.050
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.090
2g. Total Permanent Wetland Impact
0.090
2i. Comments:
Wetlands are located in a disturbed sewer easement and are comprised of successional herbaceous vegetation. Representative photos are included
with this submittal
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The route of the greenway is established through the Town of Cary Planning Dept. and the existing sewer easement allows for the use of a previously
disturbed area, thus minimizing land clearing/grading. The three small wetland areas cross the entire easement so they cannot be fully avoided.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All required ESC BMPs will be used throughout construction. The sewer easement is already disturbed and routinely mowed so no pristine wetland
areas will be affected. The wetland crossings have been minimized as much as practicable while still keeping inside of the sewer easement. The path is
also being constructed at the existing grade so as not to impound any waters upslope of the wetland crossings and also allow natural flooding of the
abutting creek to reach the full extent of the wetlands.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Mitigation threshold is not exceeded
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
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
L

1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments:'
Project meets SEPA's Minimum Criteria
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.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No 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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NCNHP data from March 2023 reports no federal species or critical habitat inside of or within one mile of the project. Onsite assessments conducted by
Terracon staff on March 20, 2023 indicate that the routinely mowed sewer easement foes not provide habitat for any federal species listed for Wake
County.
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?
NOAA
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?
NCSHPO. Previous coordination during the permitting process for the actual subdivision revealed no historic/arch issues.
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 greenway is being built at grade and no additional fill material will affect the floodplain. The project engineer is coordinating with TOC regarding the
project and any applicable local or FEMA regulations.
8c. What source(s) did you use to make the floodplain determination?
NC Floodmaps and 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
permit drawings and docs.pdf 10.7MB
File must be PDF or KMZ
Comments
Signature O
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
o�j" writ
Date
3/21 /2023