HomeMy WebLinkAbout20230448 Ver 1_ePCN Application_20230323DW R
DHlsloo 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:
3/23/2023
BIMS # Assigned
20230448
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Zachary Thomas:zachary.thomas@ncdenr.gov
Information for Initial Review
1a. Name of project:
COURTESY COPY Peyton Place Subdivision
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email: *
dshirley@sandec.com
Date Submitted
3/23/2023
Nearest Body of Water
Buffalo Creek
Basin
Neuse
Water Classification
B;NSW
Site Coordinates
Latitude:
35.798513
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:
-78.409847
Version#*
1
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
1c. Primary Contact Phone:*
(919)846-5900
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 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
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:
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
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying forthe 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:
DR Horton, Inc
2b. Deed book and page no.:
DB:018999, DP:02610
2c. Contact Person:
Robert C. Stuart
2d.Address
Street Address
2000 Aerial Center Pkwy
Address Line 2
STE 110
City State / Province / Region
Morrisville NC
Postal / Zip Code Country
27560 USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(919)796-6363
2g. Email Address:*
RCStuart@drhorton.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
Address Line 2
Suite 104
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27615
USA
4d. Telephone Number: 4e. Fax Number:
(919)846-5900 (919)846-9467
4f. Email Address:*
dshirley@sandec.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Wendell
2. Proiect Identification
2a. Property Identification Number:
1774550855
2c. Project Address
Street Address
0 Eagle Roack Road
Address Line 2
city
Wendell
Postal / Zip Code
27591
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Buffalo Creek
3b. Water Resources Classification of nearest receiving water:
B;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.
030202011502
4. Project Description and History
2b. Property size:
10.27
State / Province / Region
NC
Country
USA
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 consist of one parcel that is partially wooded, with the upland portions of the site recently logged. There is one intermittent stream and one wetland within the project
boundary. General land use in the vicinity consist of rural residential, wooded and agricultural land.
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 0.07 ac
4g. List the total estimated linear feet of all existing streams on the property:
approximately 340 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a single-family residential subdivision with associated infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The overall project consists of 35 single-family lot residential development and the construction of roadway infrastructure, utilities, single-family lots, Stormwater Control Measures (SCM),
and other amenities. Specifically, there are stream and riparian buffer impacts associated with a road widening and a stormwater discharge. 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 -2022 -01048
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Enviornmental 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
USACE: SAW-2022-01048 Email concurrence dated June 21, 2022 from Sam Dailey.
NCDWR: Buffer Determination site visit June 22, 2022 and follow up letter dated June 23, 2022 (NBRRO #22-188) issued by Stephanie Goss
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?
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
3. Stream Impacts
O
❑
gf
3a. Reason for impact (?)
Culvert Extension: RCP and
Grading
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*
15
(linear feet)
S2
Storm Pipe and Grading
Temporary
Culvert
Stream A
Intermittent
Both
Aveage (faeQ
10
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
15 10
3i. Total stream and ditch impacts:
25
3j. Comments:
Total permanent loss stream = 15 LF (0.002 acres), Total temporary stream = 10 LF (0.001 acres); Temporary stream impacts will be brought back to
pre -construction stream bed elevations and the stream banks will be stabilized.
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
Culvert Extension
P
Stream A
No
810
140
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 810.00 140.00
Zone 1 Zone 2
Total combined buffer impacts: 810.00 140.00
6L Comments:
Per the Neuse River Buffer rules -Impact 2 is considered "deemed allowable" use (15A NCAC 02B .0714(9)(a)(i) and were not included within the table
above. Please note that this impact area is shown on the map set attached with the application.
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 in order to identify natural resources so that impacts
could be avoided & minimized to the maximum extent practicable. Proposed impacts include one (1) culvert extension and one (1) stormwater discharge
(deemed allowable). Impact Area 1 is proposed culvert extension. Proposed impacts include permanent (i.e. culvert), and temporary (i.e. construction
access) stream impacts, and associated riparian buffer impacts. This culvert extension is necessary for a sidewalk and road widening required for the
proposed project. Stream and riparian buffer impacts have been minimized by utilizing head walls at the extension. Impact Area 2 is a stormwater
discharge from an SCM. This impact is considered deemed allowable per 15A NCAC 02B .0714(9)(a)(i).
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fence and sediment basins will be utilized
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:
Permanent loss stream impacts are less than 0.02 acres, permanent loss wetland impacts are less than 0.10 acre. Impacts have been avoided to the maximum extent practicable.
Therefore compensatory mitigation in the form of mitigation payment has not been proposed.
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
0
V
O
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
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Wake County
Comments:
Dry Ponds with level spreaders/vegetated filter strips will be utilized.
G. Supplementary Information
1. Environmental Documentation
No
la. 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.
NEUSE/PHASE II: 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 Peyton Place project is a residential development. Additionally, the project is located within the Wake
County jurisdiction, 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. 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.
Sewage will be treated by City of Raleigh. City of Raleigh has agreed to accept the flow generated from this development.
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
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
Unknown
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?
USFWS & NC NHP databases searched on March 15, 2023. There are no known elemental occurrences of Federally listed species within 1 miles of the
project site.
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 March 15, 2023, 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.
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?*
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_ Peyton Place.pdf 6.76MB
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 Shirley
O
Signature
a�Priotn�f t�fi'tl�r�
Date
3/23/2023