20191299 Ver 2_ePCN Application_20230330

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:
3/30/2023
BIMS # Assigned
20191299
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Zachary Thomas:[e-mail]
Information for Initial Review
la. Name of project:
Stone Landfill Stormwater Basin Improvement
1a. Who is the Primary Contact?*
Alan Stone
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/30/2023
Nearest Body of Water
Overcup Creek (LISGS) New Hope Arm of B. Everett Jordan Lake (DWR)
Basin
Cape Fear
Water Classification
WS-IV,B; NSW, CA
Site Coordinates
Latitude: Longitude:
35.8025121-79.0296110
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Chatham
Is this a NCDMS Project
Yes No
Version#*
2
Reviewing Office`
Raleigh Regional Office - [phone]
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 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: 03 - Maintenance
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
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: Yes No
For the record only for Corps Permit: Yes No
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
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:
ARBD LLC
2b. Deed book and page no.:
1828 0533
2c. Contact Person:
Alan H Stone
2d.Address
Street Address
5180A Big Woods Drive
Address Line 2
City
State / Province / Region
Chapel Hill
NC
Postal / Zip Code
Country
27517
USA

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Philip May
4b. Business Name:
Inver Environmental Consulting, LLC
4c.Address
Street Address
105 West 4th St
Address Line 2
Suite 700
city
Winston-Salem
Postal / Zip Code
27101
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:
Chapel Hill NC
2. Project Identification
2a. Property Identification Number:
0087334
2c. Project Address
Street Address
5180A Big Woods Drive
Address Line 2
City
Chapel Hill
Postal / Zip Code
27517
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Overcup Creek (USGS) New Hope Arm of B. Everett Jordan Lake (DWR)
3b. Water Resources Classification of nearest receiving water:
WS-IV,B; NSW, CA
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.
030300020610
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
2.13
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: *
The site is an existing Land Clearing & Inert Debris (LCID) landfill. Adjacent areas are a mix of dispersed residences, forested areas, and US Army Corps of Engineers land around Lake
Jordan.

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).
Action ID SAW-2019-01857
No corresponding DWR number (courtesy copied on PCN)
4f. List the total estimated acreage of all existing wetlands on the property:
0.41 (entire landfill property)
4g. List the total estimated linear feet of all existing streams on the property:
1570 (entire landfill property)
4h. Explain the purpose of the proposed project:*
The purpose of the project is to improve stormwater management on the east side of the existing LCID landfill by enlarging an existing basin (see attached plans). No increase in landfill
footprint is associated with the project as it will remain within the existing permitted area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The existing basin on the east side of the landfill will be improved through volume and area expansion to better manage stormwater on the site. The new basin will be graded and an outlet
structure and emergency spillway provided to discharge stormwater in a controlled manner. Construction will be performed using standard equipment likely including bulldozers, graders,
and excavators. No specialized equipment is anticipated.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No
Comments:
Prior delineation was reviewed on 2/6/23
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-2019-01857
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Rob Crowther
Agency/Consultant Company: Carolina Ecosystems, Inc.
Other:
C3 Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE PJD Issued in conjunction with NWP on 11/7/19.
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?
No additional impacts are anticipated for the landfill to continue operation. The 2019 NWP was issued for basin A improvements associated with continued landfill construction. This basin
(D - see attached plans) is on the Phase 1 side of the landfill and was an existing sediment trap that requires improvements as the site continues to operate and fill the permitted cells.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
2. Wetland Impacts
O
2a1 Reason (?)
Grading 1p
2b. Impact type* (?)
2c. Type of W.*
Headwater Forest
2d. W. name
WB
2e. Forested*
Yes
2f. Type of Jurisdicition *
?)
Both
2g. Impact
area *
0(ac.
(acres)
Clearing
T
Headwater Forest
WB
f=][B.th
0.060
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.060 0.027

2g. Total Wetland Impact
0.087
2i. Comments:
Temporary impacts associated with clearing for construction access on the east side of the existing basin, in order for the basin to remain in operation
while the new berm is graded.
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 basin location cannot avoid the wetlands, which begin at the foot of the existing basin and may have been created or enlarged by the long-term
seepage from the existing basin. The configuration of the basin has been altered to minimize wetland impacts while controlling stormwater prior to
discharge. Enlarging the basin in other directions is not practicable to maintain drainage/flow or it would require removal of significant amount of waste
material to the west. Primary discharge will be to an upland area with secondary discharge to the stream below the wetland.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sediment and erosion control measures including silt fence and check dams will be installed and maintained throughout 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?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Total impacts for this site, including the prior 2019 Nationwide Permit, are below typical thresholds (0.1 acre) for wetland mitigation.
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
If no, explain why:
The stream channel shown on the attached plans is not shown on USGS or NRCS mapping (maps from prior permit are attached), and therefore not under the jurisdiction of the Jordan
Lake Buffer Rules. A 50-foot buffer is being retained for the purposes of other local approvals.
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:
The LCID landfill will be primarily a vegetated cap with little impervious area. The discharge from the basin will be to an existing low area which will allow overland flow back toward the
short stream segment west of Big Woods Drive. The basin will have minimal flow during the design storm, and likely reduced flow compared to the existing basin discharge.
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.
No road or sewer improvements, which typically are required to increase development, are associated with the project. There is no additional landfill
capacity associated with this project, and no increase in landfill traffic.
O
O
O

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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
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?
IPaC database (03/30/23), NCNHP Data Explorer (03/30/23) and on -site review of habitats (02/06/23). No habitat is present for IPaC species (red -
cockaded woodpecker, Atlantic pigtoe, Harparella). Vegetation has been cleared from the project area but were not significant size or composition to
provide RCW habitat (previously disturbed area on the perimeter of existing landfill).
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 EFH Mapper
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?
NC SHPO HPOWeb Map Service. No historic resources present in the vicinity of the project. The area has been previously disturbed for landfill
construction, stormwater management, and power line clearing.
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 DEM Flood Mapping Program. FEMA zones are on the east side of Big Woods Drive.
Miscellaneous
O
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
StoneLCID_PCNAttachments_033023.pdf 3AMB
File must be PDF or KMZ

Comments
While initial clearing has been performed within the limits of the proposed basin, no construction/permanent fill or grading has taken place, therefore no violation of wetland standards or
unauthorized fill has occurred. Based on review of the current Nationwide Permit 3 and Regional Conditions, and General Certification 4239, written authorization is not required. Please
contact me at your earliest convenience if you have any questions regarding this project.
Thanks
Phil
Signature
p 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:
Philip May
Signature
Date
3/30/2023