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HomeMy WebLinkAbout20230490 Ver 1_ePCN Application_20230330DWR 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: 2/21/2023 BIMS # Assigned 20230490 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: Tribute Communities 1a. Who is the Primary Contact?* Rhiannon Graham 1b. Primary Contact Email: * rhiannon.graham@terracon.com Date Submitted 3/30/2023 Nearest Body of Water Little Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: 35.63065 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Johnston Is this a NCDMS Project Yes No Longitude: -78.49284 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone: * (760)717-2621 O 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 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. Name(s) on recorded deed: YMCA of the triangle area, INC 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: Tim Carr 2d. Address Street Address 801 Corporate Center Drive Address Line 2 Suite 200 City Stale / Province / Region Raleigh NC Postal/Zip Code Country 27607 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (919)719-6928 2g. Email Address:* tim.carr@ymcatriangle.com 3. Applicant Information (if different from owner) 3a. Name: Mark Maynard 3b. Business Name: Tribute Companies 3c.Address Street Address 332 Military Cutoff Road Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28405 USA 3d. Telephone Number: 3e. Fax Number: (910)444-2149 3f. Email Address: jr@tributecompanies.com 4. Agent/Consultant (if applicable) 4a. Name: Rhiannon Graham 4b. Business Name: Terracon Consultants 4c.Address Street Address 2401 Brentwood Road Address Line 2 Suite 107 city State / Province / Region Raleigh NC Postal / Zip Code Country 27604 USA 4d. Telephone Number: 4e. Fax Number: (760)717-2621 4f. Email Address:* rhiannon.graham@terracon.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Clayton 2. Project Identification 2a. Property Identification Number: 2b. Property size: 165803-04-8891 19.9 Q 2c. Project Address Street Address Amelia Church Road Address Line 2 city Clayton Postal / Zip Code 27520 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Little Creek 3b. Water Resources Classification of nearest receiving water: C;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. 030202011005 4. Project Description and History 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 existing conditions on site consist of mostly undeveloped forest with a small section of agricultural field near Amelia Church Road. The general land use within the vicinity of the project site is a mix of undeveloped land, agricultural land, residential, and commercial 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: 0.53 4g. List the total estimated linear feet of all existing streams on the property: 399 4h. Explain the purpose of the proposed project: * to construct an apartment complex community and access roads. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * 49 apartment buildings, access roads, parking lots, amenities (car wash, clubhouse, pool, grill), storm water ponds, and proposed boardwalk over wetland. Typical grading and construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: Delineation concurrence email provided by Chris Hopper on 6/9/21 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-2021-00885 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Rhiannon Graham Agency/Consultant Company: Terracon Consultants Other: 6. Future Project Plans O Unknown 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 3. Stream Impacts — Buffers 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name * 3e. Stream Type* Type of 3g. S. width 3h. Impact ❑ �[3f. urisdiction * length S1 Road Crossing Permanent Culvert SA UT to Little Creek Perennial Both 98 Average (feet) (linear feet) g2 Road Crossing Permanent Rip Rap Fill SA UT to Little Creek Perennial Both 67 —] Aveage (feet) (linear feet) S3 Road Crossing Temporary Dam construction J SA UT to Little Creek Perennial Both 3 30 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 165 30 3i. Total stream and ditch impacts: 195 3j. Comments: The second impact is for embedded riprap in the stream channel 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 11 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? Elf. Zone 1 impact 6g. Zone 2 impact Allowable upon authorization P SA UT to Little Creek No 11,241 8,385 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 11,241.00 8,385.00 Zone 1 Zone 2 Total combined buffer impacts: 11,241.00 8,385.00 6i. Comments: a total of 0.45 acres of buffer for both impacts 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 the stream are for one proposed road crossing. The site has been designed to reduce impacts as much as practicable. There will be no impacts to the wetlands on site. A boardwalk will be constructed over wetland WB. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The selected contractor would implement best management practices (BMPs), including, but not limited too, the use of straw bale barriers, silt fences, and/or sediment traps to control storm water runoff. All stream work would occur in the dry. The "permanent no -perm loss" category refers to embedded riprap in the streambed. O 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: impacts from culvert placement are less than 0.02 ac of stream channel 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 State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other 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 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 activity is not expected to change the usage classification of Little Creek 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.com and on site evaluations by Terracon biologists. 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? https://www.habitat.noaa.gov/apps/efhmapper/ 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? SHPO, see attached letter 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? fema.gov 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 attachments.pdf 14.95MB File must be PDF or KMZ Comments The "permanent no -perm loss" category refers to embedded riprap in the streambed. 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. O Full Name: Rhiannon Graham Signature Date 3/30/2023