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