HomeMy WebLinkAbout20180052 Ver 2_ePCN Application_20230405DW 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:
1 /8/2018
BIMS # Assigned
20180052
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
1a. Name of project:
Kalas Falls Subdivision
1a. Who is the Primary Contact?*
Rick Toone
1b. Primary Contact Email: *
rtrone@withersravenel.com
Date Submitted
4/5/2023
Nearest Body of Water
Harris Creek
Basin
Neuse
Water Classification
C;NSW
Site Coordinates
Latitude:
35.889487
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:
-78.458782
Version#*
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas@ncdenr.gov
1c. Primary Contact Phone:*
(919)538-8184
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
Please provide the date of the previous submission.
1 /8/2018
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:
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
03 - Maintenance
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
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:
Mitchell Mill Road Investors
2b. Deed book and page no.:
017691 /01863
2c. Contact Person:
Karl D. Blackley
401 Water Quality Certification - Express
Riparian Buffer Authorization
*
Yes No
Yes No
2d. Address
Street Address
105 Weston Estates Way
Address Line 2
city
Cary
Postal / Zip Code
27513
2e. Telephone Number:
(919)481-3000
2g. Email Address:*
karl@prestondev.com
4. Agent/Consultant (if applicable)
4a. Name:
Rick Trone
4b. Business Name:
WithersRavenel
4c.Address
Street Address
115 MacKenan Drive
Address Line 2
city
Cary
Postal / Zip Code
27511
4d. Telephone Number:
(919)538-8184
4f. Email Address:*
rtrone@withersravenel.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Rolesville
2. Project Identification
2a. Property Identification Number:
Subdivision - PINS: 1767085836, 1767175039
& 1767275368 Offsite Sewer - 1758912130,
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1768216907, 1758908610, 1767293887,
2b. Property size:
1757993263,1758901417 & 1758902622
±143.7
2c. Project Address
Street Address
1832 Rolesville Road
Address Line 2
city
State / Province / Region
Rolesville
NC
Postal / Zip Code
Country
27571
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Harris Creek
3b. Water Resources Classification of nearest receiving water:
QNSW
3c. What river basin(s) is your project located in? *
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010703
4. Project Description and History
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 project consists of agricultural fields in the southeaster portion with the majority of the project site consisting of undeveloped woodlands. Some construction work began onsite in 2022
and is ongoing. Additionally, the project area contains two ponds, four streams, and five wetlands. The general land use in the vicinity of the project consists primarily of residential and
agricultural land use.
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).
SAW-2017-00595
NCDWR# 18-0052
4f. List the total estimated acreage of all existing wetlands on the property:
±42
4g. List the total estimated linear feet of all existing streams on the property:
±4,217
4h. Explain the purpose of the proposed project:"
The purpose of the proposed project is to construct a single-family residential subdivision (NWP 29) to meet the growing demand for single family housing in the Rolesville area.
Additionally, the project also includes the rehabilitation of the existing pond dam (NWP 3) located in the southern portion of the property.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project consists of the construction of a 196-lot single family residential subdivision and associated infrastructure, including roads, utilities, greenway trail, stormwater management
and recreational area. Additionally, the project requires the construction of an offsite sewer line, which will run from the proposed subdivision to an existing City of Raleigh sewer line
located northwest of the project on Upchurch Lane.
An existing pond dam is not structurally sound, and therefore will be removed and reconstructed to current dam safety requirements. The dam will be reconstructed primarily within the
footprint of the existing dam, with minor deviations.
NWP 29 - Subdivision
The proposed impacts for construction of the proposed subdivision under a NWP 29 consist of 0.006 acres of permanent wetland impacts, 0.023 acres of temporary wetland impacts, 239
If of permanent stream impacts, 35 If of temporary stream impacts, 0.23 acres of permanent open water (pond) impacts, 74,175 sf of permanent buffer impacts and 8,976 sf of temporary
buffer impacts for construction of the proposed subdivision and offsite sewer line.
The proposed permanent wetland and stream impacts will occur as a result of construction of internal roads for access to developable uplands within the project. The proposed design
results in two perpendicular stream crossings for internal roads.
The first stream crossing (Area 2/Impact 6) will result in 92 If of permanent stream impacts (perennial), 20 If of temporary stream impacts and 0.01 acres of temporary wetland impacts, as
well as 5,344 sf of permanent Zone 1 buffer impacts and 3,393 sf of permanent Zone 2 buffer impacts. The crossing has been designed to install two culverts, consisting of a 60-inch RCP
and 54-inch RCP, both of which are 78-If long. The culverts will be installed at staggered depths, with the base flow provided by the 60-inch RCP, which will be buried at least 12 inches
below the existing stream bed to allow for aquatic life passage during periods of low flow. During construction, downstream flow will be maintained by the construction of a temporary
bypass channel to allow for work in the dry. The cross-section and plan and profile details of the culverts, and detail for the bypass channel are noted on sheet G5A (Culvert C), which has
been included in the Impact Exhibits. Please note that the total buffer impacts for this crossing are less than 1/3 acre, and therefore is classified as "Allowable".
The second stream crossing (Area 3/Impact 10) will result in 147 If of permanent stream impacts (perennial), 15 If of temporary stream impacts and 0.003 acres of temporary wetland
impacts, as well as 8,098 sf of permanent Zone 1 buffer impacts and 5,268 sf of permanent Zone 2 buffer impacts. The crossing has been designed to install two 84-inch RCP culverts,
both of which are 118-feet long. The culverts will be installed at staggered depths, with the lower culvert being buried at least 12 inched below the stream bed. Baffles will be installed on
both ends of the culvert, and throughout the culvert, in order to confine base flow to mimic the existing conditions. During construction, downstream flow will be maintained by the
construction of a temporary bypass channel to allow for work in the dry. The cross-section and plan and profile details of the culverts, and detail for the bypass channel are noted on sheet
G9A (Culvert D), which has been included in the Impact Exhibits. Please note that the total buffer impacts for this crossing are less than 1/3 acre, and therefore is classified as "Allowable".
A road crossing has been designed to cross the onsite pond (Pond 1) at the head of the pond near the southern property boundary, which will result in 0.23 acres of open water impacts
(Impact 1), as well as 9,094 sf of permanent Zone 1 buffer impacts (Impacts 2 & 3) and 7,060 sf of permanent Zone 2 buffer impacts. The crossing has been designed to install two 48-inch
RCP culverts in order to maintain downstream flow from drainage on the property to the south. This crossing is necessary to meet the Town of Rolesville's interconnectivity and emergency
management access requirements. Additionally, these will become public roads, and therefore he Town of Rolesville would not allow the road to be built across the dam due to future
maintenance and liability issues. Therefore, the road crossing was designed to cross the head of the pond in order to avoid additional stream impacts associated with a road crossing
below the pond. The proposed road crossing has been aligned along and existing farm road above the pond. There is currently an undersized culvert in the farm road that causes a
backup of water on the adjacent property during rain events. The overall upstream drainage will be improved by the proposed 48-inch culverts. During construction, drainage from the
property to the south will be maintained through construction of a temporary bypass channel to allow for work in the dry. The cross-section and plan and profile details of the culverts, and
detail for the bypass channel are noted on sheet G4A (Culvert A), which has been included in the Impact Exhibits. Please note that the design of this road crossing is actually two separate
perpendicular buffer crossings, each of which is less than 1/3 acre of buffer impacts, and therefore is "Allowable".
Impacts 6B (14 If) and 10B (28 If) result in 42 If of permanent stream impacts and will occur from construction of rip -rap dissipator pads below the culverts for the road crossings. The rip -
rap is a requirement as a sediment and erosion control measure to dissipate velocity and prevent erosion of the stream. The rip -rap dissipators have been designed so that the rip -rap will
be buried such that the top of the rip -rap matches the pre -construction elevation of the stream bed. This design allows for the stream impact areas to continue functioning as a natural
stream by maintaining natural water depths and allowing for passage of aquatic life, and therefore will not result in functional loss.
The construction of the stormwater management system will result in 550 sf of permanent Zone 1 impacts and 3,776 sf of permanent Zone 2 impacts for grading for the BMPs and
construction of the high flow bypass channels. The proposed wet detention ponds have been designed to meet TN and TSS removal, and diffuse flow is not required.
The offsite gravity sewer will result in 0.02 acres of temporary wetland impacts, 5,979 sf of permanent Zone 1 buffer impacts, 24,550 sf of permanent Zone 2 buffer impacts associated with
the permanent 20' easement for the offsite gravity sewer. Please note that the sewer easement has been designed to cross the buffers perpendicularly, which is "Allowable". Where the
easement is located within the buffers running parallel to the stream, the alignment has been restricted to Zone 2 only, which is "Allowable". Additionally, the sewer has been designed to
cross the streams via aerial crossing in order to avoid stream impacts for construction of the sewer.
The construction of the sewer line will also require 5' temporary construction easement on each side of the easement, which will result in 2,153 sf of temporary Zone 1 buffer impacts and
6,823 sf of temporary Zone 2 buffer impacts. Upon completion of the sewer construction, the temporary impact areas will be restored to natural grade and revegetated. Please note that
the offsite sewers have recorded sewer deeds.
NWP 3—Pond Dam Rehab
The proposed impacts for rehabilitation of the existing pond dam (Pond 1) consist of 62 If of permanent stream impacts, 0.01 acres of permanent open water impacts, 0.078 acres of
temporary open water impacts, 3,915 sf of permanent Zone 1 impacts, 465 sf of temporary Zone 1 impacts and 1,300 sf of temporary Zone 2 impacts.
The 62 If of permanent stream impacts (Impact 25) and 571 sf of permanent Zone 1 impacts (Impact 29) will result from construction of a dissipator below the upgraded ouffall, in order to
prevent erosion and sedimentation of downstream waters. Currently, the ouffall channel has eroded through the dam as a result of failure of the existing outall structure.
During construction, a temporary cofferdam will be constructed within the bottom of the drained pond in order to provide erosion and turbidity control for the existing drainage to the pond.
Upon completion of the dam reconstruction, the coffer dam will be removed.
The 0.01 acres of permanent open water impacts (Impact 27) and 646 sf of permanent Zone 1 impacts (Impacts 29 & 32) will result from reconstruction of the dam where the footprint of
the new dam extends outside of the existing footprint.
During the dam reconstruction, the non-functioning auxiliary spillway will be improved to the correct size, and will consist of a vegetated spillway, which will result in 3,266 sf of permanent
Zone 1 impacts (Impact 28).
The 465 sf of permanent Zone 1 impacts (Impacts 31 & 33) and 1,300 sf of temporary Zone 2 impacts (Impact 30) will result from grading for installation of sediment and erosion control
measures and temporary construction access for reconstruction of the dam. The temporary Zone 1 impacts and majority of temporary Zone 2 impacts will occur within buffer that consists
of mowed grass within the access around the pond. A very small portion of the outer edge of the Zone 2 impacts consists of forested buffer. Upon completion of construction, the forested
portions of the Zone 2 impact at Impact 30 will be replanted with tree saplings to restore the forested buffer.
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-2017-00595
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: WithersRavenel
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The USACE issued a Preliminary JD for the Kalas Falls project (SAW-2017-00595) on 05/09/17. The Preliminary JD covers the Kalas Falls Subdivision project area (Former PINS:
1767178299 & 1767083228), as well as a portion of the offsite sewer located on the parcel previously owned by The Watkins Family LLC (PIN: 1757994300). A copy of the PJD has been
provided as an Appendix. Note that since issuance of the PJD, some PIN's associated with the project parcels have changed, however the site limits remain the same. A Preliminary JD
Request Specific to the offsite sewer was included in the previous submittal.
NCDWR issued a Buffer Determination Letter for the Kalas Falls project (NBRRO #17-028) on 02/10/17. The Buffer Determination Letter covers the Kalas Falls Subdivision project area
(Former PINS: 1767178299 & 1767083228), as well as a portion of the offsite sewer located on the parcel previously owned by The Watkins Family LLC (PIN: 1757994300). A copy of the
NCDWR Buffer Determination Letter has been provided as an Appendix.
The subjectivity to riparian buffers is conceded with the offsite sewer line, and therefore a formal Buffer Determination was not requested.
NCDWR issued a 401 WQC and Buffer Authorization on 2/8/2018.
NWP's 3 & 29 were issued for the project on 3/18/2018.
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.
D. Proposed Impacts Inventory l^U
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
6D
Road Fill/Backslopes
t
Headwater Forest
Wetland C
Yes
Both
0.006
(SUbdIVISIOn)
(acres)
6E (Subdivision)
Temp disturbance for
T
Headwater Forest
Wetland C
Yes
Both
0.003
road construction
(acres)
Temp const. easement
T
Headwater Forest
Wetland K
Yes
Both
0.020
(7A )
Subdivision
for sewer
(acres)
2g. Total Temporary Wetland Impact
0.023
2g. Total Wetland Impact
0.029
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.006
3a. Reason for impact 3b.lmpact type" 3c. Type of impact" 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact (?)
(?) 11 Jurisdiction* length*
S1
6A - Road Crossing
Permanent
Culvert
Stream 3
Perennial
Both
78
(Subdivision)
Average (feet)
(linearfeet)
g2
10A - Road Crossing
Permanent
Culvert
Stream 3
Perennial
Both
119
(Subdivision)
Averege (feet)
(linearfeet)
S3
10B - Dissipator pad
Permanent
Rip Rap Fill
ftream
Perennial
Both
8
28
(Subdivision)
Average (feet)
(linearfeet)
S4
-Temp impacts for culvert
F
Temporary
Other
Stream 3
Perennial
Bothtall
(Subdivision)
Average (feet)
(linearfeet)
S5
6F - Temp impacts during
Temporary
Other
Stream 3
Perennial
Both
15
culvert install (Subdivision)
Averege (feet)
(linearfeet)
9-1
0C - Temp impacts for
Temporary
Other
Stream 3
Perennial
Bothulvert
install (Subdivision)
Average (feet)
(linearfeet)
S7
1OD - Temp impacts for
Temporary
Other
Stream 3
Perennial
Both
10
culvert install (Subdivision)
Averege (feet)
(linearfeet)
S8
25 - Construction of
Permanent
Rip Rap Fill
Stream 3
Perennial
Both
8
62
dissipator below upgraded
Average (feet)
(linearfeet)
outfall for dam rehab (Dam
Rehab)
S9
6B - Dissipator pad
Permanent
Rip Rap Fill lff:7
Perennial
Both
14
(Subdivision)
Averege (feet)
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
301
3i. Total stream and ditch impacts:
336
3i. Total temporary stream impacts:
35
3j. Comments:
The NWP 29 request for the proposed subdivision includes 274 If total of stream impacts. The NWP 3 request for the dam rehab includes 62 If of stream
impacts.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type �114s.
Waterbody type
4f. Impact area
Impact 1
Road Crossing
P
Pond 1
-11
Other
Pond
0.23
Impact 26
Grading for cofferdam
and erosion control
during const of dam
rehab
T
Pond 1
Other
Pond
0.08
Impact 27
Grading for expansion
of existing dam footprint
t
Pond 1
Stabilization
Pond
0.01
4g. Total temporary open water Impacts:
0.08
4g. Total open water impacts:
0.32
4h. Comments:
Impact 1 is requested under NWP 29 and Impacts 26 and 27 are requested under NWP 3.
Open water impacts will occur from construction of a road crossing at the head of the pond.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
p Neuse
O Catawba
Goose Creek
Other
4g. Total permanent open water impacts:
0.24
Tar -Pamlico
L
Randleman
[ Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
2 - Perpendicular Road Crossing (Subdivision)
P
LIT to Harris Creek
No
8,367
4,819
3 - Perpendicular Road Crossing (Subdivision)
P
LIT to Harris Creek
No
727
2,241
4 - Stormwater Outfall (Subdivision)
P
LIT to Harris Creek
No
0
376
5 - Stormwater Outfall (Subdivision)
P
UT to Harris Creek
No
0
285
7 - Perpendicular Road Crossing (Subdivision)
P
UT to Harris Creek 11
No
5,344
3,393
8 - BMP/Outfall (Subdivision)
P
UT to Harris Creek
No
513
1,484
9 - BMP/Outfall (Subdivision)
P
UT to Harris Creek
No
37
1,911
11 - Perpendicular Road Crossing (Subdivision)
P
UT to Harris Creek
No
4,059
2,656
12 - Perpendicular Road Crossing (Subdivision)
P
UT to Harris Creek
No
4,039
2,612
13 - BMP/Outfall (Subdivision)
P
UT to Harris Creek
No
0
96
14A - Sewer Easement (Perp) (Subdivision)
P
UT to Harris Creek
No
2,413
687
15A - Sewer Easement (Non-Perp-Parallel)
P
UT to Harris Creek
No
0
1,208
(Subdivision)
16A - Sewer Easement (Non-Perp-Parallel)
f
UT to Harris Creek
No
0
(Subdivision)
t
17B - Sewer Easement (Perp) (Subdivision)
P
UT to Harris Creek
No
1,471
2,663
18A - Sewer Easement (Non-Perp-Parallel)
P
UT to Harris Creek
No
0
1,863
(Subdivision) (Subdivision)
19A - Sewer Easement (Non-Perp-Parallel)
P
UT to Harris Creek
No
1,905
(Subdivision)
L
20A - Sewer Easement (Non-Perp-Parallel)
P
UT to Harris Creek
No
612
(Subdivision)
L
21A - Sewer Easement (Perp) (Subdivision)
P
UT to Harris Creek
No
2,095
2,067
22A - Sewer Easement (Non-Perp-Parallel)
P
UT to Harris Creek
No
0
270
(Subdivision)
23A - Sewer Easement (Non-Perp-Parallel)
P
UT to Harris Creek
No
0
3,335
(Subdivision)
24A - Sewer Easement (Non-Perp-Parallel)
P
UT to Harris Creek
No
0
10,472
(Subdivision)
14B - Temp Sewer Construction Corridor
T
UT to Harris Creek
No
790
275
(Subdivision)
15B - Temp Sewer Construction Corridor
T
UT to Harris Creek
No
0
932
(Subdivision)
17C - Temp Sewer Construction Corridor
T
UT to Harris Creek
No
719
708
(Subdivision)
18B - Temp Sewer Construction Corridor
T
UT to Harris Creek
No
0
1,074
(Subdivision)
19B - Temp Sewer Construction Corridor
T
UT to Harris Creek
No
8
1,167
(Subdivision)
20A - Temp Sewer Construction Corridor
T
UT to Harris Creek
No
0
370
(Subdivision)
21 B - Temp Sewer Construction Corridor
T
UT to Harris Creek
No
636
598
(Subdivision)
22B - Temp Sewer Construction Corridor
T
UT to Harris Creek
No
0
666
(Subdivision)
23B - Temp Sewer Construction Corridor
T
UT to Harris Creek
No
0
793
(Subdivision)
24B - Temp Sewer Construction Corridor
T
UT to Harris Creek
No
0
240
(Subdivision)
28 - Grading for Aux Spillway (Dam Rehab)
P
UT to Harris Creek
No
3,266
0
29 - Grading for Dam Rehab
P
UT to Harris Creek
No
571
0
32 - Grading for Dam Rehab
P
UT to Harris Creek
No
78
0
30 - Grading for Erosion Control (Dam Rehab)&
T
UT to Harris Creek
F
0
1,300
Temp Access
31 - Grading for Erosion Control (Dam Rehab)
T
UT to Harris Creek
F
29
0
& Temp Access
33 - Grading for Erosion Control (Dam Rehab)
T
UT to Harris Creek
No
436
0
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 2,618.00 8,123.00
Zone 1 Zone 2
Total Permanent impacts: 32,980.00 45,110.00
Zone 1 Zone 2
Total combined buffer impacts: 35,598.00 53,233.00
6i. Comments:
All proposed riparian buffer impacts are classified as "Allowable". All proposed road crossings will cross the riparian buffers perpendicularly and result in
less than 1/3 acre of buffer impacts at each crossing. The proposed sewer easement will cross the streams at perpendicular angles. The proposed
sewer easement running parallel to the stream, resulting in permanent non -perpendicular impacts have been limited to within Zone 2 only, which is
"Allowable". The temporary sewer construction corridors will result in temporary impacts to both Zone 1 and Zone 2, and these are classified as
"Temporary Road disturbing more than 2500 If, which is "Allowable". The buffer impacts associated with the dam rehabilitation are classified as
"Allowable".
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:
NWP 29
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be
minimized.
Proposed permanent impacts have been minimized to only those impacts necessary to construct internal roads to access developable uplands and
construction of an offsite gravity sewer line to connect the proposed project to an existing City of Raleigh sewer line located northwest of the project on
Upchurch Lane. Road crossings have been designed to cross the onsite perennial stream at perpendicular angles to minimize stream and riparian buffer
impacts. The road crossing at the head of Pond 1 was designed to cross the head of the pond in order to avoid additional impacts to the perennial
stream from an additional crossing below the pond dam.
The offsite sewer line has been designed to cross the streams with aerial crossings in order to avoid stream impacts. Additionally, the offsite sewer
easement has been aligned to maximize use of existing roads and driveways to minimize impacts.
NWP3
The proposed dam reconstruction has been designed to minimize impacts as much as possible. The dam will be reconstructed within the footprint of the
existing dam where possible, with only minor deviations as needed to tie dam fill to existing grade. The 62 If of permanent stream impacts are necessary
to install a dissipator below the ouffall in order to prevent erosion and protect water quality of downstream waters.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Installation of culverts will be conducted in the dry (if necessary) by installing bypass channels to maintain flow during construction. Access during
construction will occur from high ground. Sediment and erosion control measures will be installed around all disturbed areas to prevent sediment from
escaping into adjacent waters.
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
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
L
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
Local Government Stormwater Programs
Phase h NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Wake County
Comments:
The stormwater management plan consists of eight wet detention ponds which provide required TN and TSS removal and therefore diffuse flow is not required. The stormwater
management plan will be reviewed and approved by Wake County as the designated local authority.
G. Supplementary Information
1. Environmental Documentation
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.
The proposed project does not have any currently planned future phases. However, the project will expand the City of Raleigh's sewer system, providing
connections to adjacent lands that could potentially be developed in the future. Future development on adjacent land will be required to meet both state
and Wake County stormwater regulations which will protect the water quality of nearby downstream waters.
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.
City of Raleigh sanitary sewer.
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
n
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?
On 3/112023, WR generated an official species list using USFWS' Information form Planning and Consultation (IPaC), located at
https://ipac.ecosphere.fws.gov/ which is attached. The IPaC Species List identified Tricolored Bat (proposed endangered), Red Cockaded Woodpecker
(RCW) (endangered), Neuse River Waterdog (threatened), Carolina Madtom (endangered), Atlantic Pigtoe (Threatened), Dwarf Wedgemussel
(Endangered), and Michaux's Sumac (endangered) as potentially occurring within the vicinity of the project. The IPaC did not identify any critical habitat
within the proposed project.
WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify
known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The 3/1/2023 NCNHP Project Review Letter
did not identify any known occurrences of federally listed species within 1.0 miles of the Project.
The project site is vacant and largely wooded with areas of mature mixed hardwood and pine forest. Pedestrian surveys did not identify any occurrences
of Michaux's Sumac or RCW. There is no suitable habitat for RCW within or adjacent to the project area. Very marginal habitat for Michaux's Sumac was
determined to exist in the review area based on the need for full sunlight and periodic mowing however the vast majority of the site is heavily wooded.
Therefore, the proposed project will not adversely affect RCW or Michaux's sumac.
There is no suitable habitat for listed aquatic species within the project area as onsite streams are small with shallow base flow. Based on a lack of
suitable onsite habitat and anticipated sediment and erosion control measures installed prior to development of the project, WR concludes the proposed
project will not effect listed aquatic species.
The USFWS proposed to list the tricolored bat as an endangered species under the Endangered Species Act on September 13, 2022, largely because
of white -nose syndrome, a disease that affects cave -dwelling bats and is decimating hibernating bat species. There has been no critical habitat
designated for the tricolored bat at this time. The USFWS has no definitive guidance on tricolored bat but are working towards developing guidelines by
the time the listing is finalized. Based on the review of the NCNHP GIS data there are no known occurrences of the tricolored bat within 1.0 miles of the
review area. Suitable habitat for Tricolored Bat (Proposed Endangered) may exist within the project area within the areas of mature trees. There are no
structures, culverts, or caves located on the project site. Targeted surveys have not been conducted for tricolored bat. Tree clearing will be necessary for
construction of the proposed project. However, it is our opinion that the project will not adversely affect the tricolored bat.
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?
There are no waters classified as EFH in Wake County.
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?
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known
historic or cultural resources within or in the vicinity of the proposed project. The database review identified the Whitley-Bratcher House (HPO Site ID:
WA1819) located on the eastern portion of property near Rolesville Road. The Whitley-Batcher House consisted of a 1910's cottage and associated farm
buildings. This structure and farm buildings was demolished in 2010-2011, as noted in the SHPO records. There are no other historic structures noted in
the vicinity of the proposed project. Therefore, the proposed project will have no impact on historic resources.
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 flood maps.
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
Kalas Falls_NWP 3 and 29_Final_2023-04-05.pdf 20.19MB
File must be PDF or KMZ
Comments
Please see attached Cover Letter and documentation.
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:
Rick Trone
Signature
Date
4/5/2023