20230534 Ver 1_ePCN Application_20230414

DW 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:
12/1/2022
BIMS # Assigned
20230534
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Stella View
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email: *
[e-mail]
Date Submitted
4/14/2023
Nearest Body of Water
Lick Creek
Basin
Neuse
Water Classification
WS-IV:NSW
Site Coordinates
Latitude:
35.959641
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Durham
Is this a NCDMS Project
Yes No
Longitude:
-78.812253
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:[e-mail]
1c. Primary Contact Phone:*
[phone]
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 permits) 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. Nani on recorded deed:
Holder Dolle E Partin
2b. Deed book and page no.:
DB:955, DP:668
2c. Contact Person:
2d. Address
Street Address
4814 Holder Rd
Address Line 2
City
Durham
Postal / Zip Code
27703
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Holder Johnny Thomas/ Holder Sherry Lynn
2b. Deed book and page no.:
DBA202, DP:721
2c. Contact Person:
2d. Address
Street Address
1011 Sherron Rd
Address Line 2
city
Durham
Postal / Zip Code
27703
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Sherron Susan Elizabeth
2b. Deed book and page no.:
DB:000921, DP:000521
2c. Contact Person:
Trevor Ennis
2d.Address
Street Address
1003 Sherron Rd
Address Line 2
city
Durham
Postal / Zip Code
27703
2e. Telephone Number:
[phone]
29. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Trevor Ennis
3b. Business Name:
Lennar Carolinas, LLC - Raleigh Division
3c. Address
Street Address
1100 Perimeter Park Drive
Address Line 2
Suite 112
city
Morrisville
Postal / Zip Code
27560
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:

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
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
4f. Email Address:'
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Stella View
1c. Nearest municipality / town:
Durham
2. Project Identification
2a. Property Identification Number:
0850-04-53-2869, 0850-04-54-6072, 0850-04-
64-1127, 0850-04-54-6770,0850-04-54-9713
2c. Project Address
Street Address
1001, 1011, 1031 Sharron Rd
Address Line 2
City
Durham
Postal / Zip Code
27703
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Lick Creek
3b. Water Resources Classification of nearest receiving water:"
WS-IV;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.
030202010502
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
2b. Property size:
62.75
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: x
Existing conditions consist of five parcels all south of Sherron Road. The land is partially wooded with agricultural fields and an aerial electric line along eastern boundary. There are three
wetlands (W1, W2 & W3), three streams (A, B & D) and one pond (Pond 1) within the project boundaries. General land use in the vicinity consists of residential development, 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
O

4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.85 acres of wetlands
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 2,692 LF of streams
4h. Explain the purpose of the proposed project:"
The purpose of the proposed project is to construct a residential subdivision.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Proposed residential subdivision with 281 units (134 townhomes, 87 single-family lots) and the associated public streets and utilities.
The overall project consists of mixed residential development and the construction of roadway infrastructure, utilities, single-family lots, townhome units, mailbox kiosk and stormwater
control measures (SCM). Specifically there are stream, riparian buffer and wetland impacts associated with disturbance areas, utilities, and stormwater discharges. 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-2021-00478
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental 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
DWR NBRRO#21-13 3/12/2021 Chang Zhang
USACE SAW-2021-00478 05/12/2021 April Nortion (email verification)
6. Future Project Plans
6a. Is this a phased project?*
Yes J No
6b. If yes, explain.
Yes, construction and building occupancy will be phased as shown on site plan.
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 J Buffers
Open Waters Pond Construction
2. Wetland Impacts
a
Impact Area 4
2a1 Reason (?)
Stormwater Drainage
2b. Impact type* (?)
P
2c. Type of W.
Headwater Forest
2d. W. name
Wetland 3
2e. Forested"
Yes
2f. Type of Jurisdicition *
?)
Both
2g• Impact
area *
0.017
(acres)
ff��Irlll
/ Grading
P
Headwater Forest
Wetland 3
Yes
Both
0.005
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.022
2g. Total Wetland Impact
0.022

2i. Comments:
3. Stream Impacts
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
❑
(?)
Jurisdiction*
length*
g1
Impact Area 1 - Stormwater
Permanent
Other
Stream A
Intermittent
Both
5
9
drainage - Permanent no
Average (feet)
(linear feet)
permanent loss
g2
Impact Area 2 - Sanitary
Permanent
Rip Rap Fill
Stream A
Both
15
41
Sewer- Line Channel with Rip
Average (feet)
(linear feet)
Rap- Permanent no
r!71
permanent loss
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
50
3i. Total stream and ditch impacts:
50
3j. Comments:
4. Open Water Impacts
3i. Total temporary stream impacts:
0
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
Impact Area 5
Road construction
P
Pond 1
Fill
_11
Pond
0.04
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.04
4h. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
4g. Total permanent open water impacts:
0.04
Tar -Pamlico
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
Impact Area 1- Stormwater Drainage
P
Stream A
No
1,023
1,652
Impact Area 2 - Sanitary Sewer crossing
P
Stream A
No
2,719
2,067
Impact Area 3 - Sanitary Sewer
P
Stream A
No
0
4,219
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1
Zone 2
Total Permanent impacts: 3,742.00
7,938.00
Zone 1
Zone 2
Total combined buffer impacts: 3,742.00
7,938.00

6i. Comments:
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. Impact Area 1 is a proposed storm drain and riprap pad discharging bypass
stormwater. Proposed impacts include permanent -no permanent loss stream and riparian buffer impacts. This impact is necessary in order to comply
with the City of Durham's vertical road design requirements, the grades for St B and St C had to be raised. This resulted in the crossing being raised and
the subsequent impacts to the buffer and stream as a result of the longer slope. Impact Area 2 is a proposed utility crossing necessary to provide
sanitary sewer to the project. Proposed impacts include permanent -no permanent loss stream and associated riparian buffer impacts. Stream impacts
have been minimized by crossing the stream at a near perpendicular angle. Stream bed and banks will be lined with riprap armoring that will not exceed
the stream bed elevation. Impact Area 3 is proposed sanitary sewer necessary to connect to an offsite existing manhole and an SCM discharge. This
impact is to Zone 2 only and is considered "deemed allowable". It was added late in the project map set so we kept this exhibit vs. only identifying on the
Overall similar to the other deemed allowable impacts. Impact Area 41 is a proposed storm drain and riprap pad discharging bypass stormwater.
Proposed impacts include permanent wetland loss. This impact is necessary because of the grade of the adjacent roads, the slope needed and the
distance of the existing tower for the overhead lines. Impact Area 4.1 is proposed grading and fill. Proposed impacts include permanent wetland loss.
This impact is necessary because Duke Energy requires 4:1 slopes inside of their easement. Impact Area 5 is a proposed road crossing. Proposed
impacts include permanent open water impact. This impact is necessary to provide a road connection to the southern portion of the property. Impact
have been minimized by designing the elevation of the road as low as possible. There are five other impact areas to riparian buffers onsite that are
shown on the Overall Site plan, sheet SD-2.0 and are considered "deemed allowable" per NCAC 02b .0714(11)(II)(i) and NCAC 02b .0714(9)(b)(i).
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Double row of silt fence will be provided at limits of disturbance upstream of streams and wetlands. Sediment basins are proposed to capture runoff
upstream of streams and wetlands.
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
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
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Durham
Comments:
L
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.
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 Stella View project is a residential development. Additionally, the project is located within the City of
Durham jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream
waters: We anticipate that the DWR will advise us if any additional information is needed.
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.
1) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers;
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.
Wastewater will discharge to the City of Durham sewer system.
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?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on
February 26, 2021. The USFWS has 30 days to respond from the date of the sent request. S&EC received a response from USFWS within the 30 days
that stated they concur with the determinations made by S&EC, and would like a follow up survey completed for Michaux's Sumac. S&EC will complete
this survey within the growing season of 2023. The S&EC determinations were that the proposed project is not likely to adversely affect any federally -
listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered
Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report.
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 February 15, 2021, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. Additionally, SHPO was not concerned with any structures on
property.
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
n
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
PCN Attachments —Stella View.pdf 28.81 MB
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
Signature
�ot2i• t�fi'tln�
Date
4/14/2023
0