20230551 Ver 1_ePCN Application_20230417

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:
2/8/2023
BIMS # Assigned
20230551
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:
DPC Baseball Academy Site
1a. Who is the Primary Contact?*
Jennifer Burdette
1b. Primary Contact Email: *
[e-mail]
Date Submitted
4/17/2023
Nearest Body of Water
Little Creek
Basin
Neuse
Water Classification
C; NSW
Site Coordinates
Latitude:
35.680669
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:
-78.521390
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 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: 42 - Recreation Facility
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
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:
Vampire Holdings, LLC
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Amelia Pool
2d. Address
Street Address
2001 Landings Way
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27615
us
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Jon S. Rufty
2b. Deed book and page no
2c. Contact Person:
2d. Address
Street Address
5121 Kingdom Way
Address Line 2
Ste. 208
city
Raleigh
Postal / Zip Code
27607
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Murray Pool
3b. Business Name:
DPC Baseball, LLC
3c.Address
Street Address
3901 E Garner Rd
Address Line 2
city
Clayton
Postal / Zip Code
27520
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Burdette
4b. Business Name:
Natural Resource Consultants, LLC
4c.Address
Street Address
308 W. Millbrook Road
Address Line 2
Ste D #200
city
Raleigh
Postal / Zip Code
27609
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
US
3e. Fax Number:
State / Province / Region
NC
Country
US
4e. Fax Number:

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:
1740231030
2c. Project Address
Street Address
3901 E Gamer Rd
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
2b. Property size:
9
State / Province / Region
NC
Country
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 occupied by the DPC Baseball Academy and includes two baseball fields, a parking lot, an indoor baseball training facility, and supporting infrastructure located on East Garner
Road in Clayton, Wake County, NC. Land use within the immediate vicinity of the project is primarily industrial and commercial.
Please refer to the attached Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), NRCS Web Soil Survey (Figure 3), Buffer Subjectivity Soil Survey Map (Figure 313), 2017 Aerial
Map (Figure 4), and 2021 Aerial Map (Figure 5) for more information about the project.
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:
0.73
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to restore 0.196 acre of wetland via the removal of unauthorized fill and to receive after -the -fact approval for 0.485 acre of wetland fill associated
with a baseball field located on the DPC Baseball Academy site. The project also proposes to create 0.269 acre of new wetland onsite within wetland establishment areas and to install a
vegetated wetland Swale that will reconnect the impacted wetland to downstream water resources. The proposed activities are aimed at resolving USACE and DWR violations at the site.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The DPC Baseball Academy provides facilities for youth baseball and softball programs associated with local schools in Wake and Johnston Counties, travel teams, and private training.
The site is currently utilized by Clayton Middle School, Garner Magnet High School, Academic Learning Academy Middle and Highschool, Home School Warriors, Smithfield Selma,
Purpose Driven, Dirtbags Baseball, NC Heat, C35 Baseball, Clutch Sports, Cardinals Baseball, and Top Gun Sports. DPC Baseball Academy also provides youth baseball summer camps
and winter workout camps on the site.
Baseball and softball programs associated with DPC Baseball Academy support a range of players from Little League (ages 4-16; includes Tee Ball, Minor League, Major Division,
Intermediate, Junior League, and Senior League) to junior varsity and varsity school teams. As a result, separate baseball fields (Field 1 and Field 2) are required to meet regulations
associated with differences in gameplay.
Field 1 is utilized by players 12 years old and younger. Per Little League guidelines, the distance between bases for baseball within this age bracket and in all divisions of softball is 60 feet.
The pitching distance for this group is below 46 feet, and the distance from the back of home plate to the outfield fence is 200 feet.
Field 2 is used by players 13 years of age and older. Little League regulations specify that the distance between bases for this age group is up to 90 feet, with a pitching distance of 60
feet, and the distance from the back of home plate to the outfield to be at least 200 feet for Intermediate and softball use and at least 300 feet for Junior and Senior League divisions. Since
the outfield fence is an arch, the centerfield is deeper than the corners. As a result, Field 2 is larger than Field 1 at the DPC Baseball academy site. A typical high school baseball field will
share similar dimensions as a professional field, or about 300 feet down the lines and 400 feet in centerfield. Field 2 measures 303 feet down left field, 259 feet down right field, and 354
feet from home plate to centerfeld.
The fields are spaced approximately 40 feet apart to accommodate regulation grade lighting, walking paths, and bleachers to observe games. If the gap between fields were decreased,
the site could not provide for lighting needs and physical and visual access to the baseball fields would be significantly restricted.
A total of approximately 0.196 acre of unauthorized fill will be removed from Wetland Restoration Areas #1 and #2 via a trackhoe. Fill removal will occur in a systematic top -down method,
in which material will be slowly removed until a hydric soil horizon has been exposed. The area will be graded to match contours at the site and prepared for the application of a regionally
appropriate wetland seed mix. The project also proposes to create wetlands within Wetland Establishment Areas #1 and #2, as indicated on the attached Impact Map. To do so, fill will be
removed from upland areas located beyond the jurisdictional wetland boundary, regraded, and prepared for the application of a wetland seed mix in the same manner as proposed
restoration activities. Proposed wetland establishment areas have been designed to follow the 2-foot contour elevation at the site to ensure the appropriate integration of wetland
restoration and establishment areas.
A vegetated wetland swale will also be established along the toe of slope near left field of Field 2. The wetland swale will connect proposed restoration and establishment areas to Wetland
Restoration Area #2, which ties into an existing wetland that continues offsite. Please reference the attached NOV Remediation Plan and Impact Map.
Spoil from wetland restoration, creation, and swale construction will be relocated to an upland area on a parcel across East Garner Road from the DPC site (PIN 1740231387). The owner
of the property (Jon Rufty) has verbally agreed that spoil will be placed within an upland area on the site and will be contained via the use of erosion control measures and seed
application. NRC is working with the owner to obtain an agent authorization and the Jurisdictional Determination issued for the property. Once received, this information will be forwarded
to the USACE and DWR.
Proposed restoration and establishment activities, and wetland swale installation, will be initiated upon Wake County, USACE, and DWR approval. Approximately 0.485 acre of existing fill
located in Field 2 will remain in place to retain the current baseball field.
Typical earth moving and construction equipment will be utilized for all components of the project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
USACE staff review the delineation on July 18, 2018. DWR issued a buffer determination letter
(NBRRO #18-042) for the property on February 20, 2018.
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-2021-00301
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jay Keller
Agency/Consultant Company: Keller Environmental
Other:
6. Future Project Plans
6a. Is this a phased project?*
Unknown
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
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"
. Type of Jurisdicition *
r(If)
2g. Impact
area *
Permanent
Wetland Impact
Area
Fill/Baseball Field
P
Headwater Forest
W1
No
Both
0.485
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.485
21. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.485
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project will utilize the minimum amount of fill necessary to retain the existing baseball field onsite based on the needs of the facility and standard
field dimensions discussed above.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All equipment will be operated from high ground. The project will adhere to an erosion and sediment control plan approved by Wake County. Best
management practices will also be utilized to ensure there are no impacts to downstream water resources.
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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.71
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
Permanent wetland fill (0.485 AC) associated with Field 2 is to be mitigated at a 2:1 ratio, totaling 0.97 AC of wetland credit. Proposed wetland
establishment areas will create 0.269 AC of wetland onsite. As a result, the remaining 0.71 AC of wetland credit will be obtained via NCDMS (receipt
attached).
The applicant proposes to pay the mitigation in payments over four years. Payments will be guaranteed by placing a lien on the property held by the US
Army Corps of Engineers. Should the permit application be approved, 0.18 wetland credits will be purchased. The same amount of wetland credit will be
purchased by October 1, 2024 and October 1, 2025. For the final installment, 0.17 wetland credits will be purchased by October 1, 2026.
5. Complete if Using a Permittee Responsible Mitigation Plan
0
V

Sa. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan including mitigation credits generated.
As described above, new wetlands will be established in areas on either side of the former wetland to be restored. These areas will require minimal
excavation as they are within the same two -foot contour of the former wetland. A ditch constructed around the current fill through similar uplands
contains wetland hydrology and hydrophytic vegetation. A new swale with an 8-foot bottom width will be constructed around the new fill limit to manage
water Flows such that water will not be impounded. The new swale and proposed establishment areas will be planted with a regionally appropriate
wetland seed mix. Forested areas along the northwestern boundary of the site should provide a sufficient seed source for the eventual reforestation of
the area. The wetland establishment areas proposed are anticipated to perform similarly to the existing ditch to replace wetland functions to the greatest
extent practicable on the site.
Visual monitoring of wetland restoration, establishment areas, and the wetland swale is proposed for three years to assess the success of permanent
vegetative ground cover, maintenance of wetland hydrology, and ensuring that the proposed wetland swale is promoting hydrologic connectivity.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
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
If no, explain why:
A railroad track and easement separate the project area from the nearest downstream riparian 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
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
2b Provide an explanation of the violation(s):
Approximately 0.681 acre of W1 was impacted without authorization during the construction of Field 2 at the DPC Baseball Academy.
A Notification of Unauthorized Activity (SAW-2021-00301) was issued by the USACE on March 1, 2021, indicating that fill was placed within waters of
the US without a Department of Army permit. A follow-up Notification of Unauthorized Activity was issued by the USACE on May 28, 2021.
A Notice of Violation (NOV-2022-PC-0545) was issued on September 22, 2022, by DWR citing a Wetland Standards Violation and Failure to Secure a
401 Certification. A Continuing Notice of Violation was subsequently issued by DWR on January 5, 2022.
Copies of the USACE and DWR notifications are attached.
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 is aimed at resolving outstanding violations on the property through a combination of after -the -fact permitting, wetland
restoration/creation, and wetland mitigation. No additional development at the DPC Baseball Academy is proposed.
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?
The USFWS IPaC web tool (https://ecos.fws.gov/ipac/) and the NC Natural Heritage Program (NHP) Data Explorer
(http://ncnhde.natureserve.org/content/map) were accessed on February 16, 2023, to determine if the project would impact Endangered Species or
Designated Critical Habitat. An official species list for the project area was generated using the USFWS IPaC regulatory review tool. The official species
list identified the Red -cockaded Woodpecker (Picoides borealis), Neuse River Waterdog (Necturus lewisi), Carolina Madtom (Noturus furiosus), Atlantic
Pigtoe (Fusconaia masoni), Dwarf Wedgemussel (Alasmidonta heterodon), Yellow Lance (Elliptio lanceolata), and Michaux's Sumac (Rhus michauxii) as
federally listed species that may occur within the project area. There are no critical habitats within the project area. The NHP report indicates that there
are no records for federally listed species within the proposed project boundary. The USFWS and NHP letters are attached. Because the project involves
removal of fill, it will not affect federally listed species.
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?'�
NOA Essential Fish Habitat (EFH) Mapper (http://www.habitat.noaa.gov/protection/efh/efhmapper/) accessed March 9, 2023.
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? *
Review of the NC State Historic Preservation Office HPOWEB GIS server indicates that there are no National Register listings within a 0.25-mile radius
of the project area. The proposed project pertains to after -the -fact authorization of wetland fill associated with a baseball field and the removal of
unauthorized fill from and restoration of a portion of impacted wetland onsite. Proposed activities will occur entirely on the project site and no impacts to
cultural resources are anticipated as a result of the proposed project.
8. Flood Zone Designation (Corps Requirement)
Be. 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 FIRM Map Number 3720174000J, Panel 1740, effective 5/2/2006.
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
DPC Baseball Ltr + PCN Att_Optimized.pdf 10.23MB
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:
Jennifer Burdette
Signature
WIMW�* Off&e&'rr
Date
4/17/2023
0