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HomeMy WebLinkAbout20230174 Ver 1_ePCN Application_20230418DW 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: 10/13/2021 BIMS # Assigned 20230174 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov Information for Initial Review 1a. Name of project: The Point North 1a. Who is the Primary Contact?* Jennifer Burdette 1b. Primary Contact Email: * burdette@nrconsuItnc.com Date Submitted 4/18/2023 Nearest Body of Water Harris Creek Basin Neuse Water Classification C; NSW Site Coordinates Latitude: 35.909694 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: -78.457645 Version#* 1 Reviewing Office* Raleigh Regional Office - (919) 791-4200 1c. Primary Contact Phone:* (919)422-3605 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 /30/2023 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 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: Ashton Raleigh Residential LLC 2b. Deed book and page no.: 017720/01663 2c. Contact Person: Raymond Rinker 401 Water Quality Certification - Express Riparian Buffer Authorization * Yes No Yes No 2d. Address Street Address 4025 Lake Boone Trail Address Line 2 Ste 200 city Raleigh Postal / Zip Code 27607 2e. Telephone Number: (919)232-3655 2g. Email Address:* raymond.rinker@astonwoods.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Burdette 4b. Business Name: Natural Resource Consultants LLC 4c.Address Street Address 308 W Millbrook Rd Address Line 2 Ste D #200 city Raleigh Postal / Zip Code 27609 4d. Telephone Number: (919)422-3605 4f. Email Address:* burdette@nrconsultnc.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: 1768051864 2c. Project Address Street Address Genovese Drive Address Line 2 City Rolesville Postal / Zip Code 27571 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Harris Creek 3b. Water Resources Classification of nearest receiving water:" C; NSW State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 45 State / Province / Region NC Country USA M 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 proposed project is in Rolesville, Wake County, North Carolina, and will be accessed via Genovesa Drive. Genovesa Drive is associated with an existing residential development known as Cedar Lakes. The project parcel is adjacent to the Villages of Rolesville and Cedar Lakes residential communities and abuts Highway 401 (Lousiburg Road) along the eastern boundary of the project parcel. A sanitary sewer easement is located within the western boundary of property. The site is currently undeveloped. Land use within the vicinity of the project is primarily residential. This application was previously submitted on January 30, 2023. An unnamed tributary to Harris Creek located in proposed Impact Area 1 has since been resurveyed to correctly reflect the stream's top -of -bank. This information was inaccurate on the previously submitted documentation and has been updated to reflect new stream impact totals. During this review, we found the buffer from an off -site stream (Stream 19) would be impacted by the proposed road crossing (Impact Area 1 - 135). The limits of disturbance for a proposed greenway trail associated with Impact Area 4 have also been updated to maintain a forested buffer on Harris Creek. The application and impact maps have been revised to include the additional buffer impact and revise buffer quantities as appropriate. Please refer to the attached USGS Location Map (Figure 1), Wake County Soil Survey Map (Figure 2), and Aerial Map (Figure 3) for more information on the project setting 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: 0.085 4g. List the total estimated linear feet of all existing streams on the property: 4,650 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to provide residential housing to serve the current and future residents of Rolesville. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The infrastructure necessary to support the proposed 120-single-family lot development includes roads, sidewalks, a sanitary sewer connection, three stormwater control measures, and a greenway trail. The proposed project includes four stream crossings. The primary stream crossing is for an access road that ties into Genovesa Drive. Two stream crossings, comprised of a pedestrian bridge and a 10 LF extension of an existing culvert, respectively, are related to a proposed greenway trail that spans the western and southwestern border of the property. The proposed greenway trail will follow a sanitary sewer easement and connect to an existing tunnel under U.S. Route 401. The trail will provide greenway access to residents of The Point North, The Point South, The Villages of Rolesville, and Cedar Lakes. The remaining stream crossing is temporary and associated with connecting to an existing sanitary sewer line. An impact map depicting the proposed stream and buffer impacts and the site layout is attached. Heavy equipment typical for earth -moving and construction would be utilized for the proposed projects, such as track hoes, dump trucks, and graders. A pump around system will be utilized to separate construction from flowing streams for all proposed stream impacts. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No 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-2008-00871 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Lyle Phillips Agency/Consultant Company: Withers & Ravenel Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR James Lastinger of the USACE field verified jurisdictional features at the site on 1/15/2019. A PJD map and confirmation email are attached. A Buffer Determination (RRO# 18-446) was issued by NCDEQ on January 22, 2019, and is attached. 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 0 V 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries 0 Buffers Open Waters Pond Construction 3. Stream Impacts F I 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 IA 1 - Pump -Around Temporary Dewatering Stream 18, UT Harris Ck Perennial Both 16 Averege (feet) (linear feet) S2 IA 1 - Culvert Permanent Culvert Stream 18, UT Harris Ck Perennial Both 87 Average (feet) (linear feet) S3 IA 1 - Riprap Dissipator Permanent Rip Rap Fill Stream 18, UT Harris Ck Perennial Both 7 29 Averege (feet) (linear feet) S4 IA 4 - Sanitary Sewer Temporary Excavation Stream 14, Harris Ck Perennial Both 10 32 Connection Average (feet) (linear feet) S5 IA 4 - Culvert Extension Permanent Culvert Stream 14, Harris Ck Perennial Both 11 10 Averege (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 126 48 3L Total stream and ditch impacts: 174 3j. Comments: Permanent stream loss associated with the project (S2 and S5) is 532 LF/0.012 AC. IA = Impact Area 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 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact IA 1/B1 - Crossing/Culvert - AUA P Stream 18 (UT Harris Ck) No 8,006 5,912 IA 2/B2 - Greenway Trail - ALA P Stream 14 (Harris Ck) No 4,651 7,857 IA 3/B3 - Pedestrian Bridge - ALA IA 4/64 - Greenway Trail/Culvert Extension - AUA P P Stream 16 (UT Harris Ck) Stream 14 (Harris Ck) No No 119 8,440 1,779 10,164 IA 1/B5 - NonPerpend Rd - AMUA P Stream 19 (UT to Harris Ck) Yes 254 913 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 21,470.00 26,625.00 Zone 1 Zone 2 Total combined buffer impacts: 21,470.00 26,625.00 6i. Comments: AUA = Allowable upon Authorization AMUA = Allowable with Mitigation upon Authorization Buffer impacts for the road crossing in Impact Area 1 were reduced due to the top of bank revision. Buffer quantities were also revised to reflect Zone 1 of the off -site buffered stream (Stream 19), and an additional buffer impact (135) from the nonperpendicular buffer impact was added. The previously submitted Impact Exhibits incorrectly showed a buffer on Stream 16 (Impact Area 3) that is not subject to the buffer rule. The buffer quantities have been revised to reflect this correction. Buffer impacts for the greenway trail in Impact Area 4 have been reduced by limiting the disturbance to maintain as much forested buffer along the stream bank as possible. 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: The applicant obtained a delineation of surface waters and wetlands on the site prior to designing the project to avoid and minimize impacts to these resources to the maximum extent practicable. The stream crossing associated with the road extension from Genovesa Drive provides the only available option for accessing the site. Other potential entry routes are inaccessible due to previous development and/or are located offsite. Even if alternative access routes were available from the neighboring properties, the project would still require at least one stream crossing for site access. The proposed greenway trail alignment was selected because it requires the least amount of stream crossings on Harris Creek and/or unnamed tributaries and avoids steeper topography on the site. A bridge is proposed for one of the two crossings associated with the greenway trail, and will span entirely from top -of -bank to top -of -bank. Impacts for the proposed bridge are for the riparian buffer only. The remaining greenway trail crossing will utilize an existing culvert that will be extended by 10 LF. The proposed trail follows an existing sanitary sewer easement in order to minimize riparian buffer impacts. The limits of disturbance associated with the proposed greenway trail has been adjusted to provide a minimum of five feet of forested riparian buffer. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A sediment and Erosion Control Plan for the project will be planned and approved by the Wake County Stormwater and Erosion Control Division, and the project will comply with the supplementary NPDES Construction Stormwater Permit (NCG010000). All construction equipment will be operated from high ground. A pump around system will be utilized for proposed stream impacts in order to separate the construction area from the flowing stream. Culverts will be buried 1-foot on the centerline of the stream channel to maintain aquatic passage. Clean riprap associated with culvert dissipators will be embedded to maintain the original stream profile and bed elevation. 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: The project involves 0.012 acre and 97 linear feet of stream loss, below the mitigation thresholds of 0.02 acre for the USACE and 300 linear feet for DWR, and does not involve wetland impacts. 6b. If yes, then identify the square feet of impact. 6c. Reason for impact 6d. Total impact (square �ru feet) ltiplier 6e. Required mitigation (square feet) Zone 1 Nonperpendicular Road Impact 254 3 762 Zone 2 Nonperpendicular Road Impact 913 1.5 1,370 6f. Total buffer mitigation required 2,132 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6j. Comments: See the attached Statement of Availability for the mitigation banks that may be used. 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 O 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. Rolesville Comments: Per Town of Rolesville regulations, stormwater management shall meet the stormwater management performance standards for development set forth in the Rolesville Unified Development Ordinance Article 7, Section 7.5.4 — Standards. To meet the above Town of Rolesville standards, three stormwater control measures (SCMs) have been proposed. G. Supplementary Information O 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. This application addresses the entirety of The Point North residential development. Residents moving into newly developed housing units can obtain all goods and services from existing facilities along Highway 401. It is not anticipated that the proposed project will result in additional development that could impact nearby downstream water quality. 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 generated from The Point North will be discharged to the existing sanitary 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 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 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? A protected species assessment was submitted to the USFWS for The Point North on February 15, 2022. Email of the submittal, self -certification letters, and species conclusion tables are attached. To date, no response has been received. A draft protected species email is also attached for the USACE use in USFWS consultation. 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? NOAA Essential Fish Habitat (EFH) Mapper (http://www.habitat.noaa.gov/protection/efh/efhmapper/) accessed January 18, 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? The attached SHPO letter dated April 6, 2022 indicates the agency is aware of no historic resources which would be affected by the project. 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? * FIRM Map Number 3720176800K, Panel 1768, effective 7/19/2022 and Map Number 3720175800K, Panel 1758, effective 7/19/2022. 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 Point N 404401 Ltr + Attachments -Revised 2023-04-18_Optimized.pdf 10.99MB 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 0&wot Offt4mt L.7 Date 4/18/2023