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HomeMy WebLinkAbout20230573 Ver 1_ePCN Application_20230419DW 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: 8/16/2022 BIMS # Assigned 20230573 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: Haddonstone 1a. Who is the Primary Contact?* Deborah Shirley 1b. Primary Contact Email: * dshirley@sandec.com Date Submitted 4/19/2023 Nearest Body of Water UT to Walnut Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: 35.737751 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: -78.628344 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone:* (919)846-5900 Is this project a public transportation project?* Yes No 1a.Type(s)of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application? * Yes No 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 401 Water Quality Certification - Express Riparian Buffer Authorization 1d. Who is applying forthe 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: Stanley Martin Companies, LLC 2b. Deed book and page no.: DB: 017835, DP: 01917 2c. Contact Person: Brian Ketcham 2d.Address Street Address 11710 Plaza America Drive, Suite 1100 Address Line 2 city State / Province / Region Reston VA Postal / Zip Code Country 20190 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (919)724-0624 2g. Email Address:* ketchembk@stanleymartin.com 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, Suite 104 Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27615 USA 4d. Telephone Number: 4e. Fax Number: (919)846-5900 (919)846-9467 4f. Email Address:"` dshirley@sandec.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Raleigh 2. Project Identification 2a. Property Identification Number: 1712038097 & 1712039650 2c. Project Address Street Address 3115 Garner Road Address Line 2 city Raleigh Postal / Zip Code 27610 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " UT to Walnut 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. 030202011101 4. Project Description and History 2b. Property size: 46.88 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: * Existing conditions onsite consists primarily of undisturbed forested land. Specifically, there are eleven (12) wetland features (WI -W12), one pond (Pond 1), three (3) intermittent streams (SA, SC, and SD), and one (1) perennial stream feature (SB) located on property. General land use in the vicinity of the project consists of residential. Garner Road bounds the property to the west. Existing developments bound the property to the north and east, to include existing stub roads. a 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: Approximately 0.54 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 2,704 LF 4h. Explain the purpose of the proposed project:* The purpose of this project is to construct a residential development and its necessary infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" The overall project involves the construction of a multi -family residential development including but not limited to; roadway infrastructure, 316 townhome units, utilities, SCMs, greenway, and amenity center. Specifically, there are two (2) road crossings that impact streams and buffers, one (1) greenway crossing that impact streams, wetlands, and buffers, two (2) aerial utility crossings that impact buffers, and two (2) SCM ouffalls that impact buffers. 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 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-2020-00838 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 NCDWR: Site visit and determination made by Erin Deck and issued on June 9, 2020 (NBRRO #20-140). USACE: Site visit made by Lyle Phillips July 30, 2020 and email verified on February 4, 2022. 6. Future Project Plans 6a. Is this a phased project?" Yes O No 6b. If yes, explain. Yes for construction purposes, this project will be broken out into 3 phases. 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 Buffers Open Waters Pond Construction 2. Wetland Impacts O 2a1 Reason (?) 2b. Impact type" (?) 2c. Type of W. * 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * (?) 2g. Impact area Impact 3 Greenway Crossing -Fill P Headwater Forest Wetland 4 Yes Both 0.001 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.001 2g. Total Permanent Wetland Impact 0.001 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 3: Greenway Permanent Culvert Stream A Intermittent Both 72 Crossing -Culvert Average (feet) (linear feet) g2 Impact 3: Greenway Permanent Other Stream A Intermittent Both 5 12 Crossing -No Functional Loss Averege (feet) (linear feet) (Dissipator Pad) S3 Impact 3: Greenway Crossing Temporary Other Stream A Intermittent Both 65 Construction Access Averege (feet) (linear feet) gq Impact 2: Road Crossing- Permanent Culvert Stream B Perennial Both 7 149 Culvert Average (feet) (linear feet) S5 Impact 2: Road Crossing- No Permanent Other Stream B Perennial Both 8 62 Functional Loss (Dissipator Averege (feet) (linear feet) Pad) S6 Impact 2: Road Crossing- Temporary Other Stream B Perennial Both 29 Construction Access Averege (feet) (linear feet) S7 Impact 1: Road Crossing- Permanent Culvert Stream C Intermittent Both 152 Culvert Average (feet) (linear feet) gg Impact 1: Road Crossing - No Permanent Other Stream C Intermittent Both 4 36 Functional LOSS (Dissipator Average (feet) (linear feet) Pad) S9 Impact 1: Road Crossing - Temporary Other Stream C Intermittent Both 21 Construction Access Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 483 3i. Total stream and ditch impacts: 598 3i. Total temporary stream impacts: 115 3j. Comments: Total Permanent loss stream impacts = 373 LF (0.046 acres); Total Permanent -No functional Loss stream impacts = 110 LF (0.017 acres); Total Temporary stream impacts = 115 LF (0.016 acres). Temporary stream impacts will be brought back to pre -construction stream bed elevations and stream banks will be stabilized. 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 Impact 1: Road Crossing P Stream C Yes 10,345 4,974 Impact 7: Sanitary Sewer P Stream A Yes 2,442 1,694 Impact 3: Greenway Crossing P Stream A No 6,531 2,011 Impact 2: Road Crossing P Stream B Yes 10,421 4,463 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 29,739.00 13,142.00 Zone 1 Zone 2 Total combined buffer impacts: 29,739.00 13,142.00 61. Comments: Impacts 4 & 5 Deemed Allowable use per NCAC 02b .0714(9)(b)(i), and impact 6 deemed allowable per NCAC 02b .0714(11)(II)(i). E. Impact Justification and Mitigation O 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 and offsite utility locations in order to identify natural resources so that impacts could be avoided & minimized to the maximum extent practicable. Proposed impacts include two (2) road crossings, one (1) greenway crossing, two (2) aerial sanitary sewer crossings and two (2) SCM outfalls. Impact 1 is proposed road crossing. Proposed impacts include permanent (i.e. culvert), permanent -no functional loss (Le riprap dissipator pad) and temporary (i.e. construction access) stream impacts, and associated riparian buffer impacts. Stream and riparian buffer impacts have been minimized by designing the crossing at a near perpendicular angle. Stream mitigation is being proposed at a 2:1 ratio to compensate for these proposed impacts. Buffer mitigation is proposed per the Neuse River Riparian Buffer Rules. Impact 2 is proposed road crossing. Proposed impacts include permanent (i.e. box culvert), permanent -no functional loss (Le riprap dissipator pad) and temporary (i.e. construction access) stream impacts, and associated riparian buffer impacts. Stream and riparian buffer impacts have been minimized by designing the crossing at a near perpendicular angle. Stream mitigation is being proposed at a 2:1 ratio to compensate for these proposed impacts. Buffer mitigation is proposed per the Neuse River Riparian Buffer Rules. Road Crossings 1 & 2 are required per the City of Raleigh, the project must meet the requirements of UDO Section 8.3 / Blocks, Lots, Access and more specifically, Block Perimeter. Block perimeter is covered in Section 8.3.2. and ensures blocks associated with Preliminary Subdivisions don't become oversized reducing access for not only vehicle and pedestrian, but more importantly emergency response. Additionally, the City of Raleigh is requiring that the project meet the requirements of UDO Section 8.3.4. / Subdivision Access. Per Section 8.3.4.E pertaining to required connectivity, it states, "streets must be interconnected and must connect with adjacent streets external to the subdivision in order to provide multiple routes for pedestrian and vehicle trips from, to and within the subdivision." And finally, the City of Raleigh is requiring that the project meet the following requirements: • Sections 8.3.4.C.2 — "Where a development adjoins unsubdivided land, stub streets within the new subdivision shall be extended to the meet maximum block perimeter standards of Sec. 8.3.2." • Sections 8.3.4.C.3 — "The stub street must be extended to the boundary of the abutting property to the point where the connection to the anticipated street is expected." • Sections 8.3.4.C.4 — "Stub streets must be located so that the portion of the block perimeter located on the subject property does not exceed 50 % of the applicable block perimeter maximum." • Sections 8.3.4.C.5 — "If a stub street exists on an abutting property, the street system of any new development plan must connect to the stub street to form a through street." In summary and noted in Section 8.3.1.A, B, C & D, large blocks with limited connectivity discourage walking, contribute to street congestion, and add driving distance that can negatively impact emergency services. Impact 3 is proposed greenway crossing. Proposed impacts include permanent (i.e. culvert), permanent -no functional loss (Le riprap dissipator pad) and temporary (i.e. construction access) stream impacts, associated riparian buffer impacts and permanent wetland impacts. Stream and riparian buffer impacts have been minimized by designing the crossing at a near perpendicular angle. Stream mitigation is being proposed at a 2:1 ratio to compensate for these proposed impacts. Impacts 4 & 5 are Deemed Allowable per NCAC 02b .0714(9)(b)(i). Impact 6 is a proposed aerial sewer crossing. Stream impacts have been avoided. Riparian buffer impacts are deemed allowable per NCAC 02b .0714(11)(II)(i). Impact 7 is a proposed aerial sewer crossing. Proposed impacts include riparian buffer impacts only. Stream impacts have been avoided. Buffer mitigation is proposed per the Neuse River Riparian Buffer Rules. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Standard Erosion & Sediment control measures such as Basins, silt fence, and Inlet protection; and dewatering measures such as a pump around/bypass channel, filter bags, and check dams. 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): D W R 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 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 746 3c. Comments S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were five (5) banks listed within the 03020201 HUC that had stream/riparian buffer credits available. All five (5) were contacted, two (2) banks had credits available. Attached is a Statement of Availability letter from Resource Environmental Solutions for stream mitigation credits. 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 6b. If yes, then identify the square feet of impact. 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Impacts 1, 2 & 7 23,208 3 69,624 Zone 2 Impacts 1, 2 & 7 11,131 1.5 16,697 6f. Total buffer mitigation required 86,321 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6j. Comments: S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were five (5) banks listed within the 03020201 HUC that had stream/riparian buffer credits available. All five (5) were contacted, two (2) banks had credits available. Attached are Statement of Availability letters from Resource Environmental Solutions and Wildlands Engineering for buffer mitigation credits. Please distribute the mitigation responsibility buffer credits as follows: Resource Environmental Solutions = 66,725 credits Wildlands Engineering = 19,596 credits F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Raleigh Comments: 2 wet ponds 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. 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 Haddonstone project is a residential development. Additionally, the project is located within the City of Raleigh jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 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; and 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. We anticipate that the DWR will advise us if any additional information is needed. 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. non -discharge. 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 August 19, 2022. FWS provided email concurrence on March 3, 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 and email from USFWS. 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 August 10,2022. A request for Environmental Review was submitted to SHPO requesting comments. A SHPO response letter was provided on September 22, 2022 indicating that they are not aware of any historic resources that would be affected by the proposed project. Please see attached SHPO letter ER 22-2037. 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 r� 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_Haddonstone.pdf 26.3MB 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 E. Shirley Signature ,�rfat2i�p ��iitlrrJ Date 4/19/2023 O