20221471 Ver 2_ePCN Application_20230426

DWR
Division 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:
9/19/2022
BIMS # Assigned
20221471
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
la. Name of project:
Flatiron Forest Subdivision
1a. Who is the Primary Contact?*
Rick Trone
1b. Primary Contact Email: *
[e-mail]
Date Submitted
4/26/2023
Nearest Body of Water
Haw River
Basin
Cape Fear
Water Classification
WS-IV;NSW;CA
Site Coordinates
Latitude:
35.796308
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Chatham
Is this a NCDMS Project
Yes No
Longitude:
-79.129349
Version#*
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:[e-mail]
1c. Primary Contact Phone: *
[phone]
O
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.
10/21/2022
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 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:
Chatham Land & Timber, LLC & Margaret Browning
2b. Deed book and page no.:
B: 0735; P: 0341 & B:0942; P: 0697
2c. Contact Person:
Margaret Browning & Richard Danek (Chatham Land & Timber LLC)
2d.Address
Street Address
981 Old Graham Road
Address Line 2
City State / Province / Region
Pittsboro NC
Postal / Zip Code Country
27312 USA
*
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Rex Vick Jr.
3b. Business Name:
RBV 1252, LLC
3c.Address
Street Address
3434 Kildaire Farm Road
Address Line 2
Suite 135
city
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27518
USA
3d. Telephone Number:
3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Rick Trone
4b. Business Name:
WithersRavenel
4c.Address
Street Address
115 MacKenan drive
Address Line 2
City
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27511
USA
4d. Telephone Number:
4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Proiect Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Pittsboro, NC
2. Project Identification
2a. Property Identification Number: 2b. Property size:
Parcel #s: 2037 & 2014 42
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2c. Project Address
Street Address
678 Hamlets Chapel Road
Address Line 2
City State / Province / Region
Pittsboro NC
Postal / Zip Code Country
27312 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Haw River
3b. Water Resources Classification of nearest receiving water:
WS-IV;NSW;CA
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020701
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The project site currently consists of undeveloped woodlands. The general land use in the vicinity consists primarily of residential land use and undeveloped forest lands.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
USACE AID #SAW-2022-01047
NCDWR #20221471
4f. List the total estimated acreage of all existing wetlands on the property:
1.7 acres
4g. List the total estimated linear feet of all existing streams on the property:
1.700 If
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a single-family residential subdivision to meet the existing and growing demand for residential housing in Chatham County.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project consists of the construction of a 29-lot single-family residential subdivision and associated infrastructure (roads, sidewalks, open recreational space, utilities,
stormwater management, etc.).
The proposed design for the internal roads will result in one stream crossing. Copley Court will cross Stream 2 perpendicularly with two culverts. Riprap dissipaters will be constructed
below the culverts to dissipate flow velocity to prevent erosion and sedimentation of the stream.
A second road, Flatiron Forest Drive will cross a narrow area of Wetland C with a culvert. A SCM device is proposed at the other end of the proposed culvert.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No 3 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-2022-01047
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alyssa Ricci
Agency/Consultant Company: WithersRavenel
Other:

5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
WithersRavenel conducted a delineation of the wetlands and streams in March 2022 which were field verified by the USACE and issued a Preliminary Jurisdictional Determination (SAW-
2022-01047) on July 6, 2022. The USACE PJD and Approved Delineation Exhibit have been provided as attachments.
Buffer subjectivity was verified by Chatham County on June 2, 2022. Chatham County Watershed Department issued a Buffer Determination Letter on June 8, 2022, which has been
provided as an attachment.
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?
NA
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"
2f. Type of Jurisdicition *
2g• Impact
?)
area *
W1
Construction Access IT
Headwater Forest
Wetland B
Yes
Both
0.032
(acres)
W2
Road Crossing &
t
Headwater Forest
Wetland B
Yes
Both
0.079
Grading
(acres)
W3
Construction Access
T
Headwater Forest
Wetland B
Yes
Both
0.001
(acres)
W4
Road Crossing & T
Headwater Forest :7]ffa�dC
Yes
Both 1�=]_
Grading
2g. Total Temporary Wetland Impact
0.033
2g. Total Wetland Impact
0.132
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.099
F
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*
S1
Construction Access
Temporary
Other
Stream 2
Perennial
Both
41
Average (feet)
(linear feet)
g2
Road Crossing & Grading
Permanent
Culvert
Stream 2
Perennial
Both
78
Aveage (feet)
(linear feet)
S3
Rip Rap Installation
Permanent
Rip Rap Fill
Stream 2
Perennial
Both
26
Average (feet)
(linear feet)
S4
Construction Access
Temporary
Other
Stream 2
Perennial
Both
27
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
104
31. Total stream and ditch impacts:
172
3j. Comments:
3i. Total temporary stream impacts:
68

E. Impact Justification and Mitigation
0
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to site plan design, the applicant requested that a detailed delineation be conducted so that impacts to wetlands and "waters" could be minimized.
Proposed permanent impacts for construction of the subdivision and infrastructure have been minimized to only those necessary for construction of two
road crossings to access developable uplands within the site. There are no impacts proposed for construction lots, utilities, stormwater management, or
greenways. All road crossings have been designed to cross wetlands and stream perpendicularly at the narrowest points to minimize impacts.
Impacts to Stream 2 are unavoidable because the only way to access developable uplands in the western portion of the site is to cross the stream. It
was deemed not feasible to choose an alternate location for Copley Court to avoid wetland impacts as this would have required the road be positioned at
the northern end of the site near the cul-de-sac of Flatiron Forest Drive. While this location would have avoided wetland impacts, it is not a logical
location and would have resulted in the loss of lots thereby making the project unfeasible. A riprap dissipator will be constructed at the Copley Court
crossing such that the riprap will be installed by burying to match the pre -construction contours of the natural stream bed, allowing for the passage of
aquatic life, and preventing a loss of function. DOT standard headwalls are proposed at the crossing to reduce fill slope helping to minimize stream
impacts.
Proposed permanent wetland impacts for the culverted crossing of Wetland C by Flatiron Forest Drive were primarily driven by the placement of SCM 1
in a low area between Wetlands C and D for the gravity driven stormwater drainage for the roadway. Hydrologic connectivity between Wetland C and
downstream waters will be maintained through the culvert and SCM 1.
Upon completion of construction, all temporarily impacted streams will be restored to pre -construction conditions and grades, and temporarily stabilized
with biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream bed.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Access during construction will occur within uplands. Additionally, sediment and erosion control measures and tree protection fencing will be installed
prior to and maintained during construction as necessary.
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:
Stream Mitigation
The proposed project will result in 0.004 acres (78 If) of permanent stream impacts with functional loss. Because the proposed total permanent stream impacts with functional loss are
below 0.02 acres, the applicant does not propose to compensatory mitigation for permanent stream impacts.
Wetland Mitigation
The proposed project will result in 0.099 acres of permanent wetland impacts. Because the proposed total permanent wetland impacts are below 0.1 acres, the applicant does not propose
to provide compensatory mitigation for permanent wetland impacts.
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.
Chatham County
0

Comments:
The stormwater management plan consists of two constructed stormwater wetland SCMs which provide a minimum of 30 % nitrogen removal and therefore diffuse flow is not required. The
stormwater management plan will be reviewed and approved by the Chatham County as the certified local municipality.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed project has no anticipated future phases and is not anticipated to be a catalyst for future 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.
Pittsboro sanitary sewer
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
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?
WithersRavenel completed a survey for federally listed species in March 2022 and determined that the proposed project would have No Effect on
federally listed species or their critical habitat. The results of the survey were submitted to the USFWS for review. In an email dated 6/16/2022, John Ellis
with the USFWS stated that the Service concurred with our determinations, which were No Effect. A copy of the USFWS concurrence email, as well as
the USFWS Concurrence Request has been provided as an attachment.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
8

6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
There are no waters in Chatham County classified as EFH.
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? *
SHPO issued a review letter on April 27, 2022, which has been provided as an attachment. SHPO had no comments on the project as proposed.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Mapping Software
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
Flatiron Forest_Resubmittal_Cover Letter and Attachments.pdf 21.54MB
File must be PDF or KMZ
Comments
Please see included Cover Letter and Attachments.
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:
Rick Trone
Signature
44 T,u u
Date
4/26/2023
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