20230736 Ver 1_ePCN Application_20230522

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:
3/7/2023
BIMS # Assigned
20230736
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:
Oldfourth Residential Development
1a. Who is the Primary Contact?*
Bryson Powell
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/22/2023
Nearest Body of Water
Third Ford Creek
Basin
Cape Fear
Water Classification
WS-IV: NSW
Site Coordinates
Latitude:
35.94071
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Durham
Is this a NCDMS Project
Yes No
Longitude:
-78.94167
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joseph Myers:[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
1b. What type(s) of permits) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Nani on recorded deed:
Oldfourth Developer, LLC
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Bryson Powell
2d. Address
Street Address
4711 Hope Valley Road
Address Line 2
City
State / Province / Region
Durham
NC
Postal / Zip Code
Country
27707
us
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Ashley Bentz
4b. Business Name:
S&ME, Inc
4c.Address
Street Address
3201 Spring Forest Road
Address Line 2
City
Raleigh
Postal / Zip Code
27616
4d. Telephone Number:
[phone]
4f. Email Address:"`
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Durham
2. Project Identification
2a. Property Identification Number:
0719-77-22-5708, 0719-77-17-0107
2c. Project Address
Street Address
3851 Hope Valley Road
Address Line 2
city
Durham
Postal / Zip Code
27707
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Third Ford Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV; NSW
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.
030300020602
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
29.4
State / Province / Region
NC
Country
us
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 is currently undeveloped and wooded with the exception of a single residence on the site. The general vicinity is residential with the exception of natural undeveloped
corridors along streams, including Third Ford Creek along the property's eastern boundary. The Hope Valley Country Club is located northwest of the property, including a large golf
course.
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:
1.47 ac (64,223 sq ft)
4g. List the total estimated linear feet of all existing streams on the property:
1,152 LF
4h. Explain the purpose of the proposed project:*
The purpose of the project is to provide additional housing in the form of approximately 50 homes.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Oldfourth is a new housing development seeking to provide +/- 50 new homes as well as the corresponding utilities, stormwater treatment, lighting, and parking on approximately 30 acres
of land. The development plan impacts only half of these 30 acres, with the rest remaining natural open space. Construction will be performed by standard commercial construction
equipment. No specialized equipment not regularly seen on residential projects is anticipated.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
Site delineated by S&EC July, 2022
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-2022-02066
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: S&EC
Other:
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?
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 Jurisdicitio n *
(?)
2g• Impact
area *
F_
_]
clearing
P
Bottomland Hardwood Forest
W1
Yes
Corps
0.084
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.084
2g. Total Permanent Wetland Impact
0.084
2i. Comments:
Wetland impacts will total 0.084 acres and will be permanent but will not result in a permanent loss of wetlands. This impact is the result of clearing,
installation of the sewer line, and conversion to herbaceous vegetation within the proposed 30-foot utility easement. Post construction, the wetland will
be restored to original grade and the easement will be maintained with herbaceous vegetation.
3. Stream Impacts

3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name *
F. Stream Type'
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Utility Crossing
Temporary
Dewatering
Stream D
Perennial
Corps
28
Averege (feet)
31
(linear feet)
3L Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
0
31. Total stream and ditch impacts:
31
31. Total temporary stream impacts:
31
3j. Comments:
Stream impacts will be temporary due to dewatering for the installation of a sewer line. These temporary impacts will be limited to 31 linear feet (885
square feet). The stream will be returned to original grade and contour post construction.
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
Allowable
P
Stream D
No
1,907
0
Allowable
T
Stream D
No
0
1,271
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 1,271.00
Zone 1
Zone 2
Total Permanent impacts: 1,907.00
0.00
Zone 1
Zone 2
Total combined buffer impacts: 1,907.00
1,271.00
61. Comments:
These impacts are due to a singular utility crossing for a proposed sewer line. The utility corridor will have a width of 30 feet and will be permanently
maintained with herbaceous vegetation. Impacts to Zone 1 will be permanent in that the trees will be removed and herbaceous vegetation will be allowed
to regrow. Zone 2 impacts will be the result of the installation of the sewer line and will be temporary. Both zones will be returned to original contour and
herbaceous vegetation will be allowed to regrow.
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 community has been designed to have little to no impacts on the stream/wetland areas by limiting all of the development work to only half of the
total acreage, and leaving the stream/wetland areas untouched except for the one utility extension. The residential community is required to connect
their sewer utility service to the City of Durham's public sewer system, and the only location to do this requires a crossing of the stream channel at the
lowest elevation of the site. Unfortunately there is no other location/method by which to have sewer service for the new homes.Appropriate sediment and
erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual' will be used to minimize impacts to the jurisdictional features.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Specific attention will be paid to ensure grading is only performed to the extent needed for the proposed project and all grading not required will be
avoided. Additional impacts to the jurisdictional features will be avoided through the use of appropriate sediment and erosion control devices.
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
L

2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Project impacts are below those typically requiring mitigation.
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.
Durham County
Comments:
Stormwater permitting will be overseen by Durham County.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The project is not expected to spur additional development. The structures will accommodate an existing need and will utilize the local workforce. The
residential development is relatively small and will not likely affect regional growth patterns.
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.
The City of Durham has agreed to be responsible for treatment of sewage for this project.
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
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 NC Natural Heritage Program online data explorer (https://www.ncnhp.org/data) and US Fish and Wildlife Service Information for Planning and
Consultation (IPaC) report. No critical habitat was identified within the site and no element occurrences of protected species have been observed within
the site or within one mile of the site.
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 USFWS IPaC report and the National Marine Fisheries Service Essential Fish Habitat Mapper
(hftps://www.habitat.noaa.gov/protection/efh/efhmapper/)
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 North Carolina State Historic Preservation Office web mapping tool HPOWEB (https://www.ncdcr.gov/about/history/division-historical-resources/gis-
maps-and-data). The site is located just south of the Hope Valley Historic District but is not located within the district.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
The only construction impacts within the FEMA floodplain will be the result of the proposed sewer utility easement. No impervious surfaces or fill will be
added and the floodplain will be returned to original contour and topography post -construction.
8c. What source(s) did you use to make the floodplain determination?*
The project engineer and the FEMA firm map 3720071900L, dated October 19, 2018. The FEMA firmette is attached. All construction
Miscellaneous
U
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
Permitting Documentation.pdf 17.66MB
File must be PDF or KMZ
Comments
Signature U
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:
Ashley Bentz
Signature
Date
5/22/2023