20230756 Ver 1_ePCN Application_20230525

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:
7/18/2022
BIMS # Assigned
20230756
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:
The Livano Cary
1a. Who is the Primary Contact?*
Rick Toone
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/25/2023
Nearest Body of Water
Speight Branch
Basin
Neuse
Water Classification
WS-III
Site Coordinates
Latitude:
35.755070
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:
-78.748185
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:
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:
Piney Plains Residences, LLC
2b. Deed book and page no.:
Deed Book: 019048; Deed Page: 00674
2c. Contact Person:
Andrew Murray
2d.Address
Street Address
2204 Lakeshore Drive
Address Line 2
Suite 450
City State / Province / Region
Birmingham AL
Postal / Zip Code Country
35209 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:
Andrew Murray
3b. Business Name:
LIV Development
3c.Address
Street Address
2204 Lakeshore Drive
Address Line 2
Suite 450
City
State / Province / Region
Birmingham
AL
Postal / Zip Code
Country
35209
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. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Cary, NC
2. Project Identification
2a. Property Identification Number: 2b. Property size:
PIN:0772497496 ±23.75
Q

2c. Project Address
Street Address
Piney Plains Road and Dillard Drive
Address Line 2
city
Cary
Postal / Zip Code
27518
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Speight Branch
3b. Water Resources Classification of nearest receiving water:
WS-III
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011001
4. Project Description and History
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 currently vacant and wooded. General land use in the vicinity consists of commercial and residential. The site is located between high density residential and a large shopping
center.
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:
±3.06
4g. List the total estimated linear feet of all existing streams on the property:
±1,556
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a mixed -use multifamily development to meet the existing and growing demand for residential housing in Wake County. 280 multi -family
units are proposed that feature internal office space and amenities. A future phase of the project will include an office building.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The purpose of the proposed project is to construct a mixed -use multifamily development to meet the existing and growing demand for residential housing in Wake County. 280 multi -family
units are proposed that feature internal office space and amenities. A future phase of the project will include an office building.
The project consists of the construction of the following
•280 multi -family units
-Minimum of 20,000 sf of office space at full build out
-Construction of infrastructure (roads, greenways, amenities, utilities, stormwater management, etc.)
The site design proposes one road crossing and one greenway crossing. The proposed Tryon Manor Drive extension requires the crossing of Stream 1. The greenway is proposed to
cross Stream 1 which bisects the site and will provide pedestrian and bicycle access from the project to the existing sidewalks along Dillard Drive and Pine Plains Road. An impact to Zone
2 buffers is also proposed for a SCM outlet to Wetland A. No impacts are anticipated for the second phase of the project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
WR delineated the project site in October 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-2019-00071
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
NC DWR issued a Riparian Buffer Determination Letter (NBRRO #19-004) on 1/15/2019 which has been provided as an attachment.
The USACE issued a Preliminary Jurisdictional Determination on 2/22/2019 which has been provided as an attachment.
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
The project is proposed to be constructed in two phases. No impacts are anticipated for the future phase of the project. Phase 2 consists of the construction of an office building to bring
the total amount of office space to the minimum required by the PDP. No impacts are anticipated for the second phase.
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*
2f. Type of Jurisdicition*
(?)
2g. Impact
area
W1
Road Crossing
P
Unknown
Wetland A
Yes
Both
0.317
(acres)
W2
Stream Realignment
P
Unknown
A
Yes
Both
0.018
(acres)
W3
Retaining Wall #1 ��T
Unknown
Wetland A
Yes
Both
0.010
Installation
(acres)
W4
Retaining Wall #2
T
Unknown
Wetland A
Yes
Both
0(ocres)
Insllation
WS
Riprap Install
P
Unknown
Wetland A
Yes
Both
0.055
(acres)
W6
Boardwalk Construction
T
Unknown
Wetland A
Yes
Both
0.044
Access
__]
(acres)
2g. Total Temporary Wetland Impact
0.091
2g. Total Wetland Impact
0.451
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.390
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type ofwidth
3h. Impact
❑
(?)
Jurisdiction*
length*
g1
Road Crossing
Permanent
Culvert Jtream
Perennial
Both
135
Averege (feet)
(linear feet)
S2
Riprap Installation
Permanent
Rip Rap Fill
Stream 1
Perennial
Both
59
Average (feet)
(linear feet)
S3
Construction
Temporary
Other
Stream 1
Perennial
Both
25
Averege (feet)
(linear feet)
S4
Stream Realignment
Permanent
Relocation
Stream 1
Perennial
Both
10
Average (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
204 25

31. Total stream and ditch impacts:
229
3j. Comments:
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
131: Greenway Grading
P
Stream 1
No
0
233
132: Boardwalk Construction
P
Stream 1
No
1,919
1,049
B3: Greenway Grading
P
Stream 1
No
0
1,851
134: Road Crossing
P
Stream 1
Yes
12,362
6,798
135: SCM 2 Outfall
P
Stream 1
No
0
272
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 14,281.00 10,203.00
Zone 1 Zone 2
Total combined buffer impacts: 14,281.00 10,203.00
6i. Comments:
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:
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be
minimized.
Proposed permanent impacts for construction of the development have been minimized to only those necessary for construction of the Tryon Manor
Drive extension, greenway, and one SCM outfall. There are no impacts proposed for construction lots, infrastructure. Impacts from stormwater
management were minimized to the one SCM ouffall.
The site was designed around jurisdictional waters to the greatest extent practical. Stream 1 and adjacent wetlands bisect the site across its entire width,
making avoidance impossible. Tryon Manor Drive is a required road extension by the Town of Cary per their transportation plan; this was an agreement
from the developer as part of the rezoning process for the development. Both NCDOT and the Town of Cary were involved in consideration of the
connection to Dillard Drive and determined this was the best routing, given NCDOT's future changes to Dillard Drive.
Impacts to the stream, wetland, and buffers were minimized by crossing at the narrowest practical point in the stream and wetland complex while
maintaining the desired alignment. Riprap below the culvert is necessary because the contributing drainage area is more than 115 acres to the roadway
culvert pipes and the riprap basin is needed to reduce oufflow energy and to help protect the downstream stream channel from erosion. The riprap basin
allows this function to be performed in a relatively small footprint compared to a flat apron while still being readily maintained to continue to serve its
purpose well after construction. The footprint is necessarily wide to address the flows from multiple barrels required to carry the drainage under the
roadway. The riprap basin was designed per FHWA guidelines. Culvert 1 will carry baseflow and Culvert 2 is designed only for flood flows. Please see
attached Culvert Plan and Profile for culvert inverts.
To reduce the fill slope at the crossing, retaining walls are proposed on each side of the crossing to stabilize road fill and minimize impacts.
The greenway crossing will utilize a timber boardwalk across the wetland to avoid permanent wetland impacts. A Glulam bridge is proposed to span the
stream, avoiding all stream impacts at the crossing. Stream and wetland impacts were further minimized by crossing perpendicularly. To maintain the
desired greenway alignment, some grading was necessary. Grading for the greenway has been minimized to only three areas of the outer limits of Zone
2.
0
V

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Access during construction will occur within the uplands where possible. Additionally, sediment and erosion control measures and tree protection fencing
will be installed prior to and maintained during construction.
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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Stream: EBX-Neuse Neu -Con Wetland & Stream Umbrella Mitigation Bank (Bucher Site); Wetland:
EBX-Neuse sponsored Neu -Con Wetland and Stream Umbrella Mitigation Bank (Arrington Bridge III
Site); Buffer: EBX Neuse Mitigation Banks (see attached SOA for specific sites)
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Quantity:
Stream
290
Riparian wetland
0.78
Riparian buffer
47283
3c. Comments
See attached Statement of Availability letters from RES.
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
Road Crossing
12,362
12,362
Zone 2 Road Crossing 6,798 6,798
6f. Total buffer mitigation required
47283
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
See attached SOA.
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
e

2a. Is this a NC DOT 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.
Town of Cary
Comments:
The stormwater management plan consists of underground storage vaults to manage peak flows and underground sand filters to manage nutrient load. The Stormwater Management Plan
will be approved by the Town of Cary as the certified municipality.
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 proposed project is not anticipated to result in additional development that could impact 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.
Town of Cary/Wake County municipal 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
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
O

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?
On 4/28/2023, WR generated an official species list using USFWS' Information form Planning and Consultation (IPaC), located at
https:/Iipac.ecosphere.fws.gov/ which is attached. The IPaC Species List identified tricolor bat (proposed endangered), red cockaded woodpecker
(endangered), Neuse River Waterdog (threatened), Carolina Madtom (endangered), Atlantic Pigtoe (threatened), Dwarf Wedgemussel (endangered),
Yellow Lance (threatened), and Michaux's Sumac (endangered) as potentially occurring within the vicinity of the project. The IPaC did not identify any
critical habitat within the proposed project.
WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify
known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The 4/28/2023 NCNHP Project Review Letter
did not identify any known occurrences of federally listed species within 1.0 miles of the Project.
The project site largely consists of areas of a stream and wetland complex and mature mixed hardwood and pine forest. Pedestrian surveys completed
in October 2018 did not identify any occurrences of Michaux's Sumac or RCW. Marginal habitat for Michaux's Sumac was determined to exist in the
review area based on the need for full sunlight and periodic mowing. Stream 1 originates in the northeast corner of the project site and flows into a
downstream impoundment, not considered suitable habitat for the listed mussels, Neuse River Waterdog, or Carolina Madtom. Based on a lack of
suitable onsite habitat and anticipated sediment and erosion control measures installed prior to development of the project, WR concludes the proposed
project will not adversely affect the listed aquatic species.
The USFWS proposted to list the Tricolored Bat as an endangered species under the ESA on September 13, 2022, largely because of white -nose
syndrome, a disease that affects bats and is decimating hibernating bat species. There has been no critical habitat designated for the Tricolored Bat at
this time. Based on a review of the NCNHP GIS data, there are no known occurrences of the Tricolored Bat within 1 mile of the project area. Suitable
habitat for Tricolored Bat may exist within the project area. There are various man-made structures located near the site. No caves are located on the
project site. Targeted surveys have not been conducted for tricolored bat. Some tree clearing will be necessary for construction of the proposed project.
However, it is our opinion that the project will not adversely affect the Tricolored Bat.
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?'�
There are no waters classified as EFH in Wake County.
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?"
WR reviewed the NC State Historic Preservation Office's online database to determine if there were any known historic or cultural resources within or in
the vicinity of the proposed project. The database review did not identify any known resources within or in the vicinity of the proposed 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?
FEMA flood maps.
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
Cover Letter and Attachments.pdf 29MB
File must be PDF or KMZ
Comments
Please see included Cover Letter and Attachments.
Signature O
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
Date
5/25/2023