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HomeMy WebLinkAbout20230760 Ver 1_ePCN Application_20230525DWR 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: 3/8/2023 BIMS # Assigned 20230760 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 la. Name of project: Dearborn Drive Multi -Family Project 1a. Who is the Primary Contact?* LDG Development; ATTN: Landon Cox 1b. Primary Contact Email: lcox@ldgdevelopment.com Date Submitted 5/25/2023 Nearest Body of Water Ellerbe Creek Basin Neuse Water Classification WS-IV: NSW: C Site Coordinates Latitude: 36.037769 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: -78.884398 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Joseph Myers:joseph.myers@ncdenr.gov 1c. Primary Contact Phone: * (502)649-0601 a 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 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. Name(s) on recorded deed: GFP TRUST 40801 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: Jed Gronewald 2d. Address Street Address 1 Pickard Place Address Line 2 City State / Province / Region Durham NC Postal / Zip Code Country 27703 USA Yes No Yes No 2e. Telephone Number: (919)606-2310 2g. Email Address: jed@hunterrowe.com 2a. Name(s) on recorded deed: Veterans of Foreign Wars 2b. Deed book and page no 2c. Contact Person: Larry Coleman 2d. Address Street Address PO BOX 15145 Address Line 2 city DURHAM Postal / Zip Code 27704 2e. Telephone Number: (919)698-6270 2g. Email Address:* l.coleman8@frontier.com 3. Applicant Information (if different from owner) 3a. Name: Mr. Landon Cox 3b. Business Name: LDG Development (Under Option to Purchase) 3c.Address Street Address 545 South 3rd Street Address Line 2 city Louisville Postal / Zip Code 40202 3d. Telephone Number: (502)649-0601 3f. Email Address:* lcox@ldgdevelopment.com 4. Agent/Consultant (if applicable) 4a. Name: Emma Radford, WPIT, CA 4b. Business Name: Kimley-Horn 4c.Address Street Address 421 Fayetteville Street Address Line 2 Suite 600 city Raleigh Postal / Zip Code 27601 4d. Telephone Number: (919)677-2215 4f. Email Address:* emma.radford@kimley-horn.com 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region KY Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: C. Project Information and Prior Project History 0 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: City of Durham 2. Project Identification 2a. Property Identification Number: 0833-14-42-4887; 0833-18-42-1615; 0833-18- 2b.Property size: 42-5600 9.4 2c. Project Address Street Address 3651, 3701, and 3709 Dearborn Drive Address Line 2 city Durham Postal / Zip Code 27704 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Ellerbe Creek 3b. Water Resources Classification of nearest receiving water: WS-IV; NSW; C 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010403 4. Project Description and History 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: * The Site is primarily characterized by undeveloped forested land and riparian corridors. One occupied residential structure with associated storage buildings (3701 Dearborn Drive) and one vacant commercial building (Veterans of Foreign Wars) with associated parking lot are located within the Site. The Site is situated in an area of suburban residential properties, with scattered commercial developments and undeveloped forested areas. 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: 0.43 4g. List the total estimated linear feet of all existing streams on the property: 494 4h. Explain the purpose of the proposed project:* The proposed project would construct a multi -family residential development under the U.S. Department of Housing and Urban Development's (HUD) Neighborhood Stabilization and Community Development Block Grant program located south of Dearborn Drive in Durham, NC. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed project would involve the construction of a multi -family residential development that will include approximately 188 units across multiple buildings. Various amenities such as a clubhouse, pool, and recreational space are also included as a part of the proposed site plan, as well as a stormwater bioretention pond. Access is proposed to be provided by a driveway along Dearborn Drive and Old Oxford Road, as well as interior roadways and walking paths. Typical site development and structural construction equipment will be utilized including dump trucks, graders, bulldozers, cranes, asphalt pavers, excavators, and concrete trucks. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: Kimley-Horn staff conducted a delineation on May 18, 2021 and identified one wetland (W1) and three streams (S1, S2, and S3) within the project study area. 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-2021-01396 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Emma Radford, WPIT, CA and Mackenzie Richards, PWS Agency/Consultant Company: Kimley-Horn Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A Preliminary Jurisdictional Determination request was submitted on June 28, 2021 and a delineation concurrence email was received from Ms. April Norton of the US Army Corps of Engineers (USACE) on July 22, 2021 (SAW-2021-01396Additionally, a Buffer Determination Letter (NBRRO #21-219) was issued by Ms. Alys Hannum of the North Carolina Division of Water Resources (NCDWR) on September 8, 2021. 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? N/A 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 Impact Site 1 2a1 Reason (?) Grading 2b. Impact type* (?) P 2c. Type of W. * Headwater Forest 2d. W. name Wetland W1 2e. Forested" Yes 2f. Type of Jurisdicition * ?) Both 2g• Impact area * 0.001 (acres) Impact Site 2 Temporary Construction Access T Headwater Forest �tandW1 Yes Both 0.005 (acres) 2g. Total Temporary Wetland Impact 0.005 2g. Total Wetland Impact 0.006 2g. Total Permanent Wetland Impact 0.001 21. Comments: Approximately 0.001-acre of wetland W1 will be permanently impacted at Impact Site 1 as a result of the necessary fillslope for the bioretention pond required to treat stormwater created by the proposed project development. Additionally, 0.005-acre of wetland W1 will be temporarily impacted at Impact Site 2 as a result of the construction access to install the proposed stormwater outlet. A total of 0.001-acre of permanent wetland impacts and 0.005-acre of temporary wetland impacts will result from the proposed project. 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* g1 Impact Site 2 - Temporary Construction Access Temporary Other Stream S2 Intermittent Both Averege (feet) 45 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 45 3i. Total temporary stream impacts: 45 3j. Comments: Temporary impacts to stream S2 will occur at Impact Site 2 due to the construction access necessary to install proposed stormwater outlet. The temporarily impacted stream channel will be returned to pre-existing contours upon completion of the stormwater outlet installation. A total of 45 linear feet (0.003 acres) of temporary impacts will result from the proposed project. 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 Stormwater Mgt. P Stream S2 No 1,209 742 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 1,209.00 742.00 Zone 1 Zone 2 Total combined buffer impacts: 1,209.00 742.00 6i. Comments: Unavoidable permanent impacts to Neuse River Basin Riparian Buffer Zones 1 and 2 will occur at Impact Site 2 as a result of a proposed stormwater outlet. The proposed stormwater outlet will carry water from the proposed bioretention pond and underground detention basin before discharging into the buffer. The stormwater will be discharged at non -erosive velocities into rip rap dissipater pads. The project proposes to permanently impact 1,209 square feet of Neuse River Buffer Zone 1 and 742 square feet of Neuse River Buffer Zone 2. 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: Impacts to wetlands, streams, and riparian buffers within the project area were avoided and minimized to the greatest extent pratical throughout the design of the project. The proposed multi -family development has been intentionally located to minimize the amount of impacts proposed to wetland W1, and away from streams S1, S2, and S3 in order to avoid unnecessary impacts to the streams and minimize impacts to their associated Neuse River riparian buffer zones. Retaining walls have been proposed south of the development to achieve the necessary site grade and avoid impacts to jurisdictional features and buffer zones. The proposed bioretention pond located south of the retaining wall has been sized to capture and treat the Stormwater generated from the proposed development in accordance with local stormwater regulations, and has been situated to minimize impacts to jurisdictional features to the greatest extent practicable. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to jurisdictional features and riparian buffers within the project area will be minimized and avoided to the extent practical throughout the construction process. Where feasible, staging and construction access routes will be located in upland areas throughout the project study area. Silt fencing and/or tree protection fencing will be installed around the proposed project clearing limits to help ensure that all construction equipment will remain within the permitted limits of disturbance throughout the construction process. Temporary erosion and sediment control measures will be used to reduce construction stormwater impacts to receiving waters and minimize runoff from the construction site. 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: Compensatory mitigation is not proposed as part of this permit application due to the minimal wetland impacts (<0.1 acre) resulting from the proposed project O Additionally, the proposed project will result in permeant buffer impacts to Zones 1 and 2 of the Neuse River Basin due to the construction of a new stormwater conveyance through the buffer. Stormwater discharged through this conveyance will be treated within the proposed bioretention pond prior to entering into the buffer. Additionally, the proposed project will receive Stormwater Management Plan approval from the City of Durham prior to construction. Based on the Neuse River Basin Riparian Buffer Rules Table of Uses, new stormwater drainage conveyances from a Primary SCM designed to treat the drainage are to the conveyance and that comply with a stormwater management plan reviewed and approved under a state - approved local government stormwater program are considered "Allowable". F. Stormwater Management and Diffuse Flow Plan (required by DWR) O 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 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 Durham Comments: Stormwater approval will be received from the City of Durham prior to construction within the Site. G. Supplementary Information 1. Environmental Documentation No la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? Yes No Comments: * The project plans to submit an Environmental Review through the U.S. Department of Housing and Urban Development's (HUD) Neighborhood Stabilization and Community Development Block Grant program to receive HUD Vouchers for the construction of Veterans Affairs Supportive Housing (HUD-VASH). As part of this request, an Environmental Document will be prepared and submitted to HUD for review and approval. 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 development is a single and complete project and no additional or cumulative impacts are anticipated due to the construction of the proposed project. 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 proposed development will be serviced by a gravity fed sanitary sewer system that will tie into the existing City of Durham sewer line along Old Oxford Road. See Proposed Utility Plan for details. Sewer connection approval will be obtained from the City of Durham prior to site construction. 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 What Federal Agency is involved? U.S. Department of Housing and Urban Development (HUD) will be involved when the project applies for HUD funds; however, no other federal entity is involved at this time. 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? As of April 26, 2023, the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) database lists four federally protected species known to occur in within the project vicinity. IPaC also lists the tricolored bat (Perimyotis subflavus), a proposed endangered species, with potential to occur within the project vicinity. Kimley-Horn reviewed the INC Natural Heritage Program (NCNHP) element occurrence database (updated January 2023) to determine if there are any known occurrences of federally listed species in the project study area or its vicinity. The NCNHP records indicate no known occurrences of any federally protected species within the project study area. However, one known occurrence of smooth coneflower was recorded within 1.0 mile of the project study area. Neuse River waterdog Suitable habitat for the Neuse River waterdog is not present within the project study area due to the lack of well -oxygenated, high -quality perennial streams with stable banks, gravel substrate, and strong riffle -pool complexes within the project study area. A review of the NCNHP database records (updated January 2023) indicates that there are no known occurrences of the Neuse River waterdog in or within 1.0 mile of the project study area. Additionally, the project does not propose impacts to any streams. Due to the lack of suitable habitat, the lack of known occurrences within 1.0 mile of the project study area, and the lack of impacts to streams, it is anticipated that the proposed project would have no effect on the Neuse River waterdog. Carolina madtom Suitable habitat for the Carolina madtom is not present within the project study area due to the lack of well -oxygenated, high -quality perennial streams with stable banks, gravel substrate, and strong riffle -pool complexes within the project study area. A review of the NCNHP database records (updated January 2023) indicates that there are no known occurrences of the Carolina madtom in or within 1.0 mile of the project study area. Additionally, the project does not propose impacts to any streams. Due to the lack of suitable habitat, the lack of known occurrences within 1.0 mile of the project study area, and the lack of impacts to streams, it is anticipated that the proposed project would have no effect on the Carolina madtom. Michaux's sumac Potentially suitable habitat for Michaux's sumac is present along the maintained lot edges, sidewalk shoulders, and roadside within the project study area. Although these areas provide potentially suitable habitat, the regular mowing maintenance schedule and herbicide application within these areas would likely inhibit the plant's success. Kimley-Horn conducted a pedestrian survey for Michaux's sumac on May 16, 2023 and no individuals were observed. Additionally, a review of the NCNHP database records (updated January 2023) indicates that there are no known occurrences of Michaux's sumac in or within 1.0 mile of the project study area. Due to the lack of known occurrences and the lack of identified individuals, it has been determined that the proposed project will have "No Effect" on Michaux's sumac. Smooth coneflower Potentially suitable habitat for smooth coneflower is likely to be present along the maintained lot edges, sidewalk shoulders, and roadside within the Site Although these areas provide potentially suitable habitat, the regular mowing maintenance schedule and herbicide application within these areas would likely inhibit the plant's success. A review of the NCNHP database records (updated January 2023) indicates that there is one known occurrence of Smooth coneflower within 1.0 mile of the project study area. Kimley-Horn conducted a pedestrian survey for the smooth coneflower on May 16, 2023 and no individuals were observed. Due to the lack of identified individuals, it has been determined that the proposed project will have "No Effect" on the smooth coneflower. Bald and Golden Eagle Protection Act Bald eagle is also known to occur within the project vicinity and is protected by the Bald and Golden Eagle Protection Act (BGEPA). A desktop-GIS assessment of the Site, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed in March 2023 using 2021 color aerials. One water body large enough or sufficiently open to be considered a potential feeding source was identified. However, due to the surrounding development and limited foraging area, the project is unlikely to support bald eagle nesting. Additionally, a review of the NCNHP database records (updated January 2023) indicate there are no known occurrences of the bald eagle in or within 1.0 mile of the project study area. Due to the surrounding development, the disconnection from forested areas, and the lack of known occurrences, it is anticipated that the proposed project would have no effect of the bald eagle. Tricolored bat On September 14, 2022, the U.S. Fish and Wildlife Service announced a proposal to list the tricolored bat (Perimyotis subflavus - PESU) as endangered under the Endangered Species Act. The USFWS has not provided an official effective listing date, but it is anticipated to occur in the second half of 2023. A review of the NCNHP database records (updated January 2023) indicates that there are no known occurrences of the tricolored bat in or within 1.0 mile of the project corridor. If listed, the client will coordinate with the USFWS to resolve Section 7 as appropriate. 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 Essential Fish Mapper was reviewed on March 30, 2023. No essential fish habitat was found within the project study area or project vicinity. 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? * Kimley-Horn conducted a desktop-GIS assessment of the Site on January 17, 2023, using the North Carolina State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database. This assessment was undertaken in order to identify any known National Register (NR) properties, National Register Study List (SL) properties, and properties Determined to be Eligible (DOE) for listing or previously surveyed in or within 1.0-mile of the Site. No known historic or cultural resources were identified within the Site. However, three SL properties and one SL historic district were identified within a 1.0-mile radius of the Site: - Bonnie Brae Farm (Current Site) received SL status in 1976 and is located approximately 0.92-mile northwest of the Site in Durham County. The Bonnie Brae Farm is separated from the Site by numerous neighborhoods and roadways. - Catsburg Store and Cat Belvin House received SL status in 1990 and is located approximately 0.91-mile northeast of the Site in Durham County. The Catsburg Store and Cat Belvin House is separated from the Site by numerous neighborhoods and roadways. - Thompson House received SL status in 1990 and is located approximately 1.0-mile northeast of the Site in Durham County. The Thompson House is separated from the Site by numerous neighborhoods and roadways. - Northgate Park Historic District received SL status in 2015 and is located approximately 0.54-mile southwest of the Site in Durham County. The Northgate Park Historic District is separated from the Site by numerous neighborhoods and roadways. Seventeen other historical and cultural resources currently listed as "Blockface", "Survey Only", "Surveyed Area", and "Survey Only, Gone' were identified within 1.0-mile of the Site. Due to the listing status of'Survey Only', these resources do not currently receive protection under the National Historic Preservation Act. If the listing status changes to NR, SL, or DOE prior to construction, the potential for impacts to these resources may need to be re-evaluated; however, due to the distance from the Site and the existing uses within the vicinity of the Site, it is assumed that the proposed project will have no effect on these 'Survey Only' resources. Due to the lack of known historic and cultural resources within the Site and the distance from any known historic and cultural resources, as indicated by the NCSHPO HPOWEB GIS Database (accessed January 2023), it is anticipated that the proposed project will not have a direct impact on any known NR, SL, or DOE resources. 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? The FEMA Digital Flood Insurance Rate Map (DFIRM) panels 3720083300K (effective October 19, 2018) indicate the project study area is within an area of minimal flood hazard (Zone X). There are no 0.2 % Annual Flood Hazards, 1 % Annual Flood Hazards (Zone AE), or FEMA-regulated floodways located within the Site. Miscellaneous 8 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 01_Dearborn_Cover_Letter.pdf 593.3KB 03a_CombinedAAForms_Dearborn.pdf 1.19MB 03b_CLIENTDearborn_USACE_KHA_OPTIONEE_Agent Authorization Form - Executed.pdf 131.43KB 04_BufferLetter (NBRRO #21-219) Dearborn Drive Multi -Family Package.pdf 1.59MB 05_PJD_EmailVerification_(SAW-2021-01396).pdf 13.32KB 06_Figures_Dearborn.pcif 3.85MB 07_Permit DrawingsDearborn.pdf 5.32MB 08_C400 GRADING AND DRAINAGE PLAN.pdf 2.23MB 09_Species List_ Raleigh Ecological Services Field Office.pdf File must be PDF or KMZ 744.49KB Comments To assist in your review of this NWP application, the following information has been included: • ePCN Application Form Signed Agent Authorization Forms Project Figures • Buffer Determination Letter (NBRRO# 21-219) • USACE Delineation Concurrence Email (SAW-2021-01396) • Permit Impact Drawings Site Plan Sheets • US Fish and Wildlife Service (USFWS) Project Official Species List NCDWR 401 Application Fee of $240 If you need any additional information to assist in your review of this NWP application, feel free to contact me at 919-677-2215 or Emma.Radford@Kimley-Horn.com. 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: Emma Radford, WPIT, CA Signature [tfa ROAA-� WwT U Date 5/25/2023