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HomeMy WebLinkAbout20230791 Ver 1_ePCN Application_20230602DW 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: 4/20/2023 BIMS # Assigned 20230791 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Deep River East Phase 2 1a. Who is the Primary Contact?* Morgan Gilbert 1b. Primary Contact Email: * morgan.gilbert@timmons.com Date Submitted 6/2/2023 Nearest Body of Water Big Buffalo Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: 35.544047 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Lee Is this a NCDMS Project Yes No Longitude: -79.234097 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Joseph Myers:joseph.myers@ncdenr.gov 1c. Primary Contact Phone:* (919)866-4951 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: 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 58 - Utility Line Activities for Water and Other Substances (frequently used) 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 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. Nani on recorded deed: LGI HOMES -NC LLC 2b. Deed book and page no.: Book 1651, page 408 2c. Contact Person: Josh Spiegel 2d. Address Street Address 1450 Lake Robbins Drive, Suite 430 Address Line 2 City State / Province / Region The Woodlands Texas Postal/Zip Code Country 277380 USA Yes No Yes No 2e. Telephone Number: (980)722-0391 2g. Email Address:* josh.spiegel@lgihomes.com 4. Agent/Consultant (if applicable) 4a. Name: Morgan Gilbert 4b. Business Name: Timmons Group 4c.Address Street Address 5410 Trinity Road, Suite 102 Address Line 2 City Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)866-4951 4f. Email Address: morgan.gilbert@timmons.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Sanford 2. Project Identification 2a. Property Identification Number: 962593820500 and 963502288400 2c. Project Address Street Address Located approximately 0.14-mile southeast of the intersection of Cumnock Road and Cotten Roai Address Line 2 City Sanford Postal / Zip Code 27330 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Big Buffalo Creek 3b. Water Resources Classification of nearest receiving water: C 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. 030300030606 4. Project Description and History 2f. Fax Number: State / Province / Region North Carolina Country USA 4e. Fax Number: 2b. Property size: 50.24 State / Province / Region North Carolina Country USA a 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 Deep River East Phase 2 site (the Site) is approximately 50.24 acres located approximately 0.14-mile southeast of the intersection of Cumnock Road and Cotten Road in Sanford, North Carolina within Lee County. The Site consists of mixed -hardwood pine forest and open maintained area. The Site is bound by Cotten Road and forested areas to the north; by forested areas and commercial and residential development to the east; and by forested areas and U.S. Highway 421 to the south and west. The proposed residential development will consist of 90 single-family homes; amenities such as a greenway, bus stop, mail kiosk, and green space; stormwater control measures (SCMs); roadways; and utility improvements (i.e., public water supply and sanitary sewer alignment). Approximately 25.51 acres of the Site will be designated as open space. A delineation of the western portion of the Site was completed by Timmons Group on March 25, 2021 and April 8, 2021. An informal PJD approval (SAW-2021-00985) was received from Lyle Phillips of the USACE on February 16, 2022 after the on -Site review on June 17, 2021. Since the on -Site review and informal PJD approval, the review area was expanded by 11.6 acres along the southeastern portion of the Site to include the total anticipated limits of disturbance associated with the project. Timmons Group conducted a field delineation on February 14, 2023 to identify potential jurisdictional waters of the U.S. (WOTUS) within the additional area that is now included in the Site. During the delineation of the additional area, it was determined that there were uplands present within areas that were previously delineated and confirmed as wetland. On February 27, 2023, a portion of the Site totaling 35.8 acres immediately west of the additional area that was previously confirmed was re -delineated. At the time of this permit application, the additional area and the area that was re -delineated has not been confirmed by the USACE. The Preliminary Jurisdictional (PJD) request addendum submitted on March 21, 2023 is included in Appendix B. Additional information of the ephemeral features onsite was provided to the USACE on April 14, 2023. 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: 5.02 4g. List the total estimated linear feet of all existing streams on the property: 3743 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a single-family residential development and the necessary amenities with community cohesion within northwestern Lee County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project is a multi -phased residential development that is located approximately 0.14-mile southeast of the intersection of Cumnock Road and Cotton Road in Sanford, North Carolina within Lee County. The proposed residential development will consist of 90 single-family home lots; amenities such as a greenway trail, bus stop, mail kiosk, and green space; stormwater control measures; roadways; and utility improvements (i.e., public water supply and sanitary sewer alignment). All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. SCMs are required and will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No 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-2021-00985 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Morgan Gilbert, Kate Hefner, Amanda Johnson, and Emory Quillian Agency/Consultant Company: Timmons Group Other: Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 03/25/2021 — Begin delineation by Timmons Group personnel of original 413.21 acres (Project: Village at Deep River) 04/07/2021 — Delineation completed by Timmons Group personnel (Village at Deep River) O5/07/2021 — Preliminary Jurisdictional Determination submitted to the USACE office 06/ 17/2021 — On -Site review with Lyle Phillips of original 413.2 acres 02/16/2022 — Informal Preliminary Jurisdictional Determinations for SAW-2021-00985 received from Lyle Phillips of the USACE via email 02/14/2023 — Delineation of additional area (11.6 acres) completed by Timmons Group personnel 02/27/2023 — Portion of previously confirmed area of Site (35.8 acres) re -delineated by Timmons Group personnel; current site acreage totaling 47.4 acres designated for permitting purposes (Deep River Phase 2) 03/15/2023 — Preliminary Jurisdictional Determination Addendum for additional area and re -delineated area submitted to Lyle Phillips of USACE 04/14/2023 — Additional information of ephemeral features on -site provided to the USACE 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. The proposed project is for Phase 2 (of 2) of the Deep River East development. This development is being completed independent of Phase 1, located north of Cotten Road, with no dependence on utility connections, road, or other means. Both phases meet the definition of Independent Utility as each phase individually would be constructed absent the construction of other phases and projects in the area. 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 other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this permit application. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts O 2a1 Reason (?) Utility Construction 2b. Impact type * (?) T 2c. Type of W. * Headwater Forest 2d. W. name U2 2e. Forested * Yes 2f. Type of Jurisdicition * ?) Both 2g• Impact area 0.003 (acres) r7l Utility Construction T Headwater Forest U2 �Ye=Both 0.013 (acres) 2g. Total Temporary Wetland Impact 0.016 2g. Total Wetland Impact 0.016 2g. Total Permanent Wetland Impact 0.000 2i. Comments: Impacts 3 and 4 (Sheets CWI-2.3 and 2.4) total 0.0155-ac. (673-sq.ft.) of permanent conversion from palustrine forested (PFO) to emergent (PEM) wetland impacts (listed as temporary impacts) necessary for the installation and maintenance of a utility easement. The easement is proposed to be 20- ft. wide. Impact areas will be stabilized following construction and proper seeding methods will be used (Sheet CW-3.0). 3. Stream Impacts F I 3a. Reason for impact (?) 3b.ImPact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact (?) Jurisdiction* length* S1 Grading (Impact 1) Permanent Fill Z3 Intermittent Both 2 28 Average (feet) (linear feet) S2 5' Construction Buffer (Impact Temporary Other Z3 Intermittent Both 1) Average (feel) (linear feet) S3 Utility Construction (Impact 2) Temporary Other D4 Intermittent Both 4 36 Average (feet) (linear feet) S4 Utility Construction (Impact 5) Temporary Other R4 Intermittent Both � 29 Average (feeQ (linear feet) 3i. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 28 70 3i. Total stream and ditch impacts: 98 3j. Comments: The Deep River East project is proposing a total of 28-I.f. (0.0013-ac.) of permanent and 70-I.f. (0.0062-ac). of temporary stream impacts Impact 1 consists of 28-If (0.0013-ac./56-sq.ft.) of permanent fill stream impact associated with site grading. A 5-ft. temporary construction buffer resulting in 5-If (0.0002-ac./10-sq.ft.) of temporary stream impact has been included to account temporary impacts to the stream that may result from the grading (Sheet CWI-2.1). The temporary impact areas will be stabilized prior to construction and all impacted areas will be returned to pre -construction conditions immediately following installation (Sheet CWI-3.0). Additionally, a stormwater outlet with a rip rap dissipator is being proposed to maintain appropriate hydrological input to the stream feature that will avoid indirect loss. Impacts 2 and 5 total 65-If (0.006-ac./260-sq.ft.) of temporary stream impacts associated with the installation of an aerial sewer line to connect the proposed development to public utilities. Downstream flow will be maintained during installation and all impacted areas will be returned to pre - construction conditions immediately following installation. Additionally, pilings will be placed 20-feet apart and greater than 5 feet from the top -of -bank JOB) of the stream. E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts proposed are necessary in order for the project's goals to be realized. The aerial sewer line will avoid and minimize potential impacts to wetlands and streams and reduce the likelihood of erosion and stream obstructions by installing the pipe a sufficient distance above the bankfull elevation, avoiding direct impacts to streams, and reducing the number and size of piers to only what is necessary. Erosion and sediment control measures will be used to avoid and minimize any potential impacts to water quality. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of disturbance within jurisdictional waters. 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: The proposed impacts do not exceed the NWP threshold of 0.1-acre of wetland impact and 0.02-acre of stream impact, therefore, no mitigation is required. 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 If no, explain why: The project is located within the Cape Fear River Basin and therefore is not subject to the NC Riparian Buffer Protection Rules. 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 3. Stormwater Requirements No 0 u 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management Plan Antidegradation Calculations Comments: The City of Sanford reviews stormwater management plans (SMPs) as part of the construction review process; however, there are no local stormwater program or permitting requirements. Also, the project is not located in a Phase II Stormwater area. Therefore, a stormwater permit is not required for this project. Stormwater control measures are still proposed, and additional plans are attached in Appendix D of the attachments. 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 L 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 a single and complete project that will not result in additional impacts. All impacts associated with the project are accounted for herein. 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 wastewater will be directed to the Big Buffalo Wastewater Treatment Plant that has a capacity of 12 million gallons per day. 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 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? A search of the USFWS Information and Planning and Consultation (IPaC) database on May 30, 2023 identified two federally protected species as potentially occurring within the project area: the Cape Fear shiner and Harperella. The IPaC database further identified one candidate species for listing, the monarch butterfly, as potentially occurring within the project area. The IPaC database also included the tri-colored bat as proposed endangered. No critical habitats were identified within the project area or a 1-mile radius. Additionally, a search of the North Carolina Natural Heritage Program (NHP) database on April 18,2023 did not identify any Federally threatened or endangered species within the project area. However, the NHP report did identify one elemental occurrence for the Cape Fear shiner (EO ID 3224) within a 1-mile radius of the project area. State listed species were found within the project area as listed in the attached NHP report. The NHP report also identified two natural areas documented with a mile radius of the Site, including Endor Iron Furnace Natural Area and CPF/Deep River below High Falls Aquatic Habitat. Cape Fear shiner is most often found in rocky pools and runs adjacent to riffles in wide, shallow segments of rivers with gravel, cobble and/or boulder substrates with forested banks. Streams with flatter gradients and sand/silt dominated substrata are less suitable habitat for the Cape Fear shiner, but these areas may be used to move between rocky sections of the stream. According to NCNHP data, Cape Fear shiner has been documented in Deep River within 1 mile of the Site; however, Big Buffalo Creek connects to the Deep River approximately 1.2-miles downstream of the Site. Although perennial stream features I and D4 are predominantly made up of cobble and gravel with sand, silt, and detritus throughout with flowing water, they both splay into the forested wetland area in the central area of the Site, and have no direct hydrological connection to Big Buffalo Creek, and ultimately to Deep River. Intermittent stream feature R4, located further downslope than feature I, is predominantly made up of sandy and silty bed substrate, with little cobble, and gravel, with weak baseflow and weak in -channel structure. This intermittent stream feature is suspected to connect with Big Buffalo Creek downstream but does not connect within the Site limits. Perennial stream feature C4, Big Buffalo Creek, is located along the very southern boundary of the Site. Although Big Buffalo Creek contains suitable habitat for Cape Fear shiner, construction activities will not be occurring in the vicinity of the stream. No species observations were made within any streams during site investigations and the NCNHP report did not identify any documented species occurrences within the Site. Only temporary stream impacts are proposed for the project to install an aerial sewer line across two intermittent unnamed tributaries of Big Buffalo Creek. The aerial stream crossing will avoid and minimize potential impacts to the Cape Fear shiner by installing the pipe above the bankfull elevation, avoiding direct impacts to streams, and reducing the number and size of piers to only what is necessary. Due to the lack of suitable habitat at the proposed stream impact locations, it is our opinion that the project will have no effect on the Cape Fear shiner. Harperella occupies both riverine and ponded habitats. In the riverine habitat, it grows on rocky, sandy, or gravelly shoals and margins of clear, swift flowing reaches of seasonally flooded streams. It can also be in such fluvial habitats as crevices of exposed bedrock and, rarely, along sheltered muddy stream banks. The streams onsite do not represent suitable habitat due to the lack of swift flowing reaches and exposed bedrock. The streams onsite are made up of mostly sand, silt, cobble, and gravel, with sheltered, stream banks. No species observations were made within or around any onsite streams during site investigations and the NCNHP report did not identify any documented species occurrences within the Site or a 1-mile radius. Therefore, it our opinion that the project will have no effect on Harperella. On September 14, 2022, the USFWS announced a proposal to list the tricolored bat as endangered under the ESA. The USFWS has not provided an official effective listing date, but it is anticipated to occur in the second half of 2023. Upon listing, the USFWS is expected to provide an area of influence/distribution range for tricolored bat. During the winter, tricolored bats are found in raves and mines, although in the southern United States, where caves are sparse, tricolored bats are often found roosting in road -associated culverts. During the spring, summer, and fall, tricolored bats are found in forested habitats where they roost in trees, primarily among leaves, and within artificial roosts like barns, beneath porch roofs, bridges, concrete bunkers, culverts, and rarely within caves. The Site is occupied by mixed hardwood and pine forested areas. The culverts onsite are less than 5 feet in diameter and would not be suitable roosting and hibernating habitat for tricolored bat. The NCNHP database did not identify any known occurrences within a 1-mile radius of the Site. According to NCNHP data, the nearest documented occurrence of tricolored bat is approximately 10 miles from the Site. Due to the presence of potential suitable roosting habitat in forested areas, it is our opinion that the proposed project is not likely to jeopardize the continued existence of the tricolored bat. The monarch butterfly's habitat is ubiquitous throughout the state and disturbance to areas with potentially suitable habitat is minimal. Therefore, it is our opinion that the proposed project will have no effect on the monarch butterfly. 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? NOAA Essential Fish Habitat Mapper 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? A search of the North Carolina Natural Heritage Preservation Office's (HPO) online database and the North Carolina Department of Natural and Cultural Resources (DNCR) Division of Historical Resources (DHR) data identified 16 historical resources as occurring within a 1-mile radius of the proposed project limits. No historical resources were identified within the project area. The listings identified within the specified search radius include one Centerpoint for a Historic District (SLHD), one Individual National Register listing (NR), one Surveyed Only — Gone (SD), one Study List (SL), nine Surveyed Only (SO) sites, and three Blockface (BF). The nearest listing, the Saint Paul AME Zion Church and Cemetery Site ID LE0228 (SO), is located approximately 0.09-mile west of the Subject Property. A total of 10 of the listing were within the limits of the Historic District listing, approximately 0.23- mile northwest of the Subject Property. Considering the proposed project's consistency with the surrounding land use, along with all proposed work being limited to the project area, the project area's distance from all listings, and existing land use between the site and listings, the proposed project should have no effect on historical resources. 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: According to FEMA FIRM Panels 3710963500K and 3710962500K (effective date 02/02/2007), the southern portions of the project area are located within Zone AE, an area with 1 % annual chance flood hazard with base flood elevations between 229 to 231 feet above mean sea level. The remainder of the site is located within Zone X, an area of minimal flood hazard. The 100-year floodplain is associated with Big Buffalo Creek. Work proposed in the floodplain or floodway is limited to those associated with the construction of a sanitary sewer easement and aerial sewer line. 8c. What source(s) did you use to make the floodplain determination?" FEMA FIRM panels 3710963500K and 3710962500K (effective 02/02/2007) 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 dreg and drop files here to attach document 2023.06.02_Deep River East Phase 2_Attachments Package (reduced).pdf 16.53MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Morgan Gilbert Signature Date 6/2/2023 0