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HomeMy WebLinkAboutPre-Construction Notification (PCN) Form_WESLEY DOWNS_UPDATED 5-15-2023.pdfDWR oirlslna of ware, 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 Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN % 20Help % 20File % 202018-1-30.pdf A. Processing Information Pre -Filing Meeting Date Request was submitted on: 9/8/2022 If this is a courtesy copy, please fill in this with the submission date. 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 Click Yes, only if NCDMS is the applicant or co -applicant. DO NOT CHECK YES, UNLESS YOU ARE DMS OR CO -APPLICANT. Is this project a public transportation project?* Yes No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. 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 1 b. 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: 29 - Residential Developments NWP Numbers (for multiple NWPS): List all NW numbers you are applying for not on the drop down list. 1d. Type(s) of approval sought from the DWR: check all that apply 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 1e. Is this notification solely for the record because written approval is not required? * 401 Water Quality Certification - Express Riparian Buffer Authorization For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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? If so, attach the acceptance letter from mitigation bank or m-lieu fee program. Yes No Acceptance Letter Attachment Click the upload button or drag and drop files here to attach document FILE TYPE MUST BE PDF 1 h. 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 Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination[Frout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Deborah Shirley 1c. Primary Contact Phone: 1b. Primary Contact Email: pax)xxx-xxxx dshirley@sandec.com (919)846-5900 1d. Who is applying for the permit?* Owner Applicant (other than owner) (Check all that apply) le. Is there an Agent/Consultant for this project?" Yes No 2. Owner Information 2a. Name(s) on recorded deed:* Holder Dollie Estelle Holder Steve Holder Charles D Heirs 2b. Deed book and page no.: DB:002279,DP:00403; D13:000402, DP:000227 2c. Contact Person: (for Corporations) 2d.Address" Street Address 4814 Holder Rd Address Line 2 N/A City State / Province / Region Durham NC Postal / Zip Code Country 27703-950 United States of America 2e. Telephone Number:* (919)236-3052 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address: charlie.yokley@lennar.com 2a. Name(s) on recorded deed: Holder Frank M 2b. Deed book and page no.: D13:009105, DP:000505 2c. Contact Person: (for Corporations) 2d. Address* Street Address 409 Broach Rd Address Line 2 N/A City State / Province / Region Durham NC Postal / Zip Code Country 27703-950 United States of America 2e. Telephone Number: (—bxx-xxxx (919)236-3052 2f. Fax Number: (.xx)xxx-xxxx 2g. Email Address: charlie.yokley@lennar.com 2a. Name(s) on recorded deed: Holder Richard Wayne Holder Teresa M 2b. Deed book and page no.: DB:001553, DP:000867 2c. Contact Person: (for Corporations) 2d.Address* Street Address 325 Broach Rd Address Line 2 N/A City State / Province / Region Durham NC Postal / Zip Code Country 27703-950 United States of America 2e. Telephone Number:* ("XbXx-xxxx (919)599-0639 2f. Fax Number: 2g. Email Address: * charlie.yokley@lennar.com 3. Applicant Information (if different from owner) 3a. Name:* Charlie Yokley 3b. Business Name: (if applicable) Lennar Corportion-Raleigh Division 3c. Address Street Address 1100 Perimeter Park Drive Address Line 2 Suite 112 City State / Province / Region Morrisville NC Postal / Zip Code Country 27560 United States of America 3d. Telephone Number:* (919)236-3052 3e. Fax Number: 3f. Email Address:* charlie.yokley@lennar.com 4. Agent/Consultant (if applicable) 4a. Name:* Deborah Shirley 4b. Business Name: (if applicable) Soil & Environmental Consultants, PA 4c. Address Street Address 8412 Falls of Neuse Road Address Line 2 Suite 104 City Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address: * dshirley@sandec.com C. Project Information and Prior Project History 1. Project Information 1 a. Name of project:* Wesley Downs 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Durham 2. Project Identification State / Province / Region NC Country United States of America 4e. Fax Number: (xxx)xxx-xxxx 2a. Property Identification Number: (tax PIN or parcel ID) 0850-36-28-2845, 0850-37-72-4094, 0850-46- 37-8567, 085046-36-6064, 0850-46-34-8132, 2b. Property size: 085046424997, 0850-46-64-2594 & 0850- (in acres) 46-77-2810 60.27 2c. Project Address Street Address 344 Broach Rd Address Line 2 N/A City State / Province / Region Durham NC Postal / Zip Code Country 27703 United States of America 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude: * Longitude: 35.966384-78.820042 ex34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Little Lick Creek 3b. Water Resources Classification of nearest receiving water: WS-IV;NSW Surface Water Lookup U lk.:"J 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located." 030202010504 River Basin Lookup 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * Existing conditions consist of 8 parcels on the east and west sides of Broach Road. The land is partially wooded with agricultural fields and an existing utility easement running parallel with the western perennial stream. There are two streams (A & B), four wetlands (W1 [Isolated],W2, W3, & W4) and two ponds (Pond 1 [Isolated/upland] & Pond 2) within the project boundary. The general land use in the vicinity consist of rural residential, wooded and agricultural land. 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: Approximately 2.02 acres of wetlands 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) Approximately 2,062 LF of Streams 4h. Explain the purpose of the proposed project: The project purpose is to construct a mixed single family and multi -family residential development and its necessary infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The overall project consists of a residential development consisting of 226-units (102 single family and 124 townhome) to include, but not limited to the construction of roadway infrastructure, utilities, lots, amenities and Stormwater Control Measures (SCM's). Specifically, there are stream, riparian buffer, wetland and open water impacts associated with road crossings, utilities, and lot fill. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers, etc. will be utilized for this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: Example: SAW-2017-99999 SAW-2021-00741 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Steven Ball Agency/Consultant Company: Soil & Environmental Consultants, PA. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR. USACE verification on 10/22/2021 -April Norton (SAW-2021-00741) DWR Buffer Determination Letter issued on 05/03/2021 - Erin Deck (DWR RRO #21-103) 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. This is a phased project during construction, all proposed phases are currently shown. 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". 2a1 Reason * (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name' 2e. Forested �' 2f. Type of Jurisdicition* 2g. Impact area Impact C Sanitary Sewer Connection (Permanent- No permanent loss) P Bottomland Hardwood Forest W2 Yes Both 0.033 acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.033 2g. Total Wetland Impact 0.033 2i. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. "S." will be used in the table below to represent the word "stream". 3a. Reason for impact* (') 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* [3u Type of 3Swidth* 3h. I(?) risdiction* length* S1 Impact A -Road Crossing - Permanent Culvert Stream A Perennial Both 107 Culvert Average (feet) (linear feet) S2 Impact A -Road Crossing- Temporary Other Stream A Perennial Both 6 76 Temporary construction access Average (feet) (linear feet) S3 Impact A -Road Crossing Permanent Other Stream A Perennial Both 7 32 Riprap dissipator Pad - Average (feet) linear feet) (Permanent - No permanent loss) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 139 31. Total temporary stream impacts: 76 31. Total stream and ditch impacts: 215 3j. Comments: Total permanent loss stream = 107 (0.018 acres); Total Permanent -no permanent loss stream = 32 LF (0.013 acres); Total temporary stream = 76 LF (0.010 acres); Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. Impact B 4a1. Impact Reason Road Crossing 4b. Impact type*(?) P 4c. Name of waterbody (?) Pond 2 4d. Activity type* Fill 4e. Waterbody type* Pond 4f. Impact area* 0.09 (acres) Impact B Lot Fill IF lff2 Fill Pond 0.17 acres) 4g. Total temporary open water Impacts: 0.00 4g. Total permanent open water impacts: 0.26 4g. Total open water impacts: 0.26 4h. Comments: 6. Buffer Impacts (for DWR) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below. 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* Impact A -Road Crossing P Stream A No 9,705 (square feet) 4,680 (square feet) 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 Zone 2 0.00 0.00 Zone 1 Zone 2 9,705.00 4,680.00 Zone 1 Zone 2 9,705.00 4,680.00 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: * S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts could be avoided and minimized to the maximum extent practicable. Impact A is proposed road crossing to a perennial stream. Proposed impacts include permanent (culvert), permanent -no permanent loss (dissipator pad), and temporary (construction access/dewatering) stream impacts and riparian buffer impacts. Per the City of Durham, this road crossing is necessary to provide interconnectivity to the existing Bristlewood Drive Road stub to the west. Impacts have been minimized by utilizing headwalls and wing walls and crossing the stream and riparian buffer at a near perpendicular angle. Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. Impact B is proposed open water impacts for a road crossing and lot fill. Proposed impacts include permanent open water impacts. Per the project engineer, these "fill" impacts are necessary per the City of Durham rezoning review and a committed road connection directly to the east at the property boundary. This connection is needed per City of Durham's code requirements. If the pond and its dam was to remain with this necessary public road connection, the dam of the pond would become a hazard for the road. The road needs to be downstream of the pond due to existing topographic constraints. Impact C is a proposed sanitary sewer connection to an existing City of Durham 25' wide sanitary sewer easement. Proposed impacts include permanent -no permanent loss wetland impacts (i.e. change of wetland function) and "deemed allowable' Zone 2 buffer impacts. This impact has been minimized by connecting perpendicular to the wetland and impacting Zone 2 only. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: * There is a proposed a stream diversion channel and a cofferdam as a part of the erosion and sedimentation plan to install the proposed culvert. Silt fence with silt fence outlets will be installed all around the perimeter of the project with diversion ditches that maintain the majority of drainage from the site to sediment basins during construction activities until the permanent storm system will be installed. 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: Permanent loss stream impacts are less than 0.02 acres, permanent loss wetland impacts are less than 0.10 acres. Impacts have been avoided to the maximum extent practicable. Therefore compensatory mitigation in the form of mitigation payment has not been proposed. NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. 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 (check all that apply) For a list of options to meet the diffuse flow requirements, click here 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 To look up low density requirement click here 15A NCAC 02H .1003(2). 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 Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer no to this question. 2d. Which of the following stormwater management programs) apply (check all that apply):" Local Government State If you have a local government approval please include the SMP on their overall impact map. Local Government Stormwater Programs* Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Durham Comments: 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 (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Wesley Downs project is a residential development. Additionally, the project is located within the City of Durham jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements, and 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers. We anticipate that the DWR will advise us if any additional information is needed. 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. Non -discharge. Wastewater will be treated at a local City of Durham treatment plant. The City of Durham has issued a Utility Extension Agreement that promises sufficient capacity 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8?* Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal?* Yes No Link to the NILES SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 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? * S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on 03/08/2021. S&EC completed a follow up survey for Michaux's Sumac on August 18, 2022, and the results were forwarded to FWS. The S&EC determinations were that the proposed project is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report and FWS correspondence. 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 Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http_//gis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? * The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on February 15, 2021. A request for Environmental Review was submitted to SHPO requesting comments on February 17, 2021. A SHPO response letter was provided on May 20, 2021 indicating that they are not aware of any historic resources that would be affected by the proposed project. Please see attached SHPO letter ER 21-0938. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. Miscellaneous Comments 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 PCN Attachments_ Wesley Downs.pdf 14.94MB File must be PDF or KMZ 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:* Deborah E. Shirley Signature* Date 4/18/2023