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HomeMy WebLinkAbout20230804 Ver 1_ePCN Application_20230605DW 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: 8/31/2022 BIMS # Assigned 20230804 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: Carpenter Falls 1a. Who is the Primary Contact?* Deborah Shirley 1b. Primary Contact Email: * dshirley@sandec.com Date Submitted 6/5/2023 Nearest Body of Water UT to Panther Creek Basin Neuse Water Classification WS-IV:NSW Site Coordinates Latitude: 36.0279 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: -78.8159 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone:* (919)846-5900 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: SHUPING GRACE J ESTATE 2b. Deed book and page no.: DB: 1999-E; DP: 000046 2c. Contact Person: ATTN LAWRENCE B SHUPING JR 2d.Address Street Address 2441 W LAKE DR Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27609 USA Yes No Yes No 2e. Telephone Number: (919)448-6308 2g. Email Address:' robert.rudloff@pultegroup.com 3. Applicant Information (if different from owner) 3a. Name: Chris Raughley 3b. Business Name: Pulte Home Company, LLC 3c. Address Street Address 1225 Crescent Green Drive, Ste.250 Address Line 2 City Cary Postal / Zip Code 27518 3d. Telephone Number: (919)448-6308 3f. Email Address: robert.rudloff@pultegroup.com 4. Agent/Consultant (if applicable) 4a. Name: Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, PA 4c.Address Street Address 8412 Falls of Neuse Road, Ste. 104 Address Line 2 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 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Durham 2. Project Identification 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (919)846-9467 2a. Property Identification Number: 2b. Property size: 0852-49-41-4518 129.84 2c. Project Address Street Address 2621 Burton Road Address Line 2 city Durham Postal / Zip Code 27704 3. Surface Waters 3a. Name of the nearest body of water to proposed project: UT to Panther Creek 3b. Water Resources Classification of nearest receiving water: WS-IV;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010404 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: * Existing conditions consist of wooded land that is bisected by streams and wetlands. The property is bound by a railroad to the north, Burton Road to the east, Carpenter Road to the west. General land use in the vicinity consist of residential and wooded 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 7.34 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 8,657 LF 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential development and it's 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 conservation subdivision consisting of 231 single-family lots and the construction of roadway infrastructure, utilities, single-family lots, amenity center and Stormwater Control Measures (SCM's). Specifically, there are stream, riparian buffer and riparian buffer impacts associated with utility connection. 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 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: SAW-2021-00582 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Lisa Long Agency/Consultant Company: Spangler Environmental Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE: Email concurrence from April Norton 05/03/2021 NCDWR: Buffer Determination by Erin Deck & Brion Byers 5/12/2021 (DWR RRO #21-081) "preliminary box checked so that this data box is activated, PJD/AJD not verified- 6. Future Project Plans 6a. Is this a phased project?* Yes 0 No 6b. If yes, explain. There will be three phases for construction, all proposed impacts are within the proposed property boundaries. 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? 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 Buffers Open Waters Pond Construction 2. Wetland Impacts O 2a1 Reason (?) Road Crossing -Fill 2b. Impact type * (?) P 2c. Type of W. * ffornland Hardwood Forest 2d. W. name W16 2e. Forested" Yes 2f. Type of Jurisdicition * ?) Both 2g• Impact area 0.155 (acres) r7l Road Crossing -Fill P Headwater Forest W23 Yes Both 0.030 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.185 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.185 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name` * 3e. Stream Type 3f. Type of 3g. S. width 3h. Impact ❑ Jurisdiction * length S1 Impact 1 - Road Crossing - Permanent Culvert Stream E Intermittent Both 6 101 Culvert Average (feet) (linear feet) g2 Impact 1 - Road Crossing - Temporary Other Stream E Intermittent Both 5 42 Temporary Construction Average (feet) (linear feet) Access S3 Impact 1 - Road Crossing - Permanent Other Stream E Intermittent Both 9 18 Permanent No Permanent Averege (feet) (linear feet) Loss - Dissipator Pad S4 Impact 2 - Road Crossing- Permanent Culvert Stream F Intermittent Both 80 Culvert Averege (feet) (linear feet) S5 Impact 2 - Road Crossing - Temporary Other Stream F Intermittent Both 5 11 Temporary Construction Average (feet) (linear feet) Access S6 Impact 2 - Road Crossing - Permanent Other Stream F Intermittent Both 8 18 Permanent No Permanent Average (reeq (linear feet) Loss - Dissipater Pad g7 Impact 3 - Road Crossing- Permanent Culvert Stream H Intermittent Both 105 Culvert Average (feet) (linear feet) gg Impact 3 - Road Crossing - Temporary Other Stream H Intermittent Both 6 8 Temporary Construction Average (feet) (linear feet) Access S9 Impact 3 - Road Crossing - Permanent Other Stream H Intermittent Both 7 18 Permanent No Permanent Average (feet) (linear feet) Loss - Dissipater Pad 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 340 61 3i. Total stream and ditch impacts: 401 3j. Comments: Total permanent loss stream = 286 LF (.036 acres); Total permanent -no permanent loss stream = 54 LF (0.009 acres); Total temporary stream = 61 LF (0.007 acres); Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. 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 Impact 1: Road Crossing P Stream E No 8,889 5,464 Impact 2: Road Crossing P Stream F No 6,094 3,658 Impact 3: Road Crossing Impact 4: Sanitary Sewer Connection (deemed allowable) P P Stream H Stream B No No 7,435 409 3,742 601 Impact 6- Road Grading P Stream H Yes 1,756 3,431 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 24,583.00 16,896.00 Zone 1 Zone 2 Total combined buffer impacts: 24,583.00 16,896.00 61. 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: A wetland and stream delineation and Neuse River Buffer evaluation for the entire property was completed in order to identify natural resources so that impacts could be avoided & minimized to the maximum extent practicable. Impact 1 is a proposed road crossing. Proposed impacts include permanent (i.e. culvert), permanent -no permanent loss (i.e. riprap dissipator), temporary (i.e. construction access) stream impacts, permanent wetland and associated riparian buffer impacts. This road crossing is necessary to provide access to the property from Burton Road. Stream, wetland and riparian buffer impacts have been minimized by utilizing retaining walls on both sides of the crossing, and by designing the crossing at a near perpendicular angle. Stream and wetland mitigation is proposed at a 2:1 ratio to compensate for the permanent stream and wetland loss. Impact 2 is a proposed road crossing. Proposed impacts include permanent (i.e. culvert), permanent -no permanent loss (i.e. riprap dissipator), temporary (i.e. construction access) stream impacts, and associated riparian buffer impacts. This road crossing is necessary to provide access to the property from Burton Road. Stream and riparian buffer impacts have been minimized by utilizing retaining walls on both sides of the crossing, and by designing the crossing at a near perpendicular angle. Stream mitigation is proposed at a 2:1 ratio to compensate for the permanent stream loss. Impact 3 is a proposed road crossing. Proposed impacts include permanent (i.e. culvert), permanent -no permanent loss (i.e. riprap dissipator), temporary (i.e. construction access) stream impacts, and associated riparian buffer impacts. This road crossing is necessary to provide access to the property from Carpenter Road. Stream and riparian buffer impacts have been minimized by utilizing retaining walls on both sides of the crossing, and by designing the crossing at a near perpendicular angle. Stream mitigation is proposed at a 2:1 ratio to compensate for the permanent stream loss. Impact 4 is a proposed Sanitary Sewer connection to an existing sanitary sewer outfall. Proposed impacts include Zone 1 & Zone 2 riparian buffer impacts. The permanent easement width is 30 foot wide and therefore these impacts are considered deemed allowable per NCAC 02b .0714(11)(kk)(i). Impact 5 is a proposed road crossing. Proposed impacts include permanent wetland impacts. This road crossing is necessary to provide secondary access to the southeastern portion of the property. Impacts have been minimized by avoiding the stream and riparian buffers to the north (i.e. Feature F) and avoiding the wetlands to the south (i.e. W18). Wetland mitigation is proposed at a 2:1 ratio to compensate for the permanent wetland loss. Impact 6 is proposed road grading. Proposed impacts include permanent riparian buffer impacts. This road grading is necessary to provide access to the property from Carpenter Road. This parcel connection to Carpenter Road is narrow and to keep all proposed activity and impacts within the property boundaries, proposed grading into Zones 1 & 2 of the riparian buffer is necessary. Stream impacts have been avoided. Riparian buffer mitigation is proposed for these non -perpendicular buffer impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Per the project engineer: The contractor will provide coffer dams and utilize pump arounds with silt fencing and silt bags, in addition to other standard E&S measures during construction activities. O 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: EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Banks 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 572 Riparian wetland 0.37 Riparian buffer 10,415 3c. Comments S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were four (4) banks listed within the 03020201 HUC that had either stream, riparian wetland and/or riparian buffer credits available. All four (4) were contacted. Attached are three Statement of Availability letters from Resource Environmental Solutions for stream, riparian wetlands and riparian buffer mitigation credits. 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 Impact 6: Road Grading/non- Perpendicular 1,756 3 5,268 Zone 2 Impact 6: Road Grading/non- Perpendicular 3,431 1.5 5,147 6f. Total buffer mitigation required 10,415 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 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 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 0 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. City of Durham Comments: 5 Wet Detention Basins sized for 90 % TSS Removal 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. 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 Carpenter Falls 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 NCDWR 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. The wastewater will travel to a sewage treatment facility through the existing gravity sewer system. Non -Discharge 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? The previous consultants reviewed NCNHP for elemental occurrences in or within one mile of the subject property. No elemental occurrences were found. S&EC is currently in the process of completing a Threatened & Endangered Species report and will submit a concurrence request to USFWS when completed. 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? 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) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? * The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on September 1, 2022, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries. 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: Yes, one sanitary sewer outfall connection and two storm pipes will be installed to carry the flow from the ponds directly to the stream channel. These areas do not impact jurisdictional wetlands/streams. A floodplain development permit has been filed with the City of Durham. 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 U Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document PCN Attachments_ Carpenter Falls.pdf 15.34MB 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: Deborah Shirley Signature evwe ; cf--t/F� Date 6/5/2023 u