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