20200412 Ver 2_ePCN Application_20230606

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
3/3/2023
BIMS # Assigned
20200412
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Chad Turlington:[e-mail]
Information for Initial Review
la. Name of project:
COURTESY COPY PWC Phase V Area 25 Annex
1a. Who is the Primary Contact?*
S&EC, PA - Bob Zarzecki
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/6/2023
Nearest Body of Water
Bones Creek (Stream Index No. 18-31-24-2)
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.04775-79.047186
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cumberland
Is this a NCDMS Project
Yes No
Version#*
2
Reviewing Office`
Fayetteville Regional Office - [phone]
1c. Primary Contact Phone: *
[phone]
a
Is this project a public transportation project?*
Yes No

1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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
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
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:
Fayetteville Public Works Commission (PWC)
2b. Deed book and page no.:
N/A
2c. Contact Person:
Joseph E. Glass
2d.Address
Street Address
955 Old Wilmington Rd
Address Line 2
City
Fayetteville
Postal / Zip Code
28302
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
United States
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Bob Zarzecki
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address Line 2
City
Raleigh
Postal / Zip Code
Raleigh
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Fayetteville
2. Project Identification
2a. Property Identification Number:
N/A- Linear Utility Project
2c. Project Address
Street Address
1560 Rim Road
Address Line 2
City
Fayetteville
Postal / Zip Code
28314
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Bones Creek (Stream Index No. 18-31-24-2)
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.
030300040608
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
2b. Property size:
+/- 21
State / Province / Region
NC
Country
United States
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: *
Please see attached "PWC Phase V Area 25 - Project Description". The proposed impact location is within the PWC easement on REID: 9487526393000, 1560 Rim Road, a 8.9 acre
residential property. The impact location is within a forested streamside area on this property. Surrounding land uses include primarily residential subdivisions.
a

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2020-00326 email verification issued 4/23/2020*
DWR Project No. 20-0412 issued 4/17/2020*
* Impacts have not yet occurred & are now intended to occur under NWP58 & GC4276
4f. List the total estimated acreage of all existing wetlands on the property:
5.71
4g. List the total estimated linear feet of all existing streams on the property:
1438
4h. Explain the purpose of the proposed project: *
The purpose of this project is to connect existing properties which have a septic system to a sanitary sewer system.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Please see attached "PWC Phase V Area 25 - Project Description". The overall project consists of the construction of sanitary sewer connections within a existing residential
neighborhoods. Heavy equipment typically used for the sanitary sewer installation will be used (e.g. excavators, bulldozers, etc.).
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
S&EC,PA completed the attached wetland delineation. Applicant is not requesting a JD for this
project.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
accepted for 2020 permit verification
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental Consultants, PA
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
The entirety of the Phase V Area 25 sanitary sewer annexation project is requested within this application. Only a single stream crossing is necessary for the project. Directional drilling
methods are proposed under the west arm of Lake Rim which do not require a permit for the USACE or DWR. 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 i Buffers
Open Waters Pond Construction
3. Stream Impacts
Q
V
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*
g1
Impact A- Utility Crossing
Temporary
Other
Stream "13% UT to Lake Rim
Intermittent
Corps
10
30
(Permanent- No permanent
(Bones Creek)
Average (feet)
(linear feet)
loss)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 30

3i. Total stream and ditch impacts:
30
3j. Comments:
Temporary stream impacts are only 0.007 acres.
The proposed impact location is just above Wetland "11" and just below an existing, actively used stream crossing, to avoid any wetland impacts.
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:
The City of Fayetteville and the Public Works Commission adopted a construction and funding agreement that would install sanitary sewer services to
500 lots per year beginning in 2010, the Fayetteville Annexations -Phase V Area 25 Improvements is a phase of that overall project. Specifically, the
project will connect existing properties that have septic systems to sanitary sewer. Some portions of the project will require the connections be made
through jurisdictional wetlands and streams, these connections were avoided to minimize to the maximum extent practicable. The project has been
limited to only one perpendicular crossing which requires temporary stream impacts of 30 If / 0.007 acres. Impact Area A is proposed temporary stream
impact for a utility (sewer) crossing. Note that all temporary stream impacts will be brought back to pre -construction stream bed elevations and the
stream banks will be stabilized and brought back to pre -construction contours. The project will also use directional drill methods to drill a 12" watermain
under a wetland (no impact) as shown on the attached plans.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion and Sediment Control Plan will require measures to protect water quality during construction activities.
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:
Because the only impact associated with this project is a temporary stream impact with no permanent loss.
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:
It is not adjacent nor includes State mandated protected riparian buffers.
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 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 Fayetteville
Comments:
Note this is a PWC annexation project for existing developments and does not require a stormwater management plan. As such, no Phase II NPDES plans will be required.
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
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
O
v
rn
Yes No

Comments:*
The proposed project falls below the general minimum criteria and as per the project engineer, the project falls below the specific minimum criteria as per
15A NCAC 01C .0408 (i.e. the project does not propose > than 3 miles of sewer or more than 1,000,000 MGD flow).
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 Fayetteville Annexation Phase Area 25 project is a publicly funded project within an already developed landscape. This
project is providing sanitary sewer to existing properties that currently have septic systems. Additionally, the project is located within the City of
Fayetteville ETJ, therefore the adjacent properties that have potential for development will have 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. 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.
This project involves a PWC annexation of existing neighborhoods into the PWC sanitary sewer system and treatment plant. PWC and DWR will ensure
that available capacity exists.
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 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 INC Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within and
within 1-mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally
Threatened/Endangered within or within 1-mile of the project boundaries. References: NC Natural Heritage Program. 2019. Geographic Information
System (GIS) data. NCDNCR, Raleigh, INC. Available at http://www.ncnhp.org/. The project was previously approved and no new species have been
added that have suitable habitat within the project area / action areas.
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)
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 March 19, 2020, 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.
Please note that the SHPO-HPO-WEB database identifies the "Frank Stedman Fish Hatchery (John E. Pechmann Fish Education Center)" district
(SHPO Site ID CD1378) within the portion of the project along the norhtern shoreline of Lake Rim (Bones Creek). This site was Deteremined Eligible
(DOE) in 2014, but has not yet been listed on the National Register of Historic Places. Also, while the sanitary sewer line will travers through a portion of
this site, there are no WOTUS impacts within this section of line. The requested WOTUS impacts are located outside of this district.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination? *
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
0
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
PWC Phase V Area 25 Annex - Courtesy Copy - PCN ATTACHMENTS.pdf 37.66MB
File must be PDF or KMZ
Comments
As the project has been limited to a single perpendicular crossing of a stream (30 If / 0.007 acres) and all other conditions of NWP58 & GC4276 can be met, only courtesy notification is
provided here to the USACE and DWR.
Note also that the project was previously approved by the USACE and DWR in 2020 under NWP12 & GC4133, but the impacts never occurred.
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:
S&EC, PA - Bob Zarzecki
Signature
.WI CI ~-1050 Z-w
Date
6/6/2023
O