20221730 Ver 2_ePCN Application_20230607 (2)

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:
3/24/2023
BIMS # Assigned
20221730
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Gracewocd Modification
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/7/2023
Nearest Body of Water
Little Beaver Creek
Basin
Cape Fear
Water Classification
WS-IV;NWS, CA
Site Coordinates
Latitude:
35.6747
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Longitude:
-78.9599
Version#*
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:[e-mail]
1c. Primary Contact Phone: *
[phone]
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
Please provide the date of the previous submission.
12/6/2022
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
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Chatham Partners, LLC
2b. Deed book and page no.:
IDS 015939, DP:01348
2c. Contact Person:
Jack Morisey
401 Water Quality Certification - Express
Riparian Buffer Authorization
*
Yes No
Yes No

2d. Address
Street Address
3605 Glenwood Ave
Address Line 2
Suite 220
City State / Province / Region
Raleigh NC
Postal / Zip Code Country
27612 us
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:'
[e-mail]
2a. Name(s) on recorded deed:
MORISEY II LLC FONVILLE VENTURES II LLC
2b. Deed book and page no.:
DB:019233, DP:00731, 00723 & 00727
2c. Contact Person:
2d.Address
Street Address
3605 Glenwood Ave
Address Line 2
Suite 220
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27612
us
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:'
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
John C. Morisey III
3b. Business Name:
Gracewood Development Inc.
3c.Address
Street Address
3605 Glenwood Ave
Address Line 2
Suite 220
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27612
us
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:"
[e-mail]
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
Address Line 2
Suite 104
city
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
9c. Nearest municipality / town:
Apex
2. Project Identification
State / Province / Region
NC
Country
US
4e. Fax Number:
[phone]
2a. Property Identification Number:
0619392568, 0619193138, 0710302635,
2b. Property size:
0710202684 & 0700905674
+/-234
2c. Project Address
Street Address
4316 Old US Highway 1
Address Line 2
City
State / Province / Region
New Hill
NC
Postal / Zip Code
Country
27562
US
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Little Beaver Creek
3b. Water Resources Classification of nearest receiving water:"
WS-IV;NWS, CA
3c. What river basins) is your project located in?"
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020609
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 onsite consists primarily of undisturbed forested land. There is one residential structure with some outbuildings and a maintained yard located in the center of the
property. Specifically, there is one (1) perennial stream (SF), seven (7) intermittent streams (SB, SC, SD, SE, SF, SG & SM), two (2) linear wetlands (LW1 & LW3), and eighteen (18)
wetland features (W1, W2, W4-W15, W17, W18,W19 & W20) located on the property. There is also one (1) Non -Jurisdictional Pond dug in high ground that is identified as'W3'. Please
see attached wetland sketch map for exact locations of each feature. General land use in the vicinity of the project is mainly forested land along with some single family residential
structures around the property. Old US Highway 1 bounds the property to the southeast.
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).
DWR Certification # - DWR#20221730 on February 7, 2023 / USACE Action ID - SAW-2020-01814 on February 14, 2023.
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.996 Acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 8,300 Linear Feet
L

4h. Explain the purpose of the proposed project: *
The purpose of this project is to construct a single-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 the construction of a single-family residential development including but not limited to; roadway infrastructure, residential lots, utilities, and SCMs.
Specifically, there are four (4) road crossings that impact streams and wetlands, one (1) utility crossing that impacts a stream and one (1) wetland fill. Equipment typically used for
construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
Note: This modification request is a result of a request from the Town of Apex and a change in their design requirements to not allow retaining walls at the end of culverts and instead
require NCDOT standard headwalls. In addition, they are requiring the slope to go from the ROW to the invert of the pipe which is resulting in an additional 10' — 20' increase in stream
disturbance at each crossing. The specific policy reads:
505 Inlets and Outlets
A. Headwalls, Endwalls and Flared End Sections
Headwalls and endwalls shall be installed on single pipe culverts greater than 36 inches in diameter, and on multiple pipe culverts greater than and including 30 inches in diameter. The
slope from pipe invert to top of berm shall not exceed 2:1. Any deviation from NCDOT standard drawings requires pre -approval of the Transportation & Infrastructure Development
Director.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O 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:
SAW-2020-01814
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
Town of Apex: Site visit on November 9th, 2020 with James Misciagno and determination issued on November 13, 2020 (Apex 20-005).
USACE: PJD/AJD issued February 7, 2023
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
This project will be constructed in 4 phases.
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 O Buffers
Open Waters Pond Construction
2. Wetland Impacts
O
Reason (?)
2b. Impact type* (')
2c. Type of W.
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area *
Impact 8
Lot Fill
P
Headwater Forest
LW3
No
Both
0.001
(acres)
Impact 7
Road Crossing
P
Headwater Forest
W17
Yes
Both
0.001
(acres)
ff�::]
Road Grading
P
Headwater Forest
W18
Yes
Both
0.026
acres)

2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.028
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.028
❑
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
M
Jurisdiction*
liength*
S1
Impact 1 - Road Crossing -
Permanent
Culvert
Stream B
Intermittent
Both
163
Culver[
Average (feet)
(linearfeet)
S2
Impact 1 - Road Crossing -
Permanent
Other
Stream B
Intermittent
Both
11
40
RlpRapD'Isslpator
Averege(feep
(linearfeet)
(Permanent -No Permanent
Loss)
S3
Impact 1- Road Crossing -
Temporary
Other
Stream B
Intermittent
Both
3
11
Temporary Construction
Average (feet)
(linear feet)
Access
S4
Impact 2 - Utility Crossing -
Temporary
Other
Stream C
Intermittent
Both
37
Open Cut
Average (feet)
(linearfeet)
S5
Impact 6 - Road Crossing -
Permanent
Culvert
Stream F
Intermittent
Both
142
Culvert
Averege (feet)
(linearfeet)
S6
Impact 6 - Road Crossing -
Permanent
Other
Stream F
Intermittent
Both
3
30
RipRap Dissipator
Ave age (feet)
near feet)
(Permanent -no -Permanent
Loss)
g7
Impact 6- Road Crossing-
Temporary
Other
Stream F
Intermittent
Both
2
12
Temporary Construction
Average (feet)
(linear feet)
Access
gg
Impact 7 - Road Crossing -
Permanent
Culvert
Stream G
Intermittent
Both
126
Culvert
Averege (feet)
(linearfeet)
S9
Impact 7- Road Crossing -
Permanent
Other
Steam G
Intermittent
Both
7
33
RlpRap Dissipatof
Averege (feet)
(linearfeet)
(Permanent -No -Permanent
Loss)
S10
Impact 7 - Road Crossing -
Temporary
Other
Stream G
Intermittent
Both
3�&el)
11
Temporary Construction
Avera(linear
feet)
Access
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
534 71
31. Total stream and ditch impacts:
605
3j. Comments:
Total permanent loss stream = 431 LF (0.030 acres); Total permanent -no permanent loss stream = 103 LF (0.017 acres); Total temporary stream = 71
LF (0.004 acres); Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
This modification request is a result of a request from the Town of Apex and a change in their design requirements to not allow retaining walls at the end
of culverts and instead require NCDOT standard headwalls. In addition, they are requiring the slope to go from the ROW to the invert of the pipe which is
resulting in an additional 10' — 20' increase in stream disturbance at each crossing. The specific policy reads:
505 Inlets and Outlets
A. Headwalls, Endwalls and Flared End Sections
Headwalls and endwalls shall be installed on single pipe culverts greater than 36 inches in diameter, and on multiple pipe culverts greater than and
including 30 inches in diameter. The slope from pipe invert to top of berm shall not exceed 2:1. Any deviation from NCDOT standard drawings requires
pre -approval of the Transportation & Infrastructure Development Director.
S&EC completed a wetland delineation and Jordan Lake Watershed Buffer evaluation for the entire property in order to identify natural resources so that
impacts could be avoided & minimized to the maximum extent practicable. Proposed impacts include four (4) road crossings, one (1) utility crossing, and
one (1) wetland impacts associated with lot fill. Jordan Lake Watershed buffer impacts will be submitted to the Town of Apex for a No Practical
Alternatives review. Impact Area 1 is a proposed road crossing to an intermittent stream. The proposed crossing will result in permanent and temporary
stream impacts, in addition to "permanent -no permanent loss" stream impacts which will consist of riprap keyed into the stream bed (i.e. the riprap to
match existing channel geometry) for stream bed stabilization. This impact is necessary to access the property from Horton Road. This road crossing
has been designed at a near perpendicular angle to minimize stream impacts. Stream mitigation is proposed at a 2:1 ratio to compensate for the
permanent stream loss. Impact Area 2 is a proposed utility crossing necessary to provide sanitary sewer to the development. Proposed impacts include
temporary intermittent stream impacts for an open -cut construction. Stream impacts have been minimized by crossing the stream at a near
perpendicular angle. Temporary stream impacts will be brought back to pre -construction elevations and the stream banks will be stabilized. Two (2)
additional future sanitary sewer crossings north of this crossing will be constructed via Bore & Jack or HDD method, see sheet 3 for locations. Impact
Area 6 is a proposed road crossing to an intermittent stream. The proposed crossing will result in permanent and temporary stream impacts, in addition
to "permanent -no permanent loss" stream impacts which will consist of riprap keyed into the stream bed (i.e. the riprap to match existing channel
geometry) for stream bed stabilization. This impact is necessary to access the southwestern portion of the property. This road crossing has been
designed at a near perpendicular angle to minimize stream impacts. Stream mitigation is proposed at a 2:1 ratio to compensate for the permanent
stream loss. Impact Area 7 is a proposed road crossing to an intermittent stream. The proposed crossing will result in permanent and temporary stream
impacts, in addition to "permanent -no permanent loss" stream impacts which will consist of riprap keyed into the stream bed (i.e. the riprap to match
existing channel geometry) for stream bed stabilization, and permanent wetland loss. This impact is necessary to access the southwestern portion of the
property. This road crossing has been designed at a near perpendicular angle to minimize stream impacts. Stream mitigation is proposed at a 2:1 ratio to
compensate for the permanent stream loss. Impact Area 8 is proposed impact to a linear wetland. This proposed wetland impacts will result in
permanent wetland fill. This impact is necessary because of its proximity to the adjacent road infrastructure and the elevations needed to allow for
stormwater to flow to the SCM. Impact Area 9 is proposed grading for a road crossing. The proposed grading will result in permanent wetland impacts.
This impact is necessary to provide access to residential lots. At all proposed road crossing impact areas, temporary stream impacts will be brought
back to pre -construction stream bed elevations and the stream banks will be stabilized.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Measures taken to avoid/minimize proposed impacts through construction techniques include pump arounds, silt fence, skimmer basins, inlet and outlet
protection.
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:
Dutch Farms Mitigation Bank & EBX sponsored RES Cape Fear 02 Umbrella Mitigation Bank,
specifically Dairyland Site
3b. Credits Purchased/Requested (attach receipt and letter)
.. _.........................
Type: Quantity:
Stream 862
3c. Comments
Permanent loss stream impact = 431; 431 @ 2:1 mitigation ratio = 862
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
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 NC DOT 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.
Town of Apex
Comments:
G. Supplementary Information
1. Environmental Documentation
la. 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 Gracewood project is a residential development. Additionally, the project is located within the town of Apex ETJ, therefore
the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Water Supply,
Watershed Protection Program which limits development densities as well as requires protective riparian buffers; 2) the Jordan Watershed Riparian
Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse flow" requirements and
may require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; and 3) 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.
Non -discharge wastewater will be generated and treated at Western Wake WRF which has a capacity of 1.65 million gallons per day.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
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?
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
November 30, 2021. The USFWS has 30 days to respond from the date of the sent request. S&EC received no response from USFWS within the 30
days meaning that they concurred with the determinations made by S&EC that the proposed actions 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.
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 November 2, 2022, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries.
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?*
INC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Gracewood MODIFICATION PCN Attachments.pdf 70.51MB
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
a�Priotn�f t�fi'tl�r�
Date
6/7/2023