20230870 Ver 1_14741 PCN_FillableForm_v4-3_Mica Ridge Final_signed_20230615

Page 1 of 25 PCN Form Version 4.3- April 20, 2022
Office Use Only
Corps Action ID no. [Click to enter.] Date received: [Click to enter.]
DWR project no. [Click enter.] Date received: [Click to enter.]
Site Coordinates:
Latitude (DD.DDDDDD): 35.957384
Longitude (DD.DDDDDD): 78.837725

Form Version 4.3, April 20, 2022

Pre-Construction Notification (PCN) Form
(Ver. 4.2, January 31, 2022))

For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications

Please note: fields marked with a red asterisk * are required. The form is not considered complete until all
mandatory questions are answered.

The PCN help document may be found at this link:
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1

Please ensure you have submitted a pre-filing meeting request at least 30 days prior to submitting this
form, as DWR will not be able to accept your application without documentation of this important first step.
The Division has developed a Pre-filing Meeting Request email address [e-mail] to accept
the federally required pre-filing meeting request and provide confirmation receipt of submittal . This receipt
or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states “At least 30 days prior to
submitting a certification request, the project proponent shall request a pre-filing meeting with the certifying
agency.” In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must
include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30
days prior to submitting the certification request.   

Attach documentation of Pre-Filing Meeting Request to this Application.

Date of Pre-filing Meeting Request (MM/DD/YYYY) *: 2/14/2023

Page 2 of 25 PCN Form Version 4.3- April 20, 2022

A. Processing Information
County (counties) where project is located: * Durham Additional (if needed).
Is this an ARPA project? * ☐ Yes ☒ No
If yes, ARPA project number:
* The project number can be found on the “Letter of Intent to Fund”
(LOIF) or “Offer and Acceptance Letter”. If you are unable to locate
your DWI ARPA Funding Project Number, please contact Corey
Basinger at [e-mail] for further assistance.
N/A
Is this a NCDMS project? *
(Click yes only if NCDMS is the applicant or co-
applicant)
☐ Yes ☒ No
Is this a public transportation project? *
(Publicly funded municipal, state, or federal road, rail,
or airport project)
☐ Yes ☒ No
Is this a NCDOT project? * ☐ Yes ☒ No
If yes, NCDOT TIP or state project number: N/A
If yes, NCDOT WBS number: * N/A
1a. Type(s) of approval sought from the Corps: *
☒ Section 404 Permit (wetlands, streams, 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. * Click to enter a date.
1b. What type(s) of permit(s) do you wish to seek
authorization? *
☒ Nationwide Permit (NWP)
☐ Regional General Permit (RGP)
☐ Standard (IP)
This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps
representative concerning submittals for standard permits. All required items can be included as attachments and
submitted with this form.
1c. Has the NWP or GP number been verified by the Corps? * ☐ Yes ☒ No
NWP number(s) (list all numbers ): NWP 29 & 58
RGP number(s) (list all numbers ): Click to enter.
Are you a federal applicant? ☐ Yes ☒ No
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act *
N/A
1d. Type(s) of approval sought from DWR (check all that apply): *
☒ 401 Water Quality Certification – Regular ☐ 401 Water Quality Certification– Express
☐ Non-404 Jurisdictional General Permit ☒ Riparian Buffer Authorization
☐ Individual 401 Water Quality Certification
Is this a courtesy copy notification ☐ Yes ☒ No

Page 3 of 25 PCN Form Version 4.3- April 20, 2022
1e. Is this notification solely for the record because written approval is not required? *
For the record only for DWR 401 Certification: * ☐ Yes ☒ No
For the record only for Corps Permit: * ☐ Yes ☒ No
1f. Is this an after-the-fact permit/certification application? * ☐ Yes ☒ No
1g. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? ☒ Yes ☐ No
If yes, attach the acceptance letter from mitigation bank or in-lieu fee program.
1h. Is the project located in any of NC’s twenty coastal counties? * ☐ Yes ☒ No
1i. Is the project located within an NC DCM Area of Environmental
Concern (AEC)? * ☐ Yes ☒ No ☐ Unknown
1j. Is the project located in a designated trout watershed? * ☐ Yes ☒ No
If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office.
Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx

Page 4 of 25 PCN Form Version 4.3- April 20, 2022

B. Applicant Information
1a. Who is the primary contact? * Deborah Shirley
1b. Primary Contact Email: * [e-mail]
1c. Primary Contact Phone: * (###)###-#### [phone]
1d. Who is applying for the permit/certification? * (check
all that apply) ☐ Owner ☒ Applicant (other than owner)
1e. Is there an agent/consultant for this project?* ☒ Yes ☐ No

2. Landowner Information
2a. Name(s) on Recorded Deed: * See attached “Owner Information Table”
2b. Deed Book and Page No.: See attached “Owner Information Table”
2c. Contact Person (for corporations): See attached “Owner Information Table”
2d. Address *
Street Address: See attached “Owner Information Table”
Address line 2: Click to enter.
City: See attached “Owner Information Table”
State/ Province/ Region: See attached “Owner Information Table”
Postal/ Zip Code: See attached “Owner Information Table”
Country: USA
2e. Telephone Number: * (###)###-#### [phone]
2f. Fax Number: (###)###-#### N/A
2g. Email Address: * [e-mail]

3. Applicant Information (if different from owner)
3a. Name: * Charlie Yokley
3b. Business Name (if applicable): Lennar Corporation – Raleigh Division
3c. Address: *
Street Address: 1100 Perimeter Park Dr.
Address line 2: Ste 112
City: Morrisville
State/ Province/ Region: NC
Postal/ Zip Code: 27560
Country USA
3d. Telephone Number: * (###)###-#### [phone]
3e Fax Number: (###)###-#### N/A
3f. Email Address: * [e-mail]

Page 5 of 25 PCN Form Version 4.3- April 20, 2022

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
State/ Province/ Region: NC
Postal/ Zip Code: 27615
Country: US
4d. Telephone Number: * (###)###-#### [phone]
4e Fax Number: (###)###-#### [phone]
4f. Email Address: * [e-mail]
Agent Authorization Letter:*
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/

Page 6 of 25 PCN Form Version 4.3- April 20, 2022
C. Project Information and Prior Project History
1. Project Information
1a. Name of project: * Mica Ridge
1b. Subdivision name (if appropriate): Click to enter.
1c. Nearest municipality/town: * Durham

2. Project Identification
2a. Property identification number (tax PIN or parcel ID):
0840‐72‐65‐1714, 0840‐72‐74‐6461, 0840‐73‐83‐
0678, 0840‐74‐52‐6793, 0840‐75‐82‐2497, 0840‐
82‐25‐1815, 0840‐82‐33‐5188, 0840‐83‐43‐9250, 
0840‐83‐49‐6956, 0840‐84‐49‐2712, 0840‐85‐02‐
1424, 0840‐85‐12‐6329, 0840‐85‐32‐1324, 0840‐
85‐72‐5110, 0840‐95‐01‐5805, 0840‐64‐69‐9361 & 
0840‐83‐97‐5113    
2b. Property size (in acres): 89.75 Acres
2c. Project Address:
Street Address: 1516 South Mineral Springs Road
Address line 2: Click to enter.
City: Durham
State/ Province/ Region: NC
Postal/ Zip Code: 27703
Country: US
2d. Site coordinates in decimal degrees (using 4-6 digits
after the decimal point): *
Latitude (DD.DDDDDD): * 35.957384
Longitude (-DD.DDDDDD): * -78.837725

3. Surface Waters
3a. Name of nearest body of water to proposed project: * UT to Little Lick Creek
3b. Water Resources Classification of nearest receiving
water: *
WS-IV;NSW
The Surface Water Classification map may be found at this link:
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265
3c. In what river basin(s) is your project located? * Neuse
Choose additional (if needed)
3d. Please provide the 12-digit HUC in which the project is
located: *
030202010504
The Find Your HUC map may be found at this link:
https://ncdenr.maps.arcgis.com/apps/PublicInformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3

Page 7 of 25 PCN Form Version 4.3- April 20, 2022

Page 8 of 25 PCN Form Version 4.3- April 20, 2022
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application: *
Existing conditions consist of multiple parcles along Mineral Springs Rd. The land is primarily wooded with some
residential maintained lawns. There are two streams (A & B), seven (7) wetlands (W1, W3-W7 & LW1), and one
pond (Pond 1) within the project boundaries. Pond 1 is a pond in uplands (non-jurisdictional), and wetland W7
was determined to be Isolated. These properties are bound by Mineral Springs Rd and Miami Blvd. General land
use in the vicinity consist of residential subdivisions, some comerial properties, 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
If yes, please give the DWR Certification number and/or Corps
Action ID (ex. SAW-0000-00000):
[Click to enter.]
[Click to enter.]
Attach any pertinent project history documentation
4b2. Is any portion of the work already complete? * ☐ Yes ☒ No
If yes, describe the completed work.
N/A
4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work
described in this application not related to the 404 or 401.
N/A
4d. Attach an 8½ x 11” excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e. Attach an 8½ x 11” excerpt from the most recent version of the published County NRCS Soil Survey map
depicting the project site.
4f. List the total estimated acreage of all existing wetlands on the
property: Approximately 0.88 acres
4g. List the total estimated linear feet of all existing streams (intermittent
and perennial) on the property: Approximately 3,349 linear feet
4g1. List the total estimated acreage of all existing open waters on the
property: N/A acres
4h. Explain the purpose of the proposed project: *
The purpose of the project is to construct a residential development and all the necessary infrastructure.
4i. Describe the overall project in detail, including the type of equipment to be used: *
The overall project consist of a single-family (98) and townhome (308) residential development and the
construction of roadway infrastructure, utilities (onsite), amenities and Stormwater Control Measures (SCM’s). In
addition, 1,840 of downstream, offsite sanitary sewer is required to be replaced from a 12” to a 15” sanitary
sewer line. Specifically, there are stream, riparian buffer and wetland impacts associated with road crossings,
and stream and riparian buffer impacts associated with utilities. Equipment typically used for construction and
earthwork such as backhoes, bulldozers, excavators, graders, pavers, etc. will be utilized for this project.
4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
4k. Will this activity involve dredging in wetlands or waters? * ☐ Yes ☒ No
If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area.
N/A

Page 9 of 25 PCN Form Version 4.3- April 20, 2022

5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or in
proposed impact areas? * ☒ Yes ☐ No ☐ Unknown
Comments:
Click to enter text.
5b. If the Corps made a jurisdictional determination,
what type of determination was made? *
☐ Preliminary ☐ Approved ☒ Emailed concurrence
☐ Not Verified ☐ Unknown ☐ n/a
Corps AID number (ex. SAW-0000-00000): SAW-2021-01108
5c. If 5a is yes, who delineated the jurisdictional
areas?
Name (if known): Joshua Harvey, Kevin Murphrey & AJ
Kamal
Agency/Consultant Company: Delineated by Soil &
Environmental Consultants, PA
Other: Click to enter.
5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
USACE: SAW-2021-01108 USACE email correspondence on February 2, 2023
NCDWR: ONSITE-DWR buffer determination dates on July 29, 2021 (NBRRO #21-207) by Chris Smith, and
OFFSITE-March 29, 2023 (NBRRO #23-082) by Cherri Smith
5d1. Attach jurisdictional determinations.

6. Future Project Plans
6a. Is this a phased project? ☒ Yes ☐ No
6b. If yes, explain.
This will be a phased project during construction – All 5 phases will be included in one submittal.
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to
authorize any part of the proposed project or related activity? This includes other separate and distant crossings
for linear projects that require Department of the Army authorization but don’t require pre-construction
notification.
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no
additional NWP, Regional General Permits, or IP are anticipated.

7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be
entered here, please attach a supplemental list)
Please reference Durham County GIS

8. Scheduling of activity:
Construction timeline will be after permits are issued by agencies, including the local municipality and before
permits expire. The exact date is unknown at this time.

Page 10 of 25 PCN Form Version 4.3- April 20, 2022

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
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
Site #*
2a1.
Impact
Reason/Type*
2b.
Impact
Duration*
2c.
Wetland Type*
2d.
Wetland Name*
2e.
Forested
?*
2f.
Jurisdiction
Type*
2g.
Impact Area
(ac)*
W1 Road/
Driveway
Crossing
Permanent Bottomland
Hardwood
Forest
W1 Yes Both 0.12
W2 Road/
Driveway
Crossing
Permanent Headwater
Forest
W3 Yes Both 0.008
W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter
2g1. Total temporary wetland impacts Click to enter. ac
2g2. Total permanent wetland impacts 0.128 ac
2g3. Total wetland impacts 0.128 ac
2h. Type(s) of material being discharged and the amount of each type in cubic yards:
N/A

Page 11 of 25 PCN Form Version 4.3- April 20, 2022
2i. Comments:
Impact “G” wetland W7 was determined to be an Isolated wetland and is not included in the above table. We
have included as a courtesy.

Page 12 of 25 PCN Form Version 4.3- April 20, 2022

3. Stream Impacts
If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site,
complete this table for all stream/ tributary sites impacted.
** All Perennial or Intermittent streams must be verified by DWR or delegated local government

Site #*
3a
Impact
Reason*
3b.
Impact
Duration*
3c.
Impact Type*
3d.
Stream Name*
3e.
Stream
Type*
3f.
Jurisdiction
Type*
3g.
Stream Width
(avg ft) *
3h.
Impact length
(linear ft) *
S1 Offsite Utility
Crossing
Upgrade-
Construction
Access
Temporary Other Stream A Perennial Both 4 30
S2 Impact “C” –
Road Crossing
Permanent Crossing/
Culvert
Stream A Perennial Both 6 107
S3 Impact “C” –
Road Crossing
– Construction
Access
Temporary Other Stream A Perennial Both 6 86
S4 Impact “C” –
Road Crossing
- Permanent
No Permanent
Loss –
Dissipator Pad
Permanent Other Stream A Perennial Both 6 34
S5 Impact “E”-
Road Crossing
Permanent Crossing/
Culvert
Stream A Perennial Both 6 122
S6 Impact “E” –
Road
Crossing-
Construction
access
Temporary Other Stream A Perennial Both 5 50
S7 Impact “E” –
Road Crossing
– Permanent
no permanent
loss –
Dissipator Pad
Permanent Other Stream A Perennial Both 4 62
S8 Impact “D” –
Utility Crossing
– Construction
access
Temporary Other Stream A Perennial Both 6 31
S9 Impact “F” –
Road Crossing
Permanent Crossing/
Culvert
Stream B Perennial Both 5 129
S10 Impact “F” –
Road Crossing
– Temporary
construction
access
Temporary Other Stream B Perennial Both 3 24
S11 Impact “F” –
Road Crossing
– Permanent
No Permanent
Loss-
Dissipator Pad
Permanent Other Stream B Perennial Both 4 33

Page 13 of 25 PCN Form Version 4.3- April 20, 2022
S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter
S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter
S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter
S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter
S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter
S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter
S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter
S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter
S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter
3i1. Total jurisdictional ditch
impact: Click to enter. linear ft
3i2. Total permanent stream
impacts: 487 linear ft
3i3. Total temporary stream
impacts: 221 linear ft
3i4. Total stream and ditch
impacts: 708 linear ft
3j. Comments:
Total permanent loss stream = 358 LF (0.045 acres); Total permanent-no permanent loss stream = 129 LF (0.012
acres); Total temporary stream = 221 LF (0.025 acres); Temporary stream impacts will be brought back to pre-
construction stream bed elevations and the stream banks will be stabilized.

Page 14 of 25 PCN Form Version 4.3- April 20, 2022
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other
open water of the U.S., individually list all open water impacts in the table below.
4a.
Site #*
4a1.
Impact Reason
4b.
Impact
Duration*
4c.
Waterbody Name*
4d.
Activity Type*
4e.
Waterbody
Type*
4f.
Impact area
(ac)*
O1 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter.
O2 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter.
O3 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter.
O4 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter.
O5 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter.
4g. Total temporary open water impacts Click to enter. ac
4g. Total permanent open water impacts Click to enter. ac
4g. Total open water impacts Click to enter. ac
4h. Comments:
Click to enter.

5. Pond or Lake Construction
If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater
management ponds.)
5a.
Pond ID
#
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (ac)
5d.
Stream Impacts (ft)
5e.
Upland
Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
P2 Choose one Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
P3 Choose one Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
5f. Total Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
5g. Comments:
Click to enter.
5h. Is a dam high hazard permit required? ☐ Yes ☐ No
If yes, permit ID no.: Click to enter.
5i. Expected pond surface area (acres): Click to enter.
5j. Size of pond watershed (acres): Click to enter.
5k. Method of construction:
Click to enter.

Page 15 of 25 PCN Form Version 4.3- April 20, 2022

6. Buffer Impacts (DWR requirement)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts.
6a. Project is in which protected basin(s)?
* (Check all that apply.)
☒ Neuse ☐ Tar-Pamlico ☐ Catawba
☐ Jordan ☐ Goose Creek ☐ Randleman
☐ Other: Click to enter.

Site #*
6b.
Impact Type*
6c.
Impact Duration*
6d.
Stream Name*
6e.
Buffer
Mitigation
Required?*
6f.
Zone 1 Impact*
(sq ft)
6g.
Zone 2 Impact*
(sq ft)
B1 Utility Lines Permanent Impact A1 Offsite
Stream A
No 3,900 3,686
B2 Utility Lines Permanent Impact A2 Offsite
Stream A/B
No 10,217 5,023
B3 Crossing/ Culvert/
Bridge
Permanent Impact “C” Stream A Yes 11,629 6,399
B4 Crossing/ Culvert/
Bridge
Permanent Impact “E” Stream A Yes 12,678 7,019
B5 Crossing/ Culvert/
Bridge
Permanent Impact “F” Stream B Yes 9,761 5,704
B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B11 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter.
6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft
6h. Total permanent impacts: Zone 1: 48,185 sq ft Zone 2: 27,831 sq ft
6h. Total combined buffer impacts: Zone 1: 48,185 sq ft Zone 2: 27,831 sq ft
6i. Comments:
Per NCAC 02b .0714(11)(ll)(i)-Impact B is “deemed allowable”. Per NCAC 02b .0714(11)(kk)(i)-Impact D is
“deemed allowable”.
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.

Page 16 of 25 PCN Form Version 4.3- April 20, 2022

Page 17 of 25 PCN Form Version 4.3- April 20, 2022
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: *
S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to
identify natural resources so that impacts could be avoided and minimized to the maximum extent practicable.
Proposed impacts include an offsite sanitary sewer replacement, an offsite sanitary sewer connection, three (3)
road crossings, and one sanitary sewer crossing. Also added to the impact exhibits is Impact G that represents
an Isolated Wetland fill. This was included as a courtesy, written authorization from the NCDWR is not required.
Impact Areas A1 & A2 include an offsite sewer line replacement. Proposed impacts include two (2) stream
crossings, one of which (A1) will utilize the Jack & Bore Construction method (i.e. crossing under the existing
Holder Road) and A2 will result in temporary stream impacts. Both impact areas A1 & A2 will result in riparian
buffer impacts within the exiting utility easement. Impact Area B are Zone 2 non-perpendicular riparian buffer
impacts and per NCAC 02b .0714(11)(ll)(i), these impacts are considered “deemed allowable”. Impact Area C 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 impacts and
associated riparian buffer impacts. This road crossing is necessary to provide access to the property from
Mineral Springs Road. Additionally, it was also part of the Durham rezoning that staff approved and was voted on
by City Council. It is required by Durham staff to promote interconnectivity. Stream, wetland and riparian buffer
impacts have been minimized by utilizing headwalls and wing 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. Riparian Buffer mitigation is proposed at 3:1 for
Zone 1 and 1.5:1 for Zone 2 permanent loss impacts. Impact Area D is a proposed sanitary sewer crossing
necessary to provide sewer to the southern portions of the proposed project. Proposed impacts include
temporary stream impacts for an open-cut construction. Stream impacts have been minimized by crossing the
stream at a near perpendicular angle and limiting the easement to 30’ wide. Buffer impacts and per NCAC 02b
.0714(11)(kk)(i) are considered “deemed allowable”. Impact Area E 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 southern portion of the property. Stream and riparian buffer impacts have been minimized
by utilizing headwalls and wing 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.
Riparian Buffer mitigation is proposed at 3:1 for Zone 1 and 1.5:1 for Zone 2 permanent loss impacts. Impact
Area F 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
impact and associated riparian buffer impacts. This road crossing is necessary to meet Durham’s requirements
of having two points of connection for having over 90 units within this phase of the subdivision, essentially
providing another point of access from Mineral Springs Road. Stream, wetland and riparian buffer impacts have
been minimized by utilizing headwalls and wing 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. Riparian Buffer mitigation is proposed at 3:1 for Zone 1 and 1.5:1
for Zone 2 permanent loss impacts. All Temporary stream impacts will be brought back to pre-construction
elevations and the stream banks will be stabilized.
1b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: *
Per the project engineer: a detailed erosion control plan will be provided to the contractor for the entire site and
specific to the impact area. The site will have sediment basins to handle the majority of sediment-laden water
during EC stages and silt fence with silt fence outlets to protect against any other bypass. We will provide timber
matting for temporary stream crossings and will provide pump around plans as necessary during installation of
culverts at stream crossings. At the offsite sanitary sewer replacement at Holder Road, the sewer construction
will utilize the Bore & Jack construction method.

2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers

Page 18 of 25 PCN Form Version 4.3- April 20, 2022
2a. If compensatory mitigation is required, by whom is it required? *
(check all that apply)
☒ DWR ☒ Corps
2b. If yes, which mitigation option(s) will be used for this
project? * (check all that apply)
☒ Mitigation Bank
☐ In Lieu Fee Program
☐ Permittee Responsible Mitigation

3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).)
3a. Name of mitigation bank:
Three mitigation banks will be used to meet the
mitigation responsibility. Stream-Milburnie Dam Mitigation
Bank; Wetlands-EBX-Neuse sponsored Neu-Con Wetland
&Stream Umbrella Mitigation Bank
3b. Credits purchased/requested: Type: Stream Quantity 716 LF
Type: Riparian Wetland Quantity 0.26 Acres
Type: Riparian Buffer Quantity 130,887 Sqft
Attach receipt and/or approval letter.
3c. Comments:
Stream-Permanent loss stream impact = 358; 358 @ 2:1 mitigation ratio = 716
Wetlands-Permanent Wetland loss impact = 0.13 acres; 0.13 @ 2:1 mitigation ratio = 0.26 acres

4. Complete if Using an In Lieu Fee Program
4a. Attach approval letter from in lieu fee program.
4b. Stream mitigation requested: Click to enter. linear feet
4c. If using stream mitigation, what is the stream temperature: Choose one
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District’s RIBITS website: (Please use the filter and select Wilmington district)
https://ribits.usace.army.mil/ribits_apex/f?p=107:27:2734709611497::NO:RP:P27_BUTTON_KEY:0
4d. Buffer mitigation requested (DWR only): Click to enter. square feet
4e. Riparian wetland mitigation requested: Click to enter. acres
4f. Non-riparian wetland mitigation requested: Click to enter. acres
4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres
4h. Comments:
Click to enter.

5. Complete if Providing a Permittee Responsible Mitigation Plan
5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan,
including mitigation credits generated.
Click to enter.
5b. Attach mitigation plan/documentation.

Page 19 of 25 PCN Form Version 4.3- April 20, 2022
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – DWR requirement
6a. Will the project result in an impact within a protected riparian buffer
that requires buffer mitigation? ☒ Yes ☐ No
If yes, please complete this entire section – please contact DWR for more information.
6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required in the table below.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)

Multiplier
6e.
Required mitigation
(square feet)
Zone 1 Impacts C, E & F 34,068 3 102,204
Zone 2 Impacts C, E & F 19,122 1.5 28,683
6f. Total buffer mitigation required 130,887
6g. If buffer mitigation is required, is payment to a mitigation bank or
NC Division of Mitigation Services proposed? ☒ Yes ☐ No
6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
6i. Comments:
Riparian Buffers (2)-EBX-Neuse 1, LLC Neuse Riparian Buffer Umbrella Mitigation Bank (multiple-see SOA) and
Wildlands Holdings (multiple-see SOA)

Page 20 of 25 PCN Form Version 4.3- April 20, 2022
F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
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
1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse/dispersed flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit-
guidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
What Type of SCM are you
providing?
(Check all that apply)
☒ Level Spreader
☐ Vegetated Conveyance (lower seasonal high water table- SHWT)
☐ Wetland Swale (higher SHWT)
☒ Other SCM that removes minimum 30% nitrogen
☐ Proposed project will not create concentrated stormwater flow through the
buffer
For a list of options to meet the diffuse flow requirements, click here.
Attach diffuse flow documentation.

2. Stormwater Management Plan
2a. Is this an NCDOT project subject to compliance with NCDOT’s
Individual NPDES permit NCS000250? * ☐ Yes ☒ No
2b. Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)? * ☐ Yes ☒ No
To look up low density requirements, click here:
http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
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
Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented
stormwater programs or projects that satisfy state or locally-implemented stormwater programs through use of
community in-lieu programs should answer “no” to this question.
2d. Which of the following stormwater management program(s) apply?
(Check all that apply.)*
☒ Local Government
☐ State
If you have local government approval, please include the SMP on their overall impact map.
Local Government Stormwater Programs * ☒ Phase II ☐ USMP
☒ NSW ☒ Water Supply

Page 21 of 25 PCN Form Version 4.3- April 20, 2022
Please identify which local government stormwater program you are using. *
City of Durham
State Stormwater Programs * ☐ Phase II ☐ HQW or ORW
☐ Coastal Counties ☐ Other
Comments:
Project will utilize constructed wetlands, wet detention basins and level spreaders-vegetative filter strips

Page 22 of 25 PCN Form Version 4.3- April 20, 2022

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)? *
☐ Yes ☐ No
1c. If you answered “yes” to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
NEPA or SEPA final approval letter.) *
☐ Yes ☐ No
Comments:
Click to enter.

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),
Federally Non-Jurisdictional Wetlands /Classified Surface Waters
(15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
☐ Yes ☒ No
2b. If you answered “yes” to the above question, provide an explanation of the violation(s):
Click to enter.

3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future
impacts) result in additional development, which could impact nearby
downstream water quality? *
☐ Yes ☒ No
3b. If you answered “no”, provide a short narrative description:
We have reviewed the “Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated
Wetlands Programs” document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft
states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in-
fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural
operations. The Mica Ridge 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; 3) the Water Supply, Watershed Protection Program which limits
development densities as well as requires protective riparian buffers. We anticipate that the DWR will advise us if any
additional information is needed.
3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR
policy. (Attach .pdf)

Page 23 of 25 PCN Form Version 4.3- April 20, 2022
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? * ☒ Yes ☐ No ☐ N/A
4b. If yes, 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.
On-site sewer will tie into existing sewer main. Wastewater will be treated at offsite plant, the plant is a part of the
City of Durham’s larger sewer network. The City has issued an approval letter stating there is capacity for this
site at the treatment plant.

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? (IPAC weblink: https://www.fws.gov/ipac/ [fws.gov]) * ☒ 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
If yes, which federal agency? N/A
5e. Is this a DOT project located within Divisions 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
5g1. If yes, have you inspected the bridge for signs of bat use such as
staining, guano, bats, etc.? Representative photos of signs of bat use
can be found in the NLEB SLOPES, Appendix F, pages 3-7.
☐ Yes ☐ No
Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to
NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
If you answered yes to 5g1, did you discover any signs of bat use? * ☐ Yes ☐ No ☐ Unknown
If yes, please show the location of the bridge on the permit drawings/ project plans
5h. Does this project involve the construction/ installation of a wind
turbine(s)? * ☐ Yes ☒ No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf)
5i. Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
mechanized pile drivers, etc.? *
☒ Yes ☐ No
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this
activity on the property (attach .pdf)

Page 24 of 25 PCN Form Version 4.3- April 20, 2022
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 May 27, 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
which in their interpretation means that they concur with the determinations made by S&EC. The S&EC
determinations were that the proposed project is not likely to adversely affect any federally-listed endangered or
threatened species, their formally designated critical habitat, or species currently proposed for listing under the
Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report
Attach consultation documentation.

6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as
an Essential Fish Habitat? * ☐ Yes ☒ No
Is there submerged aquatic vegetation (SAV) around
the project vicinity? * ☐ Yes ☒ No ☐ Unknown
Will this project affect submerged aquatic vegetation? * ☐ Yes ☒ No ☐ Unknown
Explain: N/A
6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? *
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper
website was referenced. No Essential Fish Habitat was identified near the project.

7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
http://gis.ncdcr.gov/hpoweb/
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural
preservation status (e.g., National Historic Trust designation or
properties significant in North Carolina history and archaeology)? *
☐ Yes ☒ No
7b. What data source(s) did you use to determine whether your site would impact historic or archeological
resources? *
The North Carolina Historic Preservation Office HPOWEB 2.0 was visited on May 18, 2021
and there was one listing identified within the property boundaries. This listing was Rich-
Yates House (DDH2535), a 1900 1-story side gable frame farm house. However, it was
determined ineligible in 2016 (ER 16-2191). SHPO reconfirmed that they had no comments on the project as
propose on (ER 21-2787).
7c. Attach historic or prehistoric documentation.

8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? * ☐ Yes ☒ No

Page 25 of 25 PCN Form Version 4.3- April 20, 2022
8b. If yes, explain how the project meets FEMA requirements.
N/A
8c. What source(s) did you use to make the floodplain determination?
NC Flood Rock Information System Floodplain Mapping Program and confirmation from the project engineer.

H. Miscellaneous
Comments:
Click to enter.
Attach pertinent documentation or attachments not previously requested

I. Signature *
☒ By checking the box and signing below, I, as the project proponent, certify to the following:
 The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to
the best of my knowledge and belief;
 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;
 The project proponent hereby agrees 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”);
 The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66,
Article 40 of the NC General Statutes (the “Uniform Electronic Transactions Act”);
 The project proponent hereby understands that an electronic signature has the same legal effect and can be
enforced in the same way as a written signature; AND
 As the project proponent, I intend to electronically sign and submit the PCN/online form.
Full Name: * Deborah Shirley
Signature: * Click to enter.
Date: * 6/15/2023