20230892 Ver 1_ePCN Application_20230620

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:
4/19/2023
BIMS # Assigned
20230892
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:
Novel University Hill Project
1a. Who is the Primary Contact? *
Crescent Communities; ATTN: Mr. DAN GUALTIERI
1b. Primary Contact Email: *
DGUALTI [e-mail]
Date Submitted
6/20/2023
Nearest Body of Water
Sandy Creek
Basin
Cape Fear
Water Classification
WS-V;NSW
Site Coordinates
Latitude:
35.970298
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:
-78.952212
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:[e-mail]
1c. Primary Contact Phone: *
[phone]
O
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 permits) 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: 03 - Maintenance
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
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
fig. 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. Nani on recorded deed:
HAWTHORNE UZZLE LLC
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Shoff Allison
2d. Address
Street Address
200 PROVIDENCE RD STE 105
Address Line 2
City
State / Province / Region
CHARLOTTE
NC
Postal / Zip Code
Country
28207
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
LLL PROPERTIES LLC
2b. Deed book and page no
2c. Contact Person:
Nondas Kalfas and John Drury
2d.Address
Street Address
7521 CHESLEY LANE
Address Line 2
city
DURHAM
Postal / Zip Code
27713
2e. Telephone Number:
[phone]
2g. Email Address:*
nondas. [e-mail]
3. Applicant Information (if different from owner)
3a. Name:
DAN GUALTIERI (Under Option to Purchase)
3b. Business Name:
Crescent Communites
3c.Address
Street Address
601 S. Tryon Str., Ste. 800
Address Line 2
city
Charlotte
Postal / Zip Code
28202
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Emma Radford, WPIT, CA
4b. Business Name:
Kimley-Horn
4c.Address
Street Address
421 Fayetteville Street
Address Line 2
Suite 600
city
Raleigh
Postal / Zip Code
27601
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:

C. Project Information and Prior Project History
0
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
City of Durham
2. Project Identification
2a. Property Identification Number:
0810-48-10-2515 and 0810-37-97-6525
2c. Project Address
Street Address
3737 DURHAM CHAPEL HILL BLVD and 3019 AUTO DR
Address Line 2
City
Durham
Postal / Zip Code
27707
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Sandy Creek
3b. Water Resources Classification of nearest receiving water:"
WS-V;NSW
3c. What river basins) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020601
4. Project Description and History
2b. Property size:
6.5
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:"
The Site currently exists as previously developed parcels bordered to the north by Durham Chapel Hill Boulevard Service Road and to the west by Auto Drive. The majority of the project
study area is composed of impervious surfaces, with one vacant commercial building in the southwest corner of the Site (3019 Auto Drive). The Site is situated in an urban landscape, with
scattered commercial and multi -family residential developments.
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:
N/A
4g. List the total estimated linear feet of all existing streams on the property:
231
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a multi -family residential development within the two project parcels located at the southeast quadrant of the intersection of Auto Drive
and the Chapel Hill Boulevard service road, just south of Durham -Chapel Hill Boulevard in Durham, NC.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project proposes to construct a 6-story multi -family building, a 5-story parking garage, and 4 additional buildings in the northeastern portion of the project study area that will
accommodate additional multi -family units and commercial space. In total, the project is proposing 400 residential units across the Site. Sidewalk improvements are also proposed around
the perimeter and internally to the Site, as well as improvements to the existing culverts parallel to the northern property boundary. Typical site development and structural construction
equipment will be utilized including dump trucks, graders, bulldozers, cranes, asphalt pavers, excavators, and concrete trucks.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No C? Unknown
Comments:
Kimley-Horn staff conducted a delineation on July 29, 2021 and identified two streams (S1 and S2)
within the project study area.
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-2021-01755

5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Emma Radford, WPIT,CA
Agency/Consultant Company: Kimley-Horn
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A Stream ID Approval Letter (SD-2021-025) was issued by Mr. Travis Marion with of the City of Durham on October 12, 2021. Additionally, a Preliminary Jurisdictional Determination
request was submitted on August 13, 2021 and a delineation concurrence email was received from Ms. April Norton of the US Army Corps of Engineers (USACE) on January 10, 2022
(SAW-2021-01755).
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?
N/A
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
3. Stream Impacts
❑
gt
3a. Reason for impact (?)
Impact Site 1: Replacement
and Repair of Existing Culvert
3b.lmpact type "
Permanent
3c. Type of impact*
Culvert
3d. S. name *
Stream S1
3e. Stream Type* �[3f.
(?)
Perennial
Type of
urisdiction*
Both
3g. S. width
16
Averege (reef)
3h. Impact
length*
(linear feet)
g2
Impact Site 1: Temporary
Construction Access
Temporary
Other
Stream S1
Perennial
Both
16
Ave ege (feet)
32
(linear feet)
31. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
2 32
3i. Total stream and ditch impacts:
34
3j. Comments:
Approximately 0.0003-acre (2 LF) of stream S1 will be permanently impacted at Impact Site 1 as a result of the proposed removal and replacement of
the existing culvert along Chapel Hill Boulevard. These culvert improvements will include design changes from a double barrel culvert (5.5' wide barrels)
to a single box culvert (10' wide, 6' high). Approximately 0.0116-acre (32 LF) of stream S1 will be temporarily impacted as a result of the necessary
construction access required to replace the existing culvert and construct the proposed project. Temporarily impacted areas will be returned to pre-
existing contours upon completion of the project.
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:
Impacts to streams and riparian buffers within the project area were avoided and minimized to the greatest extent practical throughout the design of the
project. The proposed multi -family development has been intentionally located in order to avoid and minimize unnecessary impacts to the streams and
their associated Jordan Lake Watershed riparian buffer zones. Retaining walls have been proposed along the eastern side of the development to
achieve the necessary site grade and avoid impacts to jurisdictional features and buffer zones. In general, the proposed project is situated entirely within
uplands and will only result in minimal stream impacts related to the repair/replacement of an existing culvert.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to jurisdictional features and riparian buffers within the project area will be minimized and avoided to the extent practical throughout the
construction process. Where feasible, staging and construction access routes will be located in upland areas throughout the project study area. Silt
fencing and/or tree protection fencing will be installed around the proposed project clearing limits to help ensure that all construction equipment will
remain within the permitted limits of disturbance throughout the construction process. Temporary erosion and sediment control measures will be used to
reduce construction stormwater impacts to receiving waters and minimize runoff from the construction site. During the construction process, water will be
diverted into the southernmost existing culvert. The northern existing culvert will be deconstructed and the proposed culvert will be constructed in the
new layout location. Water will then be diverted from the southern existing culvert into the new culvert. The southern existing culvert will then be
deconstructed and grading finalized around culvert inlet.

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:
Compensatory mitigation is not proposed as part of this permit application due to the minimal stream impacts (<0.02 acre) resulting from the proposed project.
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 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
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
A Stormwater impact analysis was completed for the proposed project. There are no stormwater management plan requirements for the proposed project considering the project is
reducing the overall impervious surface of the existing project limits. All stormwater will be conveyed via RCP and HDPE pipe to the offsite storm drain system.
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.
The proposed development is a single and complete project and no additional or cumulative impacts are anticipated due to the construction of the
proposed project.
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 proposed development will be serviced by a sanitary sewer system that will tie into the existing City of Durham sewer line along Chapel Hill
Boulevard and Auto Drive. See Proposed Utility Plan for details. Sewer connection approval will be obtained from the City of Durham prior to site
construction.
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?
As of June 1, 2023, the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) database lists three federally protected
species known to occur in within the project vicinity. IPaC also lists the tricolored bat (Perimyotis subflavus), a proposed endangered species, and the
bald eagle (Haliaeetus leucocephalus), which is protected under the Bald and Golden Eagle Protection Act, with potential to occur within the project
vicinity. Kimley-Horn reviewed the NC Natural Heritage Program (NCNHP) element occurrence database (updated April 2023) to determine if there are
any known occurrences of federally listed species in the project study area or its vicinity. The NCNHP records indicate no known occurrences of any
federally protected species in or within 1.0 mile of the project study area.
Michaux's sumac
Suitable habitat for Michaux's sumac is not present within the project study area. The majority of the project study area is composed of previously
developed impervious surfaces. While the maintained lot edges may provide suitable habitat, the regular maintenance schedule and herbicide
application within these areas would likely inhibit the plant's success. Additionally, a review of the NCNHP database records (updated April 2023)
indicates that there are no known occurrences of Michaux's sumac in or within 1.0 mile of the project study area. Due to the lack of suitable habitat and
the lack of known occurrences, it is anticipated that the proposed project would have no effect on Michaux's sumac.
Smooth coneflower
Suitable habitat for smooth coneflower is not present within the project study area. The majority of the project study area is composed of previously
developed impervious surfaces. While the maintained lot edges may provide suitable habitat, the regular maintenance schedule and herbicide
application within these areas would likely inhibit the plant's success. Additionally, a review of the NCNHP database records (updated April 2023)
indicates that there are no known occurrences of smooth coneflower in or within 1.0 mile of the project study area. Due to the lack of suitable habitat and
the lack of known occurrences, it is anticipated that the proposed project would have no effect on smooth coneflower.
Bald and Golden Eagle Protection Act
Bald eagle is also known to occur within the project vicinity and is protected by the Bald and Golden Eagle Protection Act (BGEPA). A desktop-GIS
assessment of the Site, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed in June 2023 using 2021
color aerials.
No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since there was no foraging habitat within
the review area, a survey of the project corridor and the area within 660 feet of the project limits was not conducted. Additionally, a review of the NCNHP
database records (updated April 2023) indicates there are no known occurrences of the bald eagle within 1.0 mile of the project study area. Due to the
lack of habitat and the lack of known occurrences, it has been determined that this project will not affect the bald eagle.
Tricolored bat
On September 14, 2022, the U.S. Fish and Wildlife Service announced a proposal to list the tricolored bat (Perimyotis subflavus - PESU) as endangered
under the Endangered Species Act. The USFWS has not provided an official effective listing date, but it is anticipated to occur in the second half of
2023. A review of the NCNHP database records (updated April 2023) indicates that there are no known occurrences of the tricolored bat in or within 1.0
mile of the project corridor. If listed, coordination with the USFWS to resolve Section 7 as appropriate may be necessary.
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 Essential Fish Mapper was reviewed on May 11, 2023. No essential fish habitat was found within the project study area or project vicinity.

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? *
Kimley-Horn conducted a desktop-GIS assessment of the Site on May 16, 2023, using the North Carolina State Historic Preservation Office (NCSHPO)
HPOWEB GIS Service database. This assessment was undertaken in order to identify any known National Register (NR) properties, National Register
Study List (SL) properties, and properties Determined to be Eligible (DOE) for listing or previously surveyed in or within 1.0-mile of the Site.
No known historic or cultural resources were identified within the Site. However, one NR site and one NR Historic District were identified within a 1.0-mile
radius of the project study area:
- Bartlett Mangum House received NR status in 1989 and is located approximately 0.96-mile northeast of the project study area in Durham County. The
Bartlett Mangum House is separated from the project study area by numerous commercial developments, neighborhoods, and roadways.
- Hope Valley Historic District received NR status in 2009 and is located approximately 0.83-mile south of the project study area in Durham County. The
Hope Valley Historic District is separated from the proposed project by numerous commercial developments, residential neighborhoods, and roadways.
Twenty-one other historical and cultural resources currently listed as "Survey Only", "Surveyed Area', and "Survey Only, Gone" were identified within 1.0-
mile of the Site. Due to the listing status of'Survey Only', these resources do not currently receive protection under the National Historic Preservation
Act. If the listing status changes to NR, SL, or DOE prior to construction, the potential for impacts to these resources may need to be re-evaluated;
however, due to the distance from the Site and the existing uses within the vicinity of the Site, it is assumed that the proposed project will have no effect
on these'Survey Only' resources.
Due to the lack of known historic and cultural resources within the Site and the distance from any known historic and cultural resources, as indicated by
the NCSHPO HPOWEB GIS Database (accessed May 2023), it is anticipated that the proposed project will not have a direct impact on any known NR,
SL, or DOE resources.
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?*
The FEMA Digital Flood Insurance Rate Map (DFIRM) panel 3720081000L (effective October 19, 2018) indicate the project study area is within an area
of minimal flood hazard (Zone X). There are no 0.2 % Annual Flood Hazards, 1 % Annual Flood Hazards (Zone AE), or FEMA-regulated floodways
located within the Site.
Miscellaneous
n
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
02_ProjectFigures.pdf
2.98MB
03_SignedAgentAuthForm_20210810_114550.pdf
50.52KB
04_PreJD_EmailConcurrence_SAW202101755.pdf
7.04KB
05_Final SD-2021-028 Auto Drive Site.pdf
1.71 MB
06_PermitDrawings_AutoDrive.pdf
3.38MB
07_2023-06-13 - Novel University Hill Plans.pdf
49.81MB
00_UHill_Crescent_Cover_Letterl .pdf
File must be PDF or KMZ
544.57KB
Comments
On behalf of our client, Crescent Communities, Kimley-Horn is submitting the attached application for authorization under a Nationwide Permit (NWP) 3 for the above referenced project in
Durham County, INC. In accordance with Paragraph (a) of NWP 3, it is anticipated that this application does not require authorization from the US Army Corps of Engineers (USAGE) and is
deemed permitted. In accordance with the Section 401 Water Quality Certification #4239, authorization will be required by the North Carolina Division of Water Resources (NCDWR) due to
the proposed Jordan Lake Watershed Riparian Buffer impacts resulting from the project.
The proposed project will result in unavoidable impacts to Jordan Lake Watershed riparian buffer zones 1 and 2. These impacts will be permitted through the City of Durham No Practical
Alternatives Determination Application.
To assist in your review of this NWP application, the following information has been included:
• ePCN Application Form
• Signed Agent Authorization Forms
• Project Figures
City of Durham Stream ID Approval Letter (SD-2021-028)
• USACE Delineation Concurrence Email (SAW-2021-01755)
Permit Impact Drawings
• Site Plan Sheets
• US Fish and Wildlife Service (USFWS) Project Official Species List
• NCDWR 401 Application Fee of $240
If you need any additional information to assist in your review of this NWP application, feel free to contact me at 919-677-2215 or [e-mail].
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:
Emma Radford, WPIT, CA
Signature
Date
6/20/2023