Pre-Construction Notification (PCN) Form Rev1.pdf

DWR
mrlsloa 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
Please note:fields marked with a red asterisk*below are required. You will not be able to submit the form until all mandatory questions are answered.
Also,if at any point you wish to print a copy of the E-PCN,all you need to do is right-click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf
A. Processing Information
Pre-Filing Meeting Date Request was submitted on:
1/18/2023
If this is a courtesy copy,please fill in this with the submission date.
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
Click Yes,only if NCDMS is the applicant or co-applicant.
DO NOT CHECK YES,UNLESS YOU ARE DMS OR CO-APPLICANT.
Is this project a public transportation project?*
Yes No
This is any publicly funded by municipal,state or federal funds road,rail,airport transportation project.
la.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
1 b.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: 14-Linear transportation
NWP Numbers(for multiple NWPS):
List all NW numbers you are applying for not on the drop down list.
1d.Type(s)of approval sought from the 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
le.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 application?
Yes No
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
If so,attach the acceptance letter from mitigation bank or m-lieu fee program.
Yes No
Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach document
FILE TYPE MUST BE PDF
1 h.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
Link to trout information:http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx
B. Applicant Information
1a.Who is the Primary Contact?*
Jeff Harbour
1c.Primary Contact Phone:
1 b.Primary Contact Email: (xxx)xxx-xxxx
[e-mail] (919)8054208
1d.Who is applying for the permit?*
Owner Applicant(other than owner)
(Check all that apply)
1e.Is there an Agent/Consultant for this project?
Yes No
2.Owner Information
2a.Name(s)on recorded deed:*
Sound Timber Management LLC
2b.Deed book and page no.:
2c.Contact Person:
(for Corporations)
H.Glen Bagwell,Jr
2d.Address"
Street Address
333 Sherwee Frive
Address Line 2
City State/Province/Region
Raleigh NC
Postal/Zip Code Country
27603 us
2e.Telephone Number:*
[phone]
2f.Fax Number:
(xxx)xxx-xxxx
2g.Email Address:
[e-mail]
4.Agent/Consultant(if applicable)
4a.Name:*
Jeff Harbour
4b.Business Name:
(if applicable)
Terracon

4c.Address
Street Address
2401 Brentwood Rd
Address Line 2
Suite 107
City State/Province/Region
Raleigh NC
Postal/Zip Code Country
27604 US
4d.Telephone Number:"
[phone] 4e.Fax Number:
(zzx)xxx-xxxx (xxx)xxx-xxxx
4f.Email Address:
[e-mail]
C. Project Information and Prior Project History
1.Project Information
1a.Name of project:"
Eagle Crest West Industrial Park
1 b.Subdivision name:
(if appropriate)
1c.Nearest municipality/town:
Raleigh
2.Project Identification
2a.Property Identification Number: 2b.Property size:
(tax PIN or parcel ID) (in acres)
2c.Project Address
Street Address
Address Line 2
City State/Province/Region
Postal/Zip Code Country
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees.Use between 4-6 digits(unless you are using a survey-grade GPS device)after the decimal place as appropriate,based on how the location was
determined. (For example,most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude:" Longitude:*
35.717621 -78.575173
ex:34.208504 -77.796371
3. Surface Waters
3a.Name of the nearest body of water to proposed project:
Poplar Branch
3b.Water Resources Classification of nearest receiving water:
C:Sw
Surface Water Lookup
3c. What river basin(s)is your project located in?*
Neuse
3d.Please provide the 12-digit HUC in which the project is located.
030202011101
River Basin Lookup
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:*
The existing conditions on the project site consist of undisturbed woods and disturbed/successional areas.Phase 1 of Eagle Crest(+/-50 acres)is under construction,with two buildings
already completed,immediately north of the project site.The vicinity surrounding the project area consists of primarily commercial and light industrial development.This quadrant between
1-40 and 1-440 has been identified and zones for this type of development.
4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?
Yes No Unknown
If yes,please give the DWR Certification number or the Corps Action ID(exp.SAW-0000.00000).
SAW-2020-1779 Eagle Crest Phase 1
DWR#21-0137 Eagle Crest Phase 1
4f.List the total estimated acreage of all existing wetlands on the property:
1
4g.List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
1000
4h.Explain the purpose of the proposed project:
Purpose of the project is to prepare Eagle Crest Phase 2,3 and 4 for development by constructing an entrance road.The proposed road will cross a stream and lead into Eagle Crest
Phases 3(Project Ocean)and 4.The road crossing incurs the only Section 404 impact to a stream channel.The proposed Eagle Crest Way Road will impact a non-404 wetland and the
proposed development of Lot 2 in Phase 2 will also impact a non-404 wetland.These two non-404 wetlands were verified by USACE in the JD(SAW-2020-01779).We are aware that the
AJD portion of the JD document has been rescinded with the NWPR.However,Rapanos forms for these two non-404 areas are provided to document the areas still meet the criteria to be
considered non-404 wetlands.
4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:
Eagle Crest Way will enter the site off Auburn Church Road.The roadway will utilize an existing culverted crossing of a UT to Poplar Branch.The existing 36"CMP culvert is 60'in length.
The new crossing will replace this with 67 feet of 48"RCP along with 36 feet of downstream rip-rap that will be embedded in the stream bed.The road crossing will terminate with a cul-de-
sac servicing Phase 3 and 4.There are no Section 404 impacts associated with Phases 3(Project Ocean)or 4.The applicant has submitted a variance request to NCDWR seeking
approval to impact a riparian buffer that was placed on a non-jurisdictional drainage feature located between Phases 3 and 4.The portion of the feature being buffered was not claimed by
USACE in the PJD portion of the JD site review(SAW-2020-01779).This variance request is currently under review with NCDWR and is referred to as Project Ocean.
The two non-404 wetlands to be impacted total 0.9 acre and are located east of the proposed road crossing,closer to Auburn Church Road.The southernmost non-404 wetland is a
remnant of a man-made water hazard that was part of the golf course that once operated on this property.The water hazard has since infilled with successional vegetation and has no
significant nexus to any wetlands or TNWs.A sequence of historic aerial phots that are provided with this submittal clearly depict this man-made water hazard.The northernmost non404
wetlands consist of a low-lying topographic crenulation that is surrounded by uplands and the Eagle Crest Phase I development.
No indirect impacts are anticipated from this project.The road will allow access to Phase 3 and 4;however,there are no Section 404 impacts resulting from development in Phases 3 and
4.Typical construction equipment will be utilized for the project.
5. Jurisdictional Determinations
5a.Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No 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:
Example:SAW-2017-99999
SAW-2020-01779
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known):
Agency/Consultant Company: Terracon
Other:
5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR.
ACOE review 11/20/2020(SAW-2020-01779)Two wetlands were determined to be non-404 via an AJD section of the JD document issued by USACE.We acknowledge that the AJD
subsection has been rescinded with the vacatur of the NWPR and is no longer accepted by USACE;however,we are including Rapanos forms for these two previously validated wetlands
to document that these feature do not have a significant nexus with TNW and still criteria to be considered non-404 under the pre-2015 and Rapanos rules.
DWR buffer review 12/23/2020(NBRRO#20-391)
6.Future Project Plans
6a.Is this a phased project?*
Yes No

6b.If yes,explain.
Eagle Crest Phase 1 incurred 0.018 acre of wetland impact and was authorized with NWP 18(SAW-2020-01779)and the accompanying DWR WQC(DWR#21-0137).The 404 permit
contained the following special condition:
Please note that this project is considered cumulative with all current and future phases of the Eagle Crest commercial/industrial park development with respect to compensatory mitigation
and Nationwide Permit thresholds.As such,impacts permitted for this project(SAW-2020-01779)are considered cumulative with impacts proposed for any future phases(conceptual plan
shown on the attached Exhibit C,entitled"Conceptual Master Plan—Wetland Impacts').Current cumulative impacts to waters of the US for the Eagle Crest commercial/industrial park
single and complete project include a total loss of 0.018 acre of wetlands/waters of the US.
The current permit request,when viewed in combination with Phasel,does not exceed current NWP impact thresholds or mitigation thresholds.The newly proposed impacts total 195
square feet of WOTUS loss.This amount in combination with the previously permitted amount(0.018ac)does not exceed the NWP thresholds.
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?This includes other
separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre-construction notification.
D. Proposed Impacts Inventory
1. Impacts Summary
la.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,then complete this question for each wetland area impacted.
"W."will be used in the table below to represent the word"wetland".
2al Reason*(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of Jurisdicition*2g.Impact
area
Non 404 A road crossing P Isolated Wetlands W7 No DWR 0.500
(acres)
E�71
W6 Yes D for construction P Isolated Wetlands WR 0.400
(acres)
2g.Total Temporary Wetland Impact
0.000
2g.Total Permanent Wetland Impact
0.900
2g.Total Wetland Impact
0.900
2i.Comments:
Impacts are to non-404 wetlands that are regulated by NCDWR only.
3. Stream Impacts
If there are perennial or intermittent stream impacts(including temporary impacts)proposed on the site,then complete this question for all stream sites impacted.
"S."will be used in the table below to represent the word"stream".
3a.Reason for impact*(?) 3b.lmpact type* 3c.Type of impact* 3d.S.name* �30.Stream Type* 3f.Type of 3g.S.width* 3h.Impact
(?) Jurisdiction* length*
S1 Road Crossing 1 Permanent Rip Rap Fill UT of Poplar Branch Perennial Both 36
Average(feet) Qinear feet)
gy Road Crossing 1 Permanent Culvert UT of Poplar Branch Perennial Both 22
Average(feet) pinear feet)
**All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i.Total jurisdictional ditch impact in square feet:
0
3i.Total permanent stream impacts:
58
3i.Total temporary stream impacts:
0
3i.Total stream and ditch impacts:
58

3j.Comments:
Total 447 square feet of impact.The 36'of rip-rap(252 SF)will be embedded in the stream bed and will not result in a loss of WOTUS.The loss of
WOTUS resulting from this road crossing totals 195 SF.
Note that this crossing is utilizing an existing road crossing that has an old 60'culvert in place.This amount of culvert replacement is not included in the
total road crossing impact amounts because it is considered an existing impact.
6. Buffer Impacts (for DWR)
If project will impact a protected riparian buffer,then complete the chart below.Individually list all buffer impacts below.
6a.Project is in which protect basin(s)?*
Check all that apply.
Neuse Tar-Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b.Impact Type*() 6c.Per or Temp*(?) 6d.Stream name" 6e.Buffer mitigation required?" 6f.Zone 1 impact" 6g.Zone 2 impact*
Allowable with Authorization P UT of Poplar Branch No 2,861 2,112
(square feet) (square feet)
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 2,861.00 2,112.00
Zone 1 Zone 2
Total combined buffer impacts: 2,861.00 2,112.00
61.Comments:
E. Impact Justification and Mitigation
1.Avoidance and Minimization
la.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The road crossing will utilize an existing culverted crossing to minimize the amount on new impact to the Section 404 aquatic resources.Headwalls and
embedded rip rap are also proposed to minimize impacts.
1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The use of headwalls helps minimize the necessary culvert length and embedding the riprap on the downslope end of the culvert helps prevent scouring
and erosion.The culvert will be embedded in the stream bed to allow for continued aquatic life movement The embedding of the rip-rap also allows for
aquatic life movement and is not viewed as a loss of WOTUS when this embedding method is employed.
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:
Mitigation thresholds are not exceeded for the 404 regulated impacts nor for the non404 impacts
INC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
Recent changes to the stormwater rules have required updates to this section.***
1. Diffuse Flow Plan
la.Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No

1 b.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 flow will be maintained.
All Stormwater Control Measures(SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be
provided.
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
(check all that apply)
For a list of options to meet the diffuse flow requirements,click here.
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
To look up low density requirement click here 15A NCAC 02H.1003(2).
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
Hint: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 a local government approval please include the SMP on their overall impact map.
Local Government Stormwater Programs*
Phase II NSW
USMP Water Supply
Please identify which local government stormwater program you are using.
City of Raleigh
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(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.
Phases 3 and 5,that may potentially be developed after Phase 2,do not incur any Section 404 impacts.
4. Sewage Disposal (DWR Requirement)
4a.Is sewage disposal required by DWR for this project?*
Yes No N/A
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 1-87*
Yes No
51.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
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h.Does this project involve the construction/installation of a wind turbine(s)?**
Yes No
51.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?
NCNHP data from February 20,2023,does not report any protected species inside of or within one mile of the project site.Terracon also conducted a
habitat assessment for T&E species listed by IPaCs for project consideration.These include:tricolored bat,red-cockaded woodpecker,Neuse River
watyerdog,Carolina madtom,Atlantic pigtoe,dwarf wedgemussel,Monarch butterfly,and Michaux's sumac.A summary of the habitat assessment and
survey efforts is included with the attached documents.
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?
NOAA
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.nedcr.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 sources did you use to determine whether your site would impact historic or archeological resources?
Previous work by Terracon for Eagle Crest Phase 1 indicates that no significant cultural or archaeological resources occur onsite.This was confirmed by
SHPO.Terracon will also be coordinating with SHPO for this current phase of onsite activity.
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
8c.What source(s)did you use to make the floodplain determination?
FEMA maps
Miscellaneous
Comments
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
Support Doos.pdf 6.68MB
File must be PDF or KMZ
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:*
Jeff Harbour
Signature*
Date
2/28/2023