20230059 Ver 1_ePCN Application_20230908

DW R
DHlsloo 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:
10/24/2022
BIMS # Assigned
20230059
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
1a. Name of project:
Oak Grove (fka Doc Nichols)
1a. Who is the Primary Contact?*
Mark Stiglitz
1b. Primary Contact Email: *
[e-mail]
Date Submitted
9/8/2023
Nearest Body of Water
Lick Creek
Basin
Neuse
Water Classification
WS-IV: NSW
Site Coordinates
Latitude:
35.946454
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:
-78.794736
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joseph Myers:[e-mail]
1c. Primary Contact Phone:*
[phone]
Is this project a public transportation project?*
Yes No

1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
Please provide the date of the previous submission.
1 /10/2023
1b. What types) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
fig. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
2a. Name(s) on recorded deed:
Epcon Oak Grove LLC
2b. Deed book and page no.:
9842 pg 81
2c. Contact Person:
Mark Stiglitz
2d.Address
Street Address
500 Stonehenge Parkway
Address Line 2
City Stale / Province / Region
Dublin Ohio
Postal/Zip Code Country
43017 USA
r
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone] [phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Alex Aycrigg, PWS
4b. Business Name:
Wetland and Environmental Solutions, LLC
4c.Address
Street Address
1745 Gracechurch Street
Address Line 2
City
State / Province / Region
Wake Forest
NC
Postal / Zip Code
Country
27587
USA
4d. Telephone Number:
4e. Fax Number:
[phone]
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Oak Grove
1c. Nearest municipality / town:
Durham
2. Project Identification
2a. Property Identification Number
0769094395
2c. Project Address
Street Address
1702 Doc Nichols Rd
Address Line 2
City
Durham
Postal / Zip Code
27703
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Lick Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV; NSW
3c. What river basin(s) is your project located in?
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
0302020105
4. Project Description and History
2b. Property size:
60.67
State / Province / Region
NC
Country
USA
O

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:*
Project proposes to convert agricultural and mixed use land to a residential subdivision. Initial application for this project occurred in January 2023; however, agency delays resulted in the
USACOE issuing verification of NWP 29 in late June of 2023 (see attached SAW 2023-00100). This application is for information only to the USACOE.
The NCDEQ required reapplication of the water quality certification due to delays in receiving verification of NWP 29 and exceedance of NCDEQ's internal policy to issue -or -deny within
120 days of receipt of application. The included plans and associated documents constitute the reapplication of #20230059 V1. The project footprint and design is the same as that of SAW
2023-00100 and #20230059 V1. The only change is the result of a revised buffer call issued July 28, 2023 which is reflected. Currently, all riparian buffer impacts are to the secondary
zone only and are the result of allowable temporary impacts for installation of a gravity sewer. All stream crossings will be bored with pits starting in the secondary zone. Two small
wetlands are proposed to be filled to allow for construction of road slopes. No other impacts are proposed.
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-2023-00100
4f. List the total estimated acreage of all existing wetlands on the property:
0.375
4g. List the total estimated linear feet of all existing streams on the property:
4085
4h. Explain the purpose of the proposed project: *
Proposed subdivision and associated improvements.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
See 4a
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:
SAW 2023-00100
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alex Aycrigg, PWS
Agency/Consultant Company: Wetland and Environmental Solutions, LLC
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
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
2. Wetland Impacts
Q
u
W4
2a1 Reason (?)
Fill
2b. Impact type* (?)
P
2c. Type of W.
Non -Tidal Freshwater Marsh
2d. W. name
W4
2e. Forested*
No
2f. Type of Jurisdicition *
?)
Both
2g• Impact
area *
0.060
(acres)
WS
Fill
P
Non -Tidal Freshwater Marsh
W5
No
Both
0.060
(acres)

2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.120
2g. Total Wetland Impact
0.120
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project has over 4,000 feet of streams and no proposed impacts due to the efforts of the developer to minimize and reduce to the maximum extent
practicable. The project is challenging due to the slopes and strong relief. Efforts include the use of steep slopes and retaining walls to avoid impacts to
riparian buffers and other resources and minimization of the total number of residential lots.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All stream crossings will be bored and riparian buffers protected so that impacts to the resources are minimized.
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:
Impacts are below threshold.
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
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Durham
Comments:
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
O
O

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.
Project is single phase with no plans for expansion. Additionally, the surrounding land is being developed.
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 1-8?
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?
IPaC and NHP
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?
IPaC and NHP
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?
HPoweb and NC NHP
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?
Models and maps
Miscellaneous

Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Oak Grove 401 Submittal.pdf 15.17MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Alex Aycrigg
Signature
�,,
Date
9/8/2023
M