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HomeMy WebLinkAbout20231243 Ver 1_ePCN Application_20230908DWR 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: 10/31 /2022 BIMS # Assigned 20231243 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: THE YIELD North Master Plan ("Goodwin") — Commercial Development 1a. Who is the Primary Contact?* Kate Hefner 1b. Primary Contact Email: * kate.hefner@timmons.com Date Submitted 9/8/2023 Nearest Body of Water White Oak Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: Longitude: 35.680895 -78.894058 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Joseph Myers:joseph.myers@ncdenr.gov 1c. Primary Contact Phone: * (919)866-4953 a 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 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 39 - Commercial/Institutional Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application? * Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 401 Water Quality Certification - Express Riparian Buffer Authorization 1d. Who is applying forthe permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: CC YIELD North LLC 2b. Deed book and page no.: 19213; 0546 and 0550 2c. Contact Person: Elizabeth McMillan 2d.Address Street Address 601 S Tryon Street Address Line 2 Suite 800 city State / Province / Region Charlotte NC Postal / Zip Code Country 28202 USA Yes No Yes No 2e. Telephone Number: (704)235-8946 2g. Email Address:* emcmillan@crescentcommunities.com 4. Agent/Consultant (if applicable) 4a. Name: Kate Hefner 4b. Business Name: Timmons Group 4c.Address Street Address 5410 Trinity Road Address Line 2 Suite 102 city Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)866-4953 4f. Email Address:* Kate. Hefner@timmons.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality I town: Holly Springs 2. Proiect Identification 2a. Property Identification Number: 0730124768, 0730145033, & 0730131203 2c. Project Address Street Address 7511 & 7517 Woods Creek Road & 0 Copperhead Road Address Line 2 city Holly Springs Postal / Zip Code 27539 3. Surface Waters 3a. Name of the nearest body of water to proposed project: White Oak Creek 3b. Water Resources Classification of nearest receiving water: C 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040102 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 83.47 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 YIELD North Master Plan ("Goodwin") site (the Site) is approximately 83.47 acres located east of the intersection of Copperhead Road and Woods Creek Road in Holly Springs, North Carolina within Wake County. The Site is undeveloped and consists of mostly mixed hardwood and pine forested areas, a utility easement right-of-way (ROW) bisecting the central portion of the Site from east to west, a single-family residence (to be removed), and Woods Creek Road and its associated ROW. Evidence of previous logging activities are evident in the southern portion of the Site. The Site is bound by Woods Creek Road and US Highway 1 (US 1) to the north; by forested areas and Baucom Elementary School to the east; and by forested areas, private residences, and Copperhead Road to the south and west. The proposed commercial development will consist of the construction of five buildings with associated SCM features, parking lots, utility improvements (i.e. public water supply and sanitary sewer alignment), and amenity open space. A delineation of the project area was completed by Sage Ecological Services (Sage) in August 2021. In addition, Timmons Group re -delineated the boundaries of open water features and adjacent wetlands and the relatively permanent water (RPW) feature located within the central portion of the Site on June 14, 2023. No Jurisdictional Determination has been obtained for the Site to date. The Site is located in the Cape Fear Basin and is therefore not located in an area subject to state riparian buffer rules. 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: 0.883 4g. List the total estimated linear feet of all existing streams on the property: 3,450 4h. Explain the purpose of the proposed project:' The purpose of the project is to construct a commercial development consisting of five buildings with associated SCM features, parking lots, utility improvements, and the necessary amenities within Wake County. 4L Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed project is a single -phased commercial development that is located east of the intersection of Copperhead Road and Woods Creek Road in Holly Springs, North Carolina within Wake County. The project will include five commercial buildings and associated amenities, including stormwater control measures and utility and road improvements. All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. SCMs are required and will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 08/2021 — Delineation completed by Sage; 02/15/2023 — Stream Width measurements and NCSAM/WAM evaluations at proposed impact locations completed by Timmons Group; 06/14/2023 — Delineation of manmade ponds and surrounding wetlands completed by Timmons Group 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Sage Ecological Services and Timmons Group Other: 6. Future Project Plans 6a. Is this a phased project?" Unknown 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? No other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this permit application. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply) Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 2. Wetland Impacts O 2a1 Reason (?) 2b. Impact type" (?) 2c. Type of W. 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * 2g• Impact area 1A Site Fill P Headwater Forest Wetland WG Yes Both 0.043 (acres) 1 B 10' Construction Buffer T Headwater Forest Wetland WG Yes Both 0.008 (acres) Site Fill P Headwater Forest Wetland WD Yes Both 0.123 (acres) Site Fill P Headwater Forest Wetland WD Yes Both 0.033 (acres) Site Fill P Headwater Forest Wetland WC-02 Yes Both 0.011 (acres) 2g. Total Temporary Wetland Impact 0.008 2g. Total Wetland Impact 0.218 2g. Total Permanent Wetland Impact 0.210 2i. Comments: Wetland Impacts 1A, 2, 5, and 9 are all permanent and due to site fill for the construction of buildings, associated parking lots, and roadways onsite. Wetland Impact 1 B is temporary and due to a % construction buffer needed so that construction for the headwall can be completed in areas where permanent impacts will occur. After construction, the temporary impacts in the wetland will be restored to pre -construction contours, stabilized, and revegetated. All impacts have been designed to avoid and minimize to the maximum extent practicable. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name" 3e. Stream Type" 3f. Type of 3g. S. width 3h. I mpact ❑ (?) Jurisdiction* length* S1 7A— Road Fill Permanent Fill Stream SD Intermittent Both 2 100 Averege (feet) (linear feet) S2 7B — Dissipation Pad Permanent Rip Rap Fill Stream SD Intermittent Both 10 (permanent — no loss) Average (feet) (linear feet) S3 7C — 10' Construction Buffer Temporary Other Stream SD Perennial Both 10 Averege (feet) (linear feet) S4 8A — Road Fill Permanent Fill Stream SA Perennial Both 4 185 Average (feet) (linear feet) S5 8B — Dissipation Pad Permanent Rip Rap Fill Stream SA Perennial Both 40 (permanent — no loss) Averege (feet) (linear feet) S6 8C —10' Construction Buffer Temporary Other Stream SA Perennial Both 10 Average (feet) (linear feet) S7 8D—Construction Buffer Temporary Other Stream SA Perennial Both 10 Averege (feel) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 335 31. Total stream and ditch impacts: 365 3i. Total temporary stream impacts: 30 3j. Comments: Stream Impacts 7A and 8A are permanent and due to road fill in order to construct roadways throughout the Site. In addition to the permanent impacts, there will be permanent — no loss impacts for Impacts 7B and 8B. This is due to the installation of dissipator pads at the downstream sections of those impacts. The rip rap dissipation pad will be keyed into the streambed and will follow the existing stream channel. The culvert alignment options were limited at Impacts 8B, 8C, and 8D due to the sinuosity of the stream and placement of the proposed roadway. The proposed culvert alignment was chosen based on guidance from a stormwater engineer. The rip rap dissipation pad will be installed at the culvert outlet and within the stream starting at the proposed wingwall and continuing around the bend in the stream. This will provide diffuse flow into the existing stream channel that will maintain hydrology and will provide required stabilization to prevent erosion and bank instability issues. Stream Impacts 7C, 8C, and 8B are all temporary and due to the 10' construction buffer needed so that construction can occur in the areas where permanent impacts will occur. Temporary stream impacts will be restored to pre -construction contours and elevations after construction is complete. All impacts have been designed to avoid and minimize to the maximum extent practicable. 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area Site Fill P Pond 1 Fill :11Pond 0.11 Site Fill P Wetland WD Fill Other 0.01 Site Fill P Pond 2 Fill _11 Pond 0.14 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.00 0.26 4g. Total open water impacts: 0.26 4h. Comments: Open Water Impacts 3, 4, and 6 are all permanent and due to site fill for the construction of buildings, associated parking lots, and roadways onsite. The impacts are occurring to two pond features and one relatively permanent water feature that connects Pond 1 to Wetland WD. All impacts have been designed to avoid and minimize to the maximum extent practicable. 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: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts proposed are necessary in order for the project's goals to be realized. The project has gone through multiple design changes to ensure that the minimum amount of wetlands and streams are impacted while still meeting the necessary goals of the project. For example, the headwall at Impact 1A was shifted closer to Building E so that less of the wetland would be impacted. The headwall was designed as close as possible to Building E so that two-way traffic could get behind the building since this area is proposed for truck loading. Impacts to Wetlands WA-02 and WF and Stream SF have been avoided. The gas easement that is located in the southcentral portion of the Site has caused some design constraints. No buildings could be placed in the easement due to safety concerns, therefore, the buildings had to be designed in certain orientations in the southern portion of the Site. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of disturbance within jurisdictional waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): D W R Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Neu -Con Wetland & Stream Umbrella Mitigation Bank - Marston Site 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.42 3c. Comments The wetland mitigation will be paid at a 2:1 ratio, which requires a total of 0.42 wetland mitigation credits for the proposed 0.21 acre of wetland impacts. The credits are from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank - Marston Site. 8 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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 If no, explain why: The proposed project is located within the Cape Fear River Basin and does not have NC Riparian Buffer Protection Rules. 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. Wake County Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. The proposed project is a single and complete project that will not result in additional impacts. All impacts associated with the project are accounted for herein. 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 O Sc. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved? Yes No 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 Unknown 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? A search of the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) tool lists three (3) federally threatened or endangered species red -cockaded woodpecker, Cape Fear shiner, and Michaux's sumac, one (1) proposed endangered species, tricolored bat, and one (1) candidate species monarch butterfly with the potential to occur within the Site. No critical habitat is listed as occurring within the Site limits or a 1-mile radius. According to the NC Natural Heritage Program (NCNHP) report, there are no known occurrences of protected species or natural/managed areas within the project area or a 1-mile radius. No occurrences of protected species or suitable habitat for listed species were noted on Site. Based on email consultation received from Kathy Matthews of the USFWS on March 1, 2023, there are no concerns for listed species for the Site based on lack of suitable habitat. She noted additional consultation may be required following listing of the tricolored bat (Appendix E). Apogee, Inc. (Apogee) conducted a presence/absence mist -netting survey for the tricolored bat for the proposed project on the nights of August 18 through 21, 2023. No state or federally threatened or endangered species were captured during survey efforts. The report from Apogee is included in Appendix E. These results suggest the project will not cause direct or indirect adverse effects to tricolored bats, or any other threatened or endangered bat species. Further, the site does not contain any apparent rock outcroppings, caves, or mine portals. The Site is undeveloped and consists of mostly mixed hardwood and pine forested areas, a transmission line right-of-way (ROW) bisecting the northern portion of the Site from east to west, a single-family residence (to be removed), and Woods Creek Road and its associated ROW. The mixed hardwood and pine forested areas are dominated by hardwoods and lack large stands of pines that would provide suitable habitat for RCW. Therefore, suitable nesting and foraging areas are not present within the Site. Additionally, occurrences of RCW and cavity trees were not observed within the project area or noted in the NCNHP database report. Per the USFWS Eastern North Carolina Field Office, RCW populations are no longer present within Wake County. Therefore, relying on the SLOPES guidelines and guidance from the USFWS, due to the known extirpation of RCW within Wake County, location of the project outside of the RCW SLOPES consultation area, and the low percentage of dominant pine trees on the Site, the proposed project will have no effect on the red -cockaded woodpecker. The Cape Fear shiner is most often found in rocky pools and runs adjacent to riffles in wide, shallow segments of rivers with gravel, cobble and/or boulder substrates with forested banks. Streams within the southern portion of the site do not contain potentially suitable habitat for the Cape Fear shiner due to their lack of gravel and cobble substrate. Streams within the northern portion of the site were observed with areas of bedrock, cobble, and gravel substrate during site investigations. These streams contain potential suitable habitat, but according to USFWS, NCDOT has contracted several aquatic surveys over the years in White Oak Creek and Big Branch close to the Site. There were no sensitive aquatic species recorded, very few mussels, and no listed species. The NCNHP report did not identify any documented species occurrences within the site or a 1-mile radius. Based on the landscape position of the Site, which is very high up in the watershed, above Harris Lake, and the lack of listed species present in larger reaches downstream, it is our opinion that the proposed project will have no effect on the Cape Fear shiner. Michaux's sumac grows in sandy or rocky, open, upland woods on acidic or circumneutral, well -drained sands or sandy loam soils with low cation exchange capacities. The species is also found on sandy or submesic loamy swales and depressions in the fall line Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights -of -way; areas where forest canopies have been opened up by blowdowns and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. All rights -of -way and forest edges were determined to not contain suitable habitat for Michaux's sumac due to the shaded areas along forest edges and the dense herbaceous layers within the ROWs. Japanese stiltgrass and soft rush are growing densely in the herbaceous layers of the maintained utility corridor in the northern portion of the Site and therefore the area does not contain suitable habitat for Michaux's sumac. Further, no occurrences of the species were documented in the NCNHP database report within the Site or a 1-mile radius. Therefore, it is the opinion of Timmons Group that the project will have no effect on Michaux's sumac. The Site is undeveloped and consists of mostly mixed hardwood and pine forested areas, a transmission line right-of-way (ROW) bisecting the northern portion of the Site from east to west, a single-family residence (to be removed), and Woods Creek Road and its associated ROW. While evidence of flowering plant species was observed along the edges of the maintained easements during onsite investigation, occurrences of the monarch butterfly were not noted during Site investigation. Further, the monarch butterfly's habitat is ubiquitous throughout the state and disturbance to areas with potentially suitable habitat is minimal. Therefore, it is the opinion of Timmons Group that the proposed project will have no effect on the monarch butterfly. 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 Essential Fish Habitat Mapper 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? * A search of the North Carolina Natural Heritage Preservation Office's (HPO) online database and the North Carolina Department of Environmental and Natural Resources (DENR) Division of Historical Resources (DHR) data identified nine historical resources as occurring within a 1-mile radius of the proposed project limits. No historical resources were identified within the project area. Of those, all nine (9) resources are identified as Surveyed Only (SO), the closest of which is located 0.11-miles northwest of the Site. The four (4) closest historic resources, all within 0.2-miles of the Site, are located north of US Highway 1 (US-1) and would not be affected by the proposed activities. The remaining five (5) resources are all located over 0.3-miles from the Site and would not be affected by the proposed development. Considering the proposed project's consistency with the surrounding land use, along with all proposed work being limited to the project area, the project area's distance from all listings, and existing land use between the site and listings, the proposed project should have no effect on historical 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?* According to FEMA FIRM panel 3720073000K (eff. 7/19/2022), the Site is located within Zone X (area of minimal flood hazard) and therefore not within a FEMA-designated floodplain or floodway. Miscellaneous u 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 2023.09.08_PCN Cover Letter and Attachments Commercial Development_ FINAL (reduced).pdf 21.53MB 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: Kate Hefner Signature Date 9/8/2023