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HomeMy WebLinkAbout20231269 Ver 1_ePCN Application_20230912DWR 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: 8/10/2023 BIMS # Assigned 20231269 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: E-53 Pleasant Plains Elementary School 1a. Who is the Primary Contact?* Ashley Bentz 1b. Primary Contact Email: * abentz@smeinc.com Date Submitted 9/12/2023 Nearest Body of Water Beaver Creek Basin Cape Fear Water Classification WS-IV:NSW Site Coordinates Latitude: 35.71339 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 Longitude: -78.87859 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone: * (919)896-0758 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 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: 18 - Minor Discharges 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: Wake County Public School System 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: Brian Lanfair 2d. Address Street Address 111 Corning Road, Suite 190 Address Line 2 City State / Province / Region Cary NC Postal / Zip Code Country 27518 us Yes No Yes No 2e. Telephone Number: (919)588-3572 2g. Email Address:* blanfair@wcpss.net 4. Agent/Consultant (if applicable) 4a. Name: Ashley Bentz 4b. Business Name: S&ME, Inc. 4c.Address Street Address 3201 Spring Forest Road Address Line 2 City Raleigh Postal / Zip Code 27616 4d. Telephone Number: (919)801-3798 4f. Email Address:"` abentz@smeinc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Apex, NC 2. Project Identification 2a. Property Identification Number: 0731640633 2c. Project Address Street Address 1525 South Salem Street Address Line 2 City Apex Postal / Zip Code 27502 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Beaver Creek 3b. Water Resources Classification of nearest receiving water: WS-IV;NSW 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. 030300020609 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country us 4e. Fax Number: 2b. Property size: 29.19 ac State / Province / Region NC Country us 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 project site is primarily undeveloped and wooded with the exception of a single family residence on the easternmost portion of the property where it connects to South Salem Street. The land to the north of the site is being developed as a residential development and the remaining vicinity is primarily residential or undeveloped. The site is bounded by 1-540 to the west. a 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: 0.78 4g. List the total estimated linear feet of all existing streams on the property: 1,514 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct an elementary school to meet the existing needs for additional educational facilities in Wake County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Project includes new construction of an approximately 140,000 gsf elementary school building and its corresponding parking lots, paved access drives, utilities, stormwater control measures, lighting, and site retaining walls. Construction will be performed by standard commercial construction equipment. No specialized equipment not regularly seen on commercial projects is anticipated. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O 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-2021-02534 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Walter Cole Agency/Consultant Company: S&ME, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Buffer determination letter issued December 21, 2021. PJD submitted to Mr. Lyle Phillips of the USACE on November 24, 2021. Site visit conducted on 1/13/2022. On September 23, 2022, Mr. Phillips sent an email to Mr. Walter Cole of S&ME confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified Proposed Site. The location and extent of these aquatic resources are shown on the delineation map, labeled Feature Exhibit (dated 1/13/2022). 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? 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 O 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * 2g• Impact ?) area * W1 Fill T ottomland Hardwood Forest f W1 Yes Corps 0.007 (acres) W1 Fill P Ftt,mland Hardwood Forest W1 Yes Corps 0.001 (acres) W2 Utility Crossing P Ftto.land Hardwood Forest W2 Yes :: Corps ] 0.009 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.007 0.010 2g. Total Wetland Impact 0.017 2i. Comments: Impacts to feature W 1 are the result of the construction of a retention wall. Temporary impacts are necessary for construction of the retention wall and will total 0.007ac. The wetland areas utilized for construction of the retention wall will be restored to original grade and contour and allowed to revegetate post construction. Permanent impacts will be the result of fill necessary for the retention wall and will total 0.001 ac. Impacts to wetland feature W2 are the result of the construction of a 30-foot wide utility corridor. Post construction, the wetland will be regraded to original grade and revegetated with herbaceous vegetation. This impact will result in the conversion of 0.009 acres of forested wetland to a herbaceous wetland and while this will be a permanent impact through conversion, there will be no net loss of wetlands for the utility line. 6. Buffer Impacts (for DWR) 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 T S1 No 370 206 Allowable P S1 No 244 161 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 370.00 206.00 Zone 1 Zone 2 Total Permanent impacts: 244.00 161.00 Zone 1 Zone 2 Total combined buffer impacts: 614.00 367.00 61. Comments: Temporary impacts to the riparian buffer are the result of a temporary construction corridor necessary for the installation of a stormwater conveyance draining from the stormwater control measure. The stormwater control measure will control nutrients and attenuate flow before the conveyance discharges. Temporary impacts will be the result of a temporary construction corridor to allow for installation of the stormwater conveyance. This will total 307 sq ft in Zone 1 and 206 sq ft in Zone 2. These areas will be allowed to regrow post construction. Permanent impacts will consist of the footprint of the stormwater conveyance. These will total 244 sq ft in Zone 1 and 161 sq It in Zone 2. E. Impact Justification and Mitigation O 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: While the entirety of the project aimed to avoid all impacts to streams, buffers, and wetlands, some impacts to wetlands and riparian buffers were unavoidable. Due to a significant change in grade across the site (70% a large retaining wall is planned to avoid impacts to a wetland. The building was also moved as far northward as possible. Impacts below the retaining wall are required for construction of the wall, but will be temporary and the wetland will be returned to existing grade and allowed to regrow vegetation. The proposed area to be cleared has been minimized as much as practicable in the design of the project. Appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual' will be used to minimize impacts to the jurisdictional features. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Specific attention will be paid to ensure grading is only performed to the extent needed for the proposed project and all grading not required will be avoided. Additional impacts to the jurisdictional features will be avoided through the use of appropriate sediment and erosion control devices. 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: Project impacts do not meet thresholds commonly requiring mitigation. 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. Town of Apex Comments: Project is currently under review by Town of Apex. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * Project does not meet thresholds for review under NEPA/SEPA. 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. School is intended to meet existing need for educational facilities and is not intended to result in additional development. 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. Town of Apex has accepted responsibility for treating wastewater. 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 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? The NC Natural Heritage Program online data explorer (https://www.ncnhp.org/data) and US Fish and Wildlife Service Information for Planning and Consultation (IPaC) report. No critical habitat was identified within the site and no element occurrences of federally protected species have been observed within the site or within one mile of the site. 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 USFWS IPaC report and the National Marine Fisheries Service Essential Fish Habitat Mapper (https://www.habitat.noaa.gov/protection/efh/efhmapper/) 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?" The North Carolina State Historic Preservation Office web mapping tool HPOWEB (https://www.ncdcr.gov/aboutihistory/division-historical-resources/gis- maps-and-data). While there were several historic structures on the western side of South Salem Street, these are no longer present and were determined ineligible by the NCSHPO for listing on the National Registry. 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 project engineer and the FEMA firm map 3720073100K, dated July 19, 2022. The FEMA firmette is attached. 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 Attachments.pdf 14.96MB Impact Exhibits.pdf 4.17MB 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. a Full Name: Ashley Bentz Signature Gfat/�f�riz Date 9/12/2023