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