20231298 Ver 1_ePCN Application_20230918

DWR
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:
8/7/2023
BIMS # Assigned
20231298
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
la. Name of project:
Peyton Estates
1a. Who is the Primary Contact?*
S&EC, PA - Bob Zarzecki
1b. Primary Contact Email: *
[e-mail]
Date Submitted
9/18/2023
Nearest Body of Water
Upper Barton Creek [Stream Index No. 27-15-(1)]
Basin
Neuse
Water Classification
WS-IV:NSW
Site Coordinates
Latitude:
Longitude:
35.939080
-78.721490
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
Is this project a public transportation project?*
Yes No
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas
1c. Primary Contact Phone: *
[phone]
Q

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
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
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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. Name(s) on recorded deed:
Edwin R. Norwood Heirs
2b. Deed book and page no.:
002424/00-E-
2c. Contact Person:
Betty L. Norwood
2d. Address
Street Address
15000 Creedmoor Road
Address Line 2
City State / Province / Region
Wake Forest NC
Postal / Zip Code Country
27587 USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Scott Bednaz
3b. Business Name:
Hytner Bednaz Holdings, LLC (aka HB Holdings)
3c.Address
Street Address
PO Box 91024
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27675
USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Bob Zarzecki
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 104
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27615
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)
Peyton Estates
1c. Nearest municipality / town:
Raleigh
2. Project Identification
2a. Property Identification Number:
0789263820
2b. Property size:
10.5
0

2c. Project Address
Street Address
12421 Victory Church Road
Address Line 2
City
Raleigh
Postal / Zip Code
27613
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Upper Barton Creek [Stream Index No. 27-15-(1)]
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.
030202010602
4. Project Description and History
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 site is currently wooded vacant land. The site surrounded by single family residential neighborhoods.
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:
0.03
4g. List the total estimated linear feet of all existing streams on the property:
1,320
4h. Explain the purpose of the proposed project:*
The project purpose is to construct a single family residential subdivision.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project proposes to construct eleven (11) single family residential lots, a single subdivision street and culdesac, and two (2) SCMs to protect downstream waters.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
S&EC delineated all potentially jurisdictional waters and submitted a JD request to the USACE for
verification on 1/14/2020.
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-2020-00122
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball, PWS, RF
Agency/Consultant Company: S&EC, PA
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
NBRRO # 20-034 Neuse Buffer Onsite Determination 3/2/20 (Gary Kreiser)
SAW-2020-00122 USACE Field Verification 2/27/2020 (Lyle Phillips)
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
0
V
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries 0 Buffers
Open Waters Pond Construction
3. Stream Impacts
F I
g1
3a. Reason for impact (?)
Road Crossing Culvert
3b.lmpact type"
Permanent
3c. Type of impact"
Culvert
3d. S. name* ��3e.
Stream "A"
Stream Type*
?)
Intermittent
3f. Type of
Jurisdiction*
Both
3g. S. width
Averege (feet)
3h. Impact
length*
125
(linear feet)
S2
RipRap Dissipater
Permanent
Rip Rap Fill
Stream "A"
Intermittent
Both
Ave2ge (teeq
18
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
3i. Total temporary stream impacts:
143
0
3i. Total stream and ditch impacts:
143
3j. Comments:
S1 would result in a loss of 0.014 acres if approved
S2 would be a permanent impact, but not a loss as the riprap will be installed below the existing streambed elevation
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
11
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Road Crossing
P
Stream "A"
Yes
8,980
5,782
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 8,980.00 5,782.00
Zone 1 Zone 2
Total combined buffer impacts: 8,980.00 5,782.00
6i. Comments:
The road proposes to cross the stream at a 70-degree angle (just under the 75-105 degrees to be considered a perpendicular crossing). As such buffer
mitigation is required and the applicant proposes payment into NCDMS (SOA attached).
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The applicant hired S&EC to delineate all potentially jurisdictional streams, wetlands and other waters on the property as well as an Neuse Buffers. The
applicant and project engineer used this information to design a subdivision that minimized impacts as much as practicable. The subdivision road was
curved across the stream and buffers to cross as close to perpendicular as possible to minimize impacts to the buffer and stream (rather than to run
straight thru the site parallel to the property boundary which would have maximized lot yield).

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The applicant will obtain both an erosion and sediment control plan and post -construction stormwater management plan for the project. Two stormwater
control measures are proposed that will initially act as sediment basins during construction and later converted to post -construction wet detention ponds.
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):
DWR 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
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
0
4d. Buffer mitigation requested (DWR only):
(square feet)
35,613
4f. Non -riparian wetland mitigation requested:
(acres)
0
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
No stream mitigation is required as the stream loss is less than 0.02 acres.
Buffer mitigation is required because the proposed crossing at 70 degrees is just slightly less than "perpendicular" (75-105 degrees), unfortunately the
applicant and engineer cannot adjust the design to cross at 75 degrees.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
Ga. 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
6b. If yes, then identify the square feet of impact.
6c. Reason for impact
6d. Total impact (square �ru
feet)
ltiplier
6e. Required mitigation
(square feet)
Zone 1
Road Crossing
8,980
3
26,940
Zone 2 Road Crossing 5,782 1.5 8,673
6f. Total buffer mitigation required
35613
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
No stream mitigation is required as the stream loss is less than 0.02 acres.
Buffer mitigation is required because the proposed crossing at 70 degrees is just slightly less than "perpendicular" (75-105 degrees), unfortunately the
applicant and engineer cannot adjust the design to cross at 75 degrees.
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

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
Comments:
Even though the project meets the low density definition, Wake County is requiring a stormwater management plan for it that includes the two SCMS and level spreaders shown on the
plans. Wake County will review and approve the SMP.
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 project is a single family residential subdivision surrounded by existing uses and is not anticipated to result in additional development which could
impact nearby downstream water quality.
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.
Wastewater from the subdivision will connect via the sewer outfall shown on the plans to an existing sanitary sewer system permitted to AQUA. AQUA &
DWR will ensure that adequate capacity exists.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
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
L

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?
USFWS IPAC & NC NHP databases; See attached T&E Report which was submitted to the USFWS for concurrence on 8/23/23. The project was
determined by S&EC to have no effect or NLAA protected species. The project will clear trees during the winter months (Dec 2023-March 2024) to avoid
potential impacts to the Tri-colored Bat.
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 EFH database; The project is located within the piedmont region of NC far from any EFH areas.
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?
NC SHPO;
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?
FEMA DFIRM & NC FLOOD 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
Peyton Estates—PCN Attachments.pdf 14.52MB
File must be PDF or KMZ
Comments
Attachments include: Agent Authorization Form, DWR Pre -filing; USGS; Soil Survey; Sketch Map; Impact Maps; NCDMS SOA; NBRRO#20-034; SAW-2020-00122; T&E Report;
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:
S&EC, PA - Bob Zarzecki
Signature
s��: a�-a�•z..a.r.
Date
9/18/2023
L