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HomeMy WebLinkAbout20231395 Ver 1_ePCN Application_20231012DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 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: 4/4/2023 Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned * 20231395 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 1a. Name of project: Parker Ridge 1a. Who is the Primary Contact?* Deborah Shirley 1b. Primary Contact Email: * dshirley@sandec.com Date Submitted 10/12/2023 Nearest Body of Water Harris Creek Basin Neuse Water Classification QNSW Site Coordinates Latitude: 35.914483 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wake ..................... Longitude: -78.462634 Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Joseph Myers:joseph.myers 1c. Primary Contact Phone: * (919)846-5900 $570.00 $767.00 `I Is this a NCDMS Project Yes No 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: 29 - Residential Developments 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 401 Water Quality Certification - Express Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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 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: Parker, W H Parker, Doris Faye Harold Parker / Parker, W Harold Jr / Rolesville Development LLC Glennon Bittan Investments 2b. Deed book and page no.: DB:005409, DP:00926 / DB:018732, DP:01014 / DB:009243, DP:01196 2c. Contact Person: 2d. Address Street Address 149 Stonebridge Dr / 149 Stonebridge Dr / PO Box 30803 Address Line 2 City State / Province / Region New London / New London / Greenville Wake Postal / Zip Code Country 28127 / 28127 / 27833 USA 2e. Telephone Number: 2f. Fax Number: (919)836-6461 2g. Email Address:* michael.taylor@lennar.com 3. Applicant Information (if different from owner) 3a. Name: Michael Taylor 3b. Business Name: Lennar Carolinas — Raleigh Division 3c.Address Street Address 1100 Perimter Park Drive, Ste. 112 Address Line 2 City State / Province / Region Morrisville NC Postal / Zip Code Country 27560 USA 3d. Telephone Number: 3e. Fax Number: (919)836-6461 3f. Email Address:* michael.taylor@lennar.com 4. Agent/Consultant (if applicable) 4a. Name: Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, PA 4c.Address Street Address 8412 Falls of Neuse Rd., Ste. 104 Address Line 2 city State / Province / Region Raleigh NC Postal / Zip Code Country 27615 USA 4d. Telephone Number: 4e. Fax Number: (919)846-5900 0. Email Address:* dshirley@sandec.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Rolesville 2. Project Identification O 2a. Property Identification Number: 1758884270, 1758988411, 1758983710 & 2b. Property size: 1768091558 +/_ 88 acres 2c. Project Address Street Address 0 & 82 School Street and 201 Redford Place Drive Address Line 2 City State / Province / Region Rolesville NC Postal / Zip Code Country 27571 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Harris Creek 3b. Water Resources Classification of nearest receiving water:" C,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. 030202010703 4. Project Description and History 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: * Existing conditions consist of four parcels that are separated by Redford Place Drive. The land is primarily wooded with existing utility easements with sanitary sewer, existing structures and trails. There are eight streams (A, B, D, G, H, I, K & L), one pond (pond 1), one pond with buffers than encroach on -site (Pond 2), and seventeen wetlands (W1, W2, W3, W5, W6, W7, W8, W9, W10, W11, W12, W13, W14, W15, W16, W17, & W18) within the property boundaries. General land use in the vicinity consist of residential and commercial use. 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: Approximately 1.79 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 4,529 LF 4h. Explain the purpose of the proposed project: The purpose of the project is to construct a residential development and its necessary infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The overall project consists of a mixed multi -family and single-family residential development and it's necessary infrastructure such as roadway infrastructure, utilities, residential lots, amenity center, and stormwater control measures (SCM). Specifically there are stream, wetland and riparian buffer impacts associated with road and greenway crossings, and riparian buffer impacts associated with utilities and stormwater discharge. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers, etc. will be utilized for this project. 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-2021-02532 (email concurrence) 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Kevin Murphrey Agency/Consultant Company: Soil & Environmental Consultants, PA Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE: Email concurrence by April Norton on January 4, 2022 (SAW-2021-02532); NCDWR: Buffer determinations made by Chris Smith on April 13, 2023 (NBRRO #21-422) *Note that Preliminary was checked to allow this data box to be available 6. Future Project Plans 6a. Is this a phased project?* Yes O No 6b. If yes, explain. Yes this is a phased project for construction purposed. There are no intended phases beyond the site plan. 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? It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries p Buffers Open Waters Pond Construction 2. Wetland Impacts O 2a1 Reason (?) 2b. Impact type* M 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 2g.Impact area * Impact 2B Road Crossing P Headwater Forest W2 Yes Both 0.035 (acres) Impact 3A Road Crossing P Headwater Forest W13 Yes Both 0.028 (acres) Impact 3B Lot Fill P Headwater Forest W13 Yes Both 0.019 (acres) Impact 4 Culvert Removal T Headwater Forest W18 Yes Both 0.002 (acres) ff7]Rcacl Crossing P Headwater Forest W16 Yes Both 0.026 (acres) 2g. Total Temporary Wetland Impact 0.002 2g. Total Wetland Impact 0.110 2g. Total Permanent Wetland Impact 0.108 2i. Comments: Total permanent loss wetland = 0.108 acres; Total temporary wetland = 0.002 acres. Temporary wetland impacts will be brought back to pre -construction contours and the existing adjacent wetland source will assist in the restoration of the wetland vegetation. 3. Stream Impacts F 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact ?) Jurisdiction* length* S1 Impact 1-Road Crossing Permanent Culvert Stream I Intermittent Both 63 Average (feet) (linear feet) 32 Impact 1-Permanent-No Permanent Other Stream I Intermittent Both 8 46 Permanent Loss (Riprap Average (reet) (rinear feet) dissipator) S3 Impact 1-Road Crossing- Temporary Other Stream I Intermittent Both 24 Construction Access Average (feat) (linear feet) gq Impact 2A-Road Crossing Permanent Culvert Stream B Intermittent Both 78 Average (feet) (linear feet) S5 Impact 2A-Permanent-No Permanent Other Stream B Intermittent Both 6 45 Permanent Loss (Riprap Average (reet) (rnearfeet) dissipator) S6 Impact 2A-Road Crossing- Temporary Other Stream B Intermittent Both 15 Construction Access Average (feel) (linear feet) g7 Impact 4-Permanent-No Permanent Other Stream I Intermittent Both 10 43 Permanent Loss (Riprap Average (feet) (linear feet) dissipator) gg Impact 5-Road Crossing Permanent Culvert Stream A Perennial Both 50 Average (feet) (linear feet) S9 Impact 5-Permanent-No Permanent Other Stream A Perennial Both 1 20 Permanent Loss (Riprap Average (feet) (linear feet) dissipator) S10 Impact 5-Road Crossing- Construction Access Temporary Other Stream A Perennial Both Average (feet) 41 (linear feet) 3i. Total jurisdictional ditch impact in square feet 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 345 80 3i. Total stream and ditch impacts: 425 3j. Comments: Total permanent loss stream = 191 (0.029 acres); Total Permanent -no permanent loss stream = 154 LF (0.023 acres); Total temporary stream = 80 LF (0.010 acres); Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. 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 Impact 1-Road Crossing P Stream I No 5,976 3,872 Impact 2A-Road Crossing P Stream B No 5,472 3,998 Impact 4-Greenway P Stream I No 2,060 2,486 Impact 5A-Greenway P Stream A No 4,363 2,979 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 17,871.00 13,335.00 Zone 1 Zone 2 Total combined buffer impacts: 17,871.00 13,335.00 61. Comments: Per 15a NCAC 02b .0714(11)(kk)(i), 15a NCAC 02b .0714(11)0)(i) and 15a NCAC 02b .0714(9)(a)(i) Impacts 5B, 5C, 5D, 6, 8, 9 and 10 are considered "deemed allowable". E. Impact Justification and Mitigation 1. Avoidance and Minimization a 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a wetland delineation and Neuse River Buffer evaluation for the onsite and offsite parcels in order to identify natural resources so that impacts could be avoided & minimized to the maximum extent practicable. Proposed impacts include four (4) road crossings, two (2) greenway crossings (one of which is utilizing an existing culvert), one (1) area of lot fill, and eight (8) riparian buffer impact only areas, seven (7) of which are considered "deemed allowable". Impact 1 is a proposed road crossing. Proposed impacts include permanent (i.e. culverts), permanent -no functional loss (i.e. riprap dissipator pads) and temporary (i.e. construction access) stream impacts, permanent wetland impacts, and associated riparian buffer impacts. Stream and riparian buffer impacts have been minimized by designing the crossing at a near perpendicular angle, utilizing head walls and retaining walls, in addition to utilizing an existing 30' wide sanitary sewer easement. Stream and wetland mitigation is being proposed at a 2:1 ratio to compensate for these proposed impacts. Impact 2A is proposed road crossing. Proposed impacts include permanent (i.e. culverts), permanent -no functional loss (i.e. riprap dissipator pads) and temporary (i.e. construction access) stream impacts, and associated riparian buffer impacts. Stream and riparian buffer impacts have been minimized by designing the crossing at a near perpendicular angle and utilizing head walls and retaining walls. Stream mitigation is being proposed at a 2:1 ratio to compensate for these proposed impacts. Impact 2B is proposed road crossing. Proposed impacts include permanent wetland impacts. This impact is adjacent to the access easement that is needed to connect to East Young Street. Wetland mitigation is being proposed at a 2:1 ratio to compensate for these proposed impacts. Impact 3A is proposed road crossing. Proposed impacts include permanent wetland impacts. This impact is needed to access lots. Wetland mitigation is being proposed at a 2:1 ratio to compensate for these proposed impacts. Impact 3B is proposed lot fill. Proposed impacts include permanent wetland impacts. The fill is needed to support the interior of this development. Per the engineer, if Impact 3A was just needed, the road slopes would require this additional wetland fill. Wetland mitigation is being proposed at a 2:1 ratio to compensate for these proposed impacts. Impact 4 is a proposed greenway crossing. Proposed impacts include permanent -no permanent functional loss stream (i.e. riprap dissipator pad), temporary wetland impacts and associated riparian buffer impacts. This greenway was designed to utilize an existing culvert location. The existing culvert will be removed and replaced and riprap added for erosion protection. Additionally temporary wetland impacts are needed for construction activities. Impact 5A & 5B is a proposed greenway and sanitary sewer crossing. Proposed impacts include permanent (i.e. culverts), permanent -no functional loss (i.e. riprap dissipator pad) and temporary (i.e. construction access) stream impacts, and associated riparian buffer impacts. Impacts have been minimized by utilizing the same stream crossing for these two impacts, in addition to utilizing head walls and retaining walls. Stream mitigation is being proposed at a 2:1 ratio to compensate for these proposed impacts. Impact 7 is a proposed greenway crossing. Proposed impacts include Zone 2 riparian buffers only. Impacts have been minimized by avoiding Zone 1 of the riparian buffers. Riparian buffer Impacts 5B, 5C, 5D, 6, 8, 9 & 10 are all considered "deemed allowable' Per 15a NCAC 02b .0714(11)(kk)(i), 15a NCAC 02b .0714(11)(j)(i) and 15a NCAC 02b .0714(9)(a)(i). 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Per the project engineer— construction sequence to initially include bridgemats, then temporary diversion of streams for culvert installation; sediment and silt basins, silt fencing, and inlet protection. 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 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Restoration Systems: Milburnie Dam Mitigation Bank (Stream); Wildlands: Falling Creek Umbrella Mit Bank (wetland) 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 382 Riparian wetland 0.22 3c. Comments 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 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 NC DOT 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 Rolesville 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. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Parker Ridge project is a residential development. Additionally, the project is located within the Town or Rolesville jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed. 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. non -discharge; per the project engineer there is sufficient capacity at the WWTP and has a maximum of 75 MGD. 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 Sc. 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 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? S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on May 3, 2023. The USFWS has 30 days to respond from the date of the sent request. S&EC received no response from USFWS within the 30 days which in their interpretation means that they concur with the determinations made by S&EC. The S&EC determinations were that the proposed project is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report. 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 NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 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?" S&EC received a response letter (ER 23-1133) from SHPO on June 9, 2023 stating there was no comments for the offsite portion of the project; Three letters were provided by the applicant for work that was completed before S&EC was under contract, all three letters are attached for reference: ER 21-0083, ER-21-2810, and follow up letter from SHPO re ER-0083. 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?" NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. 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 PCN Attachments —Parker Ridge.pdf 33.19MB 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: Deborah E. Shirley Signature Z6Aot,&f S- t�ti tl�r� Date 10/12/2023