HomeMy WebLinkAbout20231503 Ver 1_ePCN Application_20231103DWR
Dlvislon 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:
8/18/2022
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 *
Version# *
20231503
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - (919) 791-4200
Zachary Thomas:zachary.thomas
Information for Initial Review
1a. Name of project:
Buffaloe Reserve
1a. Who is the Primary Contact?*
Amanda Johnson
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
amanda.johnson@timmons.com (919)532-3248
Date Submitted
11/3/2023
Nearest Body of Water
Neuse River
Basin
Neuse
Water Classification
C; NSW
Site Coordinates
Latitude: Longitude:
35.85183-78.53559
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
O
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:
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
18 - Minor Discharges
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
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:
Trigate-Suncrest Buffalos Road LLC
2b. Deed book and page no.:
019096,01941
2c. Contact Person:
Sean Cooney
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
2701 East Camelback Road
Address Line 2
Suite 195
city
Scottsdale
Postal / Zip Code
85281
2e. Telephone Number:
(602)481-4301
2g. Email Address:*
scooney@suncrestreal.com
4. Agent/Consultant (if applicable)
4a. Name:
Amanda Johnson
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)532-3248
4f. Email Address:*
amanda.johnson@timmons.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Raleigh
2. Project Identification
2a. Property Identification Number:
1736764233,1736453588
2c. Project Address
Street Address
6515 Buffaloe Road
Address Line 2
City
Raleigh
Postal / Zip Code
27616
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Neuse River
3b. Water Resources Classification of nearest receiving water:
C; NSW
State / Province / Region
AZ
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
209.25
State / Province / Region
NC
Country
USA
M
3c. What river basins) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010704
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: "
The Site consists of approximately 209.25-acres located at 6515 Buffaloe Road and the adjoining property at 5604 Kyle Drive in Raleigh, North Carolina within Wake County. The Site is
primarily comprised of mature mixed hardwood -pine forest with an existing City of Raleigh sanitary sewer utility easement aligned west to east located in the southeastern portion of the
Site. The Site is bounded by Interstate 540 (1-540) to the north; a portion of a conservation easement on a property owned by Trigate-Suncrest Buffaloe Road LLC (PIN 1736844773),
Neuse River Trail greenway, and Neuse River to the east; residential and commercial development to the south; and residential development and forested areas to the west.
A conservation easement property (approximately 15-ac.) adjacent to the Site was funded by NC Land and Water Fund Project (NCLWF) (formerly Clean Water Management Trust Fund)
through NCLWF grant #1998A-104. The easement was originally recorded by the City of Raleigh and was subsequently assigned to the State of North Carolina. The property was
purchased by Trigate-Suncrest Buffaloe Road LLC on July 22, 2022. The proposed Buffaloe Reserve project will not result in impacts to the conservation easement.
This project is a proposed mixed -use residential development consisting of multi- and single-family homes, open space, stormwater management facilities, and appurtenant features (i.e.
road crossings and public utility connections). Access to the residential portion of the development is proposed via future City of Raleigh public roads Spring Forest Road and Buffaloe
Road. Stub outs will be added to the north (Buffaloe Road) and east (Spring Forest Road) of the site for future development connections. Interconnectivity is proposed west of the site via
Mallard Grove Drive and south of the site via Banded Iron Lane. Access to the retail portion of the development is proposed via Spring Forest Road.
Soil and Environmental Consultants (S&EC) conducted a field delineation on April 14, 2021 to identify potential jurisdictional Waters of the U.S. (WOTUS) within the Site. One pond, seven
streams, and 18 wetland features were identified within the Site. A desktop review confirming these boundaries was conducted by Lyle Phillips of the U.S. Army Corps of Engineers
(USACE) and an informal confirmation was provided on March 24, 2022 (SAW-2022-00159). The boundaries surveyed by Timmons Group on April 30, 2021 were used for the impact
maps. On August 18, 2022, Timmons Group measured stream widths using the Ordinary High Water Mark (OHWM) at potential impact locations. These measurements were used to
calculate impacts. On August 15, 2023, Timmons Group walked the existing utility corridor to look for the presence of Michaux's sumac individuals; none were observed.
The Site is located in the Neuse River riparian buffer watershed; therefore, jurisdictional streams depicted on the most recent U.S. Geological Survey (USGS) topographic map and/or most
recent published Natural Resources Conservation Service (NRCS) soil survey map are subject to the Neuse River Basin Buffer Rule. A buffer determination was issued for the project by
the NC Division of Water Resources (DWR) on November 12, 2021.
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:
14.86
4g. List the total estimated linear feet of all existing streams on the property:
7,419
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a mixed -use residential development consisting of single- and multi -family homes with community cohesion and the necessary amenities within
northeastern Wake County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project is a three -phased mixed -use residential development that is located off Buffaloe Road in Raleigh, North Carolina within Wake County.
The project will include single- and multi -family homes and associated amenities, including stormwater control measures and utility and road improvements.
Proposed impacts to jurisdictional features within the Site are associated with road crossings, grading, stormwater, and 30-foot City of Raleigh sanitary sewer easements. Public utilities
placement is required by the local municipality and will be maintained by the municipality following construction.
Impacts to onsite surface waters should be minimal and limited to those necessary to install necessary stormwater control measures, utility connections, road crossings, and grading
(where necessary). The project design utilized the confirmed delineation and field data collected during recent site visits to place impacts where the minimum amount of impact would
occur where practicable.
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:
A delineation was completed by S&EC personnel in April 2021. An informal delineation confirmation
was provided by Lyle Phillips of the USACE on 3/24/21. A buffer determination was issued by DWR
on 11/12/21. Timmons Group revisited the site on 8/18122 and mapped the boundaries of a recent
open water beaver impoundment.
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-2022-00159
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
O Unknown
Agency/Consultant Company: S&EC
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
The project will be constructed in phases; however, all impacts are accounted for in this ePCN application.
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 proposed impacts that will result from the
subdivision are being accounted for in this permit application. The future Perry Creek Road and Spring Forest Road public road extensions that are partially located within the Buffaloe
Reserve subdivision are considered a separate project that will be constructed regardless of the proposed subdivision. The proposed Buffaloe Reserve subdivision must be designed to
accommodate the City of Raleigh roads.
D. Proposed Impacts Inventory
1. Impacts Summary
la. 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" M
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
(?)
2g.Impact
area
1
Permanent Conversion
P
Headwater Forest
W14
Yes
Both
0.006
(No Loss) - Drainage
(acres)
Construction —
Permanent Conversion
5' Construction Buffer
T
Headwater Forest
W13
Yes
Both
0.001
(acres)
Sanitary Sewer Aerial
P
Headwater Forest
W12
Yes
Both
0.001
(acres)
6
Permanent Conversion
P
Headwater Forest
W12
Yes
Both
0.009
(No Loss) - Sanitary
(acres)
Sewer Construction
Drainage Construction
T
Headwater Forest
1`12
Yes
Both
0.001
(acres)
13
Grading
P
Headwater Forest
W8
Yes
Both
0.002
(acres)
13
5' Construction Buffer
T
Headwater Forest
W8
Yes
Both
0.007
(acres)
15
Aerial Sewer Concrete
P
f7verine Swamp Forest
W1
Yes
Both
0.001
Pier
(acres)
15
Permanent Conversion
P
Riverine Swamp Forest
W1
Yes
Both
0.050
(No Loss) - Aerial Sewer
(acres)
Concrete Pier
18
Road Fill
P
fftomland Hardwood Forest
W6
Yes
Both
F(a)
18
Road Fill
T
Fttomland Hardwood Forest ]W6
Yes
Both
0.015
(acres)
19
Aerial Sewer Concrete
P
Fttomland Hardwood Forest
W3
Yes
Both
0.001
Pier
(acres)
19
Permanent Conversion
P
Bottomland Hardwood Forest
W3
Both
0.030
(No Loss) - Sanitary
E
(acres)
Sewer Construction
2g. Total Temporary Wetland Impact
0.024
2g. Total Wetland Impact
0.192
2g. Total Permanent Wetland Impact
0.168
2i. Comments:
The Buffaloe Reserve project is proposing a total of 0.072-ac. (3,144-sq. ft.) of permanent impact, 0.024-ac. (1,041-sq. ft.) of temporary impact, 0.095-
ac. (4,130-sq. ft.) of permanent conversion from forested to herbaceous wetlands.
All temporary impacts will be restored to pre-existing contours and revegetated following completion of the work. Construction notes and revegetation
plans are included on Sheet CWI-2.16.
Impacts 1 (Sheet CWI-2.1) and 7 (CWI-2.4) are required for stormwater drainage, and cannot be reduced due to topographic constraints. Impact 15
(Sheet CWI-2.12) is required to construct and maintain an aerial sanitary sewer line within the FEMA 100-year floodplain, with associated permanent
impacts associated with aerial piers, and remaining impacts temporary, but resulting in permanent conversion from forested to herbaceous. The
discharge of dredged or fill material associated with Impacts 1, 7, and 15 will not cause the loss of more than 0.10-acre of waters of the United States.
Therefore, it is being proposed that these impacts be authorized under NWP 18.
The remaining impacts are proposed to be permitted under NWP 29.
Impact 4 (Sheet CWI-2.2) consists of temporary wetland impact required to construct a retaining wall to avoid permanent wetland impacts that would
otherwise result from grading.
Impact 6 (CWI-2.4) is required to install and maintain a City of Raleigh sanitary sewer line and 30-foot-wide utility corridor. The height of the aerial sewer
line was designed based on existing ground elevation and surrounding slope. To provide a sufficient height for the sewer line crossing at Impact 8, the
sewer line must be installed 5" above the existing ground elevation in the wetland at this location. The wetland around the sewer line will be considered a
permanent fill impact. The aerial crossing will allow for overland flow through the wetland. After installation, the wetland surrounding the aerial sanitary
sewer line will be restored to pre-existing contours and revegetated following completion of the work. This area will be maintained as herbaceous and
therefore is being considered a permanent conversion impact.
Impact 13 (Sheet CWI-2.9) is required for grading and the installation of two culverts for a proposed road and the construction on a floodplain bench at
the outlet of the high flow (floodplain) culvert. The floodplain bench will allow for flood waters to spread out which will reduce the velocity of flood flows
and therefore reduce the likelihood of erosion and stability issues.
Impact 18 (Sheet CWI-2.13) is required for subdivision road construction necessary for access within the eastern portion of the site. The road placement
was limited by the need to continue across Spring Forest Road within the existing site boundaries, and minimizes wetland impact as much as
practicable. A headwall is being proposed to minimize wetland impacts that would otherwise result from grading.
Impact 19 is required to construct and maintain an aerial sanitary sewer line, with associated permanent impacts associated with aerial piers, and
remaining impacts temporary, but resulting in permanent conversion from forested to herbaceous vegetation.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type ofwidth
3h. Impact
❑
(?)
Jurisdiction*
length*
g1
2-5' Construction Buffer
Temporary
Other
B
Perennial
Both
10
Averege (feet)
(linear feet)
S2
5 — Sanitary Sewer
Temporary
Other
B
Perennial
Both
10
42
Construction
Average (feet)
(linear feet)
S3
Sanitary Sewer
Temporary
Other
G
__]
Intermittent
Both
Co
OrIStrUCtlOn
Averege (feet)
(linear feet)
S4
8—Sanitary Sewer
Temporary
Other
F
Intermittent
Both
14
31
Construction
Averege (feel)
(linear feet)
SS
9 — Drainage Construction
Temporary
Other
B
Perennial
Both
10
Averege (feet)
(linear feet)
S6
10 —Drainage Construction
Temporary
Other
E
Intermittent
Both
Averege (feet)
(linear feet)
S7
12 - Road Fill
Permanent
Culvert
B
Perennial
Both
6
134
Averege (feet)
(linear feet)
gg
12 - Grading
Permanent
Fill
B
Perennial
Both
3
30
Average (feet)
(linear feet)
S9
12 - Dissipation Pad — No
Permanent
Rip Rap Fill
B
Perennial
Both
20
LOSS
Averege (feet)
(linear feet)
Fo
12-5' Construction Buffer
Temporary
Other
B
Perennial
Both
6
40
Average (feet)
(linear feet)
Fil
13—Road Fill
Permanent
Fill
E
Intermittent
Both
3
162
Averege (feet)
(linear feet)
S12
13 — Dissipation Pad — No
Permanent
Rip Rap Fill
E
Intermittent
Both
20
Loss
Average (feet)
(linear feet)
3-5'Construction Buffer
Tem ora rY
Other
E
Intermittent
BothF3]�lP
Averege (feet)
(linear feet)
S14
�14 — Sanitary Sewer
Temporary
Other
B
Perennial
Both
�33
Construction
Average (feet)
(linear feet)
S15
15—Sanitary Sewer
Temporary
Other
B
Perennial
Both
10
31
Construction
Averege (feel)
(linear feet)
S�6�16-5'
St7
Construction Buffer
17-5'ConstructionBuffer
Temporary
Temporary
Other
Other
B
C
Perennial
Perennial
Both
Both
Average (feet)
Averege (feet)
(linear feet)
(linear feet)
Stg
19-Sanitary Sewer
Construction
Temporary
Other AC
Perennial
Both
�31
Averege (feel)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
366
3i. Total stream and ditch impacts:
633
3i. Total temporary stream impacts:
267
3j. Comments:
The Buffalos Reserve project is proposing a total of 326-I.f. (0.03-ac.) of permanent impact, 40-I1 (0.003-ac) of permanent, no loss impact, and 267-I.f.
(0.045 ac.) of temporary impacts. Temporary stream impacts will be restored to pre -construction contours and elevations after construction is complete.
Drainage Construction
Impacts 2, 9, 10, 16, and 17 consist of temporary impacts associated with the installation of stormwater discharge outlets. Each of the dissipation pads
have been designed based on the size and outflow of the pond. For Impacts 2, 9, and 17, the stormwater will outlet through a dissipation pad into a
constructed swale before reaching the stream.
Sanitary Sewer Line
Impacts 5 (Sheet CWI-2.3), 6 (Sheet CWI-2.4), 8 (Sheet CWI-2.5), 14 (Sheet CWI-2.11), 15 (Sheet CWI-2.12), and 19 (Sheet CWI-2.14) are required to
install a City of Raleigh sanitary sewer line. Due to the high cost and extended timeline that would be required, using directional boring methods is not
feasible for the project. Further, given constraints from topography and existing sewer infrastructure, the proposed sanitary sewer related impacts will be
aerial in nature with impacts limited to those necessary for installation of the proposed line and associated easement. Dewatering and a temporary pump
around are proposed for use at during sewer line installation (Sheet CWI-2.16). After installation, the stream bed and bank will be restored to pre -
construction contours.
At Impact 5, a sanitary sewer line will be installed via open cut methods adjacent to the stream (spanning over the stream itself), and will result in 42-I.f.
(0.001-ac) of temporary stream impact. The sanitary sewer line will consist of an 8-in. ductile pipe enclosed in a 16" steel casing and will be installed 51"
above the stream bed elevation at a 0.50 % slope.
At Impact 6, only 4-I1 of the stream will be temporarily impacted to construct to 30-foot-wide utility corridor.
At Impact 8, a sanitary sewer line will be installed via open cut methods and will result in 31-I.f. (0.001-ac) of temporary stream impact. The sanitary
sewer line will consist of an 8-in. ductile pipe encased in a 16" steel casing and will be installed 45" above the stream bed elevation at a 0.50 % slope
which is above the 25-year flood elevation.
At Impact 14, a sanitary sewer line will be installed via open cut methods and will result in 33-I.f. (0.004-ac) of temporary stream impact. The sanitary
sewer line will consist of an 8-in. ductile pipe encased in a 16" steel rasing and will be installed 3" below the stream bed elevation at a 0.50 % slope.
At Impact 15, an aerial sanitary sewer line will span over the stream and will result in 31-I.f. (0.007-ac) of temporary stream impact. The sanitary sewer
line will consist of an 8-in. ductile pipe encased in a 16" steel casing and will be installed 58" above the stream bed elevation at a 0.55 % slope. Two
concrete piers will be installed approximately 20 feet from top of bank on either side of the stream to support the aerial crossing.
At Impact 19, an aerial sanitary sewer line will span over the stream and will result in 31-I.f. (0.005-ac) of temporary stream impact. The sanitary sewer
line will consist of an 8-in. ductile pipe encased in a 16" steel casing and will be installed 66" above the stream bed elevation at a 3.09 % slope.
Roads
Impact 12 (Sheets CWI-2.7 and -2.8) is for a proposed road that will cross perennial Stream B. The stream crossing will include one 9' X 8' box culvert
and with two 14' X 3' box culverts that will be countersunk to maintain feature connectivity up- and downslope of the crossing. The slope of the culvert
was designed to match the natural stream profile from the longitudinal profile. The 9' X 8' box culvert is the channel culvert and approximately matches
the width of the existing stream. The culverts were designed by stormwater engineers using flood data and hydraulic and hydrologic modeling. The road
is aligned perpendicular to the existing stream. A floodplain bench is being proposed to maintain low flows and allow for high flow events. The proposed
rip rap dissipation pad will be keyed into the stream bed to allow for aquatic life movement and downstream connectivity. Headwalls are proposed on the
up- and downstream sides of the crossing. Dewatering and a temporary pump around are proposed for use at during crossing installation (Sheet CWI-
2.16). The City of Raleigh is requiring a road to connect to the existing stub road in the adjacent subdivision for connectivity and emergency access.
Impact 13 (Sheets CWI-2.7 and -2.8) is for a proposed road that will cross intermittent Stream E. The stream crossing will include one 12' X3' and one
10' X 4' box culverts that will be countersunk to maintain feature connectivity up- and downslope of the crossing. The slope of the culvert was designed
to match the natural stream profile from the longitudinal profile. The culverts were designed by stormwater engineers using flood data and hydraulic and
hydrologic modeling. The road is aligned perpendicular to the existing stream. A floodplain bench is being proposed to maintain low flows and allow for
high flow events. The proposed rip rap dissipation pad will be keyed into the stream bed to allow for aquatic life movement and downstream connectivity.
Headwalls are proposed on the up- and downstream sides of the crossing. Dewatering and a temporary pump around are proposed for use at during
crossing installation (Sheet CWI-2.16).
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
2 — Drainage Construction
P
B
No
454
496
2 — Dissipation Pad
P
B
No
0
74
3 - Sanitary Sewer Construction
P
B
Yes
83
0
3 - Sanitary Sewer Construction
P
B
No
0
2,760
5 - Sanitary Sewer Construction
P
B
No
1,919
1,944
6 - Sanitary Sewer Construction
P
G
Yes
1,692
0
7 — Grading I
P
G
No
0
260
8 - Sanitary Sewer Construction
P
F
No
1,423
1,408
9 — Drainage Construction
P
B
No
386
345
10 — Dissipation Pad Construction
P
E
No
60
0
10 — Drainage Construction
P
E ii
No
505
648
11 —Road Fill
P
F
No
0
854
12 - Road Fill
P
B
Yes
9,704
0
12 - Road Fill
P I
B
Yes
0
6,392
13 - Road Fill
P
E
Yes
11,420
0
13 - Road Fill
P
E
Yes
0
5,626
14 - Sanitary Sewer Construction
P
B
No
1,258
797
15 - Sanitary Sewer Construction
P
B
No
1,532
1,241
16 — Dissipation Pad Construction
P
B 11
No
72
0
16 — Drainage Construction
P
B
No
465
402
17 — Drainage Construction
P
C
No
413
287
17 — Dissipation Pad Construction
P
C
No
0
75
19 - Sanitary Sewer Construction
P
C
No
1,732
1,222
6 - Sanitary Sewer Construction
P
G
No
0
1,389
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 33,118.00 26,220.00
Zone 1 Zone 2
Total combined buffer impacts: 33,118.00 26,220.00
6i. Comments:
A table summarizing buffer impacts according to the Neuse River buffer rules Table of Uses is included in Appendix C. The buffer impacts that require
mitigation in Zone 1 will be at a 3:1 ratio and at a 1.5:1 ratio for Zone 2.
All buffer impacts have been minimized and avoided to the maximum extent practicable while still allowing the project's goals to be achieved.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
0
u
1a. 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.
Impacts to jurisdictional features onsite were minimized by utilizing 3:1 slopes, crossing streams and wetlands as close to 90-degrees as possible,
utilizing headwalls at stream and wetland crossings, and installing a keyed in rip rap dissipator pad in the stream bed and bank to reduce erosion
downstream while maintaining safe aquatic life passage. Permanent wetland impacts will be completely avoided at Impacts 1 and 4 and minimized at
Impact 18 due to the utilization of headwalls. In addition, stream and buffer impacts were minimized at Impacts 12 and 13 due to the utilization of
headwalls.
All temporary impacts will be restored and revegetated following completion of the work per notes found on Sheet CWI-16.
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):
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:
Falling Creek Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Quantity:
Riparian wetland
0.230
Stream
652
Riparian buffer
84,438
3c. Comments
Permanent wetland fill and permanent conversion from forested wetlands impacts combined total more than 0.1 acre, therefore wetland mitigation is
required. Wetland mitigation is required at a 2:1 ratio for permanent wetland fill impacts; therefore, 0.072-ac. will be mitigated at 2:1 (0.144 credits). The
0.086-acre of permanent wetland conversion impacts will be mitigated at 1:1 (0.086 credits) Stream mitigation is required at a 2:1 ratio for permanent
stream impacts; therefore, 326-I.f. will be mitigated at 2:1 (652 credits). Buffer mitigation is detailed below in section 6j.
Statement of Availability (SOA) letters were obtained from Wildlands Engineering, Inc. and DMS that collectively can cover the required 0.230-ac. of
wetland credits, 226 stream credits, and 84,438-sq ft of buffer credits located in the Neuse River Basin (HUC 03020201). RES and Water and Land
Solutions are anticipating credit releases at the end of the year. Correspondence is included in Appendix D. When requesting mitigation invoices, private
mitigation banks will be contacted prior to using credits from the ILF program.
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)
4c. If using stream mitigation, what is the stream temperature:
652
warm
4d. Buffer mitigation requested (DWR only):
4e. Riparian wetland mitigation requested:
(square feet)
(acres)
84,438
0.230
4f. Non -riparian wetland mitigation requested:
(acres)
0
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
When requesting mitigation invoices, private mitigation banks will be contacted prior to using credits from the ILF program. The ILF program was
contacted to demonstrate credits are currently available to cover the mitigation needs for the project.
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
6b. If yes, then identify the square feet of impact.
6c. Reason for impact
6d. Total impact (square
Multiplier
6e. Required mitigation
feet)
(square feet)
Zone 1
Road Fill & Non -perpendicular Utility Sanitary Sewer
22,899
3
68,697
Line
Zone 2 Road Fill
12,018 1.5 18,027
6f. Total buffer mitigation required
86724
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
A table summarizing buffer impacts according to the Neuse River buffer rules Table of Uses is included in Appendix C.
Total buffer impacts associated with road crossing Impacts 12 and 13 are greater than 1/3-acre; therefore, the buffer impacts are Allowable with
Mitigation Upon Authorization (15A NCAC 02B .0714, item (y)(iii)). According to the Buffer Interpretation/Clarification #2010-001 dated September 20,
2010, if buffer mitigation is required, wetlands will be subtracted out of the impacts to the protected riparian buffer zones before determining the amount
of mitigation. No wetlands are present within the riparian buffers at Impact 2. At Impact 13, 333 sq. ft. of wetland is present within Zone 1 impacts and32
sq. ft. of wetland is present within Zone 2 impacts.
Impacts 3 and 6 are Allowable with Mitigation Upon Authorization (15A NCAC 02B .0714, item (II)(iii)).
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
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
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:
The site is located within a Neuse NSW Strategy Area and is subject to Wake County stormwater ordinances. The local program satisfies NC DEQ Phase II stormwater requirements.
G. Supplementary Information O
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
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
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.
The proposed project will connect to the City of Raleigh's public sewer system and all necessary water and sewer permit approvals will be obtained from
the City.
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
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 prepared a protected species review for the Site, dated June 30, 2021, that determined the proposed project will have no effect on the following
federally listed endangered or threatened species, their formally designated critical habitat, or species proposed for listing under the Endangered
Species Act (ESA): red -cockaded woodpecker, Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and dwarf wedgemussel due to lack of suitable
habitat and Michuax's sumac due to the lack of individuals present during a plant survey conducted on June 7, 2021 (Appendix E). It was determined the
project may affect but is not likely to adversely affect the northern long-eared bat. John Ellis agreed with the determinations made by S&EC via email on
June 28, 2021. At the time of this ePCN submittal, the northern long-eared bat is no longer listed by IPaC for the project area and therefore does not
require Section 7 consultation.
On August 15, 2023, Timmons Group walked the existing utility corridor to look for the presence of Michaux's sumac individuals; none were observed
A search of the USFWS IPaC database on October 24, 2023 did not identify any additional species from those listed in the USFWS consultation
conducted in 2021 (Official Species List Project Code 2023-0018338). No critical habitats were identified within the project area or a 1-mile radius. The
IPaC database identified one proposed species, the tricolored bat, and one candidate species, the monarch butterfly, as potentially occurring within the
project area.
At the time of this ePCN submittal, the tricolored bat is proposed endangered. Suitable habitat is present on -Site in forested areas. If tricolored bat is
listed after the permit is issued and before trees can be cleared on -Site, additional Section 7 consultation may be required.
The monarch butterfly's habitat is ubiquitous throughout the state and disturbance to areas with potentially suitable habitat is minimal. Milkweed species
were not observed within the site and therefore no potentially suitable breeding habitat for the monarch butterfly were observed within the Site.
Therefore, it is the opinion of Timmons Group that the proposed project will have no effect on the monarch butterfly.
A search of the North Carolina Natural Heritage Program (NCNHP) database dated July 10, 2023 did not identify occurrences of federally listed species
within the project limits. There was one occurrence of the Carolina madtom observed within a 1-mile radius of the project over 120 years ago on August
18, 1902.
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? *
Appendix F includes a map and list of historic resources within 1-mile of the Site, SHPO responses from 2021 and 2023, and an environmental review
request submitted by Timmons Group from 2023. These items are summarized below.
There are 10 historic resources that were identified within 1-mile of the Site (see Appendix A). Of those, only three (3) are identified as listed or eligible
for listing on the National Register of Historic Places, the closest of which is located approximately 0.41-mile northwest of the Site. No historical
resources are listed as occurring within the Site.
In a letter dated July 16, 2021, the North Carolina State Historic Preservation Office (SHPO) (Project ID ER 21-1588) determined that the project as
proposed will not have an effect on any historic structures (Appendix B). The SHPO also stated there were no recorded archaeological sites but
recommended an archeological survey because the Site contains ridges adjacent to the Neuse River and its tributaries, which are landforms that have a
high probability for containing significant archaeological sites.
An environmental review request was submitted to the SHPO by Timmons Group on July 20, 2023 to determine if further studies would be required for
the SHPO to make a determination regarding potential impacts to historic and archaeological resources. The SHPO provided a response to the
environmental review request (Project ID ER 23-1645) on August 10, 2023. The SHPO stated "We have conducted a review of the project and are
aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed."
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
According to FEMA FIRM Map panel 3720173600K (eff. 7119/2022), much of the Site is located within Zone X (area of minimal flood hazard). However,
the eastern boundary of the Site is located within Zone AE, an area with 1 % annual chance flood hazard and base flood elevation of approximately 190
to 191 feet above mean sea level.
The project has been designed to minimize impacts to the FEMA 100-year floodplain to the greatest extent possible. There will be minor grading impacts
to the FEMA 100-year floodplain as a result of the project. In addition, an aerial sanitary sewer line will cross the FEMA 100-year floodplain. The aerial
pipe will be supported by two concrete piers that the size, spacing, and number of piers have been designed to minimize impacts to the adjacent
wetlands/flood pla i ns.
8c. What source(s) did you use to make the floodplain determination?
FEMA FIRM panel 3720173600K (effective 7/19/2022)
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
2023.11.03_Buffaloe Reserve ePCN Appendices (reduced).pdf 28.46MB
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:
Amanda Johnson
Signature
Date
11/3/2023
0