20221404 Ver 2_ePCN Application_20231121

DW R
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:
8/29/2023
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 *
20221404
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
1a. Name of project:
Huxley Deem Rehabilitation -MODIFICATION
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email: *
[e-mail]
Date Submitted
11/21/2023
Nearest Body of Water
Reedy Branch
Basin
Cape Fear
Water Classification
WS-IV;NSW
Site Coordinates
Latitude:
35.7311
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Longitude:
-78.9159
Version#*
2
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas
1c. Primary Contact Phone: *
[phone]
$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
Please provide the date of the previous submission.
10/6/2022
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: 03 - Maintenance
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
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:
Judy G. Hackney & Edwin Goodwin
2b. Deed book and page no.:
DB: 003195, DID 00151
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
O

2d. Address
Street Address
2505 Olive Chapel Road
Address Line 2
City
State / Province / Region
Apex
Wake
Postal / Zip Code
Country
27502
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Chris Raughley
3b. Business Name:
Pulte Home Company, LLC
3c.Address
Street Address
1225 Crescent Green Dr., Ste.250
Address Line 2
city
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27518
USA
3d. Telephone Number:
3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Neuse Road, Ste. 104
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27615
USA
4d. Telephone Number: 4e. Fax Number:
[phone]
0. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Huxley
1c. Nearest municipality / town:
Apex
2. Project Identification
O

2a. Property Identification Number:
0722406699
2c. Project Address
Street Address
2505 Olive Chapel Road
Address Line 2
city
Apex
Postal / Zip Code
27502
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Reedy Branch
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
2b. Property size:
11.91
State / Province / Region
MC
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: *
Existing conditions onsite consist of forested land and open water. Specifically on this parcel where the dam rehab is proposed, there is Pond 1, Wetland 1 and intermittent Stream C.
General land use in the vicinity of the project consists of forested land and residential neighborhoods.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
USACE:SAW-2020-01905
NCDWR: DWR#20221404
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately .13 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 274 LF
4h. Explain the purpose of the proposed project:
The purpose of this project is to rehabilitate an existing dam required by Dam Safety.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The overall project consists of a dam rehabilitation. Specifically, there are the stream, wetland and open water impacts associated with a reconstructed dam and riprap spillway. Equipment
typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders 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-020-01905
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
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: Site visit and JD issued by Samantha Dailey 12/14/2020 (SAW-2020-01905).
Town of Apex: Site visit and determination issued by Jessica Bolin on 11/9/2020 (Apex 20-004).
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?
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 O
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
p Wetlands Streams -tributaries 7 Buffers
O Open Waters Pond Construction
2. Wetland Impacts
Impact 3 (W1)
Reason (?)
Dam Rehab Grading &
Riprap Spillway
2b. Impact type* (?)
P
2c. Type of W.
Bottomland Hardwood Forest
2d. W. name
W1
2e. Forested"
Yes
2f. Type of Jurisdicition*
(?)
Both
2g. Impact
area
0.079
(acres)
Impact 3 (W2)
FCO-m-Temporary
Access
T
Bottomland Hardwood Forest
W1
Yes
Both
0.043nstruction
(acres)
2g. Total Temporary Wetland Impact
0.043
2g. Total Wetland Impact
0.122
2i. Comments:
Permanent loss = increase by 0.01 acres; Temporary impact increase by 0.002 acres.
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.079
F
S1
3a. Reason for impact (?)
Impact 3-Dam Rehab
P
Grading and Riprap (S2)
3b.lmpact type*
Permanent
3c. Type of impact*
Dam construction
3d. S. name*
C
3e. Stream Type*
(?)
Intermittent
3f. Type of
Jurisdiction*
Both
3g. S. width
6
Average (feet)
F. Impact
liength*
25
(linear feet)
S2
Impact 3-Dam Rehab-
Temporary Construction
Access(S1)
Temporary
Dam construction
C
Intermittent
Both
3
Average (feet)
E(.ne.rleet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
25
3i. Total stream and ditch impacts:
100
3j. Comments:
Permanent loss = no change; Temporary impact increase by 56 LF.
4. Open Water Impacts
3i. Total temporary stream impacts:
75
4a. Site #
4af. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
-]
ff
Temporary Excavation ��T
Access
Pond 1
Other
_]
Pond
805.00
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
805.00 0.00
4g. Total open water impacts:
805.00
4h. Comments:
NOTE: PCN WILL NOT ALLOW A DECIMAL POINT IN 4f, this impact should read 0.805 acres. Temporary impact increase by 0.645 acres.
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:
S&EC completed a wetland delineation and Jordan Lake Watershed Buffer evaluation for the entire property in order to identify natural resources so that
impacts could be avoided & minimized to the maximum extent practicable. This is a modification of a previously issued 404 NWP verification and 401
Individual Water Quality Certification. Impact 3 is proposed dam rehabilitation work that is being required by Dam Safety, see Notice of Inspection letter
dated August 5, 2019 from NCDEQ-Land Quality Section. Post our previous 404 verification and 401 IC Approval, the Town of Apex requested that a
riprap spillway be added and extend through the wetland to the edge of water level at Pond 1.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The E&SC plan will be approved by the Town of Apex and will specify measures such as silt fence and sediment basins to avoid offsite sedimentation.
Work in wetlands will be limited and will utilize mats or other means to avoid/minimize impacts.
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:
EBX sponsored RES Cape Fear 02 Umbrella Mitigation Bank, specifically from the Tobacco Road
Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.02
3c. Comments
Previous wetland mitigation has been paid, please see attached 404 NWP verification with signed CMRT form for 0.24 acres, in addition to a new SOA
for 0.02 acres.
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
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 11 NSW USMP Water Supply

Please identify which local government stormwater program you are using.
Town of Apex
Comments:
The SMP for the subdivision will be reviewed and Approved by the Town of Apex. This dam rehabilitation work does not specifically require permanent stormwater treatment. Note as well
that the riparian buffer impacts will be submitted to the Town of Apex for revie and anticipated approval.
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.
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 Huxley Dam Rehabilitation project is a residential development. Additionally, the project is located within the Town of Apex
ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the
Jordan Watershed Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to
"diffuse flow" requirements and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; 2) the Water Supply,
Watershed Protection Program which limits development densities as well as requires protective riparian buffers; and 3) 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.
For Huxley subdivision: non -discharge, connecting to an existing sanitary sewer easement that crossing through the property to the north.
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 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
March 08, 2022. Determinations made by S&EC are 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. USFWS provided an email on August 4, 2022 that they concurred with the S&EC
determinations, email attached.
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?
Froehling & Robertson submitted a request to the State Historic Preservation Office on September 1, 2020. They received response from SHPO on
October 8, 2020 determining that no historic resources would be affected by the project. Response letter attached.
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:
Yes, some work will be conducted along the northern side of the site that is within the FEMA 100-year floodplain. The project has been reviewed by the
Town of Apex and found to be outside of the regulatory Floodway.
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_ Huxley Dam Rehabilitation.pdf 17.55MB
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 Shirley
Signature
0m, a ,9imly
Date
11/21/2023
u