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HomeMy WebLinkAbout20231613 Ver 1_PCN_FillableForm_v4-3_02142023_Ennis Branch_signed_20231122STarE NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. [Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 34.7445 Longitude (DD.DDDDDD):-78.9062 Form Version 4.3, April 20, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https://edocs. deg. nc.gov/WaterResources/DocView.aspx?dbid=O&id=2196924&cr= 1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 PreFile()ncdenr.gov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 4/28/2022 Page 1 of 24 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: Wake Additional (if needed). Is this an ARPA project? ❑ Yes ® No If yes, ARPA project number: " The project number can be found on the "Letter of Intent to Fund" (LOIF) or "Offer and Acceptance Letter". If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at corev.basinaerencdenr. aov for further assistance. Is this a NCDMS project? (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? ❑ Yes ❑x No Please provide the date of the previous submission. Click tn -ntar a riaf- ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑ Regional General Permit (RGP) authorization? ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No NWP number(s) (list all numbers): 29 & 58 RGP number(s) (list all numbers ): Click to enter Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text. 1 d. Type(s) of approval sought from DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No Page 2 of 24 PCN Form Version 4.3- April 20, 2022 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: ❑ Yes 0 No For the record only for Corps Permit: ❑ Yes 0 No 1 f. Is this an after -the -fact permit/certification application? ❑ Yes 0 No 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? 0 Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes 0 No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes 0 No ❑ Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes 0 No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: httr)://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 24 PCN Form Version 4.3- April 20, 2022 B. Applicant Information 1 a. Who is the primary contact? Deborah Shirley 1 b. Primary Contact Email: dshirley@sandec.com 1 c. Primary Contact Phone: (###)###-#### (919)846-5900 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: Yellowbridge Captial LLC 2b. Deed Book and Page No.: DB:013508, DP:01177 & 01181 2c. Contact Person (for corporations): Gerald L. Hornick 2d. Address Street Address: 113 Mill Point Rd Address line 2: Click to enter. City: Kitty Hawk State/ Province/ Region: NC Postal/ Zip Code: 27949 Country: USA 2e. Telephone Number: * (###)###-#### (919)960-7674 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: tucker.ennis@lennar.com 3. Applicant Information (if different from owner) 3a. Name: Tucker Ennis 3b. Business Name (if applicable): Lennar Corporation — Raleigh Division 3c. Address: Street Address: 1100 Perimeter Park Drive Address line 2: Suite 112 City: Morrisville State/ Province/ Region: NC Postal/ Zip Code: 27560 Country USA 3d. Telephone Number: * (###)###-#### (919)960-7674 3e Fax Number: (###)###-#### Click to enter. 3f. Email Address: tucker.ennis@lennar.com Page 4 of 24 PCN Form Version 4.3- April 20, 2022 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 Address line 2: Suite 104 City: Raleigh State/ Province/ Region: NC Postal/ Zip Code: 27615 Country: USA 4d. Telephone Number: (###)###-#### (919)846-5900 4e Fax Number: (###)###-#### (919)846-9467 4f. Email Address: dshirley@sandec.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: httr)s://www.saw.usace.army. mil/Missions/Reaulatorv-Permit-Program/Permits/2017- Nationwide -Pe rmits/Pre- construction-Notification/ Page 5 of 24 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: Ennis Branch (aka Yellowbridge) 1 b. Subdivision name (if appropriate): Click to enter 1 c. Nearest municipality/town: Apex 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 0722752304 & 0722743789 2b. Property size (in acres): 48.24 acres plus offsite sewer easements 2c. Project Address: Street Address: 2813 & 2817 US 64 Hwy W Address line 2: Click to enter City: Apex State/ Province/ Region: NC Postal/ Zip Code: 27949 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 34.7445 Longitude (-DD.DDDDDD):--78.9062 3. Surface Waters 3a. Name of nearest body of water to proposed project: Reedy Branch 3b. Water Resources Classification of nearest receiving WS-IV;NSW water: The Surface Water Classification map may be found at this link: htti)s:Hncden r. mai)s.arcais.com/apes/webappviewer/index. htmI?id=6e 125ad7628f494694e259c8Odd64265 Cape Fear 3c. In what river basin(s) is your project located? * Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030300020609 located: The Find Your HUC map may be found at this link: httr)s:Hncdenr.mar)s.arcais.com/apes/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 24 PCN Form Version 4.3- April 20, 2022 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 two parcels to the south of US 64 Highway West. The land is partially wooded with agriculutrial fields on the property. There are three streams (A, B & C) and five wetlands (W2, W3, W4, W5 & LW2) within the property. Onsite also includes the area of two drained ponds that were determined to be non - jurisdictional by the USACE (i.e. Sackett). The evaluation area of the offsite sewer connection has 2 streams (A & Z), and five wetlands (W2, W6, W7, W8 & W9). General land use in the vicinity consist of residential and forested land. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes 0 No ❑ Unknown project (including all prior phases) in the past? If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 02. Is any portion of the work already complete? ❑ Yes 0 No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. N/A 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the Approximately 7.70 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent Approximately 2,345 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 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 the type of equipment to be used: The overall project consists of a single-family and mult-family residential development and the construction of roadway infrastructure, utilities, single-family lots and Storm Water Control Measures (SCM). Specifically, there are stream and wetland impacts associated with road crossings and utilities, and wetland impacts associated with lot fill. Additionally, there is 25,000 SF of commercial building space adjacen to US Hwy 64 W. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? ❑ Yes 0 No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text Page 7 of 24 PCN Form Version 4.3- April 20, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Click to enter text 5b. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved 0 Emailed concurrence what type of determination was made? ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2022-00147 Name (if known): Steven Ball 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: S&EC areas? Other: Click to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE- Email concurrence by Lyle Phillip on September 19, 2023 (SAW-2022-00147); Town of Apex- Stream Buffer determination conducted by James Misciagno on February 1, 2022 (Apex 21-006) 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Per the project engineer: The project will be phased with the 25,000 SF of future commercial space unknown at this time. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Reginal General Permits, or IP are anticipated. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Please reference Wake County GIS 8. Scheduling of activity: Construction timeline will be after permits are issued by agencies, including the local municipalitiy and before permits expire. The exact date is unknown at this time. Page 8 of 24 PCN Form Version 4.3- April 20, 2022 D. Proposed Impacts Inventory 1. Impacts Summary ❑x Wetlands ❑x Streams - tributaries 1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site # Impact Impact Wetland Type Wetland Name Forested Jurisdiction Impact Area Reason/Type Duration ? Type* (ac) W1 Culvert Permanent Bottomland Impact 1A - Yes Both 0.100 Hardwood Wetland 4 Forest W2 Fill (Incl. Permanent Headwater Impact 2B — Yes Both 0.026 Riprap) Forest Wetland 5 W3 Road/ Permanent Headwater Impact 2C — Yes Both 0.025 Driveway Forest Wetland 5 Crossing W4 Fill (Incl. Permanent Headwater Impact 2D — Yes Both 0.046 Riprap) Forest Wetland 5 W5 Road/ Permanent Headwater Impact 2E — Yes Both 0.045 Driveway Forest Weltand 5 Crossing Other Temporary Bottomland Impact 3 — Wetland Yes Both 0.002 W6 Hardwood 4 Forest Other Permanent Bottomland Impact 6 — Wetland Yes Both 0.372 W7 Hardwood 2 Permanent No Forest Permanent Loss Other Permanent Bottomland Impact 7 — Wetland Yes Both 0.004 W8 Hardwood 9 Permanent No Forest Permanent Loss W9 Choose one Temp/ Perm Choose one .;lick to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter Page 9 of 24 PCN Form Version 4.3- April 20, 2022 2g1. Total temporary wetland impacts 0.002 ac 2g2. Total permanent wetland impacts 0.618 ac 2g3. Total wetland impacts 0.620 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: N/A 2i. Comments: Total permanent loss wetland = 0.242 acres; Total permanent -no permanent loss wetland = 0.376 acres; Total temporary stream = 0.002 acres Page 10 of 24 PCN Form Version 4.3- April 20, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government 3a 3b. 3c. 3d. 3e. 3f. 3g. 3h. Site #* Impact Impact Impact Type* Stream Name* Stream Jurisdiction Stream Width Impact length Reason* Duration* Type* Type* (avg ft) * (linear ft) S1 Impact 1A, Permanent Crossing/ Stream A Perennial Both 13 126 Road Crossing Culvert S2 Impact 1A, Permanent Other Stream A Perennial Both 11 87 Permanent No Permanent Loss Riprap Dissipator Pad S3 Impact 2A, Permanent Fill (Incl. Stream C Intermittent Both 3 31 Crossing Riprap) S4 Impact 4, Temporary Other Stream Z Perennial Both 4 39 Utility Crossing S5 Impact 5, Temporary Other Stream A Perennial Both 4 30 Utility Crossing S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch 0 linear ft impact: 3i2. Total permanent stream 244 linear ft impacts: 36. Total temporary stream 69 linear ft impacts: 3i4. Total stream and ditch 313 linear ft impacts: Page 11 of 24 PCN Form Version 4.3- April 20, 2022 3j. Comments: Total permanent loss stream = 157 LF (0.039 acres); Total permanent -no permanent loss stream = 87 LF ( 0.021 acres) ; Total temporary stream = 69 LF ( 0.005 acres) Page 12 of 24 PCN Form Version 4.3- April 20, 2022 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site # 4a1. Impact Reason 4b. Impact Duration 4c. Waterbody Name 4d. Activity Type* 4e. Waterbody Type 4f. Impact area (ac) 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Ghoose one Click tc, Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter Page 13 of 24 PCN Form Version 4.3- April 20, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Cape Fear Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter Y/N Click to enter. Click to enter 132 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 133 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 134 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 135 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 136 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 137 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 138 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 139 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6i. Comments: A Jordan Watershed NPA will be submitted to the Town of Apex for review and anticipated approval Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 14 of 24 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: S&EC completed a wetland and stream delineation, and Jordan Lake Watershed Buffer evaluation for the entire property, including offsite area, in order to identify natural resources so that impacts could be avoided & minimized to the maximum extent practicable. Impact 1A is proposed road crossing. Proposed impacts include permanent loss (i.e. culvert & headwalls), permanent -no permanent loss (i.e. riprap dissipator pads) and temporary (i.e. construction access) stream impacts, and permanent loss (i.e. culvert, retaining wall & fill slopes) wetland impacts. This road crossing is necessary to provide access to the property from US 64 Hwy W. Stream and wetland impacts have been minimized by utilizing an existing culvert location to the east of the proposed culvert, and by utilizing headwalls and retaining walls. Stream and wetland mitigation is proposed at a 2:1 ratio to compensate for these proposed permanent loss impacts. Impact 2A is proposed fill necessary for the installation of a storm pipe from Ennis Branch Way discharging into SCM 1. Proposed impacts include permanent loss stream impacts. Stream impacts have been minimized by pulling the fill to the south to the maximum extent practicable. Stream mitigation is proposed at a 2:1 ratio to compensate for these proposed permanent loss impacts. Impacts 2B is proposed fill necessary for retaining wall and lot fill. Proposed impacts include permanent wetland loss impacts. Wetland impacts have been minimized by utilizing a retaining wall. Wetland mitigation is proposed at a 2:1 ratio to compensate for these proposed permanent loss impacts. Impact 2C and 2E is proposed road fill. Proposed impacts include permanent wetland loss impacts. These impacts are necessary to provide access to lots, in addition to utilities. Wetland mitigation is proposed at a 2:1 ratio to compensate for these proposed permanent loss impacts. Impacts 2D is proposed lot fill. Proposed impacts include permanent wetland loss impacts. Wetland mitigation is proposed at a 2:1 ratio to compensate for these proposed permanent loss impacts. Impacts 3 is proposed impacts necessary for the construction of a retaining wall. Proposed impacts include temporary wetland impacts. Permanent wetland impacts have been avoided by utilizing a retaining wall in this location. Temporary wetland impacts will be brought back to pre -construction contours and allowed to revegetate with the adjacent wetland seed source. Impacts 4 & 5 are proposed impacts for sanitary sewer crossings. Proposed impacts include temporary stream impacts. These impacts are necessary to provide sanitary sewer to the proposed development. Stream impacts have been minimized by crossing the streams at a near perpendicular angles. Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. Impacts 6 & 7 are proposed impacts for sanitary sewer installation. Proposed impacts include permanent — no permanent loss wetland impacts. These impacts are necessary to provide sanitary sewer to the proposed development. Wetland mitigation is proposed at a 1:1 ratio to compensate for the change of function of these wetlands. Impacts 8 — 10 are proposed Jordan Watershed riparian buffer impacts that will be submitted to the Town of Apex for review and anticipated approvals. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: Per the project engineer: The project will comply with Town of Apex's erocision control and stormwater design standards as with various Unified Development Ordinance (UDO) and adopted erosion control specifications. Said specifications include silt fence, silt fence outlets, temporary sediment basins, stone check dams, temporary and permanent seeding standards, and a full construction and erosion control sequencing plan. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? (check all that apply) 0 DWR 0 Corps Page 15 of 24 PCN Form Version 4.3- April 20, 2022 2b. If yes, which mitigation option(s) will be used for this ® Mitigation Bank project? (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) Cape Fear 02 Umbrella :Flat Rock (wetlands) 3a. Name of mitigation bank: EBX sponsored RES Cape Fear 02 Umbrella: Dairyland Site (stream) 3b. Credits purchased/requested: Type: Riparian Wetland Quantity 0.86 Type: Stream Quantity 314 Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Permanent loss stream impact = 157; 157 @ 2:1 mitigation ratio = 314 Permanent Wetland loss impact = 0.241 acres; 0.241 @ 2:1 mitigation ratio = 0.483 acres Permanent, No Permanent loss impact = 0.375 acres; 0.375 @ 1:1 mitigation ratio = 0.375 acres 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) htti)s://ribits.usace.armv.mil/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement Page 16 of 24 PCN Form Version 4.3- April 20, 2022 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑x No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Uiiur, LU MILM. Click LU MILM. %-.I1UUZ't; one Click LU MILM. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required 'lick to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or -F ❑Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 17 of 24 PCN Form Version 4.3- April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers 0 Yes ❑ No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https:Hdeq.nc.gov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit- quidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) 0 Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑ Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ❑ Yes 0 No To look up low density requirements, click here: httr):Hrer)orts.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) 0 Yes ❑ No reviewed and approved under a state stormwater program or state - approved local government stormwater program? ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? 0 Local Government (Check all that apply.) ❑ State If you have local government approval, please include the SMP on their overall impact map. 0 Phase II ❑ USMP Local Government Stormwater Programs 0 NSW 0 Water Supply Page 18 of 24 PCN Form Version 4.3- April 20, 2022 Please identify which local government stormwater program you are using. Town of Apex State Stormwater Programs ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 19 of 24 PCN Form Version 4.3- April 20, 2022 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental ❑ Yes ❑ No Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: Click to enter. 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): UlICK to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? Page 20 of 24 PCN Form Version 4.3- April 20, 2022 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 Ennis Branch (aka Yellowbridge) project is a residential development. Additionally, the project is located within the Town of Apex jurisdiction, 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 may require Best Management Practices 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; 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers; We anticipate that the DWR will advise us if any additional information is needed. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? 1 ® Yes ❑ No ❑ N/A 4b. If yes, 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. Per the project engineer: The project is a non -discharge site with a future water and sewer permit required from the Town of Apex. Connections being made to existing gravity sewer mains located within general proximity to the site. Treatment Plant: Western Wake Regional Water Reclamation Facility-18 MGD capacity. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another federal agency involved? ❑ Yes ❑ No ❑x Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? M Yes ❑ No 5g. Does this project involve bridge maintenance or removal? ❑ Yes ❑x No Page 21 of 24 PCN Form Version 4.3- April 20, 2022 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: httr):Hsaw-reg.usace.army.miI/NLEB/1-30-17-signed NLEB-SLOPES&aggs.gdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdo 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 February 1, 2022. S&EC completed the follow up Michaux's sumac survey on May 10, 2022. FWS concurred with S&EC's determinations on May 11, 2022. 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 and email concurrence from USFWS. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes ❑x No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact 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) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): httr):Hgis.ncdcr.gov/hr)oweb/ Page 22 of 24 PCN Form Version 4.3- April 20, 2022 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural ❑ Yes ❑x No preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on December 15, 2021, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. S&EC submitted an Environmental Review request on January 3, 2022. SHPO provided a response letter (ER-22-0102) on February 7, 2022 confirming there is no concern. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: httr)s:Hmsc.fema.aov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 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. Note that offsite utilities are within the FEMA 100-yr floodplain. H. Miscellaneous Comments: ':lick to enter Attach pertinent documentation or attachments not previously requested I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. I Full Name: Deborah Shirley I Page 23 of 24 PCN Form Version 4.3- April 20, 2022 Debor Signature: * DZbo�' IE, Shirley Date: 023.1 signed by :24:55 05' Shirley Date: 2023.11.22 13:24:55-OS'00' Date: * 11/22/2023 Page 24 of 24 PCN Form Version 4.3- April 20, 2022