20191700 Ver 3_ePCN Application_20231201

DW R
DHlsloo 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.
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# *
20191700
3
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 - [phone]
Zachary Thomas:zachary.thomas
Information for Initial Review
1a. Name of project:
Fenton - Stream Stabilization
la. Who is the Primary Contact?*
Jennifer Burdette
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/1/2023
Nearest Body of Water
Walnut Creek
Basin
Neuse
Water Classification
C, NSW
Site Coordinates
Latitude: Longitude:
35.780979-78.757334
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No

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: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
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: Yes No
For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying 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:
USEF HCG Fenton, LLC
2b. Deed book and page no.:
017402 and 00385
2c. Contact Person:
Kurt Hartman
2d.Address
Street Address
5 Ravinia Drive
Address Line 2
City
State / Province / Region
Atlanta
GA
Postal / Zip Code
Country
30346
USA

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
HCG Fenton Phase D, LLC
2b. Deed book and page no.:
017402 and 00382
2c. Contact Person:
Kurt Hartman
2d.Address
Street Address
5 Ravinia Drive
Address Line 2
city
Atlanta
Postal / Zip Code
30346
2e. Telephone Number:
[phone]
2g. Email Address:*
kurt. [e-mail]
2a. Name(s) on recorded deed:
State of North Carolina, State Property Office
2b. Deed book and page no
2c. Contact Person:
Tim Warton
2d.Address
Street Address
116 W. Jones Street
Address Line 2
city
Raleigh
Postal / Zip Code
27603-1300
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Kurt Hartman
3b. Business Name:
USEF HCG Fenton, LLC
3c. Address
Street Address
5 Ravinia Drive
Address Line 2
City
Atlanta
Postal / Zip Code
30346
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
2f. Fax Number:
State / Province / Region
GA
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
GA
Country
USA
3e. Fax Number:
4. Agent/Consultant (if applicable)

4a. Name:
Jennifer Burdette
4b. Business Name:
Natural Resource Consultants, LLC
4c.Address
Street Address
308 W. Millbrook Road
Address Line 2
Ste. D #200
city
Raleigh
Postal / Zip Code
27609
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Cary
2. Project Identification
State / Province / Region
NC
Country
USA
4e. Fax Number:
a
2a. Property Identification Number:
0773198437, 0773183321, 0773288960 &
2b. Property size:
0774218071
92
2c. Project Address
Street Address
821, 855 & 925 Cary Towne Boulevard
Address Line 2
City
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27511
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Walnut Creek
3b. Water Resources Classification of nearest receiving water:
C, NSW
3c. What river basins) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011101
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 project area primarily consists of the Fenton mixed -use development. A greenway trail and sanitary sewer easement run on the northeast side of Walnut Creek. General land use in
the vicinity of the project includes commercial, residential, recreational, and forested areas.
Please refer to the attached USGS Location Map (Figure 1) and Wake County Soil Survey Map (Figure 2) for more information on the project setting.
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).
DWR #19-1700 v2, SAW-2012-01488

4f. List the total estimated acreage of all existing wetlands on the property:
4.4 AC
4g. List the total estimated linear feet of all existing streams on the property:
4,792 LF
4h. Explain the purpose of the proposed project:"
The purpose of the proposed project is to stabilize a section of eroding streambank on Walnut Creek associated with a previously permitted greenway pedestrian bridge and to obtain after -
the -fact approval for stabilizing a scour hole within the stream buffer at the same location.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
A Nationwide Permit 39 and 14 (SAW-2012-01499) were originally issued by the USAGE for the Fenton project on April 29, 2020, and later modified on September 2, 2020, and a
corresponding 401 Water Quality Certification (DWR# 19-17000, V2) was issued by DWR on September 1, 2020. These approvals were associated with the phased construction of a
mixed -use development to provide retail/commercial and multi -family space with attendant roads, parking decks and surface lots, stormwater infrastructure, urban open space, sanitary
sewer upgrades, and greenways. During Phase 2 of the project, a greenway network was constructed on the northeast side of Walnut Creek (Class C, NSW), which utilized permitted
pedestrian bridge/boardwalks to avoid and/or minimize impacts to Walnut Creek and associated floodplain wetlands.
During post -construction site visits and inspections of the greenway, streambank erosion and an adjacent scour hole were observed at the pedestrian bridge crossing of Walnut Creek
(Impact Inset E-7). The Town of Cary requested that stabilization measures be utilized to address erosion issues within this area. This PCN requests authorization for a proposed
streambank stabilization on Walnut Creek and after -the -fact approval related to scour stabilization within the stream buffer at the referenced pedestrian bridge.
The project proposes to re -slope the streambanks of Walnut Creek to correct vertical morphology caused by erosion. Propex — Armormax 75 SS B3 (detail attached) would then be
installed on the streambanks beneath the boardwalk, extending just above the ordinary high-water mark of Walnut Creek. Class 2 and B riprap would be underlain by filter fabric and would
overlap the Armormax system, extending from the ordinary high-water mark of Walnut Creek to below the stream's thalweg (Impact S-4). This system would be utilized on both
streambanks of Walnut Creek under the pedestrian bridge. A wetland (Impact W5) is located above the ordinary high-water mark on the left descending bank of Walnut Creek. Use of the
Armormax system will be applied below and above this wetland, and a North American Green - Western Green BioNet C125BN will be underlain with a wetland seed mix and installed
within the wetland area located under the pedestrian bridge.
To conduct the proposed streambank stabilization activities, a temporary access corridor will be utilized on the south/downstream side of the pedestrian bridge. The corridor will connect to
the greenway trail and will provide access and equipment staging from Quinard Road. A ford crossing will be utilized within the corridor to access the opposite bank of Walnut Creek (see
attached Standard Temporary Stream Crossing — Ford via The Town of Cary). The proposed temporary access corridor route, associated stream buffer impacts, and ford crossing were
approved under SAW-2012-01499 and DWR #19-1700, V2, and were employed during the construction of the pedestrian bridge crossing. There are no new buffer impacts associated with
the temporary access corridor. New temporary stream impacts associated with access (Impact S4) total approximately 34 LF/325 SF.
Streambanks temporarily impacted by the ford crossing will be returned to original contours upon completion of stabilization activities and the use of coir fabric that is free of nylon mesh
and an appropriate riparian seed mix will be utilized for stabilization. Impacts to the wetland adjacent to the boardwalk (Impact W-5) within the temporary access corridor will be
recontoured to preconstruction conditions and the North American Green - Western Green BioNet C125BN will be underlain with a wetland seed mix and installed within this location as
well.
On November 20, 2023, filter fabric and riprap were installed within a scour hole (Impact B-8) located on the south/downstream side of the boardwalk within Zone 1 of the stream buffer of
Walnut Creek. The work was completed per the attached Fenton Greenway Riprap Exhibit to address accelerated erosion that was destabilizing the streambank. The applicant is seeking
after -the -fact approval for this activity. A photograph of the completed work is included within the attached photo appendix.
Equipment typical for construction and earth moving will be utilized to construct the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes
Comments:
No
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-2012-01488
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kelly Roth/Jennifer Burdette
Agency/Consultant Company: McAdams Company
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The USAGE conducted a site visit on 10/4/2017 and issued a PJD on May 31, 2019 (SAW-2012-01488). DWR conducted a Buffer Determination site visit on 10/3/2017 and issued a Buffer
Determination on 10/17/2017 (NBRRO #17-340).
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?
No.
D. Proposed Impacts Inventory
O
1. Impacts Summary

1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W."
2d. W. name
2e. Forested"
2f. Type of Jurisdicition"
?)
�2g. Impact
area
W-5
Temporary
Access/Stabilization*
T
Unknown
W-5
LA
Both
0.007
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.007 0.000
2g. Total Wetland Impact
0.007
2i. Comments:
*W-5 will be stabilized via the use of North American Green - Western Green BioNet C12513N, which will be installed within the wetland area located
under the pedestrian bridge and within the temporary access corridor.
3. Stream Impacts
❑
S1
3a. Reason for impact (?)
Access
3b.lmpact type*
Temporary
3c. Type of impact"
Other
3d. S. name*
S-4, Walnut Creek
3e. Stream Type*
?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
10
Aveage (feet)
3h. Impact
length*
34
(linear feet)
H
Riprap
Permanent
Bank Stabilization J
S-4, Walnut Creek
Perennial
Both
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
9 34
3i. Total stream and ditch impacts:
43
3j. Comments:
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
Stabilization - Scour*
P
S-4, Walnut Creek
No
220
0
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1
Zone 2
Total Permanent impacts: 220.00
0.00
Zone 1
Zone 2
Total combined buffer impacts: 220.00
0.00

6i. Comments:
*Applicant is seeking after -the -fact approval for stream buffer impacts to Zone 1 associated with the stabilization of an actively eroding scour hole.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The applicant obtained a delineation of surface waters and wetlands of the study area before planning the project to avoid and minimize impacts to
aquatic resources to the maximum extent practicable. The proposed project is aimed at preserving downstream water quality via the stabilization of
eroding streambanks.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A sediment and Erosion Control Plan for the Fenton project was planned and approved by the Town of Cary prior to site construction and the project is in
compliance with the supplementary NPDES Construction Stormwater Permit (NCG010000). The project will adhere to the approved Sediment and
Erosion Control Plan and the use of Best Management Practices to ensure that there are no impacts to downstream water quality as a result of the
project.
Construction impacts will be minimized by limiting in -channel work to low -flow conditions and working from the proposed ford when possible
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent impacts associated with the project (approximately 9 LF of stream) are associated with bank stabilization activities that do not result in the permanent loss of Waters of the US.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a 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.
Town of Cary
Comments:
The Fenton project is subject to a stormwater management plan that has been approved by the Town of Cary.
G. Supplementary Information
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
L
L
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
2b Provide an explanation of the violation(s):
The scour hole was an emergency repair to protect downstream water quality and is included in this application for after -the -fact authorization.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The project is aimed at rehabilitating degraded/eroding streambanks associated with a previously permitted pedestrian bridge crossing. No additional
development will result from the project.
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 Fenton project is connected to the Town of Cary sanitary sewer system.
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?
In the attached letter dated September 25, 2017, USFWS indicated 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 Act. Since this letter was issued,
Neuse River Waterdog ( Necturus lewisi), Carolina Madtom ( Noturus furiosus) and Atlantic Pigtoe (Fusconaia masoni) have been listed as proposed,
threatened or endangered. The NHP report did not report any element occurrences of these species within one -mile of the project area. The watershed
in this area contains alarge amount of impervious area that does not receive stormwater treatment due to the age of the development, which has
degraded the water quality of Walnut Creek. The project is not likely to adversely affect the updated species.
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 Essential Fish Habitat (EFH) Mapper (http://habitat.noaa.gov/protection/efh/efhmapper/) was accessed on November 30, 2023.
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? *
NCSHPO issued the attached letter dated September 29, 2019, indicating that they are not aware of any historic resources that would be affected by the
project.

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:
8c. What source(s) did you use to make the floodplain determination?
NCFIRM Map 3720077400K 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
Fenton 404-401 Ltr+Att 2023-12-01_Optimized.pdf 9MB
File must be PDF or KMZ
Comments
Should the erosion below the pedestrian bridge accelerate during the review period of this application, the contractor may proceed with the proposed stabilization on an emergency basis
to protect downstream water quality. Before any emergency work begins, the USACE and DWR will be notified.
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:
Jennifer Burdette
Signature
O%A W,*t d' w.,IA-A.
Date
12/1/2023