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HomeMy WebLinkAbout20231677 Ver 1_ePCN Application_20231207DW 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# * 20231677 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Jade Creek Subdivision 1a. Who is the Primary Contact?* Erin Binkley 1b. Primary Contact Email: * ebinkley@fandr.com Date Submitted 12/7/2023 Nearest Body of Water Bolin Creek Basin Cape Fear Water Classification WS-V;NSW Site Coordinates Latitude: 35.950396 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Orange Is this a NCDMS Project Yes No Longitude: -79.107160 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Kristina Morales: Kristina.Morales 1c. Primary Contact Phone:* (919)995-7868 $570.00 $767.00 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: 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 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 401 Water Quality Certification - Express Riparian Buffer Authorization 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. Nani on recorded deed: Blocker Properties, LLC 2b. Deed book and page no.: 1704/233 2c. Contact Person: Elizabeth Blocker 2d.Address Street Address 0 Old NC Highway 86 Address Line 2 City State / Province / Region Chapel Hill North Carolina Postal / Zip Code Country 27516 United Sates Yes No Yes No 2e. Telephone Number: (252)917-3016 2g. Email Address:' RAcosta@KBHome.com 3. Applicant Information (if different from owner) 3a. Name: Roman Acosta 3b. Business Name: KB Homes 3c.Address Street Address 4506 S. Miami Blvd. #100 Address Line 2 City Durham Postal / Zip Code 27703 3d. Telephone Number: (919)768-7976 3f. Email Address:"` RAcosta@KBHome.com 4. Agent/Consultant (if applicable) 4a. Name: Erin Binkley 4b. Business Name: Froehling & Robertson, Inc. 4c.Address Street Address 310 Hubert Street Address Line 2 City Raleigh Postal / Zip Code 27603 4d. Telephone Number: (919)995-7868 4f. Email Address:* ebinkley@fandr.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Jade Creek Subdivision 1c. Nearest municipality I town: Chapel Hill 2. Project Identification 2f. Fax Number: State / Province / Region North Carolina Country United States 3e. Fax Number: State / Province / Region North Carolina Country United States 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 9860810089 36.3 2c. Project Address Street Address 0 Old NC Highway 86 Address Line 2 city Chapel Hill Postal / Zip Code 27516 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Bolin Creek 3b. Water Resources Classification of nearest receiving water: WS-V;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. 030300020603 4. Project Description and History State / Province / Region North Carolina Country United Sates 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: * Jade Creek is a residential subdivision proposed by KB Home consisting of 72-single family lots, approximately 2,400 linear feet of public streets, and recreational amenities. The site is approximately 36.7 acres in size and is located along the east side of Old NC 86 in the Town of Carrboro, NC. The site is bordered by Old NC 86 to the west, two single-family homes and Ballentine Subdivision to the north, Lake Hogan Farms Subdivision to the east, and Stony Hill Subdivision to the south. The headwaters of Hogan Lake bisect the site and approximately 25 % of the total site area lies within and south of the Hogan Lake/Bolin Creek floodplain. A transmission power easement bisects the northern portion of the site and approximately 20 % of the total site area lies within or north of this easement. Except for a playfield and path proposed north of the power easement, all of the development on the site is proposed in the remaining 55 % that lies between the floodplain to the south and the power easement to the north. 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: 3.99 4g. List the total estimated linear feet of all existing streams on the property: 1,170 4h. Explain the purpose of the proposed project: The proposed site features 72 detached single-family houses, with a playground, seating areas, a gathering space, play field, and a greenway system. The proposed greenway system will also connect to the existing greenway system that runs along Hogan Lake and will tie into the site at the southeastern property line. A boardwalk over an existing wetland is part of the hiking/biking trail that is required to meet the recreation area requirements established by the Town of Carrboro. A wetland nearly extends all the way across the property, and they are required to cross it to complete the "loop" of the hiking trail (see attachment for details). 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Total disturbed area includes 18.82 acres. This includes all disturbance required for a full site construction. Construction will occur in four stages (see attachments for details). 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-2022-00355 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Alex Aycrigg Agency/Consultant Company: Froehling & Robertson Other: Elias Ruhl 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? D. Proposed Impacts Inventory 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 L W1 2a1 Reason (?) Proposed Boardwalk 2b. Impact type" (?) P 2c. Type of W. ottomland Hardwood Forest f 2d. W. name Wetland 2 2e. Forested" Yes 2f. Type of Jurisdicition * ?) Both 2g• Impact area 0.000 (acres) W1 Proposed Boardwalk T Fttomland Hardwood Forest Wetland 2 t-A Both 0.022 acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.022 0.000 2g. Total Wetland Impact 0.022 2i. Comments: 10 SF (0.00023 acres) of permanent wetland impacts are anticipated from driven piles associated with the proposed boardwalk. Additionally, 973 SF (0.022 ac) of temporary wetland impacts (forested conversion) are proposed as a result of the maintained area beneath the boardwalk. 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: LANDSCAPE/TREE PROTECTION MEASURES 1. The soils within the critical root zones of existing trees to remain will not be driven on or otherwise disturbed during the installation of landscaping. 2. Prior to any land -disturbing activity on site, the land use administrator will certify in writing, based on an onsite inspection, that all tree protection measures required by the tree protection plan have been put in place properly and accurately GRADING AND STORM DRAINAGE 1. The stormwater management system has been designed to provide detention storage sufficient to reduce peak flows to pre -development levels during all storm events up through the 100-year, 24-hour storm event for all points where stormwater leave the property SEEDBED PREPARATION 1. Inspect all seeded areas and make necessary repairs or reseedings within the planting season, if possible. If stand is over 60 % damaged, reestablish following original lime, fertilizer, and seeding rates 2. Consult conservation inspector on maintenance treatment and fertilization after permanent cover is established SEDIMENT BASIN REMOVAL SEQUENCE 1. Once contributing drainage area is stabilized and approval of NCDEQ has been obtained, the sediment basin will be removed DAM CONSTRUCTION SPECIFICATIONS 1. Surface water and stream flow shall be continuously controlled throughout construction and the placement of controlled fill 2. Treatment of seepage areas, subgrade preparation, foundation dewatering, and rock foundation preparation may be required at the discretion of the geotechnical engineer. All such activities will be closely monitored and documented by the geotechnical engineer. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: LANDSCAPE/TREE PROTECTION CONSTRUCTION 1. Prior to any land -disturbing activity on -site, tree protection fencing will be installed per approved plans 2. All demolition and construction activities outside the limits of tree protection fencing will be performed without the use of heavy equipment 3. All trees to remain within the limits of disturbance or near roads should be further protected by wrapping trunks with sections of snow fence or boards wired together from the ground to 6 feet above ground, in accordance with section 15-316 of the Town of Carborro LUO. 4. All utilities will be installed outside of tree protection areas to avoid damage to tree roots GRADING AND STORM DRAINAGE 1. All sidewalks to be constructed such that the longitudinal slope does not exceed 5 % and the cross -slope does not exceed 2 % - if there are any discrepancies, notify the engineer 2. 7 and/o 14-day ground stabilization required through seeding with matting or hydroseeding. 3. Temporary silt fence 4. Temporary stockpile areas 5. Temporrary riser basins 6. Permanent diversion ditch 7. Riprap apron SEDIMENT BASIN REMOVAL SEQUENCE 1. If there is any standing water within the sediment basin, pump and direct water through a dewatering sock. 2. Remove the coir fiber baffles, skimmer device PVC piping, any poly liner or matting, riprap aprons and remaining diversion ditches 3. Breach dam and use dam material and temporary stockpiled soil to fill in the sediment basin in compacted lifts. Fine grade basin area. 4. Smooth, rake and permanently seed resulting disturbed areas immediately. DAM CONSTRUCTION SPECIFICATIONS 1. Controlled fill will be placed in 6 inch loose layers, and will compacted to a density of no less than 95 % standard proctor max density at a moisture of + or - 2 % of the optimum moisture content in accordance with ASTM D698 2. All visible roots and debris will be removed from fill material prior to compaction. Soils with organic matter content exceeding 5 % by weight will not be used. Stones greater than 3 inches in any direction, will be removed. 3. Any fill layer that is smooth drum rolled to reduce moisture penetration during a storm event will be properly scarified prior to the placement of the next soil lift. 4. Fill adjacent to the outlet structure and principal spillway pipe will be placed so that lifts are at the same level on both sides of the structure 5. Earthwork compaction within 3 feet of any structure will be accomplished by means of hand tampers, manually directed power tampers, plate compactors, or miniature self-propelled rollers 6. Compaction by means of drop weights from a crane or hoist will not be permitted 7. A cutoff trench (key trench) meeting dam construction specifications will be incorporated, with a minimum width of four feet and centered on the centerline of the dam. 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: Minimal permanent impacts are anticipated. All impacts are below the mitigation threshold. 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 INC Riparian Buffer Protection Rules? Yes No If no, explain why: The Site does not lie within a critical watershed area. None of the receiving water bodies are impaired. 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 N/A - project disturbs < 1 acre 3. Stormwater Requirements No 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management Plan Antidegradation Calculations Comments: Two (2) Stormwater Wetlands SCM #1 and SCM #2 and One (1) Permeable Pavement System SCM #3. Please see attached SCM/ O&M. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. The extent of construction is complete with the proposed plan. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes No N/A 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 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? IPaC. See attached. F&R's field observations did not identify obvious suitable habitat for the identified 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? NC NHP review. See attached. 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? NC SHPO and Archeological Survey. See attached. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8c. What source(s) did you use to make the floodplain determination? * A copy of FEMA FIRM panels 3710986000K and 3710976900K are included and confirm the existence of a regulatory flood plain associated with Hogan Lake/Bolin Creek in the southern section of the property. 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 Combined Attachments.pdf 31.36MB F.3a 2023-11-06 SW Analysis-JC.pdf 32.6MB 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 INC 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: Erin Binkley Signature i Date 12/7/2023