20240052 Ver 1_ePCN Application_20240102

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# *
20240052
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - [phone]
Zachary Thomas:zachary.thomas
Information for Initial Review
la. Name of project:
Gaines Co Relocation
la. Who is the Primary Contact?*
Rick Toone
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1 /2/2024
Nearest Body of Water
Turkey Creek
Basin
Neuse
Water Classification
C;NSW
Site Coordinates
Latitude: Longitude:
35.875764-78.224824
A. Processing Information -
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Franklin
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:
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
39 - Commercial/Institutional 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. Name(s) on recorded deed:
Tant Road Shooting Club LLC
2b. Deed book and page no.:
2344/1235
2c. Contact Person:
Rhonda Stephens and Joseph E. Williams
2d.Address
Street Address
375 Pilot Riley Road
Address Line 2
city State / Province / Region
Zebulon NC
Postal / Zip Code Country
27597 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
William Lee Gaines
3b. Business Name:
Gaines and Company
3c.Address
Street Address
526 Three Sisters Road
Address Line 2
City
Knightdale
Postal / Zip Code
27545
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Rick Trone
4b. Business Name:
WithersRavenel
4c.Address
Street Address
115 MacKenan Drive
Address Line 2
City
Cary
Postal / Zip Code
27511
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:
Spring Hope, NC
2. Project Identification
2a. Property Identification Number:
2727-94-5355
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
±34.35

2c. Project Address
Street Address
1357 Tant Road
Address Line 2
City
Spring Hope
Postal / Zip Code
27882
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Turkey Creek
3b. Water Resources Classification of nearest receiving water:
C;NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202030103
4. Project Description and History
State / Province / Region
NC
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: *
The project site is vacant and wooded. General land use in the vicinity of the site is residential. The site is bordered to the north by Interstate 64.
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:
1.81
4g. List the total estimated linear feet of all existing streams on the property:
2,575
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is for the applicant to construct and develop the site as their company headquarters to provide both office space and equipment storage yard to
support the applicant's growing site development contractor business. The applicant's current headquarters is located in Knightdale and is severely undersized for their current operations
and anticipated growth, which means no opportunity for expansion at the existing location. Therefore, the applicant is relocating their operation to a larger site to better accommodate their
rapidly growing business.
Access to the proposed project will be provided by connecting an access road/driveway to existing Tant Road which will require one crossing of Stream 1 (intermittent) buffers and a small
area of Wetland A for roadway grading.
A proposed road crossing for the driveway will be constructed with a traditional culvert and riprap dissipator across Stream 2 (perennial) to access developable uplands in the western
portion of the site. Stream 2 is not subject to the Neuse buffer rules; therefore, no buffer impacts are shown on the attached impact plans.
There are no proposed impacts for construction of utilities, stormwater treatment, buildings, storage yard, or parking areas.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed stream, buffer, and wetland impacts are necessary for construction of an access road to the site from existing Tant Road to the east and an internal road crossing of Stream
2 to reach developable uplands in the western portion of the site.
Permanent wetland and buffer impacts are necessary for construction of the access road/driveway from existing Tent Road. Site constraints dictated where the site access road meets Tant
Road resulting in the location of the proposed road. The proposed location for the driveway entrance is between an existing residential property and Wetland A resulting in impacts to
buffers and the wetland. The proposed permanent wetland impacts total 0.0221 acres and are necessary for the installation of the access road. Stream 1 buffer impacts for the proposed
access road total 7,315 sf (Zone 1: 3,695 sf; Zone 2: 3,620 sf). Proposed buffer impacts for grading and road construction parallel Stream 1 resulting in impacts other than perpendicular
crossings of streams.
Proposed permanent stream impacts with functional loss total 0.007 acres (73 If) and are necessary for the installation of a driveway crossing over Stream 2 (perennial). The proposed
crossing is necessary to access the developable uplands in the western portion of the site. The access road has been designed to cross Stream 2 perpendicularly using a 55'x42" RCP
culvert. The culvert will be buried 8.4" below the stream bed to allow for aquatic life passage. A riprap dissipator will be installed below the culvert to prevent erosion and sedimentation of
downstream waters which will result in 0.0021 acres (26 If) of permanent stream impacts with no functional loss. The riprap will be installed by burying the riprap such that the top of the
riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of stream channel. No buffer impacts are
proposed because Stream 2 is not subject to the Neuse buffer rules.
During construction of the culverted road crossing, work will be completed "in the dry" by constructing temporary coffer dams upstream and downstream of the culverts within the impact
areas and pumping flow around the construction area. 0.0024 acres (28 If) of temporary stream impacts are proposed for construction of the crossing and dewatering activities.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
Comments:
No
O Unknown

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-2023-00861
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alyssa Ricci
Agency/Consultant Company: WithersRavenel
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
WithersRavenel (WR) conducted a delineation of the wetlands and streams on January 24, 2023.
The USACE issued Preliminary Jurisdictional Determination for the project site on October 30, 2023 (SAW-2023-00861). A copy of the USACE JD has been provided as an attachment.
A buffer determination was not requested from NCDWR because WR concedes that Stream 1 is subject to buffers throughout the project site. Stream 2 is no depicted on either the NRCS
Soil Survey or the most -recent USGS topographical map and therefore is not subject to the Neuse Buffe Rules.
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
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
0
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
(?)
2g. Impact
area
W1
7777]
Road Crossing
P
Unknown 7Wetland
A
Yes
Both ]0.022
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.022
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.022
3a. Reason for impact (?)
3b.lmpact type
3c. Type of impact*
3d. S. name`
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
(?)
Jurisdiction*
length*
S1
Construction Access
Temporary
Other
Stream 2
Perennial
Both
28
Average (feet)
(linear feet)
gy
Road Crossing
Permanent
Culvert
Stream 2
Perennial
Both
73
Average (feet)
Qinear feet)
S3
Rip Rap Dissipator
Permanent
Rip Rap Fill
Stream 2
Perennial
Both
26
�_]
Aveage (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
99
31. Total temporary stream impacts:
28

3i. Total stream and ditch impacts:
127
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
131: Road impact other than perpendicular
crossing of a stream and other surface waters
P
Stream 1
Yes
L695
3,620
6h. Total buffer impacts:
...... .... ....
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 3,695.00 3,620.00
Zone 1 Zone 2
Total combined buffer impacts: 3,695.00 3,620.00
6i. Comments:
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:
Prior to site plan design, the applicant requested that a detailed delineation be conducted so that impacts to wetlands and "waters" could be minimized.
Proposed permanent impacts for construction of the site have been minimized to only those necessary for construction of one road crossing to access
developable uplands within the site and the connection of the access road to existing road infrastructure.
The location of the access road from the east is due to site constraints. Other locations for the road connection were evaluated but due to limited
frontage and NCDOT access control limits another location was not feasible. Access from the south of the site is not possible as this would result in
having to construct a road through properties not owned by the applicant and would require additional impacts. Accessing the site from just north of the
proposed crossing is not possible for the same reason. Accessing the site from the northeastern corner is not possible due to NCDOT requirements not
allowing the entrance road to the site to be so near the Highway 64 exit ramp. The area between the highway ramp and the existing residential property
is considered "limited access' and would require lengthy NCDOT approval to construct a site entrance in this location. Due to the required location of the
connection to Tant Road, impacts are unavoidable. The proposed entrance road was designed to avoid stream impacts.
The proposed road crossing over Stream 2 is designed to cross the stream perpendicularly to minimize impacts. The riprap dissipator below the Stream
2 road crossing will be constructed such that the riprap will be installed by burying the riprap such that the top of the riprap matches the pre -construction
contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of stream channel. Additionally, headwalls
have been designed at the stream crossing to stabilize road fill and further minimize impacts. Because Stream 2 bisects the site, it was not possible to
avoid impacting the stream.
The site was designed around jurisdictional features and there are no impacts proposed for stormwater, utilities, parking, or buildings.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Upon completion of construction, all temporarily impacted stream channels will be restored to pre -construction conditions and grades. No matting will be
placed on the stream bed. Access during construction will occur within uplands. Additionally, sediment and erosion control measures will be installed
prior to construction. Standard commercial construction equipment and techniques will be used to construct the proposed project and access will come
from upland areas.
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
Q
u

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
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
16,515
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
Ga. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
6b. If yes, then identify the square feet of impact.
6c. Reason for impact
6d. Total impact (square
Multiplier
6e. Required mitigation
feet)
(square feet)
Zone 1
Road impact other than perpendicular crossing of a
175
L
[1,085
stream and other surface waters
Zone 2 Road impact other than perpendicular crossing of a 3,620 1.5 5,430
stream and other surface waters
6f. Total buffer mitigation required
16515
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
See attached letter of acceptance from NCDMS.
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
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
The stormwater management plan consists of a single wet pond to serve the sites stormwater needs. The stormwater management plan will be reviewed and approved by the DEQ.
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
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.
Project will not result in additional development that could impact nearby downstream water quality.
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.
An onsite waste treatment septic system is proposed to handle the sites wastewater needs. Suitable soils for the system have been located in the
western portion of the site.
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
5L 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?
On 12/6/2023 WR generated an official species list using USFWS' Information for Planning and Consultation (IPaC), located at
https:/Iipac.ecosphere.fws.gov/ which is attached. The IPaC Species List identified Tricolored Bat (proposed endangered), Neuse River Waterdog
(threatened), Carolina Madtom (endangered), Atlantic Pigtoe (Threatened), and Michaux's Sumac (Endangered) as potentially occurring within the
vicinity of the project. The IPaC did not identify any critical habitat within the proposed project.
WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify
known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The 12/6/2023 NCNHP Project Review Letter
listed the Tricolored Bat potentially occurring within the project. On 12/7/2023, WR contacted the NCNHP to obtain more information about the Tricolored
Bat observation noted in the NCNHP report. According to NCNHP, multiple tricolored bats were observed by a licensed bat biologist on 1/25/2020 in a
culvert for Turkey Creek that crosses under US 64. The western tip of the project site is approximately 250' from the Turkey Creek culvert. The project
Limits of Disturbance (LOD) stop approximately 40' from the parcel boundary. The project does not propose any impacts in the western portion of the
project apart from a small area of possible tree clearing required for a septic field and no impacts are proposed near or at the culvert where the bats
were observed.
The USFWS proposed to list the tricolored bat as an endangered species under the Endangered Species Act on September 13, 2022, largely because
of white -nose syndrome, a disease that affects cave -dwelling bats and is decimating hibernating bat species. There has been no critical habitat
designated for the tricolored bat at this time.
The onsite forested areas are considered potential habitat due to the presence of mature trees. Targeted surveys for tricolored bat have not been
conducted. There are no known maternity roosts within 0.25 miles of the review area. No impacts are proposed in the western portion of the site near the
culvert where Tricolored Bats were confirmed. Therefore, WR concludes that the proposed activities are not likely to adversely affect the tricolored bat.
Pedestrian surveys completed during the USFWS optimal survey windows did not identify any occurrences of federally listed threatened or endangered
species, or species proposal for listing under the ESA. Marginal habitat for Michaux's Sumac was determined to exist in the eastern portion of the review
area in the road right of way, however, surveys were negative for Michaux's sumac. The onsite streams are small (±4'), shallow (>12") streams which
were not considered potential habitat for Atlantic pigtoe, Carolina madtom or Neuse River waterdog. Additionally, the required sediment and erosion
control measures installed prior to development of the project will prevent sedimentation of downstream waters where habitat for these species may
exist.
Therefore, WR concludes the proposed project will not adversely affect federally listed threatened or endangered 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?
There are no waters classified as EFH in Franklin County.
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? *
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known
historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the
vicinity of the proposed project.
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?
FEMA flood maps.
Miscellaneous
101
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
Cover Letter and Attachments Final_2024-01-02.pdf 17.11 MB
File must be PDF or KMZ
Comments
Please see included Cover Letter and Attachments.
Signature U
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:
Rick Trone
Signature
f
Date
1/2/2024