HomeMy WebLinkAbout20240101 Ver 1_ePCN Application_20240115DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
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# *
20240101
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 - (919) 791-4200
Zachary Thomas:zachary.thomas
Information for Initial Review
la. Name of project:
Grove 98 NEQ
1a. Who is the Primary Contact? *
Deborah Shirley
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
dshirley@sandec.com (919)846-5900
Date Submitted
1 /15/2024
Nearest Body of Water
Richland Creek
Basin
Nauss
Water Classification
WS-IV;NSW
Site Coordinates
Latitude: Longitude:
35.967250-78.529184
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
O
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. Name(s) on recorded deed:
Alliance Group of NC, LLC
2b. Deed book and page no.:
DB:019249, DP:01219
2c. Contact Person:
Jacob Anderson
2d.Address
Street Address
7208 Falls of Neuse Road
Address Line 2
Suite 101
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27615
USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(919)239-9486
2g. Email Address:*
Jacob@alliancegroupnc.com
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, Inc.
4c.Address
Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 104
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27615
USA
4d. Telephone Number: 4e. Fax Number:
(919)846-5900 (919)846-9467
4f. Email Address:*
dshirley@sandec.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
Wake Forest
2. Project Identification
2a. Property Identification Number:
1830-97-2389
2c. Project Address
Street Address
0 Dr Calvin Jones Hwy
Address Line 2
city
Wake Forest
Postal / Zip Code
27587
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Richland Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV;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.
030202010701
4. Project Description and History
2b. Property size:
10.0843
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: *
Existing conditions consist of one parcel that is primarily wooded. There is one stream (A), and two wetlands (W1 & LW1) within the project boundary. This property is bound by Highway
98 to the south. General land use in the vicinity consists of residential and commercial development.
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:
Approximately 0.671 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 651 linear feet
4h. Explain the purpose of the proposed project:*
The purpose of the project project is to construct a residential development and the necessary infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The overall project consists of a multi -family residential development and the construction of roadway infrastructure, condominium units, mailbox kiosks, greenway trails, open spaces and
stormwater control measures (SCM). Specifically, there are stream, riparian buffer and wetland impacts associated a with road crossing, utility connections and a greenway. Note that there
will be two sanitary sewer lines abandoned and one new line constructed. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders,
pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2020-01411
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Josh Harvey
Agency/Consultant Company: Soil & Environmental Consultants, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE - PJD issued on October 7, 2020 by Andy Williams (SAW-2020-01411);
NCDWR - Buffer letter issued on March 6, 2020 by Rick Trone (RRO #20-040).
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries p Buffers
Open Waters Pond Construction
2. Wetland Impacts
O
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
?)
2g• Impact
area *
Area 1
ad Crossing -Culvert
Bottomland Hardwood Forest
W1
Yes
Both
0.119
& ls
��P
)
Area 1
Road Crossing-
T
Bottomland Hardwood Forest
W1
Yes
Both
0.048
Construction Access
(acres)
Area 2
Sanitary Sewer
T
Fttomland Hardwood Forest
W1
Yes
Both
0.052
Connection
(acres)
Area 3
Greenway Crossing-
T
Bottomland Hardwood Forest
W1
Yes
Both
0.007
Construction Access
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.107 0.119
2g. Total Wetland Impact
0.226
2i. Comments:
Total permanent loss wetland = 0.119 acres; Total temporary wetlands impacts = 0.107 acres.
Temporary wetland impacts will be brought back to pre -construction contours and the existing adjacent wetland source will assist in the restoration of the
wetland vegetation.
3. Stream Impacts
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*
g1
Area 1-Road Crossing-
Temporary
Other
A
Perennial
Both
15
21
Construction Access
Averege (feet)
(linear feet)
gy
Area 1- Road Culvert -Culvert
Permanent
Culvert
A
Perennial
Both
15
59
Averege (feet)
(linear feet)
S3
Area 2- Sanitary Sewer
Temporary
Other
A
Perennial
Both
18
40
Connection
Averege (feet)
(linear feet)
gq
Area 3- Greenway Crossing-
Temporary
Other
G
Perennial
Both
15
Construction Access
Averege (feel)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3L Total permanent stream impacts: 31. Total temporary stream impacts:
59 76
3L Total stream and ditch impacts:
135
3j. Comments:
Total permanent loss stream = 59 LF ( 0.02 acres); Total temporary stream impacts = 76 LF (0.0260acres); Temporary stream impacts will be brought
back to pre -construction stream bed elevations and the stream banks will be stabilized.
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
Area 1- Road Crossing
P
A
No
7,037
6,887
Area 2- Sanitary Sewer Connection
P
A
No
2,293
2,497
Area 3- Greenway Crossing (Boardwalk)
P
G
No
3,941
3,915
Area 3C- SCM grading
P
G
No
0
287
Area 4- Sanitary Sewer Abandonment &
Connection
T
F
No �L69
3,555
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 1,669.00 3,555.00
Zone 1
Zone 2
Total Permanent impacts: 13,271.00
13,586.00
Zone 1
Zone 2
Total combined buffer impacts: 14,940.00
17,141.00
6i. Comments:
Per NCAC 02B .0714(9)(a)(i)-Area 3B SCM outfall deemed allowable
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:
S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts
could be avoided & minimized to the maximum extent practicable. Proposed impacts include one (1) road crossing, one (1) greenway crossing, two (2)
utility connections and one (1) SCM buffer fill area. Impact area 1 is proposed road crossing. Proposed impacts include permanent (i.e. culvert &
headwalls), and temporary (i.e. construction access) stream impacts, permanent (i.e. culvert & headwalls), and temporary (i.e. construction access)
wetland impacts, and associated riparian buffer impacts. This road crossing is necessary to access the property from the west. Stream, wetland and
riparian buffer impacts have been minimized by utilizing head walls and retaining walls at the crossing, and by designing the crossing at a near
perpendicular angle. Wetland mitigation is being proposed at a 2:1 ratio to compensate for these proposed wetland losses. Impact area 2 is a proposed
utility connection to an existing sanitary sewer line/easement. Proposed impacts include temporary wetland impacts and associated riparian buffer
impacts. This utility impact is necessary to provide sanitary sewer to the proposed development. Wetland mitigation is not being proposed because this
is an existing, maintained City of Raleigh 30' wide easement. Impact area 3 is a proposed greenway crossing. Proposed impacts include temporary
wetland and stream impacts and associated riparian buffer impacts. This impact is necessary per the City of Raleigh (COR) UDO Section 6.6.1, which
requires new developments to connect to existing street stubs of adjacent neighborhoods. However, because of the environmental impacts, the COR
allowed a greenway crossing in lieu of a road connection. A boardwalk will be utilized to avoid permanent impacts to the stream and wetland. Impact
area 3B is deemed allowable per NCAC 02B .0714(9)(a)(i). Impact area 3C is proposed SCM grading. Proposed impacts include permanent Zone 2
riparian buffer impacts. Zone 1 impacts have been avoided. Impact area 4 is a proposed utility connection to an existing sanitary sewer line/easement.
Proposed impacts include riparian buffer impacts. This utility impact is necessary to abandon two existing utility lines and construct a new line to provide
sanitary sewer to the proposed development. Zone 1 impacts are solely for the need to fill the existing sanitary sewer line with concrete, no riparian
buffer impacts will be near the stream. Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks
will be stabilized. Temporary wetland impacts will be brought back to pre -construction contours and allowed to revegetate with the adjacent wetland seed
source.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Per the project engineer - avoidance and minimization measures such as stone construction entrance, sediment skimmer basin, silt fence and silt fence
outlets, diversion ditches and rock check dams, inlet protection, double silt fence around stockpile areas, concrete washout, embankment matting and
dewatering methods are all being utilized through construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Clearwater Neuse 01 Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.24
3c. Comments
S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were five (5) banks listed within the 03020201 HUC that indicated wetland
credits available. All banks were contacted, please see attached Statement of Availability letter.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
Q
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Wake Forest
Comments:
Wet Ponds
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.
NEUSE/PHASE II: 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 Grove 98 NEQ project is a residential development. Additionally, the project is located within the Town of
Wake Forest jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream
waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in
addition Best Management Practices may be required 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; and 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.
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.
Per the project engineer - Non discharge, will connect to existing sanitary sewer that will ultimately connect to a WWTP.
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
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
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on
September 13, 2022. The USFWS has 30 days to respond from the date of the sent request. FWS provided concurrence on November 8, 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 concurrence email from USFWS.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? "
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on July 19, 2023, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries.
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?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
PCN Attachments —Grove 98.pdf 23.51 MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction' subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
8
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Deborah Shirley
Signature
00�00tn.G C54", "IAI
Date
1/15/2024