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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