20240132 Ver 1_ePCN Application_20240118

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# *
20240132
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:
MJM 104 Green Park Lane
la. Who is the Primary Contact?*
Rick Toone
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1 /18/2024
Nearest Body of Water
Long Branch (Lake Lochmere)
Basin
Neuse
Water Classification
WS-III;NSW
Site Coordinates
Latitude: Longitude:
35.736604-78.764488
A. Processing Information -
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No

1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
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
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:
Anuj Mittal & Vinita Mittal
2b. Deed book and page no.:
Deed Book: 015481; Deed Page: 01899
2c. Contact Person:
2d.Address
Street Address
104 Green Park Lane
Address Line 2
city
Cary
Postal / Zip Code
27518
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. 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:
Cary, NC
2. Project Identification
2a. Property Identification Number:
0762939028
2c. Project Address
Street Address
104 Green Park Lane
Address Line 2
city
Cary
Postal / Zip Code
27518
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Long Branch (Lake Lochmere)
3b. Water Resources Classification of nearest receiving water:
WS-III;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.
030202011001
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
0.181
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 site is the location of an existing single family home and associated infrastructure. A Town of Cary existing sewer easement is located along the rear of the parcel.
a
General land use in the vicinity of the proposed project is residential.

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:
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project consists of the stabilization of 289 If of shoreline of Lake Lochmere along the project site.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The lake shore along 104 Green Park Lane is experiencing significant erosion. Shoreline erosion has resulted in a continuous loss of lake shore along the residential property. This erosion
became more evident following the passing of remnants of hurricanes and other storm events in recent years and has accelerated loss of property.
The applicant proposes to stabilize the shoreline by placing fieldstone boulders along the shoreline, which will be underlain with geotextile fabrics and #57 stone. Additionally, the area
landward of the boulder wall will be graded to reduce the slope to the boulder wall to prevent upland runoff from eroding around and undercutting the boulders.
The proposed activities will occur along the lake shore for approximately 289 linear feet. There is no substantial woody vegetation growing within the project area due to the existing sewer
easement along the rear of the parcel which has been maintained mowed lawn and mulched areas. The proposed activities will not result in the removal of trees within the riparian buffer.
All existing trees have been surveyed and are shown on impact maps. Additionally, there are no wetlands or streams present within the project area. The attached Photo Documentation
provides documentation of the existing conditions within the project area.
Heavy equipment will be used to move boulders to the lake shore. Equipment appropriate to grade the site behind the boulders will be utilized for this purpose
Proposed permanent open water impacts of 0.006 ac (258 so are necessary for stabilization of the lake shore due to significant erosion. The proposed shoreline stabilization includes the
use of boulders underlain with geotextile fabric. Various methods of stabilization have been explored but boulders are the preferred material due to relative ease of construction, reduced
impacts, long term stability/protection and cost.
Permanent buffer impacts within Zone 1 are required to install shoreline stabilization (622 so. Temporary buffer impacts are proposed for construction access and grading of the areas
landward of the wall totaling 10,320 sf (Zone 1: 7,871 sf; Zone 2: 2,449 sq. These impacts were assessed as temporary because the graded areas will be revegetated with lawn grass
which will match the existing conditions and will continue to be mowed regularly. Please note that the majority of the buffer impacts will occur within an existing, maintained Town of Cary
sewer easement and cannot be planted with trees/wood shrubs. Shoreline stabilization is an activity "Allowable Upon Authorization" in the Neuse Buffer Rules.
An existing and failing dock located on the property will be replaced within the same footprint. No additional new impacts are proposed for the dock replacement. Similarly, an existing
gravel swale will be replaced within the same footprint. No stream impacts and no wetland impacts are proposed for the project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
No
Comments:
WR concedes Lake Lochmere (Long Branch) is jurisdictional to both USACE and NCDWR. We are
not requesting a jurisdictional determination.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
0 Unknown
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
4. Open Water Impacts

4a. Site #
4a1. Impact Reason
4b. Impact type :114c.
Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
OW1
Shoreline Stabilization
P
Lake Lochmere (Long Branch)
Stabilization
Lake
0.01
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.01
4h. Comments:
The OW impact totals 0.006 acres. The PCN will not allow this many decimal places.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
4g. Total permanent open water impacts:
0.01
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
11
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Shoreline Stabilization
P
Lake Lochmere
No
622
0
Construction Access
T
Lake Lochmere
No
7,871
2,449
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 7,871.00 2,449.00
Zone 1
Zone 2
Total Permanent impacts: 622.00
0.00
Zone 1
Zone 2
Total combined buffer impacts: 8,493.00
2,449.00
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:
Proposed impacts for the shoreline stabilization are necessary to protect the residential property and existing home and prevent further loss of lake
shore/property and therefore are unavoidable. Without corrective actions to prevent further erosion, the existing residential property is at risk of further
loss of property/shoreline, as well as polluting Lake Lochmere with eroded sediment. The methods chosen to stabilize the lake shore are designed to
resist wave action and minimize impacts.
Nauss buffers cover a large portion of the property and must be traversed in order to install shoreline stabilization. Permanent impacts within Zone 1
near the shoreline are unavoidable as installing the boulders from the water side is not feasible. All other buffer impacts will be temporary and cannot be
avoided to access the lake shore during construction. Please note that the majority of the proposed buffer impacts will occur within an existing,
maintained Town of Cary sewer easement.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Access during construction will occur from uplands but within the buffers. Additionally, sediment and erosion control measures will be installed prior to
construction. Lastly, the disturbed areas within the buffer will be graded and planted with lawn grass which will mimic the existing conditions and the area
will continue to be mowed regularly.
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:
The proposed project will result in 0.006 acres of permanent open water impacts. These impacts do not require mitigation; therefore, the applicant does not propose mitigation.
Additionally, the proposed activities will eliminate the current erosion issues, thereby eliminating sediment input into Lake Lochmere and improving the overall water quality.
O
Buffer impacts for shoreline stabilization are activities "Allowable Upon Authorization" and therefore do not require buffer mitigation

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
Comments:
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.
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
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?
On 1/10/2024, WR reviewed the USFWS IPAC data, located at: https://ecos.fws.gov/ipac/, to identify the federally listed species and critical habitat
known to occur within the vicinity of the project. The IPaC identified that Tricolored Bat, RCW, Neuse River waterdog, Carolina madtom, Atlantic Pigtoe,
Dwarf Wedgemussel, Yellow Lance and Michaux's Sumac have ranges that extend into the project area. The IPaC specified that there are no critical
habitats within the project area. The IPaC species list has been provided as an attachment to this application.
WR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/, as well as NCNHP GIS data to identify if there
were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any recent
occurrences of federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached
NCNHP project review letter dated 1/10/2024.
Site reviews did not identify potential habitat for any of the listed species
The project site is sparsely wooded with hardwood trees, not suitable habitat for RCW. The project site is a mowed and maintained residential yard with
a portion of the space containing an active sewer easement. Site reviews did not identify Michaux's Sumac.
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 areas with trees and structures are considered potential habitat due to the presence of mature trees however the site is sparsely wooded.
Targeted surveys for tricolored bat have not been conducted. There are no known maternity roosts within 0.25 miles of the review area. No culverts are
known to exist on the site. Therefore, WR concludes that the proposed activities are not likely to adversely affect the Tricolored Bat.
The proposed project is located in a drainage area within Lake Lochmere with numerous other smaller impoundments located upstream of the lake.
These impoundments and the lakes dam would prevent migration of the listed aquatic species to sustain viable populations Additionally, the lake within
the project area is not considered appropriate habitat for Neuse River Waterdog, Carolina Madtom, Atlantic Pigtoe, Dwarf Wedgemussel, and Yellow
Lance. Therefore, WR concludes that the proposed project will not adversely affect federally listed species or their designated critical habitat.
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 Wake 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
8b. If yes, explain how project meets FEMA requirements:
A no -rise flood study was conducted for the project.
8c. What source(s) did you use to make the floodplain determination?
FEMA flood maps.
Miscellaneous O
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.pdf 14.71 MB
File must be PDF or KMZ
Comments
Please see included Cover Letter and Attachments.
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.

• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Rick Trone
Signature
AW AW
Date
1/18/2024