20240221 Ver 1_ePCN Application_20240201

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# *
20240221
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]
Joseph Myers:joseph.myers
Information for Initial Review
1a. Name of project:
Greenhawk-Vinci Tract
1a. Who is the Primary Contact?*
Rick Toone
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/1 /2024
Nearest Body of Water
Buckhorn Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.584853-78.863739
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:
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
fig. 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:
GHD-Vinci, LLC
2b. Deed book and page no.:
019526/01755
2c. Contact Person:
Jeremy Medlin
2d.Address
Street Address
1330 Sunday Drive
Address Line 2
City State / Province / Region
Raleigh NC
Postal/Zip Code Country
27607 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:
Fuquay-Varina
2. Project Identification
2a. Property Identification Number:
0646087028
2c. Project Address
Street Address
6524 Burt Road
Address Line 2
City
Fuquay Varina
Postal / Zip Code
27526
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Buckhorn Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040103
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
State / Province / Region
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 currently vacant and consists of fields and wooded areas. General land use in the vicinity of the 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
a

4f. List the total estimated acreage of all existing wetlands on the property:
2.18
4g. List the total estimated linear feet of all existing streams on the property:
3,099
4h. Explain the purpose of the proposed project:"
The purpose of the proposed project is to construct a single-family detached residential subdivision to meet the existing and growing demand for residential housing in Wake County
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project consists of the following:
46 single family home lots
• Construction of infrastructure (roads, greenways, open space, utilities, stormwater management, etc.)
Breaching the dam of Pond 2 to permanently drain it.
The proposed design will result in one stream crossing. Dublin Creek Drive will cross Stream 2 perpendicularly with a 154'x72" culvert. This crossing is necessary to tie into the existing
Dublin Creek Drive stub in the adjacent development. A riprap dissipator will be constructed below the culvert to dissipate flow velocity to prevent erosion and sedimentation of the stream
The proposed road will tie into an existing stub road on the opposite side of Stream 2.
The proposed impacts consist of:
• 216 If (0.041 acres) of permanent functional loss stream impacts
• 26 If (0.003 acres) of temporary stream impacts
0.087 acres of permanent wetland impacts
All proposed impacts are necessary for the installation of the Dublin Creek Drive crossing over Stream 2 (perennial). The proposed Dublin Creek drive crossing is necessary to provide one
of the two entrances to the site. The other road entrance, Meadow Walk Drive will tie into an existing stub road to the south. Dublin Creek Drive has been designed to cross Stream 2
perpendicularly using a 154'x72" culvert. The culvert will be buried 12" below the stream bed. 216 linear feet of permanent stream impacts (Impacts S2 & S3) with functional loss are
proposed for the crossing. Impact S2 is for the culvert and Impact S3 is to realign 14 linear feet of stream channel to align with the proposed culvert and downstream channel. Additionally,
0.087 acres of permanent wetland impacts (Impacts W1 & W2) are proposed at this crossing. The proposed crossing features DOT standard headwalls. A riprap dissipator will be installed
below the culvert to prevent erosion and sedimentation of downstream waters. 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.
The proposed activities also include breaching the dam of Pond 2 to permanently drain it. All breaching activities and sediment & erosion control measures will be contained within the
footprint of the dam and no wetland, stream or open water impacts are necessary for breaching Pond 2.
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. 26 linear feet of temporary stream impacts (Impacts S1 & S4)) are proposed for construction of the crossing.
Upon completion of construction, all temporarily impacted streams will be restored to pre -construction contours and the banks will be stabilized using a biodegradable matting and seeded
with a riparian seed mix. No matting will be placed on the stream beds.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes
No
Comments:
WR submitted a Preliminary Jurisdictional Determination Request on 10/23/2023.
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-2023-02089
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alyssa Ricci
Agency/Consultant Company: WithersRavenel
Other:
6. Future Project Plans
O 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

2. Wetland Impacts
W1
Reason (?)
r
Road Crossing
2b. Impact type* (?)
P
�2c. Type of W.
Unknown
2d. W. name
Wetland G
2e. Forested"
Yes
2f. Type of Jurisdicition *
?)
Both
2g• Impact
area
0.067
(acres)
F771Road
Crossing
t
Unknown 71
Wetland F
Yes
Both
0.020
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.087
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.087
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
Construction Access
Temporary
Other
Stream 2
Perennial
Both
22
Average (feet)
(linear feet)
S2
Road Crossing
Permanent
Culvert
Stream 2
Perennial
Both
6
202
Average (feet)
(linear feet)
S3
Stream Realignment
Permanent
Relocation
Stream 2
Perennial
Both
8
14
Aveage (feet)
(linear feet)
S4
Construction Access
Temporary
Other
Stream 2
Perennial
Both
Average (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
216
3i. Total stream and ditch impacts:
242
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
26
la. 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 subdivision and infrastructure have been minimized to only those necessary for construction of one
road crossing to access developable uplands within the site and tie into an existing stub road. There are no impacts proposed for construction lots,
utilities, stormwater management, or greenways. The road crossing has been designed to cross wetlands and stream perpendicularly at the narrowest
points to minimize impacts.
Impacts to Stream 2 are unavoidable because of the need to tie into an existing stub road to the east for a second road entrance to the site. An existing
pond, streams, and wetlands cross the entire eastern side of the site therefore avoiding impacts entirely was not feasible. The proposed Dublin Creek
Drive crossing was designed to cross partially within a gap between Wetlands G and F to avoid impacts. The confluence of Streams 1 and 2 are located
in this area, however the crossing was designed to avoid this area to minimize impacts while still lining up with the stub road. A riprap dissipator will be
constructed at the proposed crossing such that the riprap will be installed by burying to match the pre -construction contours of the natural stream bed,
allowing for the passage of aquatic life, and preventing a loss of function. DOT standard headwalls are proposed at the crossing to reduce fill slope
helping to minimize stream impacts.
Upon completion of construction, all temporarily impacted streams will be restored to pre -construction conditions and grades, and temporarily stabilized
with biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream bed.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Access during construction will occur within uplands. Additionally, sediment and erosion control measures will be installed prior to construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
0
u

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
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)
432
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
See attached NCDMS Letter of Acceptance
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
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
If no, explain why:
The project is located in the Cape Fear River Basin (outside Jordan Lake watershed) and therefore is not subject to state -regulated riparian buffers.
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:
Because the project is a low -density development (under 15 % total site impervious) stormwater will be conveyed via roadside ditches that discharge to vegetated conveyances. The
stormwater management plan will be reviewed and approved by Fuquay-Varina as the certified local municipality.
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)
O

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.
Wastewater will be conveyed via collection system to local treatment facility.
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?
WR summitted a request on 1/26/2024 for the official species list generated using USFWS' Information for Planning and Consultation (IPaC), located at
https:/Iecos.fws.gov/ipac/. This species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated
critical habitat, that may occur within the boundary of the project and may be affected by the project. The IPaC list specified that there are four species;
Red -cockaded Woodpecker (endangered), Cape Fear Shiner (endangered), Michaux's Sumac (endangered), and Tricolored Bat (proposed endangered)
that may be within the project area or affected by the project.
WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://nenhde.natureserve.org/, to identify
known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The NCNHP project review did not identify
any known occurrences of federally listed species within the review area or within 1.0 miles, as documented in the attached letter from NCNHP dated
1/26/2024.
In April 2023, WR conducted a pedestrian survey to identify potential habitat for, or occurrences of federally listed species within or immediately adjacent
to the review area.
The USFWS identifies the Critical Habitat Designation for the Cape Fear Shiner as being ±4.1 miles of the Rocky River from NC Hwy 902 bridge
downstream to Chatham County Road 1010 Bridge, and ±0.5 river miles of Bear Creek, from Chatham County Road 2156 Bridge downstream to the
Rocky River, then downstream in the Rocky River (±4.2 river miles) to the Deep River, the downstream in the Deep River (±2.6 river miles) to a point 0.3
river miles below the Moncure, NC, USGS Geological Survey Gauging Station. Constituent elements include clean streams with gravel, cobble and
boulder substrates with pools, riffles, shallow runs and slack water areas with large outcrops and side channels and pools with water of good quality with
relatively low silt loads
The location of the proposed road crossing in Stream 2 is not appropriate habitat for the Cape Fear Shiner. The crossing location is immediately below
an existing pond. Stream 2 in this location is a shallow perennial stream. Additionally, the project site is not located within or near the known locations or
critical habitat for the Cape Fear Shiner.
The review area does not contain occurrences of, or potential habitat for the RCW and Cape Fear Shiner and the proposed activities will have no effect
on these species.
Targeted surveys for Tricolored Bat have not been conducted. 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. Based on the review of the NCNHP GIS data
there are no known occurrences of the Tricolored Bat within 1.0 miles of the review area. The onsite forested areas are considered potential habitat due
to the presence of mature trees. There are no known maternity roosts within 0.25 miles of the review area, as well as no known occurrences within 1.0
miles. Therefore, WR concludes that the proposed activities are not likely to adversely affect the Tricolored Bat.
Potential habitat for the Northern long-eared bat (NLEB) is listed as mature forest with trees over 3" dbh, which is used for roosting during the day. The
proposed project area contains forested areas with trees over 3" DBH, and therefore is considered potential Northern long-eared Bat habitat. The
proposed project is located outside of a red HUC and there is no pile driving, blasting or percussive activities proposed. Therefore, WR concludes that
the project "may affect, but is not likely to adversely affect" the Northern long-eared Bat
Michaux's Sumac is found growing in sandy, loamy swales and depressions, acidic and circumneutral uplands, and rocky open woods. It grows best in
disturbed areas. It is found along roadsides, powerline clearings, and forests with open canopies. Habitat for Michaux's Sumac exists on the project site
within an existing powerline clearing and along field and roadsides. Pedestrian surveys did not result in any findings of Michaux's Sumac. Therefore, WR
concludes the project is not likely to adversely affect Michaux's Sumac.
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 the
proposed project. The SHPO online database identifies the Burt Farm (Site ID WA0538) which is located immediately to the west of the proposed project
site. The proposed project does not propose or anticipate any impacts to the Burt Farm property.
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
U
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 9.61MB
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 T"A,t
Date
2/1/2024
U