20240258 Ver 1_ePCN Application_20240209

DWR
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# *
20240258 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Homestead at Bryan Farm
1a. Who is the Primary Contact? *
Deborah Shirley
1b. Primary Contact Email: *
[e-mail]
Date Submitted
2/9/2024
Nearest Body of Water
Mahlers Creek
Basin
Nauss
Water Classification
QNSW
Site Coordinates
Latitude:
35.661630
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
Longitude:
-78.581520
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
O
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: 29 - Residential Developments
Nationwide Permit (NWP) Number: 58 - Utility Line Activities for Water and Other Substances (frequently used)
Nationwide Permit (NWP) Number: 18 - Minor Discharges
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
29-onsite; 18-onsite SW piping; 58-offsite SS improvements; 3-pond drainage.
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
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: Yes No
For the record only for Corps Permit: Yes No
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)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
R A Bryan Farms, LLC / Hagwood, Ben Rodger & Joyce
2b. Deed book and page no.:
DB:018578, DP:02449 / DB:011189, DP:00610
2c. Contact Person:

2d. Address
Street Address
8483 Bryan Rd / 8100 Hebron Church Rd
Address Line 2
City
Garner
Postal / Zip Code
27529
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Tucker Ennis
3b. Business Name:
Lennar Corporation — Raleigh Division
3c.Address
Street Address
1100 Perimeter Park Dr
Address Line 2
Suite 112
city
Morrisville
Postal / Zip Code
27560
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
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
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
0. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Garner, NC
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
a
2. Project Identification

2a. Property Identification Number:
1629568117 & 1629453996
2b. Property size:
+/- 99 Acres
2c. Project Address
Street Address
8110 & 8140 Hebron Church Road
Address Line 2
city
Garner
Postal / Zip Code
27529
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Mahlers Creek
3b. Water Resources Classification of nearest receiving water:'
C;NSW
3c. What river basins) is your project located in?
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011004
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
Existing conditions consist of 2 parcels north of Clifford Road and West of Hebron Church Road. The land is primarily used for agriculture with some wooded areas. There are five streams
(A, B, C, D & E), seven wetlands (W1-W6 & LW1), and two ponds (Pond 1 & 2) within the property boundaries. General land use in the vicinity consists of rural residential, agricultural and
woodedland.
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 1.04 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 1,380 LF
4h. Explain the purpose of the proposed project:
The purpose of this project is to construct single family residential development with 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 and single-family residential development (i.e. 200 townhomes and 100 single family units) and its necessary infrastructure including but not
limited to; residential lots, roadway infrastructure, SCM's, and offsite utilities. Specifically, there are stream, buffer and wetland impacts necessary for offsite utility
improvements/replacement, an open water and associated riparian buffer impacts necessary for a road crossing, and wetland impacts necessary for stormwater piping. Additionally, pond
1 will be drained. 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 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-2023-01323
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
AJ Kamal
Soil & Environmental Consultants, Inc.

5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
ONSITE:
USACE: Updated AJD package sent to Richard Harmon on 1/26/2024, after site visit on 1/24/2024.
NCDWR: Onsite determination with Jim Westcott on 9/5/2023 (DWR Project # 23-250)
OFFSITE:
S&EC completed a delineation, WOTUS not field verified by the USACE. Offsite buffers not contested so a buffer determination was not completed.
..preliminary/approved box checked so that this data box is activated-
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 O
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries to Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason(?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
2g• Impact
area "
Impact Area A2
Sanitary Sewer
P
Bottomland Hardwood Forest
W2 offsite
Yes
Both
0.021
Improvements
(acres)
(Permanent -No
Permanent Loss)
Impact Area C
Sanitary Sewer
P
Bottomland Hardwood Forest
W1 offsite
Yes
Both
0.022
Improvements
(acres)
(Permanent -No
Permanent Loss)
Impact Area D
Stormwater piping
P
Headwater Forest
W4
Yes
Both
0.020
acres)
Impact Area E
Road Crossing
P
Bottomland Hardwood Forest
W6
Yes
Both
0.006
Dissipator Pad
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.069
2g. Total Wetland Impact
0.069
2i. Comments:
Total permanent loss wetland = 0.026 acres; Total permanent -no permanent loss wetland = 0.043 acres. Note that impacts A2 & C are both within an
existing, maintained 30'wide City of Raleigh Sanitary Sewer Easement
3. Stream Impacts
F
S1
3a. Reason for impact (?)
Impact Al -Sanitary Sewer
Improvements (Crossing)
3b.lmpact type*
Temporary
3c. Type of impact*
Other
3d. S. name*
OD
3e. Stream Type*
?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
Ave age (reef)
3h. Impact
length*
34
(linear feet)
S2
ImpactA2-Sanitary Sewer
Improvements (Crossing)
Temporary
Other
OB
Perennial
Both
11
Average (feet)
35
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 69
3i. Total stream and ditch impacts:
69

3j. Comments:
Total temporary stream = 69 LF (0.013 acres); Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream
banks will be stabilized.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type �114e.
Waterbody type
4f. Impact area
ff�ff]
Road Crossing -Culvert
& Fill
P
Pond 1
Fill
Pond
0.30
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.30
4h. Comments:
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:
0.30
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Impact Al -Sanitary Sewer Replacement
P
Stream OD
No
984
1,884
Impact A2-Sanitary Sewer Replacement
Impact B1, B2 & B3-Sanitary Sewer
Replacement
P
P
Stream OB
Stream OD
No
No
3,686
0
646
534
Impact E/ Road crossing
P
Pond 1
Yes
10,380
5,008
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 15,050.00 8,072.00
Zone 1 Zone 2
Total combined buffer impacts: 15,050.00 8,072.00
6i. Comments:
Impacts Al, A2, B1, B2 and B3 are "Allowable Upon Authorization" per NCAC 02B .0714(11)0)(ii)
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. 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 (and offsite utility easement) in order to identify natural
resources so that impacts could be avoided & minimized to the maximum extent practicable. Proposed impacts include five (5) sanitary sewer
improvements, one (1) area of TII for stormwater piping, and one (1) road crossing. Additionally, Pond 1 will be drained. Impact Areas Al, A2, B1, B2, B3
and C are all offsite sanitary sewer improvement/replacement. These impact areas include temporary stream, permanent -no permanent loss wetland
and riparian buffer impacts. These impacts are being required by the City of Raleigh Public Utilities Department (CORPUD) and are necessary to
upgrade the existing sanitary sewer from an 8" line to a 15' line. Impact area D is proposed grading and fill for a stormwater piping. Proposed impacts
include permanent wetland fill. This impact is necessary to capture the stormwater at the back of residential lots and routed to an stormwater control
measure. Impact area E is a proposed road crossing. Proposed impacts include permanent (i.e. culvert & headwalls) open water, permanent wetland
(i.e. riprap dissipator) and associated riparian buffers. This impact is necessary to provide a connection to a road stub to the north. Proposed impacts
have been minimized by utilizing headwalls and retaining walls, and by crossing the pond at a near perpendicular angle. Riparian buffer mitigation is
being proposed because the total buffer impacts exceed 1/3 acre.
O

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Per project engineer, silt fencing will be installed along the low side of the property with silt fence outlets installed in the field at every low point along the
silt fence itself. Sediment basins will be installed during construction with skimmers attached to them that will limit dewatering of the basins between 3
and 5 days. After land disturbance, cover will be established following state rules. Additionally, see Dam Breach Plan for draining Pond 1.
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 options) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
38,652
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
Ga. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
6b. If yes, then identify the square feet of impact.
impact
r��!
6d. Total impact (square
feet)
Multiplier
6e. Required mitigation
(square feet)
Zone 1
Impact Area E-Road Crossing > 1/3 acre 11
10,380
3
31,140
Zone 2
5,008 1.5 7,512
6f. Total buffer mitigation required
38,652
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
See attached Acceptance letter from NCDMS
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
1. Diffuse Flow Plan
1a. 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 NC DOT 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 Garner
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.
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 Homestead at Bryan Farm project is a residential development. Additionally, the project is located within the Town of Garner
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. 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.
Sewer will be connected from the proposed site to an existing sewer manholes onsite and offsite. They all eventually drain to a regional treatment plant
that is owned and operated by the City of Raleigh miles away from this subdivision.
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
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?
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
June 27, 2023. The USFWS provided an email response on November 8, 2023. 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 USFWS email response.
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? *
An Environmental Review request was sent to the State Historic Preservation Office (SHPO) on June 27, 2023. Please reference attached SHPO
Response letter ER-23-1508.
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 -Homestead at Bryan Farm.pdf 55.16MB
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");
• 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

Date
2/9/2024