20240283 Ver 1_ePCN Application_20240214

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# *
20240283 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Kristina Morales: Kristine. Morales
Information for Initial Review
la. Name of project:
COURTESY COPY Meridian Forty54
1a. Who is the Primary Contact? *
Deborah Shirley
1b. Primary Contact Email: *
[e-mail]
Date Submitted
2/14/2024
Nearest Body of Water
Little Creek
Basin
Cape Fear
Water Classification
WS-IV;NSW
Site Coordinates
Latitude:
35.9196
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Durham
Is this a NCDMS Project
Yes No
Longitude:
-78.9867
Reviewing Office*
Raleigh Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
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
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. Name(s) on recorded deed:
HAY W J JR; HAY I D
2b. Deed book and page no.:
DB:000387, DP:000147; DB:000424, DP:000468
2c. Contact Person:
2d.Address
Street Address
5904 HIDEAWAY DRIVE
Address Line 2
city
CHAPEL HILL
Postal / Zip Code
27516
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]
2a. Name(s) on recorded deed:
SOLOMON JEROME M; ZHONG LI WEN
2b. Deed book and page no.:
DB:006365, DP:000327
2c. Contact Person:
2d. Address
Street Address
5502 FARRINGTON RD
Address Line 2
city
CHAPEL HILL
Postal / Zip Code
27517
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
GARRETT BLANCHE H
2b. Deed book and page no.:
DB:006634, DP:000209; DB:006634, DP:000209
2c. Contact Person:
2d.Address
Street Address
5517 CRESCENT DR
Address Line 2
city
CHAPEL HILL
Postal / Zip Code
27517
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
2a. Name(s) on recorded deed:
COOK PAMELA S; COOK JOEL D
2b. Deed book and page no.:
DB:001663, DP:000423
2c. Contact Person:
2d.Address
Street Address
5511 CRESCENT DR
Address Line 2
City
CHAPEL HILL
Postal / Zip Code
27517
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
WRIGHT BEATRICE GERALDINE A
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:

2b. Deed book and page no.:
D13:006956, DP:000447; DB:006956, DP:000447
2c. Contact Person:
2d. Address
Street Address
5516 CRESCENT DR
Address Line 2
city
CHAPEL HILL
Postal / Zip Code
27517
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
MUGA KATHLEEN M
2b. Deed book and page no.:
D6:009702, DP:000101; DB:009702, DP:000101
2c. Contact Person:
2d. Address
Street Address
4110 KING CHARLES RD
Address Line 2
City
Durham
Postal / Zip Code
27707
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Frank Morisey
3b. Business Name:
Northview Partners
3c. Address
Street Address
6131 Falls of Neuse Road
Address Line 2
Suite 202
city
Raleigh
Postal / Zip Code
27609
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil and Environmental Consultants, Inc.
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:

4c. Address
Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 104
city
Raleigh
Postal / Zip Code
27615
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:
Durham, NC
2. Project Identification
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
0708394784,0708396657,0708399439,
0708394415,0708396319,0708397289,
0708395016„ 0708386956, 0708384910, 2b. Property size:
0708384759 Approximately 10.96 acres
2c. Project Address
Street Address
5517 Crescent Drive
Address Line 2
city
State / Province / Region
Chapel Hill
NC
Postal / Zip Code
Country
27517
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Little Creek
3b. Water Resources Classification of nearest receiving water:"
WS-IV;NSW
3c. What river basins) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020604
4. Project Description and History
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 proposed Meridian Forty54 project is located at 5517 Crescent Drive, Chapel Hill, Durham County, NC. The project is approximately 10 acres. Existing conditions consist of 10 parcels
of land that are partially wooded, and 5 of those parcels have existing structures (residential homes). These parcels are bound by Farrington Road to the north and east, Wendell Road to
the west, and Hudson Road south. Crescent Drive divides the property through the approximate center of the proposed project, within project boundaries. There are two wetlands within
property boundaries, Wetland 1 and Wetland 2 (non -jurisdictional).
General land use in the vicinity of the project area is rural 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:
0.047 acres
4g. List the total estimated linear feet of all existing streams on the property:
0

4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to construct a multi -family residential development and 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, utilities, apartment buildings, parking, amenities and Stormwater
Control Measures (SCM). Specifically, there is one impact area associated with parking and sidewalk construction. 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-2021-00975
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil and 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: Sackett AJD package submitted to Julia Tillery on 1-12-2024 (SAW-2021-00975)
City of Durham: Jordan buffers field verified by Travis Marion on 02-05-2022. (COD Jordan # 2022-003)
—preliminary/approved box checked so that this data box is activated, PJD/AJD not verified-
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 Buffers
Open Waters Pond Construction
2. Wetland Impacts
1A
2a1 Reason (?)
Fill -sidewalk
2b. Impact type* (?)
P
2c. Type of W. *
Headwater Forest
2d. W. name
W1
2e. Forested *
Yes
2f. Type of Jurisdicition *
?)
Both
2g• Impact
area *
0.021
(acres)
F71F'II_
lot
P
Headwater Forest
W1
Yes
Both
0.026
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.047
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.047
Q

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and Jordan Lake Watershed Buffer evaluation for the entire property in order to identify natural resources so that
impacts could be avoided & minimized to the maximum extent practicable. Impact 1A is a proposed wetland impact for sidewalk/multi-use path
construction. Proposed impacts include permanent wetland impacts. This impact is necessary to provide a City of Durham required 10' wide accessible
multi -use path (MUP) along the public street. Per Section 12AAC Shared Facilities: Rather than utilities separate pedestrian and bicycle facilities,
shared facilities with a 10-foot minimum width area allowed in areas where both sidewalks and bicycle facilities are required. Impacts have been
minimized through rezoning, the developer opted for the 10' MUP in lieu of the 5' sidewalk (sect. 12.4.4.A) and 14' bike lane (Sect 12.4.4.D). Impact 1 B
is a proposed wetland impact for parking lot fill. Proposed impacts include permanent wetland impacts. This impact is necessary to provide sufficient
parking to comply with the City of Durham parking requirements. Per Section 10.3.1.A.4.B.7 required Motorized Vehicle and Bicycle Parking:
Developments within the Compact Tier districts are required to have between 1 space minimum per unit and a maximum of 2 spaces per unit and given
the clients history with residential communities of this type and location to the surrounding area they need a minimum of 1.7 spaces per unit to create a
livable community that is served with sufficient parking for their residents to feel comfortable. Considerations when calculating the minimum number of
spaces per unit include the lack of bus and public transportation infrastructure available to the subject site and the current lack of walkability and safe
bicycle paths to access essential services serving the subject site such as grocery stores. From applicant's experience, they reviewed parking ratios
from other projects and found in many cases they are providing similar or even less spaces per unit compared to other communities that have walkability
to services.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Client collaborated with construction team to provide additional E&S control, construction team plans to implement super silt fence along the portion of
Impact 1 B which borders the adjacent property line, in addition to other standard E&SC measures.
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:
Permanent loss wetland impacts are less than 0.10 acre. Impacts have been avoided to the maximum extent practicable. Therefore compensatory mitigation in the form of mitigation
payment has not been proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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 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.
City of Durham
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
O
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 Meridian Forty54 project is a residential development. Additionally, the project is located within the City of Durham
jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters. 1)
The Jordan Watershed Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to
"diffuse flow" requirements and may require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; 2) The Water Supply,
Watershed Protection Program which limits development densities as well as requires protective riparian buffers; 3) 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.
Non -discharge; Durham Public wastewater (sanitary sewer) system. City has indicated capacity is available at the treatment plant.
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 11-
17-2023. The USFWS has 30 days to respond from the date of the sent request. S&EC received no response from USFWS within the 30 days which in
their interpretation means that they concur with the determinations made by S&EC. 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.
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 November 8, 2023. A request for Environmental
Review was submitted to SHPO requesting comments. A SHPO response letter was provided on December 20,2023 indicating that they are not aware
of any historic resources that would be affected by the proposed project. Please see attached SHPO letter ER 23-2640.
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 —Meridian Forty54.pdf 34.25MB
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
=1716.0
Date
2/14/2024