20240332 Ver 1_ePCN Application_20240223

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# *
20240332 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:
Panther Creek Conservation Subdivision
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
[e-mail]
Date Submitted
2/23/2024
Nearest Body of Water
Panther Creek
Basin
Neuse
Water Classification
WS-IV: NSW
Site Coordinates
Latitude:
36.0351
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:
-78.8053
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:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
NWP 18-SCM outlets
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
18 - Minor Discharges
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
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:
EQUITY TRUST COMPANY; JAMES E STOVALL IRA
2b. Deed book and page no.:
DB:007255; DP:00645
2c. Contact Person:
2d. Address
Street Address
PO Box 1386
Address Line 2
City
Roxboro
Postal / Zip Code
27573
401 Water Quality Certification - Express
Riparian Buffer Authorization
Stale / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Fred Sheckells
3b. Business Name:
TOR Panther, LLC
3c.Address
Street Address
4027 Hess Road
Address Line 2
City
State / Province / Region
Monkton
MD
Postal / Zip Code
Country
21111
USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil and 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:
[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
2. Project Identification
2a. Property Identification Number: 2b. Property size:
0853-71-5646 +/-110
Q

2c. Project Address
Street Address
2708 Burton Road
Address Line 2
city
Durham
Postal / Zip Code
27704
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Panther 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.
030202010404
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 one parcel of land that is wooded and bisected by a 200' wide Duke Energy Easement. Panther Creek and its FEMA Floodway and 100-year floodplain
borders the of the property, with Burton Road to the west. The project includes 11 wetland areas (Wetlands WA-WK), and 11 streams (Streams SA-SK), and riparian buffers within property
boundaries. General land use in the vicinity of the project area is residential and forested.
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:
7.541 acres
4g. List the total estimated linear feet of all existing streams on the property:
9,836 linear feet
4h. Explain the purpose of the proposed project:"
The project purpose is to construct a single-family residential development and its necessary infrastructure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The overall project consists of a single-family residential development and its necessary infrastructure including but not limited to: 89 residential lots, roadway infrastructure, SCM's, utilities
and amenities. Specifically, the project is requesting: one road crossing, one sanitary sewer crossing, road improvements/widening and two stormwater discharges. 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-2021-02451 (emailed concurrence)
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Lisa Long
Spangler Environmental, Inc.
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE: email verification on 1/24/2022 by April Norton
NCDWR: NBRRO# 21-398 on 12/15/2021 by Joe Meyers
—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 O No
6b. If yes, explain.
Yes this is a phase project, and there is one future phase that is not a part of the existing site plan. It is cul-de-sac with 11 additional units.
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
a
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.
2d. W. name
2e. Forested" ��2f.
Type of Jurisdicition
2g. Impact
area
Impact A
SCM outlet
P
Ftt-miand Hardwood Forest
WG
Yes
Both
0.071
(acres)
Im act C
P
SCM outlet (permanent-
(P
P
Bottomland Hardwood Forest
WD
Yes
Both
0.038
no permanent loss)
(acres)
Impact D
Road Crossing -Culvert
P
Fttomiand Hardwood Forest
WH
Yes
Both
0.192
(acres)
Impact D
Road Crossing-
T
Bottomland Hardwood Forest
WH
Yes
Both
0.026
Temporary Construction
acres)
Access
2g. Total Temporary Wetland Impact
0.026
2g. Total Wetland Impact
0.327
2g. Total Permanent Wetland Impact
0.301
2i. Comments:
Total permanent loss wetland = 0.263 acres; Total permanent -no permanent loss wetland = 0.038 acres; Total temporary stream = 0.026 acres
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
F. Impact
❑
(?)
Jurisdiction*
length*
gf
Impact B: Sanitary Sewer
Temporary
Other
SA
Perennial
Both
14
30
Crossing
Averege (feet)
(linear feet)
S2
Impact D: Road Crossing-
Permanent
Culvert
SB
Perennial
Both
117
Culvert
Averege (feet)
(linear feet)
S3
Impact D: Road Crossing
Permanent
Other
SB
Perennial
Both
5
36
Dissipater Pad(Permanent-
Average (feet)
(linear feet)
no permanent loss)
S4
Impact D: Road Crossing-
Temporary
Other
SB
Perennial
Both
5
12
Temporary Construction
Average (feet)
(linear feet)
Access
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
153
31. Total stream and ditch impacts:
195
31. Total temporary stream impacts:
42
3j. Comments:
Total permanent loss stream = 117 LF (0.011 acres); Total permanent -no permanent loss stream = 36 LF (0.004 acres); Total temporary stream = 42 LF
(0.010 acres);
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
Impact D: Road Crossing
P
SB
No
9,081
4,824
Impact E: Road Improvements/Widening
P
SA
No
5,130
2,822
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1
Zone 2
Total Permanent impacts: 14,211.00
7,646.00
Zone 1
Zone 2
Total combined buffer impacts: 14,211.00
7,646.00
6i. Comments:
Impact B is considered a "deemed allowable" buffer impact per 15a NCAC 02b .0714(11)(kk)(i) and was not included within the table above.
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 in order to identify natural resources so that impacts
could be avoided & minimized to the maximum extent practicable. Proposed impacts include one (1) road crossings, one (1) utility crossing, two (2)
Stormwater Control Measures (SCM) discharge outlets and one (1) road improvement/widening. Impact A is a proposed wetland impact for a stormwater
control measure (SCM) outlet. Proposed impacts include permanent loss wetland impacts. This impact is necessary to discharge stormwater from an
SCM, and the elevation requires this pipe to be above ground which results in permanent wetland fill. Per the project engineer: The stormwater control
measure (SCM) Outlet Pipe for the wet detention basin must discharge at the stream for diffuse flow requirement by the City of Durham stormwater
department. The stream bank being discharged into is extremely flat with the top of bank elevations almost equal to the stream bottom. In order to
discharge at the stream elevation, the pipe would be exposed so proposed grading has been added to cover the pipe with minimum cover requirements.
A Nationwide Pemrit18 is being requested for this area, and wetland mitigation at a 2:1 ratio is being proposed for the permanent loss impacts. Impact B
is a proposed utility crossing necessary to connect to an existing City of Durham Sewer Easement. Proposed impacts include temporary stream impacts
for an open -cut construction and associated riparian buffer impacts that are considered "deemed allowable". Stream impacts have been minimized by
crossing the stream at a near perpendicular angle. Temporary stream impacts will be brought back to pre -construction elevations and the stream banks
will be stabilized. Impact C is a proposed wetland impact for a stormwater control measure (SCM) outlet. Proposed impacts include permanent -no
permanent loss wetland impacts. This impact is necessary to discharge stormwater from an SCM, and it will be a permanent maintained easement post
construction. A Nationwide Pemritl8 is being requested for this area, and wetland mitigation at a 1:1 ratio is being proposed for the change of wetland
function impacts. Impact D is proposed road crossing. Proposed impacts include permanent (i.e. culvert & headwalls), permanent -no permanent loss
(i.e. riprap dissipator) and temporary (i.e. construction access) stream impacts, permanent and temporary wetland impacts and associated riparian buffer
impacts. This road crossing is necessary to access the property from Burton Road and provide connection to the eastern side of the property. Stream,
wetland and riparian buffer impacts have been minimized by utilizing head walls and retaining walls at the crossing. Wetland mitigation at a 2:1 ratio is
being proposed for the permanent loss impacts. Temporary stream impacts will be brought back to pre -construction elevations and the stream banks will
be stabilized. Temporary wetland impacts will be brought back to pre -construction contours and allowed to regenerate with adjacent wetland vegetation
seed source. Impact E is for road improvements/widening. Proposed impacts include perpendicular riparian buffer impacts only. Stream impacts have
been avoided by utilizing the existing culverts and Right -of -Way.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Per the project engineer, implementation of retaining walls, tree protection fence, temporary sediment basins with coir baffles, wattles, skimmers, and silt
fence will be used to avoid/minimize impacts.
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
O
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 0.57 acres
3c. Comments
See attached SOA.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
i 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
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:
Per project engineer: Even though the site is under 24 % impervious area, stormwater controls are still required to
treat the impervious area.
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
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 Panther Creek Conservation Subdivision 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 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.
Non -discharge; City of Durham has approved capacity for treatment.
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
December 18, 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). S&EC is
planning to complete a botanical survey for Michaux Sumac and Smooth Cone Flower within the optimal survey window if required. 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 January 25, 2024, 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
8b. If yes, explain how project meets FEMA requirements:
Per project engineer: A floodplain permit application has been submitted to the City of Durham for any proposed work within the floodplain. There is one
permanent wetland fill within the FEMA 100-yr floodplain, however it is less than 0.10 acre.
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 —Panther Creek.pdf 20.19MB
File must be PDF or KMZ
Comments
Signature O
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
�otai t�fi't/�r�
Date
2/23/2024