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HomeMy WebLinkAbout20240203 Ver 1_401 Application_20240129_ *Far auwvrv� NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. :,lick enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.689498 Longitude (DD.DDDDDD): 78.561096 Form Version 4.3, April 20, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https:Hedocs.deg. nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 PreFile()ncdenr.gov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 10/12/2023 Pagel of 20 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: Wake Additional (if needed). Is this an ARPA project? ❑ Yes ® No If yes, ARPA project number: " The project number can be found on the "Letter of Intent to Fund" (LOIF) or "Offer and Acceptance Letter". If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at core v. basinaerencdenr. ao v for further assistance. Is this a NCDMS project? (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes ❑x No Please provide the date of the previous submission. Click tn -ntar a Hati- ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑ Regional General Permit (RGP) authorization? ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No NWP number(s) (list all numbers): 39 RGP number(s) (list all numbers ): Click to ent, Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter tex 1 d. Type(s) of approval sought from DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No Page 2 of 20 PCN Form Version 4.3- April 20, 2022 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: ❑ Yes 0 No For the record only for Corps Permit: ❑ Yes 0 No 1 f. Is this an after -the -fact permit/certification application? ❑ Yes 0 No 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes 0 No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes 0 No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes 0 No ❑ Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes 0 No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: httr)://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 20 PCN Form Version 4.3- April 20, 2022 B. Applicant Information 1 a. Who is the primary contact? Deborah Shirley 1 b. Primary Contact Email: dshirley@sandec.com 1 c. Primary Contact Phone: (###)###-#### (919)846-5900 1 d. Who is applying for the permit/certification? (check all that apply) ® Owner ❑ Applicant (other than owner) 1 e. Is there an agent/consultant forth is project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: 500 Waterfield Partners LLC / Modern Mechanical HVAC LLC 2b. Deed Book and Page No.: DB:018976, DP:01596 / 018976, DP:00847 2c. Contact Person (for corporations): Stephen F. Eisenmann Sr. 2d. Address Street Address: 3411 Integrity Dr / 1544 Mechanical Blvd Address line 2: r:lirk t^ entf- City: Garner State/ Province/ Region: NC Postal/ Zip Code: 27529 Country: USA 2e. Telephone Number: * (###)###-#### (919)610-5179 2f. Fax Number: (###)###-#### N/A 2g. Email Address: seisenmannsr@modernmechhvac.com 3. Applicant Information (if different from owner) 3a. Name: Stephen F Eisenmann Sr. 3b. Business Name (if applicable): Modern Mechanical HVAC, LLC 3c. Address: Street Address: 1544 Mechanical Blvd. Address line 2: slick to eni City: Garner State/ Province/ Region: NC Postal/ Zip Code: 27529 Country USA 3d. Telephone Number: (###)###-#### (919)610-5179 3e Fax Number: (###)###-#### N/A Page 4 of 20 PCN Form Version 4.3- April 20, 2022 3f. Email Address: seisenmannsr@modernmechhvac.com 4. Agent/ Consultant (if applicable) 4a. Name: * Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, Inc. 4c. Address: * Street Address: 8412 Falls of Neuse Rd Address line 2: Suite 104 City: Raleigh State/ Province/ Region: NC Postal/ Zip Code: 27615 Country: USA 4d. Telephone Number: * (###)###-#### (919)846-5900 4e Fax Number: (###)###-#### (919)846-8467 4f. Email Address: * dshirley@sandec.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: httr)s://www.saw.usace.army. mil/Missions/Reaulatorv-Permit-Pros ram/Permits/201 7- Nationwide- Pe rmits/Pre- construction-Notification/ Page 5 of 20 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * 500 & 600 Waterfield Ridge Place 1 b. Subdivision name (if appropriate): Click to enter 1 c. Nearest municipality/town: * Town of Garner 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 1730065246 & 1730061385 2b. Property size (in acres): Approximately 10.75 acres 2c. Project Address: Street Address: 500 & 600 Waterfield Ridge Place Address line 2: UICK io enit City: Garner State/ Province/ Region: NC Postal/ Zip Code: 27529 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 35.689498 Longitude (-DD.DDDDDD):-78.561096 3. Surface Waters 3a. Name of nearest body of water to proposed project: White Oak Creek (Austin Pond) 3b. Water Resources Classification of nearest receiving C;NSW water: The Surface Water Classification map may be found at this link: httr)s:Hncden r. mar)s.arcais.com/apes/webaggviewer/index.htmI?id=6e125ad7628f494694e259c80dd64265 Neuse 3c. In what river basin(s) is your project located? * Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030202011003 located: The Find Your HUC map may be found at this link: httr)s:Hncdenr.mar)s.arcais.com/apes/Publiclnformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 6 of 20 PCN Form Version 4.3- April 20, 2022 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: Existing conditions consist of two parcels south of US Hwy 70 E. The land is primarily wooded. There is one stream (stream A), and three wetlands (W1-W3) within the project bounadries. These properties are bound by US Hwy 70 E to the north, and Waterfield Rd Place to the south. General land use in the vicinity consists of commercial, residential, and wooded land. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes 0 No ❑ Unknown project (including all prior phases) in the past? If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? ❑ Yes 0 No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. CIICK LU Uflief It, 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the Approximately 0.42 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 0 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of the project is to construct a commercial development. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of two commercial buildings and the construction of roadway inforastructure, utilities, Stormwater Control Measures (SCM), and parking. Specicially, there is a wetland impact associated with a utility crossing. Equipment typically used for construction and earthwork such as backhoes, bull dozers, excavators, graders, pavers, etc. will be utilized for this project. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? ❑ Yes 0 No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. k- Kto enter tex Page 7 of 20 PCN Form Version 4.3- April 20, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in 0 Yes ❑ No ❑ Unknown proposed impact areas? Comments: Glick LU alter tex 5b. If the Corps made a jurisdictional determination, El Preliminary El Approved 0 Emailed concurrence what type of determination was made? t ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2023-01402 Name (if known): Steven Ball 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Soil & Environmental areas? Consultants, Inc. Other: ';lick to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE: Emailed concurrence from Dickey Harmon dated 12/19/2023 NCDWQ: NBRRO 01-300 issued on December 5, 2001 by Charles Brown 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. 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. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Please reference Wake County GIS. 8. Scheduling of activity: Scheduling of activity is unknown at this time but will not be started until NWP verifications have been received, and should be completed prior to NWP expiration dates. Page 8 of 20 PCN Form Version 4.3- April 20, 2022 D. Proposed Impacts Inventory 1. Impacts Summary ❑x Wetlands ❑ Streams - tributaries la. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Type 2d. Wetland Name 2e. Forested ? 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Other Permanent Headwater Forest W3-Imp 1-Utility Crossing -(Perm -No Perm loss) Yes Both 0.032 W2 Choose one Temp/ Perm t_.iiuuz>a one dick to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one -emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one -emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one -emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.032 ac 2g3. Total wetland impacts 0.032 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to enter text. 2i. Comments: Total permanent impacts (permanent no -permanent loss) = 0.032 acres. Page 9 of 20 PCN Form Version 4.3- April 20, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a Impact Reason* 3b. Impact Duration 3c. Impact Type- 3d. Stream Name* 3e. Stream Type 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) * S1 Click to enter Temp/ Perm Choose one Click to enter Per/Int Chi 6e one Click to enter Click to enter S2 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: Click to enter. linear ft 36. Total temporary stream impacts: Click to enter. linear ft 3i4. Total stream and ditch impacts: Click to enter. linear ft 3j. Comments: C:IICK to enter. Page 10 of 20 PCN Form Version 4.3- April 20, 2022 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site # 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name 4d. Activity Type* 4e. Waterbody Type 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click +^ ar T-mp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 one Click t Click to Click. ick to Click _;hoose enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Page 11 of 20 PCN Form Version 4.3- April 20, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) Z Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. 1 ,1 N Click to tenter. enter. 132 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 133 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 134 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 135 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 136 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 137 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 138 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 139 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. - -rB20 Choose one -emp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6i. Comments: UICK to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: 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. Impact area 1 is for a utility crossing and connection, to include two sanitary sewer and two water lines. Proposed impacts include permanent -no permaent loss wetland impacts. Impacts have been minimized by utilizing one corridor for the construction of these utiliites. Post construction the wetland area will be brought back to pre -construction contours and allowed to revegetate with the adjacent wetland seed source. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: Per project engineer, contractors will utilize silt fencing, tree protection fencing and pump around. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity lick to enter. Type: Choose one Quantity ,lick to enter. Type: choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to entei linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) hth)s://ribits.usace.armv.mil/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres Page 13 of 20 PCN Form Version 4.3- April 20, 2022 4h. Comments: Click to enL, 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑x No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to entr Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or Fpyes El No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 20 PCN Form Version 4.3- April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ® Yes ❑ No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https:Hdeq.nc.gov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit- quidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) 0 Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? 0 Yes ❑ No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ❑ Yes ❑x No To look up low density requirements, click here: http:Hreports.oah.state.nc.us/ncac/title%2015a%20-%20environ mental%20guaIity/chapter%2002%20- %20environ mental%20manage ment/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ❑x Yes ❑ No reviewed and approved under a state stormwater program or state - approved local government stormwater program? ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? ❑x Local Government (Check all that apply.) ❑ State If you have local government approval, please include the SMP on their overall impact map. ❑x Phase II ❑ USMP Local Government Stormwater Programs ❑x NSW ❑ Water Supply Page 15 of 20 PCN Form Version 4.3- April 20, 2022 Please identify which local government stormwater program you are using. Town of Garner State Stormwater Programs ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 20 PCN Form Version 4.3- April 20, 2022 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental ❑ Yes ❑ No Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: Click to enter. 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): w ci nci . 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? 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 500 Waterfield Ridge Place project is a commercial development. Additionally, the project is located within the Town of Garner's 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. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdo Page 17 of 20 PCN Form Version 4.3- April 20, 2022 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR forthis project? I ® Yes ❑ No ❑ N/A 4b. If yes, 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. The project will tie into the existing public sanitary sewer; Treatment at the Neuse River Resource Recovery Facility (formally the Neuse River Wastewater Treatment Plant). Treats 50 million gallons/day. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected 0 Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another federal agency involved? ❑ Yes ❑ No 0 Unknown If yes, which federal agency? Click .o enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes 0 No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? 0 Yes ❑ No 5g. Does this project involve bridge maintenance or removal? ❑ Yes 0 No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: httr):Hsaw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? ❑ Yes 0 No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes 0 No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdo Page 18 of 20 PCN Form Version 4.3- April 20, 2022 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 Services (USFWS),a query through the NC Natural Heritage Program database, and an official Species List through iPac. Determinations made by S&EC that the proposed actions 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). The S&EC Threatened & Endangered Species report is attached. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes ® No Is there submerged aquatic vegetation (SAV) around the project vicinity? ❑Yes ❑x No ❑Unknown Will this project affect submerged aquatic vegetation? * El es ® No ❑ Unknown Explain:. iicK to eni, 6b. What data source(s) did you use to determine whether your site would impact 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) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): htti):Hgis.ncdcr.gov/hi)oweb/ 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 (e.g., National Historic Trust designation or ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) 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 October 25, 2023, 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. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: httr)s:Hmsc.fema.aov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ® Yes ❑ No 8b. If yes, explain how the project meets FEMA requirements. No fill proposed within the FEMA floodplain 8c. What source(s) did you use to make the floodplain determination? FEMA floodplain mapping and project engineer Page 19 of 20 PCN Form Version 4.3- April 20, 2022 H. Miscellaneous Comments: Click to enter - Attach pertinent documentation or attachments not previously requested I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Deborah Shirley Digitally signed by Deborah E. Signature: Deborah E. Shirley Shirley Date: 2024.01.29 15:18:18-05'00' Date: 1 /29/2024 Page 20 of 20 PCN Form Version 4.3- April 20, 2022