20240383 Ver 1_ePCN Application_20240304

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# *
20240383 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
la. Name of project:
Townes on Tingen
la. Who is the Primary Contact?*
Jeff Harbour
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
3/4/2024
Nearest Body of Water
Big Branch
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.71911-78.85720
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No

1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
NWP 29 and NWP 18
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
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:
JVI Building and Construction
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Joeylannone
2d. Address
Street Address
2509 Southwinds Run
Address Line 2
City
State / Province / Region
Apex
NC
Postal/Zip Code
Country
27502
Wake
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jeff Harbour
4b. Business Name:
Terracon
4c.Address
Street Address
2401 Brentwood Road
Address Line 2
City
Raleigh
Postal / Zip Code
27604
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:
Apex
2. Project Identification
2a. Property Identification Number:
0741-26-6614 & 0741264605
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Big Branch
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040102
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
Us
4e. Fax Number:
2b. Property size:
State / Province / Region
Country
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The site is undeveloped and is surrounded on three sides by development. There is a small stream on the site that originates from upstream stormwater ponds. Land use is primarily
single-family and multi -family residential and a elementary school is nearby
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
a

4f. List the total estimated acreage of all existing wetlands on the property:
.10
4g. List the total estimated linear feet of all existing streams on the property:
250
4h. Explain the purpose of the proposed project:"
Purpose is to develop a small townhome community to provide housing for the Apex area. A road crossing will be built to fully access the site and utilities will be installed along with SCMs.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project may impact a segment of headwater stream channel that occurs onsite. This channel was claimed as a I/P channel by USDACE and the Town of Apex also reviewed
the feature and placed a 50-foor buffer on the lower reach of the channel; below a head -cut. The stream receives it primary hydrologic input from a bio-retention area that occurs
immediately north of the site. The project may also impact a small secessional wetland area near the southeast quadrant. This wetland was determined to be a non404 wetland in 2021.
We acknowledge that the 2021 AJD is no longer valid. In the interest of time, we are currently conceding jurisdiction and propose impacting this 0.10 acre area. No mitigation is being
proposed
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-2021-01253
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Terracon
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
7/15/2021 USACE (email from USACE attached)
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?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
?)
2g• Impact
area *
Impact 3
SCM
P
Hardwood Flat
W1
Yes
Both
0.030
(acres)
Impact 3
Road
P
Hardwood Flat
W1
Yes
Both
0.060
(acres)
Impact 3
grading/fill
P
Hardwood Flat
W1
Yes
Both
0.010
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.100
2g. Total Permanent Wetland Impact
0.100
2i. Comments:
The SCM impact is proposed under NWP 18 (Minor Discharge)

3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
length*
S1
road crossing/curb and gutter
Permanent
Culvert
UT of Big Branch
Perennial
Both
83
grading
Average (feet)
(linear feet)
g2
road crossing/curb and gutter
Permanent
Culvert
UT of Big Branch
Intermittent
Both
83
grading
Averege (feet)
(linear feet)
S3
rip rap
Permanent
Rip Rap Fill
UT of Big Branch
Perennial
Both
22
Averege (feet)
(linear feet)
S4
work area
Temporary
Workpad/Causeway J
UT of Big Branch
Perennial
Both
12
Averege (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
188
3i. Total stream and ditch impacts:
200
31. Total temporary stream impacts:
12
3j. Comments:
Total permanent stream impact is 188 LF (0.012 ac). However, 22 LF (0.001 ac) shown as S3 impact is from embedded rip rap and is not considered a
loss. Total stream loss is 164 LF (0.011 ac)
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:
Do to the topography and small site site, avoidance of impacts was not attainable. Minimization measures have been included during the design phase
of the road crossing and associated grading for Owlsmore Lane and Dunsop Street. The proposed SCM was placed in the only location that was
feasible due to the site's topography. The small wetland in this location was originally deemed non -jurisdictional in 2021 by USACE although that is no
longer valid.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Embedded rip rap is proposed downslope from the road crossing and will not be a loss of stream bed.
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:
The proposed wetland impact does not exceed 0.1 acre. The stream impact (loss) does not exceed 0.02 acre.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
[ Wetland Swale (higher SHWT)
M Other SCM that removes minimum 30 % nitrogen
p 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
0
u
O

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 Apex
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.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5d. Is another Federal agency involved? *
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Terracon performed a habitat assessment and did not identify any potential habitat capable of supporting any current federal protected species. The
wooded area may represent potential habitat for tricolored bat; however no surveys or official FWS coordination is warranted at this time. An NCNHP
report was generated in February 2024 and no species are documented within at least one mile of the site.
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?
NOAA
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?
NCSHPO Gis
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 Maps
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
Townes on Tngen support docs.pdf 10.99MB
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 ACV');
• 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:
Jeff Harbour
Signature
c%fg/rAoi�r
Date
3/4/2024
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