20240396 Ver 1_ePCN Application_20240306

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# *
20240396
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:
Meridian Lakeview
la. Who is the Primary Contact?*
Kevin C Martin
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
3/6/2024
Nearest Body of Water
New Hope Creek
Basin
Cape Fear
Water Classification
WS-V, NSW
Site Coordinates
Latitude: Longitude:
35.947347-79.400047
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
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):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
18 - Minor Discharges
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)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Multiple owners and parcels see attached owner authorization forms
2b. Deed book and page no.:
2c. Contact Person:
DR Bryan
2d. Address
Street Address
400 Market St, Ste. 115
Address Line 2
City
Chapel Hill
Postal / Zip Code
27516
401 Water Quality Certification - Express
Riparian Buffer Authorization
Stale / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:'
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Bryan Ward
3b. Business Name:
Meridian Gateway, LLC
3c.Address
Street Address
6131 Falls of Neuse Road, Suite 202
Address Line 2
City
Raleigh
Postal / Zip Code
27609
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kevin C martin
4b. Business Name:
Soil & Environmental Consultants, Inc.
4c.Address
Street Address
8412 Falls of Neuse Rd., Ste 104
Address Line 2
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
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
Multiple see attached owner Forms 13.354

2c. Project Address
Street Address
71,75,78,83,86,87,89 N White Oak, Dr., 0 Chapel Hill Rd., 19,21,35 E. Lakeview Dr.
Address Line 2
City
State / Province / Region
Durham
NC
Postal / Zip Code
Country
27707
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
New Hope Creek
3b. Water Resources Classification of nearest receiving water:
WS-V, NSW
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.
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 property is currently vacant wooded lots or single family residential properties. Adjacent properties are similar to project area with the exception of the existence of a hotel near the
northern boundary.
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:
0.018
4g. List the total estimated linear feet of all existing streams on the property:
63
4h. Explain the purpose of the proposed project:
To allow development of 388 Multi Family units served by new water and sewer main extensions. The project will be surface parked and include a clubhouse, pool, dog park, community
open space, walking trails and greenways.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Equipment typical for construction in this area will be utilized (e.g. Bulldozers, excavators, dump trucks, etc.), indirect impacts are not anticipated
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
Delineation in project area has been confirmed, a JD request for the offsite utility line and greenway is
attached
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-2021-01931
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kevin C Martin
Agency/Consultant Company: S&EC, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Corps JD is dated 9-30-2021. NC DEQ buffer letter is dated 11-15-2021 (it was an appeal of the Town of Chapel Hill determination) DWR Project # 20211333. Town of Chapel Hill
completed a buffer determination for impact area adjacent to pond dam for sewer and greenway dated 1-28-23.
6. Future Project Plans
6a. Is this a phased project?*
Yes OO 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
SCM
P
Headwater Forest
W1
Yes
Both
0.013
(acres)
SCM & Road
P
Headwater Forest
LW1
Yes
Both
0.005
(acres)
Sewer and Greenway
P
fadwater Forest
W2
Yes
Both
0.004
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.022
2g. Total Permanent Wetland Impact
0.022
2i. Comments:
We are including the wetland impacts for the greenway even that the wetland crossing will be a boardwalk because it is not clear if the boardwalk can be
installed without causing impacts due to the proximity to the adjacent pond dam.
3. Stream Impacts
❑
gf
3a. Reason for impact (?)
Culvert extension
3b.lmpact type "
Permanent
3c. Type of impact*
Culvert
3d. S. name*
A
3e. Stream Type*
(?)
Intermittent
3f. Type of
Jurisdiction*
Both
3g. S. width
Average (feet)
3h. Impact
length*
32
(linear feet)
fl
rip rap
Permanent
Rip Rap Fill
A
Intermittent
Both
Average (feet)
31
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
63
3i. Total stream and ditch impacts:
63
3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
3i. Total temporary stream impacts:
0
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Road crossing
P
A
No
1,998
2,854
6h. Total buffer impacts:
Zone 1 Zone 2

Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 1,998.00 2,854.00
Zone 1 Zone 2
Total combined buffer impacts: 1,998.00 2,854.00
61. Comments:
We realize that we will need to request a buffer authorization from the Town of Chapel Hill to cover impacts related to the road widening.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
An existing road crossing is being utilized with widening required rather than installing a new
one within the existing right of way at the southeast corner of the project. • The SCM needs to be located as the low point of the project site to capture as
much of the new impervious surface as pratcial.
• The Town/Council pushed for the upper portion of the ephemeral stream to remain (labeled tree save on impact maps)..."Environmental Preservation
Area'
• The SCM was required to be sized to meet the 100 years storm, thus slightly larger than usual.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Typical EC measures including sediment ponds, skimmer basins, silt fence and outlets, diversion ditches and waddles as needed.
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:
Impacts are below thresholds that require mitigation
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)
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.
Town of Chapel Hill
Comments:
O
O

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 Meridian Lakeview project is a residential development. Additionally, the
project is located within the Town of Chapel Hill jurisdiction, therefore the adjacent properties that have potential for development will have the following
regulations to protect downstream waters: the Jordan Lake 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; 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.
Gravity sanitary sewer connected by extending public sewer mains maintained by OWASA. OWASA has confirmed available capacity.
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?
See attached Endangered Species report by Axiom Environmental
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 HPOWEB identified multiple structures within the property boundaries (see attached HPOWEB screenshot) symbolized by orange pentagon symbol
meaning it was not determined eligible. There are structures offsite and south of the project symbolized by a darker orange triangle meaning they were
determined eligible. The project does not propose impacts to the Ruth Sizemore Store in the northeast quadrant of Chapel Hill Rd and N White Oak dr.
intersection.
8. Flood Zone Designation (Corps Requirement)
Be. 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?
FEMA FIRM panel
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
FINAL IMPACT MAPS.pdf
2.47MB
HPOWEB screenshot.pdf
221.44KB
Axiom Gateway at White Oak Site TE Survey Results 230821.pdf
11.98MB
Preliminary Jurisdictional Determination (SAW-2021-01931) North White Oak (001).pdf
6.33MB
stream buffer determ 1-11-2023 for pond outflow area in sewer corridor.pdf
10.76MB
20211333_Appeal Decision_NWhiteOak_Durham _111621.pdf
2.41MB
Agent Authorization Property Owner Certification SEC - DR Bryan.pdf
1.67MB
Agent Authorization Property Owner Certification SEC - Jim Earnhardt.pdf
250.11KB
Agent Authorization Property Owner Certification SEC - Town of Chapel Hill - Signed.pdf
45.79KB
LW1 impact 2 pic.pdf
1.2MB
WI-1 Impact pic.pdf
1.51MB
W2 Impact 4.pdf
5.37MB
Agent Authorization Property Owner Certification SEC - John Coley Signed.pdf
363.26KB
JD request Offsite sewer Gateway -White Oak Drive Offsite Sewer.pdf
4.76MB
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:
Kevin C Martin
Signature ��77yy
(�fN & ewat&w
Date
3/6/2024
a