20240465 Ver 1_ePCN Application_20240321

i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version# *
20240465 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Zachary Thomas:zachary.thomas
Information for Initial Review
la. Name of project:
COURTESY COPY Broad Street Square
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/21/2024
Nearest Body of Water
Terrible Creek (Johnsons Pond)
Basin
Nauss
Water Classification
B; NSW
Site Coordinates
Latitude:
35.592985
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
Longitude:
-78.786127
Reviewing Office*
Raleigh Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
O
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: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
SILVERSTONE INVESTMENTS, LLC
2b. Deed book and page no.:
DB: 018445, DP: 02100/ DB: 018445, DP: 02103
2c. Contact Person:
Rich Levert
2d.Address
Street Address
6321 JOHNSON POND RD
Address Line 2
City State / Province / Region
Fuquay-Varina NC
Postal / Zip Code Country
27526 USA

2e. Telephone Number:
[phone]
2g. 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
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:
Fuquay-Varina
2. Proiect Identification
2a. Property Identification Number:
0667-30-6877;0667-30-5901
2c. Project Address
Street Address
725 and 727 East Broad Street
Address Line 2
city
Fuquay-Varina
Postal / Zip Code
27526
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Terrible Creek (Johnsons Pond)
3b. Water Resources Classification of nearest receiving water:
B; 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.
030202010901
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
4.16 ac
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 two parcels north of East Broad Street. The land is wooded with agricultural fields and an existing structure and drive. There is one wetland area (i.e. W1).
General land use in the vicinity consists of residential, commercial and agricultural land.

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:
Approximately 0.41 acres
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a commercial development and necessary infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project consists of a converting the existing 2,000-sf residential dwelling into commercial use, bulk retail and adding 9,360-sf shopping center building with associated sidewalk,
parking and infrastructure. Specifically, there are three impact areas associated with and an SCM and fill for a dumpster location. Equipment typically used for construction and earthwork
such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2023-01221
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil and Environmental Consultants, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE: email concurrence sent from Lyle Phillips on 12-12-2023 (SAW-2023-01221)
NCDWR: Buffer Determination letter DWR Project 23-238
—preliminary/approved box checked so that this data box is activated, PJD/AJD not verified-
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
Phased for construction purposes only.
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 O Buffers
Open Waters Pond Construction
2. Wetland Impacts
O
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.
2d. W. name
2e. Forested* ��2f.
Type of Jurisdicition *
2g. Impact
area *
Impact 1
Fill: SCM Outlet Pipe
P
Headwater Forest
W1
Yes
Both
0.007
(acres)
Impact 2
Fill: SCM Access
P
Headwater Forest
W1
Yes
Both
0.018
(acres)
ffE:]
Fill: Dumpster Enclosure
P
Headwater Forest
W1
Yes
Both
0.013
(acres)

2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.038
2g. Total Wetland Impact
0.038
2i. Comments:
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. Impact 1 is a proposed wetland impact for a stormwater control measure (SCM) Outlet
Pipe. Proposed impacts include permanent wetland impacts. Proposed impacts have been minimized by keeping the SCM grading out of the wetland.
Please see attached Impact Justification letter provided by the project engineer, Danny Howell. Impact 2 is a proposed wetland impact for unpaved SCM
access for maintenance activities. Proposed impacts include permanent wetland impacts. Please see attached Impact Justification letter provided by the
project engineer, Danny Howell. Impact 3 is a proposed wetland impact for a Dumpster Enclosure. Proposed impacts include permanent wetland
impacts. Please see attached Impact Justification letter provided by the project engineer, Danny Howell.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Per the project engineer, tree protection fence, silt fence, diversion swales with wattles, sediment basins with coir baffles and skimmers, and rip -rap
aprons at outlets.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent loss wetland impacts are less than 0.10 acre. Impacts have been avoided to the maximum extent practicable. Therefore, compensatory mitigation in the form of mitigation
payment has not been proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
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
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 Fuquay-Varina
Comments:
(2) grassed bioretention cells
G. Supplementary Information
No
O
O
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.
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 Broad Street Square project is a small commercial development. Additionally, the project is located within the Town of
Fuquay-Varina 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.
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.
Town of Fuquay-Varina (ToFV) Public Sanitary Sewer is available and provided; Direct discharge via ToFV Public Sanitary Sewer Treatment Plant(s).
The ToFV owns and operates the Terrible Creek Wastewater Treatment Plant (WWTP), which has a current design capacity of 3.0 million gallons per
day (mgd), as well as the Brighton Forest WWTP which has a design capacity of 0.117 mgd.
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
February 2, 2024. The USFWS has 30 days to respond from the date of the sent request. S&EC received no response from USFWS within the 30 days
which in their interpretation means that they concur with the determinations made by S&EC. The S&EC determinations were that the proposed project is
not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently
proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report.
6. Essential Fish Habitat (Corps Requirement)

6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced on January
19, 2024. 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 19, 2024. No historic listings or study list
entries or determined eligible listings were identified within the property boundaries.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
PCN Attachments —Broad Street Square.pdf 13.98MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Deborah Shirley
Signature
Dlr'I't.M!-' ' 7 Loy
Date
3/21 /2024
a