20240548 Ver 1_ePCN Application_20240411

DWR
Dki of Water Rftourc�
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
Charge 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 ortransmission ofenergy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version#*
20240548 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Savannah Ridge
la. Who is the Primary Contact?*
Kate Hefner
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
4/11/2024
Nearest Body of Water
Deep River
Basin
Cape Fear
Water Classification
WS_IV
Site Coordinates
Latitude:
35.632781
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Chatham
Is this a NCDMS Project
Yes No
Longitude:
-79.082756
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Kristina Morales: Kristina. Morales
1 c. Primary Contact Phone:*
[phone]
$570.00
$767.00
Is this project a public transportation project?*
Yes No

Ia. 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 PCIM previously been submitted?*
Yes
No
I b. 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):
1 d. 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:
If. Is this an after -the -fact permit application? *
Yes No
Ig. 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
I h. 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:
Esplande Communities of Florida LLC
2b. Deed book and page no.:
2141/0174
2c. Contact Person:
2d. Address
Street Address
3000 Gulf Breeze Parkway
Address Line 2
city
Gulf Breeze
Postal / Zip Code
32563
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
FIL
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Zach Daugherty
3b. Business Name:
Garden Street Communities Southeast, LI-C
3c. Address
Street Address
149 US Hwy 70
Address Line 2
city
State / Province Region
Garner
NC
Postal / Zip Code
Country
27529
USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kate Hefner
4b. Business Name:
Timmons Group
4c. Address
Street Address
5410 Trinity Road
Address Line 2
Suite 102
city
State Province Region
Raleigh
NC
Postal / Zip Code
Country
27607
USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Savannah Ridge Subdivision
1c. Nearest municipality I town:
Moncure
2. Project Identification
2a. Property Identification Number: 2b. Property size:
9678-55-1853 150.58
011

2c. Project Address
Street Address
0 Moncure School Road
Address Line 2
city
Moncure
Postal / Zip Code
27559
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Deep River
3b. Water Resources Classification of nearest receiving water:
WS-1V
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.
030300030608 & 030300020705
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time ofthis application: *
The Savannah Ridge site is approximately 150.58 acres located off of Moncure School Road in Moncure, North Carolina within Chatham County, just north of and adjacent to U.S. Route 1
(US 1). The majority of the Site consists of pine plantation used for silviculture with smaller areas of hardwood forests throughout. Additionally, there are multiple earthen roads that run
throughout the Site. The Site is bound by Jordan Dam Road and forested areas to the north; by Moncure School Road, private residences, forested areas, and Moncure School to the
east; by forested areas and US-1 to the south; and by forested areas, current construction, and Jordan Dam Road to the west.
The proposed residential development will consist of a conventional subdivision on approximately 151 acres with 78 single-family lots, mail kiosks, and associated infrastructure. The
average lot size will be 52,453 square feet. There will be 42.08 acres of open space for this proposed project.
A delineation of the project area was completed by Timmons Group on January 9, 10, and 14, 2020. An on -site review of potentially jurisdictional features was conducted by James
Larstinger of the USACE on July 27, 2020, and by Drew Blake of the Chatham County Watershed Protection Department on July 28, 2020. An offer to conduct an on -site review was
extended to NC DWR but was declined, indicating deferral to the USACE and the County. Following a site review by the USACE and Chatham County regulators, determinations were
made regarding which delineated features would fall under federal or County jurisdiction. A Wetlands and Waters of the U.S. delineation map can be found in Appendix A and includes a
corresponding table with jurisdictional feature details. The AJD approval was issued on August 31, 2020 and the Buffer Determination approval was issued on August 25, 2020.
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:
1.23
4g. List the total estimated linear feet of all existing streams on the property:
2,985
4h. Explain the purpose of the proposed project:
The purpose of the project is to construct a single-family residential development consisting of individual homes with community cohesion and the necessary amenities within Chatham
County. The project will help address the increasing housing needs of central North Carolina while preserving Chatham County's rural character.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project is a residential development that is located just north of and adjacent to U.S. Route 1 (US 1), approximately 10 miles south of Pittsboro and approximately 14 miles
northeast of Sanford. Both entrances to the development are proposed to be located along Moncure School Road in Moncure, North Carolina within Chatham County.
The project will include 78 single-family lots and associated amenities, including stormwater control measures and utility and road improvements. Lots are to be constructed individually
following construction of stormwater controls measures, utilities, and roads , but are all separated from jurisdictional features by Chatham County buffers with buffer distances of30-ft offof
ephemeral streams, 50-ft off of intermittent streams, wetlands, and ponds, and 100-ft off of perennial streams (stream buffers measured from top of bank).
All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment,
graders, and earth movers. SCMs are required and will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No C) Unknown
Comments:
5b. Ifthe Corps made ajurisdictional determination, whattype ofdetermination was nri
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2020-01047
5c. If 5a is yes, who delineated the jurisdictional areas?

Name (if known):
Agency/Consultant Company: Timmons Group
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
01/09/2020, 01/10/2020, and 01/14/2020 — Delineation completed by Timmons Group personnel
07/27/2020 — Site Visit with James Lastinger of the USACE
07/28/2020 — Site Visit with Drew Blake of the Chatham County Watershed Protection Department
08/25/2020 — Buffer Determination approval issued by Chatham County
08131/2020 — AJD approval issued by the USACE
10/03/2023 — OHWM Stream measurements completed by Timmons Group personnel at proposed impact locations
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 other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this
permit application.
D. Proposed Impacts Inventory
1. Impacts Summary
1 a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
a
F3a.
I
Reason for impa
3c. Type of impact*
me*
3e. Stream Type*
3f. Type of
3h. I
M
Jurisdiction
leng
Culvert Installation
Culvert J
Stream A
Both
Rip Rap Installation
Rip Rap Fill J
Stream A
Both
Culvert Installation
Other J
Stream A
Both
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
114
3i. Total stream and ditch impacts:
125
3i. Total temporary stream impacts:
11
3j. Comments:
Stream Impact 1 (Sheets IM-2 to IM4) includes permanent and temporary stream impacts to a perennial stream. The permanent impact is required to
construct a road, Telfair Lane, within the development that connects to an access road, Orleans Drive, off of Moncure School Road. Telfair Lane is
necessary to connect lots on the western portion of the Site to the eastern portion of the Site, along Moncure School Road. The temporary impact to the
stream is necessary due to the construction buffer required for the installation of the road. The culvert is sized for the 25-year storm event per NCDOT
and Chatham County Standards, therefore no floodplain culvert is required. A water line is proposed to be installed beneath the road to avoid additional
crossing impacts.
Stream Buffer impacts have been noted on the impact maps due to requirements by Chatham County in areas outside of the Jordan Lake Watershed.
These are not state riparian buffers. The road crossing is compliant with the Chatham County Watershed Protection Ordinance Section 304 (F) of
allowed uses in riparian buffers outside of the Jordan Lake watershed.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
N

1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including utilization of the wetland/strearn delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts
proposed are necessary in order for the project's goals to be realized.
The project is avoiding and minimizing impacts to jurisdictional features to the maximum extent practicable. There will only be one stream crossing for a
roadway that is necessary to allow access to the western portion of the Site. The only impact will be to the perennial stream and no wetlands. The
proposed crossing location was selected based upon the relatively straight section of stream and topographic limitations. Alternative road locations to
access the western portion of the site would require impacts to multiple wetlands.
The proposed design is following the existing drainage patterns and not bulk grading any of the property. This should have minimal impact to the existing
hydrology of all features.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the
requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and
local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install
silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All
erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once
every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will
be kept by the owner's representative.
Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best
Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to
prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill
will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore,
stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project
construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of
disturbance within jurisdictional waters.
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 impacts to streams are below the threshold for mitigation requirements.
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
If no, explain why:
The project is located within the Cape Fear River Basin and therefore, is not subject to the NC Riparian Buffer Protection Rules. However, the project will be impacting Chatham County
buffers, but the road crossing is compliant with Section 304 (F) of allowed uses in riparian buffers outside of the Jordan Lake watershed.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPIDES 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 stormwarter 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 11 NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Chatham County
Comments:
The stormwater management design for the project will be reviewed and approved by Chatham County Watershed Protection/Stormwater Department which is a state -approved local
program.
G. Supplementary Information
1. Environmental Documentation

Ia. 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 Welland Rules (15A NCAC 2H .1300), or DWR Surface WaterorWetland 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.
The proposed project is a single and complete project that will not result in additional impacts. All impacts associated with the project are accounted for
herein.
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
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?
A search of the USFWS IPaC database identified three federally listed endangered species, including red -cockaded woodpecker (Picoides borealis),
Cape Fear shiner (Notropis mekistocholas), and harperella (Ptilimnium nodosum) as potentially occurring within the vicinity of the Site. No federally listed
threatened species were identified as potentially occurring within the vicinity of the Site. Additionally, one proposed endangered species, the tricolored
bat (Perimyotis subflavus), and one candidate species, the monarch butterny (Danaus plexippus), were identified as potentially occurring in the vicinity of
the Site. No critical habitats were identified within the project area or a 1 -mile radius. Additionally, a search of the North Carolina Natural Heritage
Program (NHP) database did not identify occurrences of federally listed species or state -managed areas within the project limits. Cape Fear shiner was
noted within a 1 -mile radius of the project area in 2021 and harperella was noted within a 1 -mile radius of the project area in 1971. Further, no critical
habitat was identified within the Site or a 1 -mile radius. It is the opinion of Timmons that the project will have no effect on red -cockaded woodpecker,
harperella, and monarch butterfly and may affect, but is not likely to adversely affect the Cape Fear shiner. Additionally, it is the opinion of Timmons that
the project is not likely to jeopardize the continued existence of the tricolored bat.
USFWS consultation for this Site was completed in 2020 (lPaC Consultation Code 04EN200-
2020-SLI-1433, Event Code 04EN2000-2020-E-03271), with an initial review request sent on
07109/2020 and concurrence of opinion received from John Ellis of the USFWS via email on
08105/2020. Due to the time that passed since initial consultation, re -consultation of this project was conducted on 10/2312023. Although species were
re -assessed, opinions for red -cockaded woodpecker, Cape Fear shiner, Harperella, bald eagle, and northern long-eared bat remain consistent with our
previous determinations.
On 12/22/2023 the USACE responded indicating the project may affect, but is not likely to adversely affect the Cape Fear shiner and recommended
application of stringent sediment and erosion controls and establishment of forested buffers. No further comments were received.
The project will incorporate the following sediment and erosion control measures, as requested by the USFWS:
- Inspect all vehicles for leaks immediately prior to entering the jurisdictional impact areas each day. Repair any leaks and clean construction vehicles
thoroughly to remove any residual dirt, mud, debris, grease, motor oil, hydraulic fluid, coolant, or other hazardous substances from construction vehicles.
When not in use, materials and vehicles will be staged in upland areas outside of the Chatham County riparian buffer.
The size and number of access corridors for construction vehicles in jurisdictional water and riparian buffer impact areas have been minimized to only
one crossing.
Outlets from silt fence and other construction erosion control devices will not discharge closer than 50 feet to the top of bank.
Inspections, repairs, cleaning, and/or servicing should be conducted either before the vehicle, equipment, or machinery is transported into the field or at
the work site.
- Fuel and maintain vehicles or equipment and store potentially toxic substances (fuels, paints, solvents, lubricants, etc.) within a containment area in
uplands.
Additionally, as previously stated all features, including non -jurisdictional ephemeral streams, are protected by Chatham County riparian buffers. The
only buffer impact will be that required for the necessary road crossing.
Please see Appendix D for the USFWS T&E Review request package and LISFWS concurrence for additional information
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 Essential Fish Habitat Mapper
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? *
Based on a review of the NC Historic Preservation Office (SHPO) Online GIS Service and project site files at the NC Office of State Archaeology (OSA),
there are five previously recorded archaeological sites within 1 -mile of the current project area (Appendix E), none of which are within or adjacent to the
project area. One of the aforementioned sites, 31 CH690 is a historic lock and dam transportation feature located on the Deep River that has been listed
on the National Register of Historic Places. The remaining four sites have not been evaluated for eligibility.
Following a review of the NC HPO Online GIS Service, there are 20 previously recorded historical sites within a 1 -mile radius of the project area
(Appendix F). None of the sites are located within or adjacent to the current project limits, with the closest site located approximately 0.4-miles south
across US 1. The recorded resources include one site, CH0018, which appears to correspond with the aforementioned archaeological resource listed on
the National Register consisting of a canal, powerhouse, and canal complex. The remaining resources are historic residences that have been surveyed
only or have been destroyed. No structures were observed within the proposed project's limits during the site reconnaissance. Additionally, disturbance
associated with the proposed project will be limited to on -site areas and will not affect the surrounding area or its historical resources.
Timmons personnel -initiated consultation with SHPO on July 9, 2020, and with the Chatham
County Historical Association (CCHA) on August 10, 2020 to solicit comments on the proposed project. CCHA identified concerns regarding a potential
early-1 800s grave -site or cemetery on a portion of the property associated with the Minter family. The suspected cemetery location was on parcel 11371 ,
located approximately 0.46-miles north of the proposed jurisdictional impact location and located outside of the project limits. Based on the distance from
proposed impacts and location outside of the project limits, it is the opinion of Timmons Group that this is outside of the 404 permit area of potential
effect.
Although beyond the 404 APE, additional information regarding the investigation is provided below to aid in review. A letter obtained from the current
landowner, a descendant of the Minters, was provided to both offices attesting to no known gravesites formerly or currently on the property. CCHA
confirmed receipt of the letter and expressed they would like to see an on -site cultural resources investigation completed at the property if possible.
SHPO replied on August 26, 2020 stating no archaeological sites have been recorded within the project area; however, due to the information provided
by CCHA, they recommend reconnaissance by an experienced archaeologist. Based on the information provided by the current landowner, an on -site
investigation will not be pursued. Additionally, SHPO determined the proposed project will have no effect historic structures.
Construction Drawings for the project site will contain the requirement that if a grave and/or human remains are discovered during construction, all
construction activities will halt and SHPO and the County medical examiner will be contacted immediately.
A copy of the SHPO Consultation request, including the Minter Property No Graves letter, and a copy of SHPO's Response are included in Appendix E.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 1 00-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?
FEMA FIRM panel 3710967800L (effective 11/17/2017)
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 hem to attach document
2024.04.11ePCN Attachments PackageFINAL (reduced).pdf 42.36MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
The project proponen hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
The project proponentt hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period oftime.
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:
Kate Hefner
Signature
WeRr"INIM
Date
4/11/2024
a