20240549 Ver 1_ePCN Application_20240411

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
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 Versiorl
20240549 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:
RIVER MEWS
1 a. Who is the Primary Corl
S&EC, INC. - B. Zarzecki
1 b. Primary Contact Eni
[e-mail]
Date Submitted
4/11/2024
Nearest Body of Water
Neuse River [Stream Index No. 27-(38.5)]
Basin
Nauss
Water Classification
WS-IV;NSW
Site Coordinates
Latitude:
35.65113
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Johnston
Is this a NCDMS Project
Yes No
Longitude:
-78.41184
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Joseph Myers.,joseph.myers
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 PCN 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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:
Clayton 42 Properties LLC
2b. Deed book and page no.:
Book 06500 Page 0022
2c. Contact Person:
Anne Behrendt & Andrew Levin
2d. Address
Street Address
7803 Glenroy Road
Address Line 2
Suite 200
city State Province Region
Minneapolis MIN
Postal / Zip Code Country
55439-3126 USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Bob Zarzecki
4b. Business Name:
Soil & Environmental Consultants, Inc.
4c. Address
Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 104
city
State Province Region
Raleigh
NC
Postal / Zip Code
Country
27615
USA
4d. Telephone Number: 4e. Fax Number:
[phone] [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:
Clayton
2. Proiect Identification
2a. Property Identification Number:
05JO5001 D; 05104199Q
2c. Project Address
Street Address
1603 & 0 NC Hwy 42
Address Line 2
city
Clayton
Postal / Zip Code
27527
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Neuse River [Stream Index No. 27-(38.5)]
3b. Water Resources Classification of nearest receiving water:
WS-IV;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.
030202011103
4. Project Description and History
2b. Property size:
265.85
State / P—Ince / 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:*
The main parcel being (Parcel ID 05JO5001 D) is +1- 138.9 ac in size and bordered on the north and east by the Neuse River and south by Hwy 42. This property has an existing
residence/mansion and multiple outbuildings, guest houses, barns and various other buildings. The property has been used as a horse farm. The previous ownerexpanded an existing
pond and then later drained and filled in the pond create a grass field in the original location and installing a culvert to convey a stream through the drainage. All ofthis work, as well as
other paved roads and activities within streams and Neuse Buffers were performed by the previous owner without obtaining any authorizations from the NC Division ofWater Resources
(DWR) or U.S. Army Corps of Engineers (USACE). The current owner notified both the DWR and USACE of these activities, met with DWR and USACE on property, and is currently in the
process of working through a violation resolution and stream and Neuse Buffer restoration plan with both agencies. The location of the stream restoration through the filled pond drainage
has been accounted for in the proposed development plans and is depicted on the attached impact maps. It should be noted that this application is not asking for an after -the -fact
verification for any of the previously impacted areas. Those areas are proposed to be restored per the restoration plans submitted to the DWR and USACE and currently under review.
The second parcel (Parcel ID 05JO5001 D) included in this development plan is to the west of the horse farm property and is +/- 126.95 acres in size. This parcel is entirely wooded
including a mesic mixed hardwood forest and other forest types.
Surrounding land uses include the Caterpillar CMDC heavy equipment facility to the west, Riverwood Golf Course community on the other side of the Neuse River to the north, Glen Laurel
apartment community and mixed use retail development to the south.
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:
3.76
4g. List the total estimated linear feet of all existing streams on the property:
13,238
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a residential subdivision.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project includes the construction of both single family homes and townhomes, as well as the associated neighbor streets, utilities and stormwater control measures (SCMs).
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No G 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-2022-02012
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Chris Hopper/ Bob Zarzecki
Agency/Consultant Company: USAGE/S&EC
Other: Josh Brigham (NCDWR)
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
SAW-2022-02012 = field verified by Chris Hopper on 3/31/2022; JD Request (attached) currently in for processing with Matt Martin
NBRRO#22-133 = onsite determination by Josh Brigham on 4/21/2022, buffer letter 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?
A portion of the property to the southwest may be transferred to the Town of Clayton for a future park, but no impacts to WOTUS or Neuse Buffers are known at this time. Access to the
property will be provided from upland areas, so impacts may not be necessary for future park development.
D. Proposed Impacts Inventory
1. Impacts Summary
11 a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
8
2al Reason (?) 2b. Impact type* (1) pe of W. 2f. Type of Jurisdicit 2g. Impact
(?) area

0.080
road crossing —1P rest W1 F�--] (acres)
F--Jrltary se T lf;��st ]�l ]E��]B.tlh
2g. Total Temporary Welland Impact
0.002
2g. Total Welland Impact
0.082
21. Comments:
3. Stream Impacts
2g. Total Permanent Wetiand Impact
0.080
3a. Reason for impact
imp
3e. Stream Type*
X Type of
3h.gi
F
��name
M
Jurisdiction
len
B - road crossing
Culvert
Stream C
Both
B - road crossing
Workpad/Causeway J
Stream C
Both
B - riprap dissipater
Rip Rap Fill J
Stream C
Both
D - sanitary sewer
Other
Stream I
Both
E - road crossing
—]
Culvert J
Stream H
Both
E - road crossing
Workpad/Causeway J
Stream H
Both
E - riprap dissipater
Rip Rap Fill
Stream H
Both
F - road crossing
Culvert J
Stream B
Both
F - road crossing
Workpad/Causeway J
Stream B
Both
�17=
Rip Rap Fill ]
Stream B
Both
3i. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
426
31. Total stream and ditch impacts:
508
31. Total temporary stream impacts:
82
3j. Comments:
Total permanent impacts to streams resulting in a loss (S1, S5 & S8) equal 338 If. All other stream impacts are either temporary or permanent, no
permanent loss as described above and depicted in the attached impact maps.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
0 Nauss
E) Catawba
0 Goose Creek
E—j Other
I— Tar -Pamlico
U Randleman
0 Jordan Lake
16b. Impact Type
16c. Per or Temp
�Stream name 116e.
Buffer mitigation
16f. Zone I impact ]16g.
Zone 2 impact
- road crossing
P
Strearn C
iYes
1 11,384 1
-- I�B
9FO26
C - sanitary sewer (aerial)
F
FStream F
No
1,873
1,246
ID - sanitary sewer (aerial)
P
Etrearn A
lNo
1,969
1,255
�E - road crossing
P
Strearn H
No
F �17,086
�5,072

FF- ,—ad ,,,,ig P Strearn B iNo �17,398 E,634
6h. Total buffer impacts:
Zone I Zone 2
Total Temporary impacts: 0.00 0.00
Zone I Zone 2
Total Permanent impacts: 29,710.00 22,233.00
Zone 11 Zone 2
Total combined buffer impacts: 29,710.00 22,233.00
6i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to designing the subdivision the applicant hired S&EC to delineate all potentially jurisdictional streams, wetlands, waters and Neuse Buffers. The
applicant then worked with their engineers and designers to avoid all of these regulated resources and to minimize impacts where avoidance was not
practicable. Road and utility crossings were designed to cross perpendicular to the streams and in locations with as little stream meanders as possible to
minimize stream loss. Headwalls and retaining walls are proposed to further minimize impacts to the streams and Neuse Buffers.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The development will obtain an erosion and sediment control plan from the Town of Clayton to protect retained resources and downstream waters during
construction. Additionally a post -construction stormwater managment plan included multiple SCMs will be obtained from the Town of Clayton to protect
these waters into the future.
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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached
Yes No
4b. Stream mitigation requested:
(linear feet)
676
4d. Buffer mitigation requested (DWR only):
(square feet)
47,691
4f. Non -riparian wetland mitigation requested
0
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
0
4g. Coastal (tidal) wetiand mitigation requested:
0
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
8
Ba. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
6b. If yes, then identify the square feet of impact.
��Reaison for impact 6d. Total impact (square Multiplier Required mitigation
feet) uare feet)

Fone 1 1/3 acre 1 11,384 �F4,152 I
Zone 2 road crossing > 1/3 acre 9,026 1.5 13,539
6f. Total buffer mitigation required
47691
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6j. Comments:
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
Ia. 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 11 NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Clayton, NC
Comments:
G. Supplementary Information
1. Environmental Documentation
Ia. Does the project involve an expenditure of public (federal/statellocal) 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 Wateror Wetiand Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
Yes No
2b Provide an explanation of the violation(s):
DWR NOV-2022-PC-0406 - See existing conditions section above. The applicant is working with the USACE and DWR to resolve past violations
conducted by the previous owner. No impacts requested within this application are associated with those past impacts, no after -the -fact permits are
requested, and the restoration areas have been set aside in the development plan. The violation resolution is currently under review by both the USACE
and DWR. No permits will be needed for the proposed restoration efforts.
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 project is a residential development consistent with surrounding residential developments and is not anticipated to result in additional development
which could impact nearby downstream water quality. Adequate regulations are in place to protect downstream water quality for any adjacent
developments that might be proposed by others.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No NIA
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. Ifthe wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Wastewater from the development will be discharged to and treated by the Town of Clayton sanitary sewer system. The Town of DEQ will ensure that
adequate sewer capacity exists prior to development approval and issuances of certificate of occupancies.
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
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
Unknown
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 T&E Report and USFWS concurrence. We understand that the permit will be conditioned with the standard Tricolored Bat conditions. The
applicant anticipates clearing any trees outside of the pup season and predominately during inactive months (Oct -Mar) and will do so in compliance with
any FWS requirements.
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-EFH Mapper; the project is located within the piedmont region of NC far from any EFH areas
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?
See attached SHPO concurrence
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?*
While floodplains exist on the properties, no development is proposed in the floodplain areas. The applicant will confirm this with the Town and FEMA as
needed.
Miscellaneous 8

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
River Mews (S&EC 15230)—PCN Attachments llApr2024.pdf 50.77MB
File must be PDF or KMZ
Comments
Attachments = Agent authorization, USGS map, soil map, buffer letter, JD request, impact maps, DIAS letter, T&E report & USFWS concurrence, SHPO concurrence.
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 Acf');
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:
S&EC, Inc. - Bob Zarzeck!
Signature
IWW! 0& - AOZ"..V
Date
4/11/2024
a