HomeMy WebLinkAbout20240705 Ver 1_ePCN Application_20240517DW 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# *
20240705 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
la. Name of project:
Southerland Mills
la. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
dshirley@sandec.com
Date Submitted
5/17/2024
Nearest Body of Water
Neuse River
Basin
Neuse
Water Classification
WS-IV:NSW
Site Coordinates
Latitude:
35.605602
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:
-78.349755
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas
1c. Primary Contact Phone:*
(919)846-5900
$570.00
$767.00
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):
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
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
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:
Capital Properties of Raleigh IX, LLC
2b. Deed book and page no.:
DB: 06306 DP: 0402
2c. Contact Person:
Andy Mills
2d.Address
Street Address
4112 Blue Ridge Rd
Address Line 2
Suite 210
City State / Province / Region
Raleigh NC
Postal / Zip Code Country
27612 USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(910)233-8581
2g. Email Address:*
andy@shenandoahhomes.us
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
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:
(919)846-5900 (919)846-9467
4f. Email Address:*
dshirley@sandec.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Wilson's Mills
2. Proiect Identification
2a. Property Identification Number:
169701-57-0173
2c. Project Address
Street Address
Southerland Road
Address Line 2
city
Wilson's Mills
Postal / Zip Code
27527
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Neuse River
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.
030202011104
4. Project Description and History
2b. Property size:
+/- 214.79
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 onsite consists primarily of forested and cut land. Specifically, there are ten (10) wetland features (i.e. WA, WB, WC, WD, WE, WF, WG, WH, WI and WJ), seven (7)
streams (i.e. SA, SB, SC, SD, SE, SF, and SG) and one (1) pond feature (i.e. PA) located on property. The offsite forcemain has two (2) wetland features (W1 & W2) and one (1) stream
(A) as identified on the S&EC Offsite Sketch Map. General land use in the vicinity of the project consists of forested land and residential developments. Southerland Rd bounds the
property to the south and Fire Department Rd bounds the property to the east. The Neuse River bounds the property to the Northeast.
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 18.29 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 9,045 linear feet
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a residential development and its necessary infrastructure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project consists of the construction of a single-family residential development (388 lots) including but not limited to; roadway infrastructure, residential lots, utilities, pool,
amenity area, SCMs and an offsite Forcemain connection. Specifically, there are stream, wetland and riparian buffer impacts associated with road crossings and fill needed fora drainage
system. 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-2021-02386
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Lisa Long
Agency/Consultant Company: Spangler Environmental, Inc
Other: Offsite forcemain delineated by Steven Ball (S&EC)
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Onsite-
USACE: PJD issued on March 4, 2022 by Chris Hopper.
NDWR: Buffer determination issued by Joe Myers on November 22, 2021 (NBRRO# 21-347).
Offsite-S&EC completed a delineation from the proposed site along Southerland Road and Fire Department Road, until the intersection of Harrison Road. S&EC sketch map included,
riparian buffers were not contested on the one stream A.
6. Future Project Plans
6a. Is this a phased project?*
Yes 0 No
6b. If yes, explain.
Per the project engineer - This project will be constructed in 4 phases, all phases included in this application submittal.
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 Buffers
Open Waters Pond Construction
2. Wetland Impacts
O
Impact 2B
2a1 Reason (?)
Fill/drainage system
2b. Impact type* (?)]2c.
P
Type of W. *
Headwater Forest
2d. W. name
�WA
2e. Forested*
Yes
2f. Type of Jurisdicition *
(?)
Both
2g• Impact
area *
0.039
(acres)
Impact 2A
Road Fill
P
Headwater Forest
WI
Yes
Both
0.030
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.069
2i. Comments:
Total permanent loss wetland = 0.069 acres
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.069
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
❑
M
Jurisdiction*
liength*
S1
Impact 1- Road Crossing
Permanent
Culvert
Stream F
Perennial
Both
124
Average (feet)
(linear feet)
Sp
Impact 1- Road Crossing -
Permanent
Other
Stream F
Perennial
Both
3
40
Permanent No Permanent
Average (feet)
(linear feet)
Loss- Riprap dissipator pad
S3
Impact 1- Road Crossing -
Temporary
Other
Stream F
Perennial
Both
2
14
Temporary construction
access
Average (feet)
(linear feet)
gq
Impact 2A- Road Crossing
Permanent
Culvert
Stream A
Perennial
Both
129
Average (feet)
(linear feet)
S5
Impact 2A- Permanent No
Permanent
Other
Stream A
Perennial
Both
EEI-
3i.
Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
307 14
3i. Total stream and ditch impacts:
321
3j. Comments:
Total permanent loss stream = 253 LF (0.015 acres); Total permanent -no permanent loss stream = 54 LF (0.003 acres); Total temporary stream = 14 LF
(0.0007 acres)
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Impact 1 - Road Crossing
P
Stream F
No
8,157
5,355
Impact 2A - Road Crossing
P
Stream A
No
8,660
5,798
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
6i. Comments:
Zone 1 Zone 2
0.00 0.00
Zone 1 Zone 2
16,817.00 11,153.00
Zone 1 Zone 2
16,817.00 11,153.00
E. Impact Justification and Mitigation
0
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
An onsite wetland delineation and Neuse River Buffer evaluation for the entire property was completed by a different consulting firm in order to identify
natural resources so that impacts could be avoided and minimized to the maximum extent practicable. Additionally, an offsite wetland and Neuse Buffer
evaluation was completed by S&EC for the proposed Forcemain. Proposed onsite impacts include two road crossings and one area of wetland fill
needed for a drainage system. Impact 1 is a proposed road crossing. Proposed impacts include permanent (i.e. culvert & headwalls), permanent -no
permanent loss (i.e. riprap dissipator) and temporary (i.e. construction access) stream impacts and associated riparian buffer impacts. This road
crossing is necessary to provide access to the northwestern portion of the property. Stream and riparian buffer impacts have been minimized by utilizing
head walls and retaining walls at the crossing, and by designing the crossing at a near perpendicular angle. Impact 2A is proposed road crossing.
Proposed impacts include permanent (i.e. culvert & headwalls) and permanent -no permanent loss (i.e. riprap dissipator) stream impacts, permanent
wetland impacts and associated riparian buffer impacts. This road crossing is necessary to provide access from the existing Hazel Street and is required
by Wilson's Mills. Stream, wetland and riparian buffer impacts have been minimized by utilizing a head wall and retaining walls at the crossing. Impact
2B is proposed fill for a drainage system. Proposed impacts include permanent wetland loss. This impact is necessary to install a drainage system for
the propose of conveying the street drainage around the wetland and the retaining wall in order to get enough cover to get it to a discharge point so it
can flow into a vegetative swale prior to reaching the stream buffer. Wetland impacts have been minimized by utilizing a retaining wall. Stream and
wetland impacts have been avoided for the offsite Forcemain by utilizing directional drill construction method. A pump around will be used during the
construction of the road crossings to avoid/minimize sedimentation getting into the streams.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Per the project engineer - During the construction of the proposed impacts, cofferdams, pump around systems and silt fencing will wrap the wetlands.
Offsite, the forcemain will be installed via directional drill construction method.
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 stream impacts are less than 0.02 acres, 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
1a. 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
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Wilson Mills
Comments:
Wet detention basins designed per Johnston County Specifications will be utilized. This project is considered low density due to the impervious coverage aUbelow 24 % .
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
0
a
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 Southerland Mills project is a residential development. Additionally, the project is located within the Wilson's Mills 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 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.
All units will be served by Johnston County Public Sewer and all wastewater will be treated at a Johnston County Public wastewater Treatment Plant.
The estimated capacity is 9.5 million gallons per day.
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 14, 2022. S&EC received response from USFWS on April 5, 2022 that they concurred with the determinations made by S&EC that the
proposed actions 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
and correspondence from USFWS.
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? *
S&EC completed a SHPO Environmental Review Request and submitted it on January 31, 2022. SHPO provided a response letter on March 3, 2022
(ER-22-0441).
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_Southerland Mills.pdf 28.46MB
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
Oevw, ; c9 t/F�
Date
5/17/2024