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HomeMy WebLinkAbout20160173 Ver 1_401 Application_20160223 Page 1 of 11 PCN Form – Version 1.3 December 10, 2008 Version Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification – Express Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: Apex Summit Church 2b. County: Wake 2c. Nearest municipality / town: Apex 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: BCP Lufkin LLC 3b. Deed Book and Page No. 014251/02628,016256/00689,016244/00532,016244/00532 3c. Responsible Party (for LLC if applicable): Benjiman Whited 3d. Street address: 4000 West North St 3e. City, state, zip: Raleigh, NC 27603 3f. Telephone no.: (919) 239-4195 3g. Fax no.: 3h. Email address: ben@brookwoodcp.com Page 2 of 11 PCN Form – Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jay Keller 5b. Business name (if applicable): Keller Environmental 5c. Street address: 7921 Haymarket Lane 5d. City, state, zip: Raleigh, NC 27615 5e. Telephone no.: (919) 749-8259 5f. Fax no.: (919) 803-0970 5g. Email address: jay@kellerenvironmental.com Page 3 of 11 PCN Form – Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0751272686,0751270856,0751179766,0751179458 1b. Site coordinates (in decimal degrees): Latitude: 35.721803 Longitude: - 78.82380 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 8.30 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Middle Creek 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Neuse 3. Project Description 3a. 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 forested primarily with mixed pine/hardwood. The general land use in the vicinity of the project consists of residential, businesses, and forested areas. Please refer to the attached USGS, Wake County Soil Survey, and Apex Summit Church 2013 TopoAerial Maps for more information on the project setting. 3b. List the total estimated acreage of all existing wetlands on the property: 0.02 Acre 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 180 Linear Feet 3d. Explain the purpose of the proposed project: The purpose of the project is to develop the property with parking lot, water and stormater infrastructure necessary to provide building area for a church center. 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of an approximately 45,000 sq. ft. building including parking lot, water and stormwater infrastucture to be constructed. Standard earth-moving equipment (i.e., graders, excavators) will be utilized. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: DWR stream determination conducted 1-26-16. Yes No Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Jay Keller Agency/Consultant Company: Keller Environmental Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. January 28, 2016 DWR stream determination letter. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes No Unknown 5b. If yes, explain in detail according to “help file” instructions. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. Page 5 of 11 PCN Form – Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams - tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number – Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 2f. Area of impact (acres) W1 P T Fill Headwater Yes No Corps DWQ .02 W2 P T Yes No Corps DWQ W3 P T Yes No Corps DWQ W4 P T Yes No Corps DWQ W5 P T Yes No Corps DWQ W6 P T Yes No Corps DWQ 2g. Total wetland impacts 904 SF (0.02 Ac.) 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P T PER INT Corps DWQ S2 P T PER INT Corps DWQ S3 P T PER INT Corps DWQ S4 P T PER INT Corps DWQ S5 P T PER INT Corps DWQ S6 P T PER INT Corps DWQ 3h. Total stream and tributary impacts 0 3i. Comments: Page 6 of 11 PCN Form – Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number – Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 P T O2 P T O3 P T O4 P T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 7 of 11 PCN Form – Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? Neuse Tar-Pamlico Other: Catawba Randleman 6b. Buffer impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 P T Stormwater Outlet UT to Middle Creek Yes No 1,500 1,000 B2 P T Yes No B3 P T Yes No 6h. Total buffer impacts 1,500 1,000 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Eastern sewer line was placed upstream of intermittent stream origin. Retaining walls and BMPs were placed in locations to minimize stream, wetland & riparian wetland areas impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion control devices & tree protection fences will be heavily utilized in these Herndon (easily-disturbed) soils to protect environmental areas of concern. 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 yes, mitigation is required by (check all that apply): DWQ Corps 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 8 of 11 PCN Form – Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: warm cool cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 9 of 11 PCN Form – Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 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 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 67 % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The stormwater management plan has been preliminarily approved and is being finalized currently by the Town of Apex staff. Sand filters will be utilized to treat the on-site stormwater then discharged through the riparian buffers to the intermittent stream on the east-side of the site. 2e. Who will be responsible for the review of the Stormwater Management Plan? Certified Local Government DWQ Stormwater Program DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? Town of Apex 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No Page 10 of 11 PCN Form – Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. If you answered “yes” to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: Yes No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 2b. Is this an after-the-fact permit application? Yes No 2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered “no,” provide a short narrative description. Future impacts are not anticipated since this a single/complete project. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. On-site wastewater will go to Town of Apex wastewater collection system. An existing sewer line is on-site. Page 11 of 11 PCN Form – Version 1.3 December 10, 2008 Version 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 Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Fish & Wildlife; NC Natural Heritage Databases. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://ocean.floridamarine.org/sa_efh/. Essential fish habitat is not located near the proposed 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC SHPO Database 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Floodmaps Jay Keller Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) February 22, 2016 Date