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HomeMy WebLinkAbout20180851 Ver 1_401 Application_20180617Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 6/17/2018 5:15:51 PM (Start Event) Accept by Montalvo, Sheri A 6/20/2018 10:39:29 AM (Non DOT Initial Review) The task was assigned to Montalvo, Sheri A. The due date is: June 21, 2018 5:00 PM 6/17/2018 5:17 PM DWR Division of water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govMaterResources/0/edocl6247041PCN%20Help%20File%202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Wake Is this project a public transportation project?* f Yes f• No This is any publicly funded by nunicipal,state or federal funds road, rail, airport transportation project. 1a. Type (s) of approval sought from the Corps:* V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* IJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits. All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form. Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Number Other: List all IWV nurrbers you are applying for not on the drop down list. 1c. Type(s) of approval sought from the DWR:* check all that apply IJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express F Non -404 Jurisdictional General Permit IJ Riparian Buffer Authorization r Individual Permit * 1d. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: O Yes O No For the record only for Corps Permit: O Yes O No 1e. 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 f Yes C No 1f. Is the project located in anyof NC's twentycoastal counties?* r Yes C No 1h. Is the project located in a designated trout watershed?* f Yes f• No Link to trout information: http://vmw.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Sean Clark 1b. Primary Contact Email:* SClark@SageEcological.com 1c. Primary Contact Phone:* (XXX)XXX-XXXX (919)559-1537 1d. Who is applying for the permit? ❑ Owner V Applicant (other than owner) r- Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: Wayne M. Beavers / NGB Properties, LLC 2b. Deed book and page no.: 015257,01510 2c. Responsible party: (for Corporations) 2d. Address Street Address 2932 Green Level West Road / 2216 Donny Brook Road Address Line 2 City State/ Province/ Region Cary / Raleigh NC Postal / Zip Code Country 27519 / 27603 2e. Telephone Number: (XXX)XXX-XXXX 2f. Fax Number: (XXX)XXX-xxxx 2g. Email Address:* sbankssharon@bellsouth.net 3. Applicant Information (if different from owner) 3a. Applicant is: O Agent f• Other Buyer/Developer If other please specify. 3b. Name: Bill Harrell 3c. Business Name: (if applicable) Hopper Communities 3d. Address Street Address 173 Paraggi Court Address Line 2 aty Clayton Fbstal / Zip Code 27527 3e. Telephone Number: (919)618-9929 (XXX)XXX-XXXX Fax Number: (x)x)xxx-xxxx 3g. Email Address:* bharrell@hoppercommunities.com ......... .................... State / Province / Fbgion NC Country Johnston C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* The Village at Lake Wheeler 1b. Subdivision name: (if appropriate) The Village at Lake Wheeler 1c. Nearest municipality/ town:* Fuquay-varina 1d. Driving directions* If it is a new project and can not easily be found in a CPS rrapping system Please provide directions. The proposed Village at Lake Wheeler (Project) involves the development of a 44.8 -acre assemblage partially bounded on the east by Lake Wheeler Road and to the south by the future 1-540 corridor. The Project is located in southern Wake County at a point immediately northwest of Lake Wheeler Road and immediately south of Cross Timber Lane. 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 0689-36-6682;0689-37-8090;0689-46-1609;0689-47-0903 2b. Property size: (in acres) 44.8 2c. Project Address Street Address 0, 8536, & 8600 Lake Wheeler Road Address Line 2 aty State/ Province/ Region Fuquay-Varina NC Postal / Zip Code Country 27603 Wake 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.6663° N -78.7173° E ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Mills Branch 3b. Water Resources Classification of nearest receiving water:* C; NSW Surface Water Lookup 3c. What river basin(s) is your project located in?* Neuse River Basin Lookup 4. Project Description 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 Site is mostly comprised of a large agricultural field. Three separate houses on the Site with several outbuildings are located along the eastern Lake Wheeler Road portion. Wooded areas composed of mixed pine and hardwood species are located along the western edge and northeast corner of the Site. Approximately 13 acres of the Site is forested. 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Qick the upload button or drag and drop files here to attach document Figure1 - USGS.pdf 1.07MB File type must be pdf 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) nick the upload button or drag and drop files here to attach document Figure2 - Soils.pdf 1.66MB File type must be pdf 4d. List the total estimated acreage of all existing wetlands on the property: +/- 3.5 acres 4e. List the total estimated linear feet of all existing streams on the property: (internittent and perennial) +/- 25 LF 4f. Explain the purpose of the proposed project:* The purpose of the proposed project is to construct a residential subdivision and associated utilities to meet the demand in this area of Wake County. 4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The overall project is a 44 -lot single-family residential subdivision with residential streets and utilities that will connect to eiasting adjacent streets and utilities. The proposed impacts result from the construction of a stormwater wetland BMP located further up the drainage from an eAsting culverted utility crossing. Heavy equipment typically used for utility installation projects (e.g. back hoes, bull -dozers, etc) will be utilized. 4h. Please upload project drawings for the proposed project. Click the upload button or drag and drop files here to attach docurrnnt File type must be pdt 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* f• Yes f No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Unknown r N/A Corps AID Number: Example: SAW -2017-99999 SAW -2017-01069 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Sean Clark Sage Ecological Services, Inc. 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A wetland and stream delineation was completed in 2017 and the delineation approved by Mr. James Lastinger of the USACE during a field visit. A preliminary jurisdictional determination (SAW -2017-01069) was issued on August 16, 2017. The determinations made by Mr. Lastinger are reflected on the attached impact maps. A buffer determination letter (NCDWR project RRO #17-128) was issued by Mr. Rick Trone of the NCDWR on May 12, 2017. 5dl. Jurisdictional determination upload Click the upload button or drag and drop files here to attach document PJD (SAW -2017-01069) for Lake Wheeler Parcels.pdf 587.92KB File type mist be Ft7F 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* f Yes C No f Unknown 7. Future Project Plans 7a. Is this a phased project?* f Yes C 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): V Wetlands V Streams -tributaries rJ Buffers r Open Waters r` Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Site # - Reason for impact* 2b. Impact type * 2c. Type of wetland * W1 P Bottomland Hardwood Ivbp label (e.g. Fbad Crossing 1 - Culvert, Perrrenent (F) or Forest dewatering, etc) Temporary (T) W2 T Bottomland Hardwood Nbp label (e.g. Finad Crossing 1 - Culvert, Fern -anent (F') or Forest dewatering, etc) Temporary (T) 2g. Total Temporary Wetland Impact 0.010 2g. Total Permanent Wetland Impact 0.070 2g. Total Wetland Impact 0.080 2d. Wetland name *2e. 2f. Type of 2g. Impact Forested* Jurisdicition* area* WA Yes Both 0.070 Intermittent (404, 10) or DAR (401, (acres) Permanent (F� or other) WA Yes Both 0.010 (404, 10) orDAR (401, (acres) Intermittent other) Nbp label (e.g. Fvad Crossing 2h. Comments: Impact W2 is a proposed temporary clearing impact required to place machinery for construction. 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. Reason for impact*3b.lmpact 3c. Type of impact*3d. Stream name* 3e. Stream 3f. Type of 5 4 type * Type * Jurisdiction S1 culvert replacement T Other UT to Mills Branch Intermittent Both Ivbp label (e.g. Finad Crossing Permanent (F� or Perennial (F$:� or 1) Temporary (T) intermttent (INT) S2 culvert extention P Culvert UT to Mills Branch Intermittent Both Nbp label (e.g. Fvad Crossing Permanent (F' or Perennial (F$P� or 1) Terrporary (T) intermittent (INT) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 5 3i. Total temporarystream impacts: 5 3i. Total stream and tributary impacts: 10 3j. Comments: 3g. Stream 3h. Impact s width* length* 9 5 4 Average (linear feet) 5 (feet) 10 5 5 Average (linear feet) 0 (feet) The 10 LF impact results from the widening of shoulders along Lake Wheeler Road which is needed to comply with current design standards. The stream being impacted is a straightened but naturalized ditch. Impact S1 will be required for construction during the replacement of the eAsting pipe. Impact S2 will be permanent in order to lengthen the culvert to increase the shoulder width and comply with current roadway standards. Since the total permanent stream impact is well below 150 LF, no stream mitigation is proposed for this project. 6. Buffer Impacts (for DWR) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below 6a. Project is in which protect basin(s)?* Check all that apply. rJ Neuse r Tar -Pamlico r- Catawba r Randleman r Goose Creek r Jordan Lake r Other ........................... 6b. Impact Type * 6c. Per or 6d. Stream name * 6e. Buffer mitigation 6f. Zone 1 6g. Zone 2 Temp* required?* impact* impact* B1 allowable P UT to Mills Branch No 0 169 Location and Exenpt, Allowable, allowable w/ Permanent (P) or (square feet) (square feet) mitigation Temporary (T) B2 allowable P UT to Mills Branch No 206 0 Location and Exempt, Allowable, allowable w/ Permanent (P) or (square feet) (square feet) nitigafion Tenporary (T) B3 allowable P UT to Mills Branch No 489 0 Location and Exempt, Allowable, edlowable w/ Permanent (P) or (square feet) (square feet) nitigation Temporary (T) B4 allowable P UT to M ills Branch No 0 780 Location and Exempt, Allowable, a lovable w/ Permanent (P) or (square feet) (square feet) rritigation Temporary (T) B5 allowable P UT to Mills Branch No 18 0 Location and Exempt, Allowable, allowable w/ Permanent (P) or (square feet) (square feet) mitigation Temporary (T) B6 allowable P UT to Mills Branch No 35 0 Location and Exempt, Allowable, allowable w/ Permanent (P) or (square feet) (square feet) mitigation Tenporary (T) 6h. Total buffer impacts: ........................................ Zone 1 Zone 2 Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Permanent impacts: 748.00 949.00 Zone 1 Zone 2 Total buffer impacts: 748.00 949.00 61. Comments: Supporting Documentation - i.e. Impact Maps, Plan Sheet, etc. Qick the upload button or drag and drop files here to attach docurrent NCDWR Buffer Determination Letter (RRO #17-128) for Lake Wheeler Parcels.pdf 3.6MB 01 Overall Impact Map -REV 051018.pdf 686.93KB 02 Culvert - Ex Conditions.pdf 492.47KB 03 Culvert - Proposed Impacts -rev 051018.pdf 652.76KB 04 Mass Grading - Ex Conditions.pdf 289.64KB 05 Mass Grading - Proposed Impacts -rev 051018.pdf 417.24KB 06 Pond Outlet - Ex Conditions.pdf 299.61 KB 07 Pond Outlet - Proposed Impacts -Rev 051018.pdf 403.9KB File mist be RDF E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* Jurisdictional areas on the site were designed around to avoid unnecessary impacts. Proposed subdivision roads were aligned so as to completely avoid impacts. Lot layouts were reconfigured to require less wetland fill than originally proposed. Stormwater BMPs were located on the site so as to provide hydrologic input into the jurisdictional wetland areas while avoiding permanent impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing and temporary basins will also be used to prevent sediment runoff into the streams and wetlands. 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? f Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Proposed permanent wetland impacts have been minimized to be less than 0.1 acre. Permanent stream impacts total only 5 LF and riparian buffer impacts are considered "allowable". F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the INC Riparian Buffer Protection Rules? r Yes r No 1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. What type of SCM are you providing? Level Spreader r Vegetated Conveyance (lower SFWF) r Wetland Swale (higher SHWT) W Other SCM that removes minimum 30% nitrogen (check all that apply) For a list of options to meet the diffuse flow requirements, click here. Diff us Flow Documentation Click the upload button or drag and drop files here to attach docunent File type rust be FDF 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? f Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* f Yes f• No To lookup low density requirement click here 15A NCAC 02H.1003(2) 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?* r Yes f No Hnt: projects that have vested rights, exemptions, or grandfathering from state or locally implemented storrwater programs or projects that satisfy state or locally-inplerrented stormwater programs through use of community in -lieu programs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):* V Local Government F State Local Government Stormwater Programs* rJ Phase II r- NSW r- USMP r- Water Supply Please identifywhich local government stormwater program you are using.* Fuquay-Varina G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* f Yes r 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)? * r Yes r No 2b. Is this an after -the -fact permit application?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* f Yes r No 3b. If you answered "no," provide a short narrative description. No additional infrastructure will be added to the region to facilitate additional growth as a result of this project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR forth is project?* r Yes r Nor 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?* f Yes b No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* f Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8?* f Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? f Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/130-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?* f Yes r 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Data Base (2017) was referenced and a report received from NCNHP (attached) identified no recorded federally listed species on the project site or within a 1 -mile radius. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* f Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The proposed project takes place in Wake County which is not near any coastal or tidal habitat that would support EFH (i.e. salt marshes, oyster reefs, etc.). 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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)?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Records check at the State Historic Preservation Office or the Office of State Archeology was not performed. The HPOWEB GIS mapping service was accessed on December 21, 2017. One DOE Boundary (Determined Eligible Historic District listing), The John B. Strain House, is present within the site limits. The John B. Strain House (WA1236 & WA126) is a Mid -19th Century Greek Revival located in the southeastern corner of the site along Lake Wheeler Road. A phase 1 archaeological survey has been completed on the site and a report has been submitted to NCDCR. Additionally, discussions have been initiated with NCSHPO as to the fate of the John B. Strain House, however a final resolution has not been made. 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drop files here to attach docurrent File mist be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r^ Yes r No 8c. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System (http://fris.nc.gov/fris/Home.asp)?ST=NC) DFIRM Panel # 3720068800J, effective May 2, 2006. Miscellaneous Miscellaneous attachments not previously requested. Click the upload button or drag and drop files here to attach docurrent 1 - Cover Letter for Highland Forest.pdf 89.72KB 2 - Signed Agent Authorization Forms for Lake Wheeler Parcels.pdf 2.26MB NCNHP report for The Village at Lake Wheeler.pdf 835.24KB File rust be FDF or 1,aE Signature W By checking the box and signing below, I certify that: ■ 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:* Sean Clark Signature q G &Xpl Date Submitted: 6/18/2018 Initial Review Is this project a public transportation project?* (? f Yes r No Change only if needed. Has this project met the requirements for acceptance in to the review process?* r Yes f No BIMS # Assigned 20180851 Version#* Reviewing Office* Central Office - (919) 707-9000 Select Project Reviewer* Paul Wojoski:EADS\pavojoski Is a payment required for this project?* f No payment required r Fee received F Fee needed - send electronic notification What amout is owed?* r $240.00 f $570.00