HomeMy WebLinkAbout20181160 Ver 1_401 Application_20180817DWR
Dfutston 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.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30. pdf
A. Processing Information
County (or Counties) where the project is located:*
Durham
Is this project a public transportation project?*
r Yes G No
This is any publicly funded by rrunicipal,state or federal funds road, rail, airport transportation project.
1a. Type(s) of approval sought from the Corps:*
PF Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?*
r% 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 WV nun-bers you are applying for not on the drop dow n list.
1c. Type(s) of approval sought from the DWR:*
check all that apply
401 Water Quality Certification - Regular r 401 Water Quality Certification - Express
r Non -404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
*
1d. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
G Yes r No
O Yes a No
1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
V so, attach the acceptance letter from mitigation bank or in -lieu fee program
r Yes r No
1f. Is the project located in anyof NC's twenty coastal counties?*
r Yes r No
1h. Is the project located in a designated trout watershed?*
r Yes r No
Link to trout information: http://wuwv.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx
B. Applicant Information
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
dshirley@sandec.com
1c. Primary Contact Phone:*
(xxx)xxx-xxxx
(919)846-5900
1d. Who is applying for the permit?
r- Owner V Applicant (other than owner) V Agent/Consultant
(Check all that apply)
2. Owner Information
2a. Name(s) on recorded deed:
Robin R. Corkins
2b. Deed book and page no.:
6689;387
2c. Responsible party:
(for Corporations)
2d. Address
Street Address
5220 Wake Forest Hwy
Address Line 2
City
Durham
Rbstal / Zip Code
27703
2e. Telephone Number:
(XXX)XXX-XXXX
2f. Fax Number:
(X_XX)XM-XXXX
2g. Email Address:*
jpolite@eastwoodhomes.com
/ Province / Pegion
NC
Country
3. Applicant Information (if different from owner)
3a. Applicant is:
f Agent
C Other Developer
If other please specify.
3b. Name:
Joe Polite
3c. Business Name:
(if applicable)
Eastwood Homes
3d. Address
Street Address
2857 Westport Road
Address Line 2
aty State / Province / Region
Charlotte NC
Postal/Zip Code Country
28208
3e. Telephone Number:
(704)574-7877
(XXX)XXX-XXXX
Fax Number:
()=)XM -XX"
3g. Email Address:*
jpolite@eastv,foodhomes.com
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
(if applicable)
Soil & Environmental Consultants, PA
4c. Address
Street Address
8412 Falls of Neuse Rd., Ste. 104
Address Line 2
UY State / Province / Region
Raleigh NC
fbstal / Zip Code Country
27615
4d. Telephone Number:
(919)846-5900
(xxx)xxx-xxxx
4e. Fax Number:
(919)846-9467
(XXX)XXX-XXXX
4f. Email Address:*
dshirley@sandec.com
Agent Authorization Letter*
Rease provide the Agent Authorization Letter if you are submitting this docurrent.
AAF.pdf 202.79KB
RLElYR=M-STBERDF
C. Project Information and Prior Project History
1. Project Information
1a. Name of project:*
Dogwood Pointe
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
*
Durham
1d. Driving directions*
If it is a new project and can not easily be found in a GPS mapping system Reese provide directions.
Take 1-440 to Hwy 50, drive north on Hwy 50 to Hwy 98, drive west on Hwy 98 and project at 5220 Wake Forest Highway, Durham, NC.
2. Project Identification
2a. Property Identification Number:
(tax RN or parcel ID)
0860-01-29-1462
2b. Property size:
(in acres)
14.9 acres
2c. Project Address
Street Address
5220 Wake Forest Highway
Address Line 2
C7ty State/ Province / Region
Durham NC
Postal / Zip ( ode Country
27703
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:*
35.9738 -78.7910
ex: 34.208504 -77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
UT to Lick Creek
3b. Water Resources Classification of nearest receiving water:*
WS4V; 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:*
Existing conditions consist of a residential lot that is partially wooded, grassed and farming field. Originally the
parcel included a pond, adjacent wetlands and a wetland below the pond dam. The pond was drained and now a
wetland resides within the footprint of the drained pond. The adjacent wetland area remains, along with the
wetland that was below the pond dam. The general land use in the vicinity of the project is residential.
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)
Click the upload button or drag and drop files here to attach docurrent
USGS.pdf
File type rrust be pdf
257.49KB
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)
Click the upload button or drag and drop files here to attach docurrent
SS.pdf 637.5KB
File type rrust be pdf
4d. List the total estimated acreage of all existing wetlands on the property:
0.10 acres
4e. List the total estimated linear feet of all existing streams on the property:
(interaittent and perennial)
0
4f. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct the infrastructure necessary for a residential development.
4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The overall project consists of a multi -family residential development and the construction of roadway
infrastructure, utilities, multi -family lots, active open space and a stormwater BMP. Specifically, there are wetland
impacts associated with road fill and open space. Equipment typically used for construction and earthwork such as
backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
4h. Please upload project drawings for the proposed project.
Click the upload button or drag and drop files here to attach docurrent
1783 Impact Cover 11x17.pdf 218.85KB
1783 Preliminary Plat Plan.pdf 860.86KB
1783 Overall Index Plan_Existing Conditions.pdf 1.02MB
1783 Grading and Drainage Plan.pdf 1.1M13
1783 -0521 11x17-8-16-18.pdf 522.35KB
File type rrust be pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r 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:
Exarrple: SAM2017-99999
AID No. SAW -2018-00601, PJD package sent on 04/24/18
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Steven Ball/Dan McCauley
Soil & Environmental Consultants, PA
5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE- Ross Sullivan with the Corps verified jurisdictional areas on May 1, 2018 (PJD AID# SAW -2018-00601); NCDWR-Ray Milosh with
the NCDWR field verified the riparian buffers on August 3, 2017 (NBRRO #17-241)
5dl. Jurisdictional determination upload
Click the upload button or drag and drop files here to attach docurrent
DWR Buffer letter 2017.pdf 3.76MB
File type rrust be FDF
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
7. Future Project Plans
7a. Is this a phased project?*
r Yes r 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.
None to my knowledge
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
rJ Wetlands r Streams -tributaries r 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 * 2d. Wetland name *2e. 2f. Type of 2g. Impact
Forested* Jurisdicition* area*
1 -Road Fill P
Nbp label (e.g. Finad Grossing 1 - Culvert, Fbrrranent (P) or
dewatering, etc) Temporary (T)
2 -Open Space Fill P
Vbp label (e.g. Road Grossing 1 - Qilvert, F2rrranent (P) or
dewatering, etc) Temporary (T)
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.085
2g. Total Wetland Impact
0.085
2h. Comments:
Headwater Forest W1 Yes Both 0.065
(404, 10) or DhR(401, (acres)
other)
Non -Tidal Freshwater W2 No Both 0.020
Marsh (404, 10) orDhR(401, (acres)
other)
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:*
S&EC completed a wetland delineation and Neuse River Buffer evaluation for the property in order to identify
natural resources so that impacts could be avoided & minimized to the maximum extent practicable. Originally the
property included a pond and adjacent wetlands. The pond was drained with the attempt to minimize the area of
jurisdiction because of the small size of the property. Impact #1 is proposed wetland impacts for road impacts.
Total proposed impacts include 0.065 acres of permanent wetland fill. The City of Durham is requiring the
developer to connect to the existing stub on the property to the west. Per the project engineer, retaining walls are
not permitted to hold up a public right-of-way road. Impact #2 is proposed wetland impacts for open space. Total
proposed impacts include 0.020 acres of permanent wetland fill. The open space area is a requirement of the City
of Durham's UDO. This impact has been minimized by avoiding additional permanent loss impacts to the remaining
wetlands onsite, wetland area #3 (i.e. natural wetland area at the head of the old drained pond). If a retaining wall
were to be utilized to minimize the impacts at Impact #2, it would reduce the "area" that could be counted as active
open space and wetland area #3 would be required to be filled. The open space will include active amenities such
as soccer goals as well as a dog park. The dog park area will utilize the entire sloped area as well as some of the
top flat area.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:*
Sedimentation & Erosion Control measures including, but not limited to construction entrances, silt/tree protection
fence, diversions/check dams, and sediment basins/traps in accordance with requirements set forth and required
by the the Durham City -County Unified Development Ordinance and Approved Sedimentation & Erosion Control
Plan
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?
r Yes G No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The project avoided impacts to the maximum extent practicable. Proposed permanent loss impacts to wetlands are below 0.10 acre. If the
USACE determines that compensatory mitigation is required, the applicant would likely utilize a private mitigation bank or NCDMS and make
a compensatory mitigation payment.
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 NC Riparian Buffer Protection
Rules?
r Yes r No
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
There are no protected riparian buffers on site. Additionally, the proposed development does include an SCM (i.e. wetland & level
spreaderNFS) that will be constructed for nutrient removal and peak flow attenuation.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?*
r Yes
r No
To look up 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
r No
Hnt: projects that have vested rights, exemptions, or grandfathering from state or locally irrplerrented storrrwater prograrrs or projects that satisfy state or locally-irrplerrented storrrwater prograrrs
through use of comrunity in -lieu programs should answer no to this question.
2d. Which of the following stormwater management program(s) apply (check all that apply):*
rJ Local Government
F State
Local Government Stormwater Programs*
G7 Phase II
PF NSW
r- USMP
rJ Water Supply
Please identify which local government stormwater program you are using.*
Durham County
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?*
r 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?*
r Yes r 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 Dogwood Pointe project is a residential development within a developed watershed.
Additionally, the project is located within Durham County's 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 to "diffuse flow' requirements at a minimum and could require Best Management Practices
that control nitrogen if diffuse flow cannot be achieved, 2) the Phase II NPDES Stormwater Permit Program, this
program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -
construction stormwater management requirements, and 3) 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?
r Yes r Nor 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.
Per the project engineer: Sanitary sewer from this project will connect into the existing City of Durham sanitary
sewer system. The City of Durham will ensure that the treatment plant capacity is not exceeded.
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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r 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?*
r Yes r No
5f. Will you cut any trees 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?
r Yes r No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEBSLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r 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?
North Carolina Natural Heritage Program. 2018. Geographic Information System (GIS) data. NCDNCR, Raleigh,
NC. Available at http://www.ncnhp.org/. (Accessed: August 17, 2018).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r 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)
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? *
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on August 14,
2018; no historic listings or study list entries or determined eligible listings were identified within the property
boundaries.
7c. Historic or Prehistoric Information Upload
Click the upload button or drag and drop files here to attach docurrent
File crust be FDF
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
f Yes r No
8c. What source(s) did you use to make the floodplain determination?*
NC Floodplain Mapping Program
Miscellaneous
Miscellaneous attachments not previously requested.
Click the upload button or drag and drop files here to attach docurrent
SCM Drainage Map.pdf 576.53KB
File rrust be FDF or tNR
Signature
rJ 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:*
Deborah Edwards Shirley
Signature
Date Submitted:
8/17/2018
Initial Review
...............................................................................................................................................................................
Is this project a public transportation project?* M
r Yes r No
Change only ff needed.
Has this project met the requirements for acceptance in to the review process?
r Yes
r No
BIMS # Assigned*
20181160
Version#*
1
Reviewing Office*
Central Office - (919) 707-9000
Select Project Reviewer*
Paul Wojoski:EADS\pawojoski
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
What amout is owed?
O $240.00
r $570.00
Project Number:
SBProject Manager:
1" = 750'Scale:
3/15/17Date:
Map Title:
Source:
Figure 2 - Soil Survey Map
Corkins Property
Durham County, NC
Durham County
Soil Survey Sheet 28
¯0 750 1,500
Feet
13136
Project Number:
SBProject Manager:
1" = 750'Scale:
3/15/17Date:
Map Title:
Source:
Figure 1 - USGS Map
Corkins Property
Durham County, NC
NC USGS
2016 SE Durham Quadrangle
¯0 750 1,500
Feet
13136