20190096 Ver 1_PCN Form Submission_20190121

DWR
MOM— of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
tial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Oiange only if needed.
BIMS # Assigned
20190096
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Colby Crossing
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
[e-mail]
Date Submitted
1/21/2019
Nearest Body of Water
Middle Creek
Basin
Neuse
Water Classification
QNSW
Site Coordinates
Latitude: Longitude:
35.6919 -78.8233
FA. Processing Information
County (or Counties) where the project is located:
Wake
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* 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?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F Standard (IP)
Version# *
1
What amout is owed?*
r• $240.00
* $570.00
Select Project Reviewer*
Stephanie Goss:eads\szgoss
1c. Primary Contact Phone:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
29 - Residential Developments
r 401 Water Quality Certification - Express
W Riparian Buffer Authorization
1e. 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:
1f. Is this an after -the -fact permit application?*
r- Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r No
Acceptance Letter Attachment
Buffer SOA- Colby Crossing. pdf
1h. Is the project located in any of NC's twenty coastal counties?
r^ Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
FB, Applicant Information
1d. Who is applying for the permit?
R Owner r Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r^ Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
MFW Investments, LLC
2b. Deed book and page no.:
Book 16554, Page 2295
2c. Responsible party:
Michael F. Whitehead
2d. Address
Street Address
114 Birklands Dr.
Address Line 2
CKY
Cary
Postal / Zip Cade
27518
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
r Yes r No
r Yes r No
118.02KB
State / Rwince / Fbgim
NC
Country
United States
2f. Fax Number:

1b. Subdivision name:
ff appropriate)
1c. Nearest municipality/ town:
Apex, NC
2. Project Identification
2a. Property Identification Number:
0750-26-4926
2c. Project Address
Street Address
0 E Williams St.
Address Line 2
City
Apex
Postal / Zip Code
27539
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Middle Creek
3b. Water Resources Classification of nearest receiving water:*
QNSW
3c. What river basin(s) is your project located in?*
Neuse
2b. Property size:
7.58
State / Ftwince / Edon
NC
Country
United States
3d. Please provide the 12 -digit HUC in which the project is located.
030202010901
4. Project Description and History
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:*
EAsting conditions onsite consist of a wooded lot with an intermittent stream in the northwest corner of the property, and a perennial stream bisecting the property. General land use in
the vicinity of the project is residential and forested.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
f Yes r No r- Unknown
4d. Attach an 8 1/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS.pdf
1.58MB
4e. Attach an 8 1/2X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
SS.pdf 868.62KB
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
682
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a residential development and the infrastructure necessary to access the residential development.
4i. 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 roadway infrastructure, single-family lots and Stornmater Control Measures. Specifically, there are stream and riparian buffer impacts
associated with road impacts and riparian buffer impacts associated vdth the Stormwater Control Measures. Equipment typically used for construction and earthwork such as backhoes,
bulldozers, excavators, graders, pavers etc. will be utilized for this project.
4j. Please upload project drawings for the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
R Yes r No C Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
R Preliminary r- Approved r Not Verified r Unknown r N/A
Corps AID Number:

USACE has field verified, but a JD or AID has not been issued. Steven Ball sent PJD packet via
USMail on 1/17/19.
Sc. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental Consultants, PA
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE- James Lastinger with the Corps verified jurisdictional areas on 9/27/17; NCDWR- Ray Milosh With the NCDWR conducted a Neuse Buffer determination on 9/20/17 see attached
letter (NBRRO#17-321).
5dl. Jurisdictional determination upload
Horton Park Buffer Letter.pdf 1.82MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes B 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?
To my knowledge, there is a planned Town of Apex road infrastructure project that will connect to the northern Horton Park Drive stub. The USACE has made the determination that the
Town of Apex road infrastructure project has Independent Utility and is a separate, single and complete project.
CProposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
F Wetlands W Streams -tributaries m Buffers
F Open Waters r Pond Construction
3. Stream Impacts
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
108 10
3i. Total stream and ditch impacts:
118
3j. Comments:
Temporary stream impacts will be brought back to pre -construction elevations and the stream banks will be stabilized.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
P Neuse
F_ Catawba
F Goose Creek
F Other
F Tar -Pamlico
F Randleman
F Jordan Lake
6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigationrequired? 6f. Zone 7 impact 6g. Zone 2 impact
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type*
of
3gSwidth *
3h.I(?)
FI
No
0
2,385
A2 -Road Impact
P
[3f.Type
urisdiction*
Yes
length*
S1
Al -Road CrossingCulvert &
Permanent
Culvert
J
GUT to Middle Creek
Perennial
Both
I
4
108
Dissipater
Average (fed)
(linear fed)
S2
Al -Road Crossing-
Temporary
Other
C -UT to Middle Creek
Perennial
:::]
Both
t;;;]�;;]
Construction
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
108 10
3i. Total stream and ditch impacts:
118
3j. Comments:
Temporary stream impacts will be brought back to pre -construction elevations and the stream banks will be stabilized.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
P Neuse
F_ Catawba
F Goose Creek
F Other
F Tar -Pamlico
F Randleman
F Jordan Lake
6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigationrequired? 6f. Zone 7 impact 6g. Zone 2 impact
Al -Road Crossing
P
GUT to Middle Creek
No
6,477
4,498
Ala-Stormwater Control Measure Grading
P
GUT to Middle Creek
No
0
2,385
A2 -Road Impact
P
IG -LIT to Middle Creek
Yes
305
981
6h. Total buffer impacts:

Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 6,782.00 7,864.00
Zone 1 Zone 2
Total combined buffer impacts: 6,782.00 7,864.00
6i. Comments:
Supporting Documentation
161202 Impact Maps 3rd Submiffal.pdf 3.61 MB
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 entire property in order to identify natural resources so that impacts
could be avoided & minimized to the maximum extent practicable. Impact Al is a proposed road crossing to a perennial stream. Proposed impacts
include 108 linear feet of permanent stream and 10 linear feet of temporary impacts necessary for construction activities, and associated riparian
buffer impacts. Headwalls and retaining walls have been utilized to minimize stream and riparian buffer impacts, along with the stream crossing being
designed in a near perpendicular angle. Impact A2 is a proposed riparian buffer impact for a future road connection. This impact is necessary Per the
Town of Apex UDO Section 7.2.1.A.2c., street stubs are required for all adjacent land -locked properties. The alignment of this street stub matches the
Town of Apex Transportation Plan. Additionally, this future minor collector cannot be located farther east due to the existing Merion Subdivision.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fence is being installed adjacent to the crossing along with a skimmer basin, inlet protection, rip rap installation.
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 r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The total permanent loss impact to the stream is below the mitigation threshold typically required by the USACE and the NCDWR.
CStormwater 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?
r Yes r No
What type of SCM are you providing?
F Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
* Other SCM that removes minimum 30% nitrogen
F- Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
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)?
r Yes r 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?
r Yes r No
2d. Which of the following stormwater management program(s) apply:
R Local Government r State
Local Government Stormwater Programs

V Phase II W NSW r USMP I` Water Supply
Please identify which local government stormwater program you are using.
Town of Apex
Comments:
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
3. Cumulative Impacts (DWR Requirement)
3a. Will this project 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.
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 Colby Crossing project is a residential development. Additionally, the project is located within the Town of Apex
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 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. 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.
Non -discharge -treated at the Town of Apexs Water Reclamation Facility (aka Middle Creek Treatment Facility). Per the project engineer, the Middle
Creek treatment facility currently has 1.8 MGD in capacity available for the area.
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 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?
r^ Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
51. 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 Data Explorer Search [January 10, 20191. Department of Environment and Natural Resources, Office of Land
and Water Stewardship, Raleigh, NC. http://www.ncnhp.org/

Consultation Documentation Upload
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 Fisheries Habitat Conservation 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?*
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 November 5, 2018; no historic listings, study list
entries, or determined eligible listings were identified within the property boundary.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
The FEMA 100 -year designated floodplain encroaches into the property from the west (see sheets 2 of 6 thru 5 of 6), however there are no proposed
impacts to streams within those areas.
8c. What source(s) did you use to make the floodplain determination?*
Per the project engineer: The information used to establish the floodplain's location is LOMR 17-04-3427P-370465 and a CAD delineations provided
by the Town of Apex, developed with the LOMR.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
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:
Deborah E. Shirley
Signature
Date
1/21/2019