HomeMy WebLinkAbout20200396 Ver 2_ePCN Application_20230419DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 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.
Pre -Filing Meeting Date Request was submitted on:
2/27/2023
BIMS # Assigned
20200396
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
1a. Name of project:
The Estates at Finley Farms
1a. Who is the Primary Contact?*
Jeff Harbour
1b. Primary Contact Email: *
jeff. harbou r@terracon.com
Date Submitted
4/19/2023
Nearest Body of Water
Shaddox Creek
Basin
Cape Fear
Water Classification
Ws -IV
Site Coordinates
Latitude:
35.6547
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Chatham
Is this a NCDMS Project
Yes No
Longitude:
-78.9841
Version#*
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas@ncdenr.gov
1c. Primary Contact Phone:*
(919)805-4208
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
Please provide the date of the previous submission.
3/20/2020
1b. What types) of permits) 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):
29 - Residential Developments
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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
fig. 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
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. Nari on recorded deed:
Chatham Capital Group LLC
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
1018 N Wellonsburg Place
Address Line 2
City State / Province / Region
Apex NC
Postal/Zip Code Country
27502 us
2e. Telephone Number:
(919)427-7106
2g. Email Address:*
brad.zadell@gmaii.com
3. Applicant Information (if different from owner)
3a. Name:
Andrew Ross
3b. Business Name:
Pea Ridge Developers, LLC
3c.Address
Street Address
PO Box 5548
Address Line 2
City
Cary
Postal / Zip Code
27512
3d. Telephone Number:
(919)460-3027
3f. Email Address:*
andrew.ross@floyddevelopment.com
4. Agent/Consultant (if applicable)
4a. Name:
Jeff Harbour
4b. Business Name:
Terracon
4c.Address
Street Address
2401 Brentwood Rd
Address Line 2
city
Raleigh
Postal / Zip Code
27604
4d. Telephone Number:
(919)805-4208
4f. Email Address:*
jeff.harbour@terracon.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
New Hill
2. Project Identification
2a. Property Identification Number
2f. Fax Number:
State / Province / Region
NC
Country
us
3e. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
125
2c. Project Address
Street Address
7585 Old US Hwy 1
Address Line 2
city
New Hill
Postal / Zip Code
27582
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Shaddox Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV
3c. What river basin(s) is your project located in?"
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020601
4. Project Description and History
State / Province / Region
NC
Country
US
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 property is comprised of young hardwoods and planted pine with two, drainage systems crossing the site. Aerial photos from the 1990s show that the site has been clear cut several
times for silviculture purposes. Soils are comprised of two, non-hydric soils mapping units: Creedmoor-Green Level complex, 2-6 % slopes and Creedmoor-Green Level complex, 6-10%
slopes. The site is located in the Harris Lake watershed and the nearest names stream is Shaddox Creek. The surrounding land use is light industry, silviculture, and rural residential land.
This project was previously permitted as the Conservancy at Jordan Lake. Those permits (see below) have expired and the name of the project has changed; however, the overall project
impacts remain the same.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2019-01410
DWR#20-0396
4f. List the total estimated acreage of all existing wetlands on the property:
2
4g. List the total estimated linear feet of all existing streams on the property:
2000
4h. Explain the purpose of the proposed project:
Project purpose is to develop a single-family community to serve this area of Chatham County. The Estates at Finley Farms will be a single and complete project that operate
independently of any other prior or future development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project will consist of developing single-family lots for homes. A single road crossing over a tributary of Shaddox Creek will be required to access the entire site. This crossing will
impact a small amount of stream channel. Road widening for a turn land on Old US 1 will impact a small wetland area as well. No indirect impacts are anticipated. Typical equipment for
land clearing and grading will be utilized in the upland areas.
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? x
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2019-01410
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Terracon
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
2-11-2020 USACE site review
6. Future Project Plans
6a. Is this a phased project?*
Yes 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?
No
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
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
(?)
2g. Impact
area *
Wetland Impact
1
pe for road
to
P
Headwater Forest
WXA
Yes
Both
0.020
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.020
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.020
F
S1
3a. Reason for impact (?)
road crossingPermanent
3b.lmpact type*
3c. Type of impact*
Culvert
3d. S. name*
UT ofShaddox Creek
3e. Stream Type*
?)
Intermittent
3f. Type of
Jurisdiction*
Both
3g. S. width
4
Averege (feet)
3h. Impact
Ilength*
119
(linear feet)
g2
road crossing
Temporary
Workpad/Causeway J
UT of Shaddox Creek :::Intermittent
Both
Averege (feet)
20
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
119
3i. Total stream and ditch impacts:
139
3j. Comments:
Permanent impact=481 sf
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
20
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project was designed to minimize impacts by placing the single road crossing in a location that would not impact wetlands in addition to the stream.
The crossing is perpendicular to minimize impacts also. The project does not impact wetlands or streams elsewhere on the site except for a small
wetland impact associated with the widening of Old US 1 near the site entrance
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The stream crossing will use headwalls to minimize the amount of disturbance to the stream bed. Also, rip -rap will be embedded into the stream bed to
serve as a velocity dissipater. The culvert will be buried in accordance with regulations to allow for aquatic life passage.
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
0
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Does not exceed mitigation thresholds
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. 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
Comments:
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?
Yes 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)? *
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.
Single and complete project will not serve as a driver for other development
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No 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?*
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?
USFWS Self Certification was completed for the initial permit process in 2020. There have been no changes on the site to suggest any protected
species issues. NCNHP data from April 2023 indicates that no federal protected species are known to currently occur within at least one mile of the site.
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?
NOAA
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?"
NCDCR GIS data and the project was previously approved under a Section 404 permit which would have required SHPO concurrence at that time
(2020).
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?"
FEMA Flood Maps
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
Estates at Finley Farms PCN documents.pdf 13.06MB
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:
Jeff Harbour
Signature
Date
4/19/2023
U