HomeMy WebLinkAbout20231094 Ver 1_ePCN Application_20230807DWR
Division 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:
5/19/2023
BIMS # Assigned
20231094
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:
Murphy's Ridge Subdivision
1a. Who is the Primary Contact?*
Sean Clark
1b. Primary Contact Email: *
sclark@sageecological.com
Date Submitted
BM2023
Nearest Body of Water
Knap of the Reeds Creek
Basin
Neuse
Water Classification
WS-II, HWO, NSW
Site Coordinates
Latitude:
36.2509
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Granville
Is this a NCDMS Project
Yes No
Longitude:
-78.7775
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas@ncdenr.gov
1c. Primary Contact Phone: *
(919)559-1537
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
1b. What type(s) of permit(s) 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):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
29 - Residential Developments
le. Is this notification solely for 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? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying forthe permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Askeaton Realty, LLC
2b. Deed book and page no.:
DB 19031 DP 87
2c. Contact Person:
John Downes
2d.Address
Street Address
3306 Edge View
Address Line 2
City State / Province / Region
San Antonio TX
Postal / Zip Code Country
78259 USA
Yes No
Yes No
2e. Telephone Number:
(210)257-9503
2g. Email Address:*
johnpdownes@yahoo.com
4. Agent/Consultant (if applicable)
4a. Name:
Kim Hamlin
4b. Business Name:
Sage Ecological Services, Inc.
4c.Address
Street Address
3707 Swift Drive
Address Line 2
City
Raleigh
Postal / Zip Code
27606
4d. Telephone Number:
(919)622-7888
4f. Email Address:
khamlin@sageecological.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Murphy's Ridge
1c. Nearest municipality / town:
Oxford
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
2b. Property size:
096000492238 & 09610516569
220.12
2c. Project Address
Street Address
north of intersection of Enon Road and Crown Oaks Drive
Address Line 2
City
State / Province / Region
Oxford
NC
Postal / Zip Code
Country
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Knap of the Reeds Creek
3b. Water Resources Classification of nearest receiving water:"
WS-II, HWQ, NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010401
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: *
The Site consists of mostly undeveloped forest, with a powerline easement and a small, maintained field located in the southern portion of the Site. The tree canopy consists of mature
pines and hardwood trees. Large portions of the Site have been clearcut within the last decade and are undergoing succession. In these areas, juvenile shortleaf and loblolly pines tend to
be the dominant canopy species. The terrain of the Site ranges; with large hills, steep drainages, and flat floodplains occurring throughout. Land use in the vicinity includes residential,
agricultural and forested land, and undeveloped land.
a
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
1.351
4g. List the total estimated linear feet of all existing streams on the property:
11132
4h. Explain the purpose of the proposed project:*
The purpose of the Project is to construct a residential subdivision with associated attendant features (roads, utilities, and other infrastructure).
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed Project involves construction of a residential development with attendant infrastructure. Impacts to jurisdictional wetlands and streams are proposed to reach upland portions
of the Site for development. Access to the Site will be provided by one road connection to the existing Enon Road to the south. The Project proposes to utilize on -site well and septic
systems for drinking water and wastewater treatment, respectively.
Proposed permanent wetland and stream impacts will result from one culverted road crossing. Proposed permanent wetland impacts total 0.007 acre (333 SF) and proposed permanent
stream impacts total 85 LF (664 SF / 0.015 acre) to install one culvert. A riprap dissipator pad at the culvert outlet is proposed as permanent — no loss impacts totaling 32 LF (828 SF /
0.019 acre). The riprap will be keyed into the banks and will be installed flush with the existing stream bed elevation. Temporary stream impacts due to dewatering to construct the culvert
will be 58 LF (467 SF / 0.01 acre). Proposed temporary wetland impacts total 387 SF (0.009 acre) for culvert construction.
Stormwater detention ponds are proposed to treat stormwater on the Site. Typical equipment used in residential construction and utility projects (i.e., backhoes, excavators, dump trucks)
will be utilized.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If Sa is yes, who delineated the jurisdictional areas?
Name (if known): Ryan Elliott & Ian Warr
Agency/Consultant Company: Sage Ecological Services, Inc.
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
The Project is located within a High Quality Water (HOW) zone. Uncovered areas in HQW zones shall be limited to a total of 20 acres within the boundaries of the tract at any given time.
Disturbance will be split into three phases: infrastructure phase 1, infrastructure phase 2, and phase 3 - individual lot construction.
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 (?)
Road crossing - culvert
2b. Impact type * (?)
P
2c. Type of W. *
water Forest
ff
2d. W. name
WE1
2e. Forested *
Yes
2f. Type of Jurisdicition *
?)
Both
2g• Impact
area *
0.003
(acres)
Road Crossing - culvert
P
Headwater Forest
WE
Yes
Both
0.004
acres)
Roadway - Culvert - ��T Headwater Forest WE Yes Both 0.009
Temporary Construction (acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.009 0.007
2g. Total Wetland Impact
0.016
2i. Comments:
Construction of one culvert will result in permanent wetland impacts totaling 0.007 acre (WE & WE1) and temporary wetland impacts totaling 0.009 acre
(WE).
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name"
3e. Stream Type"
3f. Type of
3g. S. width
3h. Impact
(?)
Jurisdiction*
length*
31
Site 1 - Road Crossing -
Permanent
Culvert
SE
Perennial
Both
85
Culvert
Average (feet)
(linear feet)
g2
Site 1 - Riprap Dissipater Pad
Permanent
Rip Rap Fill
SE
Perennial
Both
32
Average (feet)
(linear feet)
S3
Site 1 - Temporary
Temporary
Dewatering
SE
Perennial
Both
35
Dewatering
Ave age (feet)
(linear feet)
gq
Site 2 - Temporary
Temporary
Dewatering
SE
fft��]
Both
23
Dewatering
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
117 58
31. Total stream and ditch impacts:
175
3j. Comments:
Permanent stream impacts total 85 LF (664 SF / 0.015 acre), permanent - no loss impacts for a riprap dissipater pad total 32 LF (828 SF 10.019 acre),
and total temporary stream impacts total 58 LF (467 SF / 0.01 acre) for dewatering (SE).
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Impact 1-A, 1-B, 2-A, 2-B - Road Crossing -
P
SE
No
6,404
6,402
Allowable Upon Authorization
Impact 1-A, 1-B, 2-A, 2-B, 2-C, 2-D - Road
T
E
No
2,601
1,169
Crossing - Allowable Upon Authorization
t
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 2,601.00 1,169.00
Zone 1
Zone 2
Total Permanent impacts: 6,404.00
6,402.00
Zone 1
Zone 2
Total combined buffer impacts: 9,005.00
7,571.00
6i. Comments:
Permanent Zone 1 impacts total 6,404 SF (0.14 acre) and permanent Zone 2 impacts total 6,402 SF (0.14 acre). Total temporary Zone 1 impacts are
2,601 SF (0.06 acre) and total temporary Zone 2 impacts are 1,169 SF 90.02 acre). Total riparian buffer impacts are 16,576 SF (0.38 acre).
E. Impact Justification and Mitigation
0
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
A wetland, stream, and riparian buffer delineation were performed to identify environmentally sensitive areas on the Site prior to site design. The Project
was designed to avoid & minimize impacts to jurisdictional features while meeting the goals of the residential development plan. Lots were positioned to
avoid impacts to wetlands. The construction of the stormwater control measures avoids impacts to jurisdictional features. Sage worked closely with the
design engineer to minimize the impacts of the culverted stream crossing. The original iteration would have required stream mitigation; however, the final
site design is below mitigation thresholds.
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. Equipment
will be parked and cleaned in uplands away from jurisdictional areas. Work within jurisdictional areas will be conducted during periods when dry weather
is predicted, and large bare areas of soil will be reseeded and protected as soon as practicable. Silt fencing and sediment basins will also be used to
prevent sediment runoff into the stream and wetland areas.
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 this project DOES NOT require Compensatory Mitigation, explain why:
Proposed stream and wetland impacts are below mitigable thresholds and proposed riparian buffer impacts are considered "Allowable Upon Authorization." Therefore, no mitigation is
required for this Project.
F. Stormwater 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?
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:
The stormwater management plan will be reviewed and approved by the locally delegated authority. The applicant requests the 401 Certification approval be conditioned to require the
stormwater management plan be approved before any impacts may be conducted.
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? *
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
E)
3b. If you answered "no," provide a short narrative description.
Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative
impact" since the project already in a developed landscape (i.e., existing residences and development in the vicinity) and the area already contains the
necessary infrastructure (i.e., sewer, water, electricity, etc.). The project drains to Knap of the Reeds Creek, which is WS-Il, HOW, Nutrient Sensitive
Waters (NSW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? *
Yes No 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.
The Project proposes individual septic systems for wastewater treatment.
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
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?
According to the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) database, four threatened and endangered
species, one Proposed Endangered species, one Candidate species, and the bald eagle are listed as potentially present on the Site. Potentially suitable
habitat for Carolina madtom and Neuse River waterdog is present within Stream SA (Knap of the Reeds Creek) and Stream SB. However, the closest
Identified Stream Reach (ISR) for each species is separated from the Site by the Lake Butner dam. Potential marginal habitat for harperella is present in
Stream SB. Suitable habitat for smooth coneflower is present within the overhead transmission easement that runs along the southwestern corner of the
Site. No work is proposed in this area. Potential habitat for tri-colored bat (Proposed Endangered) and monarch butterfly (Candidate) is present on the
Site. Multiple farm ponds of sufficient size to support foraging habitat for bald eagles are nearby the Site; however, no individuals or nests were observed
during the Site visit.
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 Essential Fish Habitat (EFH) Mapper: https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper
The Project is located in Granville County which does not contain any Essential Fish Habitat.
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?
NCSHPO HPOWEB Map Service
The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site and no historic properties were listed
within one mile of the Site. Figure 4 provides a graphical representation of nearby historic properties in relation to the Site.
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:
FEMA-regulated floodplain is present along Knap of the Reeds Creek in the southwestern corner of the Site; however, no structures are proposed in this
area.
8c. What source(s) did you use to make the floodplain determination?"
FEMA Flood Map Service Center
Panel 3720096000J, effective on 04/16/2007
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
NWP29 Request - Murphys Ridge Subdivision - Granville County - Sage #2023.055.pdf 7.32MB
File must be PDF or KMZ
Comments
Attachments:
Agent Authorization Form
Figure 1 — USGS Site Vicinity Map
Figure 2 — Soil Survey Site Vicinity Map
Figure 3 — Wetland and Stream Sketch Map
Figure 4 — NCSHPO Map
IPaC Resource List
Notice of Intent to File Permit Application (May 19, 2023)
Neuse River Riparian Buffer Determination (NBRRO #22-564)
Impact Maps
ORM Spreadsheet
Preliminary JD Package
Preliminary ORM Form
Jurisdictional Determination Request Form
PJD Form
Granville County Tax Map
Wetland Determination Data Forms
NCDWR Stream Forms
Site Photos
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:
Kimberly Hamlin
Signature
0400 #Xkft
Date
8/7/2023
8