HomeMy WebLinkAbout20240320 Ver 1_ePCN Application_20240221DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version# *
20240320 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Chad Turlington:chad.turlington
Information for Initial Review
la. Name of project:
COURTESY COPY Bloom Subdivision
1a. Who is the Primary Contact? *
Sean Clark
1b. Primary Contact Email: *
sclark@sageecological.com
Date Submitted
2/21/2024
Nearest Body of Water
Hector Creek
Basin
Cape Fear
Water Classification
WS-IV;HQW
Site Coordinates
Latitude:
35.5230
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Harnett
Is this a NCDMS Project
Yes No
Longitude:
-78.8232
Reviewing Office*
Fayetteville Regional Office - (910) 433-3300
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 for the 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:
Mattamy Homes, LLC
2b. Deed book and page no.:
DB:4221 DIP: 2807
2c. Contact Person:
Joseph Conlan
2d.Address
Street Address
11000 Regency Parkway
Address Line 2
Suite 110
city
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27518
USA
Yes No
Yes No
2e. Telephone Number:
(269)547-3807
2g. Email Address:*
joe.conian@maftamycorp.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)
Bloom Subdivision
1c. Nearest municipality / town:
Fuquay-Varina
2. Project Identification
2a. Property Identification Number:
0654-24-3186.000
2c. Project Address
Street Address
Spence Mill Road, approximately 0.5 mile west of the intersection with NC 401
Address Line 2
City
Fuquay-Varina
Postal / Zip Code
27526
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Hector Creek
3b. Water Resources Classification of nearest receiving water:"
WS-IV;HQW
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.
030300040502
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
176.88
State / Province / Region
NC
Country
USA
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 northern and central portions of the Site have been cleared for agricultural use. A large farm pond is located in the northwestern corner of the Site. The remaining portions of the Site
are forested with a pine -dominated canopy along the ridges and uplands. The drainages contain more hardwood tree species in the canopy. Land use in the vicinity is comprised of timber
land, residential developments, commercial lots, and agricultural 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:
3.406
4g. List the total estimated linear feet of all existing streams on the property:
7520
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) to meet the demand for housing in this
growing area of Harnett County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed Project is a residential development with associated roads, utilities, and infrastructure. Impacts to jurisdictional wetlands will result from a road crossing. No impacts to
jurisdictional features are proposed for lot fill. Access to the Site will be provided by road connections to existing Spence Mill Road which bisects the northern portion of the Site. The
Project proposes to tie into existing water adjacent to the Site. Wastewater treatment will be provided by proposed individual septic systems. Typical equipment used in residential
construction and utility projects (i.e., backhoes, excavators, dump trucks) will be utilized.
Impacts to jurisdictional Waters of the US will result from a proposed road crossing. The roadway results in permanent wetland impacts totaling 0.044 acre (Impact #1 & #2; WC-3). No
stream impacts are proposed.
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:
SAW-2023-00998
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Sean Clark
Agency/Consultant Company: Sage Ecological Services, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD (8/31/2023)
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?
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
U
Impact 1
2a1 Reason (?)
Road Crossing
2b. Impact type* (?)
P
2c. Type of W.*
Headwater Forest
2d. W. name
WC-3
2e. Forested *
Yes
2f. Type of Jurisdicition *
(?)
Corps
2g. Impact
area *
0.040
(acres)
Impact 2
Road Crossing -
Grading
P
Headwater Forest
WC-3
f=fps
0.004
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.044
2g. Total Wetland Impact
0.044
2i. Comments:
The proposed roadway results in permanent wetland impacts totaling 0.044 acre to wetland WC-3.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
A wetland and stream 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 and streams. Drainages are not crossed multiple times by roads. The proposed alignment was designed to provide a balance between cut
and fill on opposite sides of the road. The site grading at Impact #2 was reduced as much as practicable while maintaining moderate driveway slopes for
the lots.
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 wetland impacts are below 0.1 acre and there are no proposed stream impacts. Therefore, no mitigation is proposed for the Project.
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
If no, explain why:
The Site is located in the Cape Fear River Basin below the Jordan Lake dam. Therefore, no state -regulated riparian buffers are in effect for this Project.
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
O
a
n
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 Hector Creek, which is Class WS-IV;HQW. 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.
Proposed individual septic systems
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
(T&E), one Proposed Endangered species, one Similarity of Appearance -Threatened species, one Candidate species, and the bald eagle are listed as
potentially present on the Site. A review of the NC Natural Heritage Program (NCNHP) database was conducted on February 2, 2024. Suitable habitat
for Cape Fear shiner and Atlantic pigtoe is not present on the Site. Streams SA and SAA are lower perennial streams with a silt -dominated substrate.
The stream channels are approximately 2-5 feet wide. The NCNHP database indicates no known occurrences of these species within 1.0 mile of the
Site. No impacts to streams are proposed for this Project, and the impacted wetlands are above the dam of Pond 1.
Habitat for red -cockaded woodpecker is not present on the Site. The canopy is dominated by hardwood trees with sparse loblolly pine stands
throughout. The southeastern forested portion was logged in 2006 per historic aerial imagery. The southwestern forest contains a dense understory
which is not preferred by this species. The NCNHP database indicates no known occurrences of these species within 1.0 mile of the Site.
Habitat for rough -leaved loosestrife is not present on the Site. Although the soils within the Pond 2 drainage are mapped as Vaucluse, these areas have
been heavily maintained for agriculture and residential lawn. There are no proposed impacts to the wetlands or the pond in these areas.
Potential habitat for tri-colored bat (Proposed Endangered) and monarch butterfly (Candidate) is present on the Site; however, these species are not
currently afforded protection under Section 7 of the Endangered Species Act (ESA). Additionally, there is no habitat for American alligator (Similarity of
Appearance -Threatened) present on the Site. The NCNHP database indicates no known occurrences of these species within 1.0 mile of the Site.
Multiple farm ponds are of sufficient size to support foraging habitat for bald eagles; 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 Harnett 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?
The Site is not listed as a historic property or within a historic district. Fifty-two historic properties are identified within 1.0 mile of the Site. Two
"Determination of Eligibility" properties are located southeast of the Site along US 401 (David Henry Senter House — HT0174 and the A. A. Johnson
House — HT0818). The remaining properties are designated as "Surveyed Only."
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 Map Service Center (https://msc.fema.gov/portal/search)
Panel 3720065400J, effective on 10/3/2006
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
NWP 29 Request - SAW-2023-00998 - Bloom Subdivision - Sage #2022.123.pdf 10.7MB
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 — Post-USACE PJD Sketch Map
Figure 4 — NCSHPO Map
IPaC Resource List
NCNHP Report
Impact Maps
ORM Spreadsheet
Preliminary Jurisdictional Determination (SAW-2023-00998)
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
A(Xa 111 #gkft
Date
2/21 /2024
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