HomeMy WebLinkAbout20240449 Ver 1_ePCN Application_20240318DW R
DHlslon 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# *
20240449 1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Wilmington Regional Office - (910) 796-7215
Holley Snider: Holley.Snider
Information for Initial Review
la. Name of project:
Cedar Hill Landing
la. Who is the Primary Contact?*
Megan Dean
1b. Primary Contact Email: *
megan@segi.us
Date Submitted
3/18/2024
Nearest Body of Water
Indian Creek
Basin
Cape Fear
Water Classification
C;Sw
Site Coordinates
Latitude:
34.306828
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Brunswick
Is this a NCDMS Project
Yes No
Longitude:
-78.051139
1c. Primary Contact Phone:*
(704)450-0506
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
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:
DR Horton
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Camille Teuben
2d.Address
Street Address
6752 Parker Farm Dr
Address Line 2
Suite 210
city
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28405
USA
Yes No
Yes No
2e. Telephone Number:
(704)564-6863
2g. Email Address:*
CMTeuben@drhorton.com
3. Applicant Information (if different from owner)
3a. Name:
Camille Teuben
3b. Business Name:
DR Horton
3c.Address
Street Address
6752 Parker Farm Dr
Address Line 2
Suite 210
city
Wilmington
Postal / Zip Code
28405
3d. Telephone Number:
(704)564-6863
3f. Email Address:*
CMTeuben@drhorton.com
4. Agent/Consultant (if applicable)
4a. Name:
Megan Dean
4b. Business Name:
Southern Environmental Group, Inc. (SEGi)
4c.Address
Street Address
5315 South College Road
Address Line 2
Suite E
city
Wilmington
Postal / Zip Code
28412
4d. Telephone Number:
(910)228-1841
4f. Email Address:*
megan@segi.us
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
NA
1c. Nearest municipality / town
Navassa
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
01700053 & 228000635454 547.77 acres
2c. Project Address
Street Address
Daniels Rd
Address Line 2
City
State / Province / Region
Navassa
NC
Postal / Zip Code
Country
US
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Indian Creek
3b. Water Resources Classification of nearest receiving water:
C;Sw
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.
030300050406
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 project site consists of one tract of regenerating forest understory located at the intersection of Daniels Road NE and Mount Misery Road NE in Leland, Brunswick County, NC..
Bottomland Hardwood Forest wetlands meander through the southern section of the property (see attached Wetland Boundary Sketch). The main land use in the area will be residential.
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:
36.27 AC
4g. List the total estimated linear feet of all existing streams on the property:
13569.6 ft
4h. Explain the purpose of the proposed project: *
Proposing to remove dirt from the existing road, then to pave with curb and gutter; proposed fill at SW corner of the site. This will allow access to 40 lots with the proposed subdivision.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will entail removing unsuitable soils from the two (2) proposed impact areas (i.e. WI-1 and WI-2 on the attached Wetland Impact Map) and backfilling the areas with clean
earthen soil. A proposed RIPRAP to be built to one side of the pipe.
The culvert at WI-2 is needed to maintain the connection between the remaining wetlands. In total, 3560 SF (0.082 AC) or wetlands will be filled/disturbed. Please see the attached
Wetland Impact Map for details of the impact areas. Backhoes, front end loaders and dump trucks will be used to complete the work.
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-2008-02758
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Gary Beecher
Agency/Consultant Company:
Other:
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 8
1. Impacts Summary
f a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
WL-1
2a1 Reason (?)
Berm 1p
2b. Impact type* (?)
2c. Type of W.*
ottomland Hardwood Forest
f
2d. W. name
WL-1
2e. Forested"
Yes
2f. Type of Jurisdicition *
(?)
Corps
2g. Impact
area
0.062
(acres)
WL-2
Road Crossing
P
BottomFores land Hardwood t
WL-2
Yes
Corps
0.020
acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.082
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.082
F I
3a. Reason for impact O
3b.lmpact type"
3c. Type of impact*
3d. S. name"
3e. Stream Type*
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
gf
Road crossing
Permanent
Culvert
Indian Creek ::IPerennial::]
Both
Averege (feet)
�
71
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
71
3i. Total stream and ditch impacts:
71
3j. Comments
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
0
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to designing the project, the applicant had the waters of the US (i.e., wetlands) delineated. Once it was determined available uplands could not be
accessed without crossing wetlands, the road was positioned to cross the wetland as close to perpendicular as possible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to undertaking land disturbing activities, silt fence will be installed along the approved wetland impact. The measure should ensure work does not
take place and sediment does not discharge outside the approved limits of disturbance. The measure will be inspected weekly and replaced/repaired as
needed until the site is stabilized.
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
2c. If yes, mitigation is required by (check all that apply):
D W R Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
O
3a. Name of Mitigation Bank:
Lower Cape Fear Umbrella Bank - Juniper Tract
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.2
3c. Comments
Stream mitigation is not being proposed as a stream impact as it is under < .02 AC
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
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
If no, explain why:
The project is not within one of NC's riparian buffer river basins
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
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?'r
Yes No
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.
Municipal sewer/county sewer available.
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
5e. Is this a DOT project located within Division's 1-8?
Yes No
Unknown
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?
United States Department of the Interior- Fish and Wildlife Service; project code: 2024-0063642. US FWS IPaC Official Species List, IPaC NLEB
Consistency Determination and RCW SLOPES form (all attached)
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 Fisheries Essential Fish Habitat; searched area for any essential fish habitat with none found.
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?
NC SHPO HPOWEB2.0 MAP (see attached)
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?
FRIS NC FLOOD MAP
https:/Ifris.ne.gov/fris/index.aspx?FIPS=019&ST=NC&user=General % 20Public
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
Cedar Hill Landing PCN Attachments 03-15-24.pdf 3.36MB
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:
Megan Dean
Signature
Date
3/18/2024
6