HomeMy WebLinkAbout20240514 Ver 1_ePCN Application_20240402DWR
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# *
20240514 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - (910) 796-7215
Information for Initial Review
la. Name of project:
Grant's Creek Subdivision; Phase 1
1a. Who is the Primary Contact?*
Kim Williams - Davey Resource Group, Inc.
1b. Primary Contact Email: *
kim.williams@davey.com
Date Submitted
4/2/2024
Nearest Body of Water
Little Northeast Creek
Basin
White Oak
Water Classification
C:NSW
Site Coordinates
Latitude:
34.77992
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Onslow
Is this a NCDMS Project
Yes No
Longitude:
-77.298589
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Michael Meilinger:Michael.Meilinger
1c. Primary Contact Phone:*
(910)452-0001
$570.00
$767.00
O
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: 29 - Residential Developments
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
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:
401 Water Quality Certification - Express
Riparian Buffer Authorization
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
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
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)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
WEYERHAEUSER NR COMPANY
2b. Deed book and page no.:
2c. Contact Person:
Tim Jackson
2d.Address
Street Address
100 PROFESSIONAL CENTER DR
Address Line 2
City
BRUNSWICK
Postal / Zip Code
31525
State / Province / Region
GA
Country
USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(404)808-5655
2g. Email Address:*
Tim.Jackson@weyerhaeuser.com
3. Applicant Information (if different from owner)
3a. Name:
Elizabeth Shelton
3b. Business Name:
DR Horton
3c.Address
Street Address
6752 Parker Farm Drive, Suite 210
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28405
USA
3d. Telephone Number: 3e. Fax Number:
(910)742-7946
3f. Email Address:"
eishelton@drhorton.com
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group, Inc.
4c.Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28403
USA
4d. Telephone Number:
4e. Fax Number:
(910)452-0001
4f. Email Address:*
kim.williams@davey.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Grant's Creek Subdivision
1c. Nearest municipality I town:
Jacksonville
2. Project Identification
2a. Property Identification Number: 2b. Property size:
032432 289.4
2c. Project Address
Street Address
Grant's Creek Rd
Address Line 2
City
Jacksonville
Postal / Zip Code
28546
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Little Northeast Creek
3b. Water Resources Classification of nearest receiving water:
C; NSW
3c. What river basin(s) is your project located in?*
White Oak
3d. Please provide the 12-digit HUC in which the project is located.
030203020202
4. Project Description and History
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 site is currently forested and undeveloped. It was used for silvicultural production in the past and was last cleared of timber around 25 years ago. It has been thinned several times
since then. Uplands currently support a canopy of loblolly pines and a dense understory/shrub layer of sweetgum, red bay, titi, and horse sugar. Little Northeast Creek forms the site's
northwestern boundary. One unnamed tributary runs through the southwestern part of the site. Several other non -stream channels extend throughout the site. Wetlands are located
adjacent to the streams and support hardwoods such as red maple, black gum, and green ash. Several other non -jurisdictional wetland pockets are scattered throughout the site.
Adjacent landuse is residential, undeveloped and forested, or agricultural fields.
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:
- 40 acres
4g. List the total estimated linear feet of all existing streams on the property:
8,100 LF
4h. Explain the purpose of the proposed project: *
The purpose of the project is to construct phase 1 of a residential subdivision within the site to meet the housing needs of the community. Wetland, stream, and jurisdictional ditch impacts
are needed for site access and lot development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Phase 1 of this residential development will include 257 single family lots and an amenity area. Roads, utilities, stormwater ponds are also proposed. Roads will cross non -stream Waters
of the US (OW1 - OW3), a stream (S1), and wetlands (W1 - W2) in several locations. At these crossings, 24" or 36" culverts will be installed to maintain hydrologic flow. A stormwater pipe
will also cross a wetland resulting in temporary impacts (W3). This area will be open cut. Once the pipe is installed, the area will be returned to pre -construction grade, seeded, and
allowed to revegetate.
Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. Site grading will occur as depicted on the site plan.
Roadways and utilities will be installed. Then homebuilding construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
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-2013-01907
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Corey Novak
Agency/Consultant Company: DRG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Katharine Elks with the USACE issued the AJD on 9/2/2022. Several isolated wetlands were confirmed in this AJD.
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
This NWP application includes Phase 1 of the subdivision, which is the only phase that has been designed at this point. Phase 2 will be designed over the next few months.
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?
Yes. Another NWP may be needed for Phase 2 development. Phase 2 has not yet been designed, so specific impacts are unknown. However, any impacts will be looked at cumulatively
with impacts proposed in Phase 1.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
3
2a1 Reason (?)
7�
2b. Impact type" (?)
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
)
2g. Impact
area
W1
Road Crossing
P
fferine Swamp Forest
W1
Yes
Both
0.092
(acres)
W2
Road Crossing
P
�n-Riverine Swamp Forest
W1
Yes
Both
0.101
(acres)
E7�11
lity Line Crossing
T
Non-Riverine Swamp Forest
W1
Yes
Both 1�1_
2g. Total Temporary Wetland Impact
0.041
2g. Total Wetland Impact
0.234
21. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.193
F I
g1
3a. Reason for impact (?)
Road Crossing
3b.lmpact type"
Permanent
3c. Type of impact"
Culvert
3d. S. name"
S2
3e. Stream Type'
(?)
Intermittent
3f. Type of
Jurisdiction*
Both
39. S. width
Aveage (feet)
3h. Impact
length*
122
(linear feet)
S2
Construction &Dewatering
Temporary
Dewatering
S2
Intermittent
Both
Average (feet)
�
20
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
122
3i. Total stream and ditch impacts:
142
3j. Comments:
4. Open Water Impacts
3i. Total temporary stream impacts:
20
4a. Site #
4a1. Impact Reason 714b.
Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
OW1
Road Crossing
P
NS1
Culverts
Ditch
0.01
OW2
Road Crossing
P
NS1
Culverts
_11
Ditch
0.02
OW3
Road Crossing
P
NS3
Culverts
Ditch
0.01
4g. Total temporary open water Impacts:
0.00
4g. Total permanent open water impacts:
0.04
4g. Total open water impacts:
0.04
4h. Comments:
Of the 295 LF of open water impact, 61 LF will be for riprap that will be installed flush with the bottom of the channel.
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:
The engineer revised the site plan several times to reduce impacts to jurisdictional features. Roadway widths have been minimized by utilizing
headwalls.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain stormwater and sedimentation and erosion control permits prior to development.
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
3a. Name of Mitigation Bank:
Bachelors Delight Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian buffer 0.4
3c. Comments
Riparian wetland mitigation is proposed at a 2:1 mitigation to impact ratio. No stream mitigation is proposed since stream impacts are below 0.02 acre,
the typical mitigation threshold for the USACE.
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:
Project is located within the White Oak River Basin, which does not have State riparian buffer rules.
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
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?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
Engineer submitted a stormwater permit application in February of 2024.
0
V
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.
The project will not provide access or utilities to adjacent tracts. Additionally, erosion control and stormwater permits will be obtained to minimize impacts
to downstream waters. Future phases of the development may require additional impacts, which will be evaluated cumulatively with impacts proposed in
this application.
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 will tie into the municipal wastewater treatment system.
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?
The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their
files, no federally listed species are known to occur on the site. The tri-colored bat is known to occur within one mile of the site. The USFWS IPaC
database was also reviewed and several species were identified as potentially occurring in the region. The site has been used for silvicultural production
and was last cleared of timber around 25 years ago. It has been thinned several times since then. Uplands within the site currently support a canopy of
mostly Ioblolly pines with a dense understory/shrub layer of bays, sweetgum, and titi. Wetlands adjacent to streams support mostly hardwood species.
Wetland pockets are a mix of pocosin and basin wetlands. Forested areas provide suitable habitat for the northern long-eared bat and tri-colored bat.
DRG prepared a determination key for the NLEB, which resulted in a MANLAA determination. Because of the silvicultural history of the site, relatively
young age of pines, and dense understory/shrub layer, the site does not appear to provide suitable habitat for the RCW. The site does not appear to
provide suitable habitat for any other federally -protected species.
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 EFH Mapper
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 NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources.
No resources are identified within 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:
No impacts will occur within the 100-yr floodplain.
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Map Service Center Website
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
Grants Creek Attachments.pdf 4.61 MB
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:
Kim Williams
Signature
Date
4/2/2024
8