HomeMy WebLinkAbout20200396 Ver 3_ePCN Application_20240502DW R
DHlsloo 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# *
20200396 3
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 Conservancy
la. Who is the Primary Contact?*
Rhiannon Graham
1b. Primary Contact Email:*
rhiannon.graham@terracon.com
Date Submitted
5/2/2024
Nearest Body of Water
Shaddox Creek
Basin
Cape Fear
Water Classification
Ws -IV
Site Coordinates
Latitude:
35.66177
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:
-79.01062
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Kristina Morales: Kristina.Morales
1c. Primary Contact Phone:*
(919)457-1110
$570.00
$767.00
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
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. Name(s) on recorded deed:
Chatham Land Group, LLC
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Martha Bowker Smith
2d. Address
Street Address
108 Dunedin Court
Address Line 2
City
State / Province / Region
Cary
NC
Postal/Zip Code
Country
27511
USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(919)616-8376
2g. Email Address:*
marti@martibowkersmith.com
3. Applicant Information (if different from owner)
3a. Name:
Andrew Ross
3b. Business Name:
The Conservancy Real Estate Group, LLC
3c.Address
Street Address
601 Hawks Ridge Court
Address Line 2
City
State / Province / Region
Apex
NC
Postal / Zip Code
Country
27539
USA
3d. Telephone Number: 3e. Fax Number:
(919)703-6203
3f. Email Address:
andrew.ross@floddevelopment.com
4. Agent/Consultant (if applicable)
4a. Name:
Rhiannon Graham
4b. Business Name:
Terracon
4c.Address
Street Address
2401 Brentwood Road
Address Line 2
Suite 107
city
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27604
USA
4d. Telephone Number: 4e. Fax Number:
(919)457-1110
4f. Email Address:*
rhiannon.graham@terracon.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
The Conservancy
1c. Nearest municipality / town:
New Hill
2. Project Identification
2a. Property Identification Number:
various PINS north of US HWY1, see 2b. Property size:
engineering plans for PINS 1,398
Q
2c. Project Address
Street Address
Old US HWY 1
Address Line 2
city
New Hill
Postal / Zip Code
27562
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.
0303000207
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 existing conditions on site are primarily composed of undeveloped forested land. Specifically, most of the site is composed of loblolly pine plantation, mesic mixed hardwood forest,
and dry oak hickory forest. Large portions of the site have been managed for timber production. Wetlands, streams, and ponds are present throughout the site. The general land use in the
vicinity of the project study area consists of undeveloped forested land, residential areas, timber plantation areas, and commercial areas.
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:
approximately 42.47
4g. List the total estimated linear feet of all existing streams on the property:
approximately 21,885
4h. Explain the purpose of the proposed project: *
The Conservancy at Jordan Lake is a residential project consisting of +/- 1521 residential lots with common amenities on +/- 1262 AC (density of +/- 1.2 units/ac). The project was
approved by Chatham County in March of 2022 as a Conservation Subdivision which requires 40 % of the project site to be placed in conservation/open space. Of which 75 % of the open
space to be left in its natural state (undisturbed). As entitled the project provides for over 70 % open space with 33 % of the project left to be undisturbed. The site will be served with public
water and sewer (public utility) and other dry utilities required for a project of this size and scale. The streets will be a mix of public and private with curb and gutter. The County requires
SCM measures to capture runoff from impervious areas prior to release into buffered streams. Greenway trails are planned throughout to connect various neighborhood areas to open
space and amenities. Initial horizontal construction planned to start late Summer 2024 with earliest home occupancy in mid 2026. Expect buildout to take +/- 10 years. An Environmental
Study was prepared for the County entitlement process and peer reviewed prior to project approval.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The development of a residential subdivision with a mix of single family homes, townhomes and age restricted homes. The project includes two (2) amenities, a wastewater treatment plant
with irrigation fields, and all of the supporting infrastructure (roads and utilities). The project consists of five (5) impact areas, one (1) of which is a bridge that is a temporary impact.
295 single family homes, 1,000, age restricted homes, 126 townhomes, 2 amenities, and a wastewater treatment plant and irrigation fields will be constructed.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
SAW-2019-01410 parcel completed by ESI (now Terracon)
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-2020-02249, SAW-2019-01410
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): N/A
Agency/Consultant Company: Sage Ecological Services
Other: Kevin Murphrey-ESI, a terracon company
G Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Date of issuance for SAW-2019-01410 is 2/11/2020
Date of issuance for SAW-2020-02249 6/4/2021
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?
All impacts will be accomplished upon receipt of the permits. However, actual construction may occur on a staggered timeline.
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
6
impact 2
2a1 Reason (?)
road crossing 1p
2b. Impact type* (?)
2c. Type of W.
Headwater Forest
2d. W. name
WS
2e. Forested"
Yes
2f. Type of Jurisdicition *
(?)
Both
2g. Impact
area
0.176
(acres)
impact 4
road crossing
P
Headwater Forest
WR
Yes
Both
0.160
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.336
21. Comments:
Total wetland impacts: 0.336
Mitigation will be provided for the 0.3 acre of impact
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.336
F 1
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*
S1
bridge crossing
Temporary
Workpad/Causeway
Impact 1-SS
Perennial
Both
53
Average (feet)
(linear feet)
gy
road crossing
Temporary
Rip Rap Fill
fpact oat
Intermittent
Both
4
19
Average (feet)
(linear feet)
S3
road crossing
Permanent
Dewatering
Impact 3-SXE
Intermittent
Both
148
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
148
31. Total stream and ditch impacts:
220
3j. Comments:
28 feet of the S3 impact is the result of embedded rip rap which is not a loss
Total loss = 120LF (543 SF/0.0125 ac)
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
72
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The impacts are for proposed road crossings. All residential structures are outside of impact areas. Impact 1 is a bridge crossing that minimizes impacts
as much as practicable.
Q
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All applicable erosion and sediment controls will be installed and maintained according to current regulations. Spoil material will be placed in upland
areas and excess material will be removed from the site. All of the crossings are perpendicular crossings and they will be working in the dry.
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):
DWR 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:
Wildlands Holding
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland .6
3c. Comments
.6 wetlands credits requested from wildlands holdings
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
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
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Chatham County
Comments:
Project engineer is requesting SMP from Chatham County
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
O
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.
This project could result in change in some nearby land use; however, it is assumed that any future development performed by others would be
constructed in accordance with current regulations and downstream water quality would not be impacted
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
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
Unknown
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?
IPAC, NHP, EIA done by Sage (see attached), USFWS self certification
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?
https://www.habitat.noaa.gov/apps/efhmapper/?page=page-8
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?
https://nc. ma ps. a rcg is. co m/apps/weba ppvi ewe r/i n d ex. htm I?id=d2d04d 8d 7e03403f889419526e682529
Future SHPO consultation upcoming
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.com
Miscellaneous
0
u
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
The Conservancy Supporting Permit Attachments.pdf 74.09MB
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:
Rhiannon Graham
Signature
AI
Date
5/2/2024