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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