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HomeMy WebLinkAbout20240818 Ver 1_ePCN Application_20240612DW 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# * 20240818 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* Raleigh Regional Office - (919) 791-4200 Joseph Myers:joseph.myers Information for Initial Review 1a. Name of project: Island Creek Reserve 1a. Who is the Primary Contact?* Deborah Shirley 1b. Primary Contact Email:* 1c. Primary Contact Phone:* dshirley@sandec.com (919)846-5900 Date Submitted 6/12/2024 Nearest Body of Water Swift Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.587411-78.518005 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Johnston Is this a NCDMS Project Yes No 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: 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 14 - Linear transportation 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 forthe 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: Wood Property Developments, LLC 2b. Deed book and page no.: DB:06595, DP:0289 & 0336 2c. Contact Person: 2d.Address Street Address 4112 Blue Ridge Rd Address Line 2 Suite 210 city Raleigh Postal / Zip Code 27612 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (910)233-8581 2g. Email Address:* andy@shenandoahhomes.us 3. Applicant Information (if different from owner) 3a. Name: Andy Mills 3b. Business Name: Shenandoah Homes, LLC 3c.Address Street Address 4112 Blue Ridge Road Address Line 2 Suite 210 city Raleigh Postal / Zip Code 27612 3d. Telephone Number: (910)233-8581 3f. Email Address:* andy@shenandoahhomes.us 4. Agent/Consultant (if applicable) 4a. Name: Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, Inc. 4c.Address Street Address 8412 Falls of Neuse Road Address Line 2 Suite 104 city Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address:* dshirley@sandec.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Cleveland Township 2. Project Identification 2a. Property Identification Number: 164600-29-0071;164600-39-2157;164600-38- 1768 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (919)846-9467 2b. Property size: 130.59 O 2c. Project Address Street Address Josephine Road; 335 and 339 Bald Head Drive Address Line 2 City Garner Postal / Zip Code 27529 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Swift Creek 3b. Water Resources Classification of nearest receiving water: C;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011006 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: * Existing conditions consist of three parcels with one parcel being to the north and south of Josephine Road. The land is primarily wooded with agricultural fields on the southern portion of the parcel along Josephine Road. The property has residential developments to the south and east, partially wooded residential lots to the west, and agricultural fields to the north. There are eight streams (A[swift Creek], B, C, D, E, G, H & 1) and fourteen wetlands (W1-W12, LW1-LW2) within the project boundaries. Pond 1 was determined to be a pond constructed in uplands and non -jurisdictional. General land use in the vicinity consists of residential, wooded, and agricultural land. 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: Approximately 11.62 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 9,632 LF 4h. Explain the purpose of the proposed project: The purpose of this project is to construct single family residential development. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The overall project consists of single-family residential development and the construction of roadway infrastructure, utilities, 151 single-family lots, and Stormwater Control Measures (SCM). Specifically, there are stream and wetland impacts associated with roads and trail crossings. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No G 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-2021-01579 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Kevin Murphrey Agency/Consultant Company: Soil & Environmental Consultants, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Onsite: USACE: SAW-2021-01579 - PJD/AJD sent by Chris Hopper on 03-04-2022. The AJD is for Pond 1. Johnston Co. Dept. of Public Utilities: NBR#NB21-038 issued on 11-22-2021 by Charles Pender. Offsite (SS connection to east-2 parcels): S&EC completed a wetland, stream and riparian buffer delineation, no features identifed. 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? It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands O Streams -tributaries O Buffers Open Waters I Pond Construction 2. Wetland Impacts O 2a1 Reason(?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * ?) 2g.Impact area Impact Area 1 Road Crossing P Bottomland Hardwood Forest W5 Yes Both 0.027 (acres) Impact Area 1 Road Crossing P Headwater Forest LW1 No Both 0.003 (acres) Impact Area 4 Trail Crossing (wooden T Bottomland Hardwood Forest W4 Yes Both pedestrian bridge) J#=1 2g. Total Temporary Wetland Impact 0.010 2g. Total Wetland Impact 0.040 21. Comments: Total permanent loss wetland = 0.030 acres; Total temporary stream = 0.010 acres 3. Stream Impacts 2g. Total Permanent Wetland Impact 0 030 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 Impact Area 1- Road Permanent Culvert Stream C Perennial Both 104 Crossing Averege (feet) (linear feet) S2 Impact Area 1-Road Temporary Other Stream C Perennial Both 4 16 Crossing- Construction Average (feet) (linear feet) Access/Dewatering S3 Impact Area 1-Road Crossing Permanent Other Stream C Perennial Both 4 16 (permanent- no permanent- Average (feet) (linear feet) riprap pad) S4 Impact Area 2- Road Permanent Culvert Stream D Perennial Both 104 Crossing Average (feet) (linear feet) S5 Impact Area 2 - Road Temporary Other Stream D Perennial Both 4 16 Crossing- Construction Averege (feet) (linear feet) Access/Dewatering S6 Impact Area 2- Road Permanent Other Stream D Perennial Both 4 21 Crossing (permanent- no Averege (feet) (linear feet) permanent-riprap pad) g7 Impact Area 3- Pedestrian Temporary Other Stream B Perennial Both 21 Bridge - Construction Access Averege (feet) (linear feet) S8 Impact Area 4- Pedestrian Temporary Other Stream I Intermittent Both 10 Bridge - Construction Access Averege (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 245 3i. Total temporary stream impacts: 63 31. Total stream and ditch impacts: 308 3j. Comments: Total permanent loss stream = 208 LF (0.02 acres); Total permanent -no permanent loss stream = 37 LF (0.003 acres) ; Total temporary stream = 63 LF (0.007 acres) E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts could be avoided & minimized to the maximum extent practicable. Impact Area 1 is proposed road crossing. Proposed impacts include permanent (i.e. culvert & headwalls), permanent -no permanent loss (i.e. riprap dissipator pad) and temporary (i.e. construction access/dewatering) stream impacts, and permanent wetland impacts. This road crossing is necessary to provide vehicular access to the northwestern portion of the property. Stream and wetland impacts have been minimized by utilizing head walls and retaining walls at the crossing, and by designing the crossing at a near perpendicular angle. Impact Area 2 is proposed road crossing. Proposed impacts include permanent (i.e. culvert & headwalls), permanent -no permanent loss (i.e. riprap dissipator pad) and temporary (i.e. construction access/dewatering) stream impacts. This road crossing is necessary to provide vehicular access to the northeastern portion of the property. Stream impacts have been minimized by utilizing head walls and retaining walls at the crossing, and by designing the crossing at a near perpendicular angle. Impact Area 3 & 4 are both 9' wide wooden pedestrian bridges. Impact 3 includes proposed temporary stream impacts for construction activities, Impact 4 includes proposed temporary stream and wetland impacts for construction activities. These impacts are necessary to provide pedestrian trails within the northern portion of the proposed project. Impacts have been minimized by utilizing bridge spans and avoiding permanent loss impacts. Impact Area 5 is also a pedestrian wooden bridge and will avoid wetland impacts by utilizing pile driven piers during construction. Note that the riparian buffer impact will be submitted to Johnson County for a No Practical Alternatives review. All temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. All temporary wetland impacts will be brought back to pre -construction contours and the existing adjacent wetland source will assist in the restoration of the wetland vegetation. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Per project engineer: throughout the development process, silt fence, sediment basins, sediment traps, diversion ditches, rock check dams, construction entrances, and temporary crossings will be utilized to reduce impacts during construction. 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: Permanent loss stream impacts are not greater than 0.02 acres, permanent loss wetland impacts are less than 0.10 acre. Impacts have been avoided to the maximum extent practicable. Therefore, compensatory mitigation in the form of mitigation payment has not been proposed. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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 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 Comments: Per project engineer: since this project is limited to 12 % impervious coverage, there are no requirements for Stormwater detention. Stormwater will be directed through roadside swales and vegetated swales throughout the development prior to flowing to any wetland and/or stream locations. In some areas of the project stormwater will flow via swales into ponds with outlets that were initially used during land disturbance as BMP's. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) land? * Yes No L 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. NEUSE/PHASE II: We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Island Creek Reserve project is a residential development. Additionally, the project is located within the Johnston County jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved. We anticipate that the NCDWR will advise us if any additional information 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. Per project engineer: a public sanitary sewer gravity flow system will be installed throughout the development and diverted to the Johnston County sanitary sewer collection system adjacent to the property. Johnston County WWTP (9.5 million GPD). 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? S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a query through the NC Natural Heritage Program database, and an official Species List through the Fac. The initial formal request was sent to the USFWS on September 30, 2021. S&EC originally received recommendations from USFWS on May 3, 2022 from a previous submission for this property. The S&EC determinations were that the proposed project is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). S&EC updated the T&E report and has submitted again to USFWS requesting comment on May 8, 2024. Please see attached S&EC Threatened & Endangered Species report. S&EC has not received updated comments to date. 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? The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 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 Service interactive map was referenced on May 20, 2021. A request for Environmental Review was submitted to SHPO requesting comments on June 21, 2021. A SHPO response letter was provided on July 16, 2021, see attached SHPO letter ER 21-1590. 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: There are proposed pedestrian trails with bridges within the FEMA 100-yr floodplain, no permanent fill within jurisdictional wetlands/waters 8c. What source(s) did you use to make the floodplain determination?" NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. 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 PCN Attachments —Island Creek Reserve.pdf 43.34MB 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: Deborah Shirley Signature Date 6/12/2024 O