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