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HomeMy WebLinkAbout20220920 Ver 2_ePCN Application_20240909DW 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# * 20220920 2 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* Washington Regional Office - (252) 946-6481 Robert Tankard:robert.tankard Information for Initial Review la. Name of project: Goldsboro Oak Forest la. Who is the Primary Contact?* Rick Toone 1b. Primary Contact Email:* 1c. Primary Contact Phone:* rtrone@withersravenel.com (919)538-8184 Date Submitted 9/9/2024 Nearest Body of Water Stoney Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.375754-77.930273 A. Processing Information - Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wayne 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: 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 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 401 Water Quality Certification - Express Riparian Buffer Authorization 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: Oak Forest Holdings, LLC 2b. Deed book and page no.: 3772; 449 2c. Contact Person: James P. Raynor 2d.Address Street Address 639 Executive Place Address Line 2 Suite 400 City State / Province / Region Fayetteville NC Postal / Zip Code Country 28305 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (910)481-0503 2g. Email Address:* patrick@cavinessandcates.com 3. Applicant Information (if different from owner) 3a. Name: James P. Raynor 3b. Business Name: Caviness & Cates 3c.Address Street Address 639 Executive Place Address Line 2 Suite 400 City State / Province / Region Fayetteville NC Postal / Zip Code Country 28305 USA 3d. Telephone Number: 3e. Fax Number: (910)481-0503 3f. Email Address:* patrick@cavinessandcates.com 4. Agent/Consultant (if applicable) 4a. Name: Rick Trone 4b. Business Name: WithersRavenel 4c.Address Street Address 115 MacKenan Drive Address Line 2 City State / Province / Region Cary NC Postal / Zip Code Country 27511 USA 4d. Telephone Number: 4e. Fax Number: (919)538-8184 4f. Email Address: rtrone@withersravenel.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Goldsboro, NC 2. Project Identification 2a. Property Identification Number: 2b. Property size: PINS:3519922922 & 3519839488 24.93 Q 2c. Project Address Street Address North Oak Forest Road Address Line 2 City Goldsboro Postal / Zip Code 27534 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Stoney 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. 030202020102 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 review area contains agricultural fields and a channelized intermittent stream. The onsite vegetative communities were characterized as agricultural and early successional. The agricultural fields are in active cultivation and at the time of the site visit contained the stubbles from harvested wheat. The early successional community ran along both sides of an intermittent stream (Stream 1) that bisected the review area. This community was comprised of annual ragweed (Ambrosia artemisitfolia), American sicklepod (Senna obtusifolia), American elder (Sambucus canadensis), dotted smartweed (Persicaria punctata), blackberry (Rubus occidentalis), and goldenrod (Solidago spp.). 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: 4g. List the total estimated linear feet of all existing streams on the property: 480 4h. Explain the purpose of the proposed project: * The purpose of the proposed project will consist of the construction of a 312-unit residential multifamily subdivision and associated infrastructure in one phase to meet the existing and growing demand for residential housing in Goldsboro and Wayne County. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project consists of the construction of the following: 13 apartment buildings/312 units and a total of 588 bedrooms • 9 garage buildings consisting of multiple covered garages per building 599 parking spaces • 15 ADA parking spaces • Clubhouse • Pool House and pool amenity area with grill pavilion • A Maintenance Shop and a trash compactor and recycling area Construction of infrastructure (roads, landscape buffers, utilities, stormwater management, etc.) Stream 1 bisects the site east to west and the USACE determined one segment of Stream 1 to be open water. Proposed permanent stream and open water impacts are necessary for the installation of two road crossings for the internal road network. Additional impacts are also proposed for rip rap dissipators for SCM 1 (Impact S3) and SCM 3A (Impact OW5). Lastly, a temporary stream impact is necessary to remove an existing culvert and restore that section of Stream 1 (Impact S1). Temporary impacts are necessary for construction/dewatering at the road crossings. The internal streets have dual functions as parking lots. The first crossing (Impacts S4-S7) will cross Stream 1 perpendicularly with two culverts (71' x 54" RCP and 71' x 72" RCP). Riprap dissipators will be constructed below the culverts to dissipate flow velocity to prevent erosion and sedimentation of the streams. The culverts will be buried 12" to allow for aquatic life passage. A second stream crossing for an internal road/parking lot will cross an open water segment of Stream 1 (Impacts OW1-OW4) perpendicularly with dual culverts (76' x 72" dual RCP). The culverts will be buried 12" to allow for aquatic life passage. Riprap dissipators will be installed below the culverts to prevent erosion and sedimentation of downstream waters. The riprap will be installed by burying the riprap such that the top of the riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of stream function. During construction of the culverted road crossings work will be completed "in the dry" by constructing temporary coffer dams upstream and downstream of the culverts as needed within the impact areas and pumping flow around the construction area. Upon completion of construction, all temporarily impacted streams will be restored to pre -construction contours and the banks will be stabilized using a biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream beds. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No G Unknown 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-2022-02540 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Alyssa Ricci Agency/Consultant Company: WithersRavenel Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR WithersRavenel (WR) conducted a delineation of the wetlands, streams, and riparian buffers in June 2022. See attached Approved Delineation Exhibit. WR met with the USACE onsite on February 16, 2023 and WR received a concurrence letter from the USACE on March 3, 2023. The USACE concurrence letter is included as an attachment. NC DWR issued a Neuse River Riparian Buffer Determination Letter (20220920 0) on November 8, 2022, which has been provided as an attachment. DWR determined the onsite feature to not be subject to the buffer rules. 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? No 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 3. Stream Impacts 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 Construction Access Temporary Dewatering Stream 1 Intermittent Both 15 12 Averege (feet) (linear feet) S2 Construction Access Temporary Dewatering Stream 1 Intermittent Both 18 Average (feet) (linear feet) S3 Rip Rap Install Permanent Rip Rap Fill Stream 1 Intermittent Both 16 12 Average (feel) (linear feet) S4 Construction Access Temporary Dewatering Stream 1 Intermittent Both 25 10 Averege (feet) (linear feet) SS Rip Rap Install Permanent Rip Rap Fill Stream 1 Intermittent Both 24 17 Average (feet) (linear feet) S6 Road Crossing Permanent Culvert Stream 1 Intermittent Both 24 71 Averege (feet) (linear feet) g7 Construction Access Temporary Dewatering Stream 1 ::IIntermittent Both 20 26 Averege (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 100 3i. Total stream and ditch impacts: 157 3j. Comments: 4. Open Water Impacts 3i. Total temporary stream impacts: 57 4a. Site # 4a1. Impact Reason 4b. Impact type 4C. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area OW1 Construction Access T Stream 1 Dewatering _11 Tributary 11 0.01 OW2 Rip Rap Install P Stream 1 Fill _11 Tributary 0.01 OW3 Road Crossing P Stream 1 Culverts Tributary 0.01 OW4 Construction Access T Stream 1 Dewatering :11Tributary 0.01 OW5 Rip Rap Install P Stream 1 Fill _11 Tributary 0.01 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.02 0.03 4g. Total open water impacts: 0.05 4h. Comments: Note that the proposed open water impacts are too small to fit the PCN form which only allows two decimal places. Please refer to the impact maps for actual open water impact amounts. E. Impact Justification and Mitigation O 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts for construction of the subdivision and infrastructure have been minimized to only those necessary for construction of two road crossings to access developable uplands and create connectivity within the site and to existing roads, two SCM outfalls, and removal of an existing culvert and associated stream restoration in the culvert location. Because Stream 1 and the open water segment of Stream 1 bisects the site east to west the stream cannot be avoided due to the need to access the entire site. Avoiding the stream by creating two entrances to the site and forcing traffic to drive around using surface roads to reach the other half of the development is not a feasible option. The site was designed around jurisdictional features therefore no impacts are proposed for construction of lots, utilities, or stormwater. All road crossings have been designed to cross perpendicularly to minimize impacts to aquatic features. The use of retaining walls and wing walls has been maximized to minimize impacts. Riprap dissipators will be constructed at road crossings such that the riprap will be installed by burying the riprap such that the top of the riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of stream channel. Upon completion of construction, all temporarily impacted areas will be restored to pre -construction conditions and grades, and temporarily stabilized with biodegradable matting and buffers will be seeded with a riparian seed mix. No matting will be placed on the stream bed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Access during construction will occur within uplands. Additionally, sediment and erosion control measures will be installed prior to 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 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 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 71 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments Please see attached NCDMS Acceptance Letter. 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 49. Coastal (tidal) wetland mitigation requested: (acres) 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 If no, explain why: Stream on site was determined to not be subject to the Neuse 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 Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Goldsboro Comments: The City of Goldsboro has structured their own Stormwater Management Program based on the Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy and the EPA Phase II Stormwater Rule. The Stormwater Management Plan consists of four SCM's (SCM 1, SCM 2A, SCM 213, and SCM 3B) that have been designed to pass the required one year as well as the 100-year design storm event via the primary spillway. SCM 3A has been designed to activity an auxiliary spillway during the 25-year storm discharging into an armored channel. Nutrient calculations indicate that the proposed Stormwater Management Plan has sufficient mitigation measures to comply with nutrient export standards in accordance with local and state regulations. G. Supplementary Information O 1. Environmental Documentation 1a. 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. Project will not result in additional development which could impact nearby downstream water quality. 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. Wastewater will be conveyed to collection system to be delivered at nearest wastewater treatment plant. 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 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? WR summitted a request on 9/3/2024 for the official species list generated using USFWS' Information for Planning and Consultation (IPaC), located at https:/Iecos.fws.gov/ipac/. This species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of the project and may be affected by the project. The IPaC list specified that there are four species (Red -cockaded Woodpecker, Neuse River waterdog, Carolina Madtom, and Atlantic Pigtoe) that may be within the project area or affected by the project. The 9/3/2024 IPaC list has been provided as an attachment. WR submitted a project review request to the NCNHP on 9/3/2024 through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The NCNHP project review did not identify any known occurrences of federally listed species within the review area or within 1.0 miles, as documented in the attached letter from NCNHP dated 9/3/2024. On 06/23/2021, WR conducted a pedestrian survey to assess vegetative communities and identify potential habitat for, or occurrences of federally listed species within or immediately adjacent to the review area. The review area contained two vegetative communities (agricultural and early successional). The agricultural fields and early successional community within the review area were not considered potential RCW nesting habitat. A review of aerial photography determined that there are no large areas of mature pine forest within 0.5 mile of the review area sufficient to be considered suitable RCW nesting habitat. Therefore, the review area was not considered potential RCW foraging habitat. Based on a lack of potential habitat, and lack of nearby records, WR concludes that the proposed project will have No Effect on RCW. The intermittent stream within the review area was not considered potential habitat for the Neuse River Waterdog, Carolina Madtom, or Atlantic Pigtoe due to the lack of water in this stream during portions of the year. Targeted surveys for the presence/absence of a population were not conducted. Based on the lack of potential habitat, lack of nearby records, WR concludes that the proposed project will have No Effect on Neuse River Waterdog, Carolina Madtom, or Atlantic Pigtoe. The review area does not contain occurrences of, or potential habitat for the Red -cockaded Woodpecker, Neuse River Waterdog, Carolina Madtom, or Atlantic Pigtoe and the proposed activities will have no effect on these species. Therefore, based our findings and best professional judgment Section 7 consultation with the USFWS under the ESA is not required as the proposed project will have No Effect on federally listed threatened or endangered species known to occur in Wayne County. 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? WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html. There are no waters classified as EFH in Wayne County. 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?" On July 5, 2022, WR submitted a SHPO request review for the site. SHPO replied with a letter on July 25, 2022, and indicated they were not aware of any historic resources that would be affected by the proposed project. The SHPO final comment letter has been provided as an attachment. 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?" There are no Special Flood Hazard areas located on the subject site per FEMA Flood Insurance Map 3720351900K dates June 20, 2018. 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 Cover Letter and Attachments.pdf 22.18MB File must be PDF or KMZ Comments Please see the included Attachments and Cover Letter. 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: Rick Trone Signature Q AW Date 9/9/2024 M