No preview available
HomeMy WebLinkAbout20241337 Ver 1_ePCN Application_20240927DW 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, electric generation projects located at an existing or former electric generating facility, or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned Version# * 20241337 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* Wilmington Regional Office - (910) 796-7215 Tyler Benson:Tyler.Benson Information for Initial Review la. Name of project: Lot 23 la. Who is the Primary Contact?* Dana Lutheran 1b. Primary Contact Email: * 1c. Primary Contact Phone:* dlutheran@segi.us (910)228-1841 Date Submitted 9/27/2024 Nearest Body of Water Stump Sound Basin White Oak Water Classification SA Site Coordinates Latitude: Longitude: 34.402907-77.582916 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Pender 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: 18 - Minor Discharges 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 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: 401 Water Quality Certification - Express Riparian Buffer Authorization 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 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 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) 1e. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: New Life Building 2b. Deed book and page no.: 2c. Contact Person: Ross Trifoli 2d.Address Street Address 2463 Hoover Rd Address Line 2 City State / Province / Region Hampstead NC Postal / Zip Code Country 28443 USA Yes No Yes No 2e. Telephone Number: (910)264-6987 2g. Email Address:* ross@newlifebuildingcompany.com 4. Agent/Consultant (if applicable) 4a. Name: Dana Lutheran 4b. Business Name: Southern Environmental Group, Inc. (SEGi) 4c.Address Street Address 5315 South College Rd Address Line 2 Suite E city Wilmington Postal / Zip Code 28412 4d. Telephone Number: (910)228-1841 4f. Email Address:* dlutheran@segi.us C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) ACCOLADE 1c. Nearest municipality / town: Surf City 2. Project Identification 2a. Property Identification Number: 4224-70-4647-0000 2c. Project Address Street Address Lot 23 Accolade Dr Address Line 2 city Surf City Postal / Zip Code 28445 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Stump Sound 3b. Water Resources Classification of nearest receiving water: SA 3c. What river basin(s) is your project located in? White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203020403 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 0.15 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 site is located within the Accolade SD, in Surf City, NC, which is a barrier island. Roads and infrastructure to support the ACCOLADE SD were installed without impacts to wetlands. The subdivision abuts a man made channel that allows tidal waters to encroach into the interior of some of the platted lots, but not within the project site, and normal high water is more than 125 linear feet away from the proposed development (see attached ACCOLADE Land Plan). Before construction on the roads and infrastructure and where needed, the site was bushhogged. Only mature trees remain within the uplands and typical herbaceous vegetation is found within the Section 404 (i.e., non -tidal fresh water marsh) and coastal marsh wetlands. Approximately 997 SF of Section 404 wetlands encroach into the back left portion of the project site (see attached Site Plan and Wetland Impact Map). The surrounding area is densely developed with single family being the primary land use. 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: 0.02 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a single family dwelling. 4L Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project will entail removing woody debris and unsuitable soils from the proposed wetland impact area and backfilling with clean earthen soil. A retaining wall will be installed to contain the fill to within the proposed impact limits, which consists of approximately 0.016 AC (700 SF). A T temporary construction buffer has been incorporated into the plan to give the workers some room, if necessary, while installing the retaining wall. The construction buffer will be returned to its original grade and contour and allowed to re -vegetate naturally, once construction has been completed. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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-2016-00332 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: CZR Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR See attached. 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? There are no 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. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 2. Wetland Impacts v 2a1 Reason (?) Fill 2b. Impact type* (?) P 2c. Type of W.* Non -Tidal Freshwater Marsh 2d. W. name A 2e. Forested* No 2f. Type of Jurisdicition * ?) Both 2g• Impact area * 0.016 (acres) Const. Buffer T Non -Tidal Freshwater Marsh A No Both 0.002 (acres) 2g. Total Temporary Wetland Impact 0.002 2g. Total Permanent Wetland Impact 0.016 2g. Total Wetland Impact 0.018 2i. Comments: If disturbed, the construction buffer area will be returned to its original grade and contour and allowed to re -vegetate naturally. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The Applicant had the site delineated for waters of the US, prior to starting the project. This allowed for avoidance and minimization efforts to be taken, from the beginning. Additionally, the application placed the home as close to the front setback as possible and is only including a 10' maintenance corridor off the back of the structure, and a retaining wall has been incorporated into the plan, to ensure sediment does not discharge into the adjacent wetlands, after construction has been completed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Prior to undertaking land disturbing activities, the Applicant will have sediment and erosion and stormwater best management practices in place. The measures will be inspected regularly and repaired/replaced as needed. 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): D W R 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: Batchelor's Delight Wetland & Stream Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.10 3c. Comments The Applicant is proposing to make payment to the aforementioned bank at a 4:1 mitigation to impact ratio. SEGi is requesting the USACE approve the use of the bank prior to their securing a credit reservation letter. 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 If no, explain why: This project is not located within NC's Riparian Buffer River Basins. 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 State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other 0 O Comments: The project site is covered under the ACCOLADE SO stormwater permit, which allows no more than 40 % BUA per lot. G. Supplementary Information 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. The stormwater runoff, generated by the proposed development, will be collected and treated before discharging into downstream receiving waters. 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. Surf City (see attached Septic and Soils Map). 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? SEGi relied upon the USFWS IPaC and NC NHP for lists of ES and DCH (See attachments 6 & 7). The project site does not exhibit habitat sufficient to support any of the listed species. 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? * SEGi utilized the EFH Mapper to determine whether the site would impact an essential fish habitat (See attachment 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? * The NC SHPO HPOWEB2.0 map revealed the US Army Camp Davis was located on the island, before it was abandoned and sold to private entities. The map indicates the camp is "Gone". The project site is not located within an area designated as a National Historic Place (See attachment 9). 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: See attached Floodplain Development approval, from the town of Surf City. 8c. What source(s) did you use to make the floodplain determination? Pender County GIS Floodplain (See attachment 10). 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 ACCOLADE Lot 23 9-27-24.pdf 6.81MB 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: Dana A. Lutheran Signature Date 9/27/2024 U