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HomeMy WebLinkAbout20180794 Ver 1_401 Application_20180607Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 6/7/2018 11:38:58 AM (Start Event) Accept by Montalvo, Sheri A 6/12/2018 10:53:55 AM (Non DOT Initial Review) • The task was assigned to Montalvo, Sheri A. The due date is: June 12, 2018 5:00 PM 6/7/2018 11:40 AM DWR Dfutslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs. deq. nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30. pdf A. Processing Information County (or Counties) where the project is located:* Alamance Is this project a public transportation project?* r Yes G No This is any publicly funded by rrunicipal,state or federal funds road, rail, airport transportation project. 1a. Type(s) of approval sought from the Corps:* PF Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* r% Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits. All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form. Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Number Other: List all WV nun-bers you are applying for not on the drop dow n list. 1c. Type(s) of approval sought from the DWR:* check all that apply 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express r Non -404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit * 1d. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: G Yes r No O Yes a No 1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? V so, attach the acceptance letter from mitigation bank or in -lieu fee program r Yes r No 1f. Is the project located in anyof NC's twenty coastal counties?* r Yes r No 1h. Is the project located in a designated trout watershed?* r Yes r No Link to trout information: http://wuwv.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Ashley Bentz of S&ME, Inc. 1b. Primary Contact Email:* abentz@smeinc.com 1c. Primary Contact Phone:* (XXX)XXX-XXXX 1d. Who is applying for the permit? r- Owner V Applicant (other than owner) V Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: Whitesell Worth Rhyne Irrevocable Trust 2b. Deed book and page no.: Book 3177, Page 0514 2c. Responsible party: (for Corporations) Cheryl Rhyne Whitesell 2d. Address Street Address 1844 Old St Marks Church Road Address Line 2 CRY Burlington Fbstal / Zip Code 27215 2e. Telephone Number: ()=)XXX-XXXX 2f. Fax Number: (X_XX)XM-XXXX 2g. Email Address:* bnarkaWcz@calamar.com / Ftovince / Plegion NC Country 3. Applicant Information (if different from owner) 3a. Applicant is: f Agent C Other If other please specify. 3b. Name: Brent Narkawicz 3c. Business Name: (if applicable) Calamar 3d. Address Street Address 43 Technology Drive Address Line 2 aty State / Province / Flegion Bedford NH Fbstal / Zip Code Country 03110 3e. Telephone Number: (603)325-0827 (XXX)XXX-XXXX Fax Number: (855)230-0471 (XM)MX-XXM Email Address:* bnarkaWcz@calamar.com 4. Agent/Consultant (if applicable) 4a. Name: Ashley Bentz 4b. Business Name: (if applicable) S&ME, Inc. 4c. Address Street Address 3201 Spring Forest Road Address Line 2 City State/ Province/ Fegion Raleigh NC F bstal / Zip Code Country 27616 4d. Telephone Number: (919)872-2660 (xxx)xxx-xxxx 4e. Fax Number: (XXX)XXX-XXXX 4f. Email Address:* abentz@smeinc.com Agent Authorization Letter* Reese provide the Agent Authorization Letter if you are submitting this document. Revised Calamar Agent Authorization Form (USACE).pdf 35.77KB RLETYFEM-STBEREF C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Calamar Burlington Proposed Senior Living Facility 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: * Burlington 1d. Driving directions* If it is a new project and can not easily be found in a GPS mapping system Rease provide directions. From Raleigh, take 1-540 W from US -1 N/ Capital Blvd. Take Eat 1-A toward Durham on 1-40W. Take exit 141 off 1-40W for Huffman Mill Road. Turn left on Huffman Mill Road. Turn right into Old Saint Marks Church Road/ St Marks Church Road. Site will be on the left (1844 Old Saint Marks Church Road in Burlington, NC). 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 8854-02-1159,8854-02-0414,8844-92-8018 2b. Property size: (in acres) 9.43 2c. Project Address Street Address 1844 Old Saint Marks Church Road Address Line 2 City State / Province/ Region Burlington NC Fbstal / Zip Code Country 27215 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* 36.062823 ex: 34.208504 Longitude:* -79.507267 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT- Back Creek 3b. Water Resources Classification of nearest receiving water:* WS -V: NSW Surface Water Lookup 3c. What river basin(s) is your project located in?* Cape Fear River Basin Lookup 4. Project Description 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 property is currently developed with a single family home. Also present on site is a pond approximately 0.67 acres. The majority of the undeveloped portion of the site is herbaceous, with some forested areas. General land use in the vicinity of the site is mixed, with a variety of institutional, residential, industrial, and commercial uses. 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) nick the upload button or drag and drop files here to attach docurent USGS.pdf File type rust be pdf 772.31 KB 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Click the upload button or drag and drop files here to attach docurrent SOIL.pdf 1.63MB File type rust be pdf 4d. List the total estimated acreage of all existing wetlands on the property: 0.74 ac 4e. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 0 linear feet 4f. Explain the purpose of the proposed project:* The purpose of this project is to construct an independent living facility for those aged 55 or older. This nursing home will have 140 one and two bedroom units and is designed for active senior residents. 4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The site consists of three contiguous tax parcels (Alamance Co. Parcel ID Nos.112471, 112472, 107161) totaling approximately 9.43 acres. Current plans are to construct a three-story independent living facility with associated paved parking to the west, south, and east of the structure. Four single -car garage buildings are planned on the eastern or western sides of the parking areas. A stormwater basin is also proposed in the southwest corner of the property to treat stormwater resulting from the project. Construction will be performed by standard commercial construction equipment. No specialized equipment not regularly seen on commercial projects is anticipated. 4h. Please upload project drawings for the proposed project. nick the upload button or drag and drop files here to attach docurrent Wetland impact exhibit.pdf 340.69KB Wetland site exhibit.pdf 376.05KB File type rust be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: Delineation performed by Ashley Bentz of S&ME 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Unknown r WA Corps AID Number: Exarrple: SAW2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Ashley Bentz S&ME, Inc. 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. PJD Request submitted to the USACE on 11/28/17. On 1/12/18 a site visit was conducted with Mr. David Bailey of the USACE, who verified the delineation as correct as depicted within the PJD request. The PJD will be issued concurrently with the NWP. 5d1. Jurisdictional determination upload Click the upload button or drag and drop files here to attach docurrent USACE Verification Email.pdf 79.23KB File type rrust be FDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* r Yes C No r Unknown 7. Future Project Plans 7a. Is this a phased project?* C Yes f• 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. No other NWPs, regional general permits, or individual permits are intended to be used. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): 17 Wetlands r Streams -tributaries r Buffers m Open Waters r Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Site # - Reason for impact* 2b. Impact type * 2c. Type of wetland* Wetland Impact W2 P Headwater Forest IVhp label (e.g. Fbad Grossing 1 - Culvert, Fbrmanent (P) or dewatering, etc) Temporary (T) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.020 2g. Total Wetland Impact 0.020 2d. Wetland name *2e. 2f. Type of 2g. Impact Forested* Jurisdicition* area* W2 No Corps 0.020 (404, 10) or D✓VR(401, (acres) other) 2h. Comments: Wetland impacts are limited to 0.02 acres of permanent impacts to an emergent wetland. The wetland will be filled to allow for the grading for the required driveway, sidewalk, and stormwater basin. See avoidance and minimization section for additional information on the wetland impact. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Site # - Reason for 4b. Impact type * 4c. Name of waterbody* impact* Pond Impact OW1 T OW1 Nbp label (e.g. Road Crossing 1) Fern -anent (F� or (if applicable) Temporary (T) 4g. Total temporary open water Impacts: 0.01 4g. Total permanent open water impacts: 0.00 4g. Total open water impacts: 0.01 4d. Activity type * 4e. Waterbody type *4f. Impact area Fill Pond 0.01 (acres) 4h. Comments: Open Water impacts will be limited to 0.01 acre of temporary impacts to allow for the installation of a new outlet structure for the pond. All disturbed areas will be returned to original contour after installation of the outlet structure is complete. The existing outlet is not functional and has been damaged since it was originally installed. 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:* While the project was being designed, NCDOT required that the entrance and driveway would need to access Old St. Marks Church Road at the location depicted on the attached Site Exhibit. NCDOT also required that the proposed access road be widened from the existing 10 -12 -foot width to 24 -feet wide, resulting in an increased impact width and the need for additional grading. Due to the required location of the proposed driveway entrance, impacts to either the open water pond or wetland W2 would be necessary. The project engineer designed the improved access road to avoid additional impacts to the jurisdictional open water pond by shifting the grading required for the voider access road east to impact W2, which results in a smaller impact due to the perpendicular nature of W2. The proposed stormwater basin, which was required by the City of Burlington to comply Wth local and state stormwater ordinances, was located in the southwestern location depicted on the attached Site Exhibit due to required setbacks and in order to avoid more significant impacts to wetland W1 in the western portion of the site. The grading for the embankment of the proposed stormwater basin is necessary to ensure the pond is built in a stable, safe, and well -constructed manner. The City of Burlington has also required the installation of a sidewalk along Old St. Marks Church Road, which also requires grading which will impact wetland W2. Appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used to minimize impacts to the open water pond. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Specific attention will be paid to ensure grading is only performed to the extent needed for the proposed project and all grading not required will be avoided. Additional impacts to the pond will be avoided through the use of appropriate sediment and erosion control devices. 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? r Yes F No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The project will impact less than 0.10 acres of wetlands. F. Stormwater Management and Diffuse Flow Plan (required by DWR) ................... *** Recent changes to the stormwater rules have required updates to this section .*** 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? r Yes r No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: There are no buffered features on site as confirmed by NC DEQ in a Stream Determination Letter dated January 17, 2018. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No To look up low density requirement click here 15A NCAC 02H .1003(2). 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?* t: Yes r No Fint: projects that have vested rights, exemptions, or grandfathering from state or locally irrplerrented storrrvater prograrrs or projects that satisfy state or locally-inlAerrented storrrwater prograrrs through use of comrunity in -lieu programs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):* rJ Local Government F State Local Government Stormwater Programs* V Phase II F- NSW r- USMP r Water Supply Please identify which local government stormwater program you are using.* City of Burlington 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?* r Yes r 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)? * r Yes r No 2b. Is this an after -the -fact permit application?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* r Yes F No 3b. If you answered "no," provide a short narrative description. This project is a standalone project and no additional development is anticipated as a result of this project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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 generated as a result of this project will be treated at the East Burlington Wastewater Treatment Plant with a capacity of 12 million gallons per day (MGD) or the South Burlington Wastewater Treatment Plant with a capacity of 12 MGD. 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?* r Yes F No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* O Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* f Yes r No 5e. Is this a DOT project located within Division's 1-8?* r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No r Unknown Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 51. 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? An official species list for any species which is listed or proposed to be listed which may be present in the area of the proposed action was requested from the USFWS via their Information for Planning and Consultation (IPaC) system. This species list did not identify any protected species which might be present within the area of the proposed action. A search of the NC Natural Heritage Program (NCNHP) elemental occurrence database did not identify any state or federally protected species within one mile of the project area. The Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species List for Alamance County, NC identified a single protected species within the county, the Cape Fear Shiner. According to the NC Wildlife Resources Commission website (http://ncwildlife.org/Learning/Species/Fish/Cape-Fear-Shi ner#2513696-deta iled-information), the Cape Fear Shiner is commonly found in shallow, rocky shoals within main river channels. In winter months, these fish migrate into smaller tributary streams. While there is a pond on site, there is no stream flowing into or out of the pond, making it unsuitable as habitat for the Cape Fear Shiner. There are no streams on site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* f Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The USFWS website hftp:wwv.fws.gov/Raleigh including IPaC, NC Natural Heritage Program's online database, GIS data of Elemental Occurrences and Significant Natural Heritage Areas (March 2018) for the project area downloaded from the North Carolina Center for Geographic Information and Analysis website, NCOneMap.com, and the Essential Fish Habitat Mapper on the NOAA Habitat Conservation Website. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpovveb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Review of the historic properties on the North Carolina State Historic Preservation Office Geographic Information Systems (GIS) Virtual Workroom (Http:Hgis.ncdcr.gov/hpovveb/) did not reveal any historic properties within the or its immediate vicinity. See the attached NCSHPO historic resources summary for additional information on historic resources identified within a one -mile search radius of the site. 7c. Historic or Prehistoric Information Upload pick the upload button or drag and drop files here to attach docurrent NCSHPO Historic Resource Summary.pdf File crust be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes C No 3.02MB 8c. What source(s) did you use to make the floodplain determination?* Available FEMA mapping (Map Panels 3710885400K and 3710884400L, effective 11/17/17) and the Project Engineer. Miscellaneous Miscellaneous attachments not previously requested. pick the upload button or drag and drop files here to attach docurrent NCNHP Report 5-24-18.pdf Species List_ Raleigh Ecological Services Field Office.pdf Calamar Burlington PJD Request.pdf St Marks Church Rd - Calamar - Stream Determination Letter.pdf 2018.04.25--Calamar Burlington Water quality design.pdf 2018-04-25--Calamar Burlington Stormwater Management Plan.pdf File crust be FDF or KW Signature W By checking the box and signing below, I certify that: 980.62KB 188.88KB 17.41 MB 137.52KB 229.43KB 993.57KB ■ 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:* Ashley Steele Bentz Signature Date Submitted: 6/7/2018 Initial Review Is this project a public transportation project?*(? r Yes r No Change only it needed. Has this project met the requirements for acceptance in to the review process?* r Yes r No BIMS # Assigned * 20180794 Version#* Reviewing Office* Winston-Salem Regional Office - (336) 776-9800 Select Project Reviewer* Sue Homewood:eads\slhomewood Is a payment required for this project?* r No payment required f Fee received C Fee needed - send electronic notification