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HomeMy WebLinkAbout20181595 Ver 1_PCN Form Submission_20181120DWR IDIOM n of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 tial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned 20181595 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Wilmington Regional Office - (910) 796-7215 Information for Initial Review 1a. Name of project: 6900 Wild Magnolia Rd 1a. Who is the Primary Contact?* David Syster 1b. Primary Contact Email:* david.syster@segi.us Date Submitted 11/20/2018 Nearest Body of Water Smith Creek Basin Cape Fear Water Classification C, Sw Site Coordinates Version# * 1 What amout is owed?* r• $240.00 * $570.00 Select Project Reviewer* Chad Coburn:eads\cccoburn 1c. Primary Contact Phone:* (910)452-2711 Latitude: Longitude: 34.3091790 -77.832764° FA. Processing Information U County (or Counties) where the project is located: Flew Hanover Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: * 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? rJ Nationwide Permit (NWP) F- Regional General Permit (RGP) F Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 14 - Linear transportation 1e. 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: r 401 Water Quality Certification - Express r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown 1j. Is the project located in a designated trout watershed? C Yes r No F. Applicant Information 1d. Who is applying forthe permit? R Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? f Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Mark and Patricia Hollifield 2b. Deed book and page no.: 2c. Responsible party: 2d. Address Street Address 6900 Wild Magnolia Rd Address Line 2 City State / Frovinre / R�gicn Wilmington NC Postal / Zip Cede 0�untry 28411 USA 2e. Telephone Number: 2f. Fax Number: (910)619-1760 2g. Email Address:* toad942@gmaii.com C. Project Information and Prior Project History r Yes r No r Yes r No u 1. Project Information 1b. Subdivision name: (d appropriate) Greenview Ranches 1c. Nearest municipality/ town: Wilmington Project Identification 2a. Property Identification Number: R02700-001-034-000 2c. Project Address Street Address 6900 Wild Magnolia Rd Address Line 2 CRY Wilmington Fbstal / Zip Code 28411 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Smith Creek 3b. Water Resources Classification of nearest receiving water:* C, Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12 -digit HUC in which the project is located. 030300070808 4. Project Description and History 2b. Property size: 5.57 State / province / Region NC Country USA 4a. Describe the existing conditions on the site and the general land use 1n the vicinity of the project at the time of this application:* The subject parcel contains a single family home, detached garage and associated structures. The remainder of the property and surrounding area is undeveloped. The property is directly adjacent to 1-140 and in the vicinity of the Military Cutoff Extension. The Applicant's access has been removed during the construction of the Military Cutoff Extension. In order to re-establish access the Applicant hired a grading company to construct a road through an eAsting easement. That road has been "rough" graded but has not been completed. The majority of the road is within wetlands and has been reviewed by the Corps of Engineers. In addition to the road, ditches were constructed adjacent to the road in order to provide fill for the road. These ditches are not connect to any outfall and do not convey any water off site. They are not continuous and there are area's of undisturbed earth between each section of ditch. These areas are labeled "ditch blocks" on the attached drawings, but in effect are actually non-filled or excavated areas and thus should not be considered impacts. This is an After -the -Fact application as the Applicant has began working within a Jurisdictional Area. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 6900 Wild Magnolia USGS Topo - Scotts Hill.pdf 15.88MB 4e. 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) 6900 Wild Magnolia Soils Map.pdf 950.82KB 4f. List the total estimated acreage of all existing wetlands on the property: Subject Parcel 3 acres, easement 1.5 acres for a total of 4.5 acres. 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The Applicant's access to their home has been removed as part of the Military Cutoff Extension project. The purpose of the proposed impacts is to re-establish access to the Applicant's home from Plantation Rd. The Applicant will also restore areas of wetlands by reducing the width of the road from appropmately 18' to 12'. The ditches will also be partially filled in where available fill material is available. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will involve the construction of a road 1755' long and 12' wide from Plantation Rd. to the Applicants property. This will require 0.48 acres of unavoidable impacts to jurisdictional wetlands. The Applicant will also restore the wetlands in the vicinity of the road "shoulder" by reducing the travel lane of the road from 18' to 12' and allowing this area to re -vegetate. The ditches which were constructed will be partially filled in where soil is available as it is removed from the shoulder. Unfortunately, much of the soil from the ditches will need to remain within the 12' travel lane and there will still be some degree of the ditch remaining post restoration. These areas should still meet wetland criteria with soils, vegetation and hydrologic parameters being met. However, there will be surface water within them during rain events. This work will be accomplished with the use of heavy machinery such as bulldozers, excavators and dump trucks. 4j. Please upload project drawings for the proposed project. 6900 Wild Magnolia Ditch Exhibit 021918.pdf 311.68KB 5. Jurisdictional Determinations Sa. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No C Unknown Comments: Corps has determined the impact area is jurisdictional during site visits on 11/20/17 and 12/4/17 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW -2017-02440 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Brad Shaver, Brennan Dooley Agency/Consultant Company: USACE Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r Yes r 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? None D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Buffers F Open Waters r Pond Construction 2. Wetland Impacts a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* Road P Pocosin A Yes Corps 0.480 (acres) 29. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.480 2g. Total Wetland Impact 0.480 2h. Comments: 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: The Applicant reduced the width of the travel lane to the minimum allowed by the County Fire Marshall thus reducing impacts from 0.72 acres to 0.48 acres. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The Applicant did not construct or provide an outfall for the ditches to ensure that no secondary impacts would occur via lateral ditch effects. 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 r No 2c. If yes, mitigation is required by (check all that apply): V DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank r Payment to in -lieu fee W Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Lower Cape Fear Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.50 Attach Receipt and/or letter 3c. Comments The Applicant understands that compensatory mitigation requires a 2:1 mitigation ratio. However, the applicant is unable to afford the cost of the mitigation. At this time the Applicant is trying to acquire payment for a 1:1 payment to the LCFUMB. Reservation letter will be supplied once ratio is determined by agencies. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan including mitigation credits generated. The Applicant wall also restore the wetlands in the vicinity of the road "shoulder" by reducing the travel lane of the road from 18' to 12' and allowing this area to re -vegetate. The ditches which were constructed will be partially filled in where soil is available as it is removed from the shoulder. Unfortunately, much of the soil from the ditches will need to remain Within the 12' travel lane and there will still be some degree of the ditch remaining post restoration. These areas should still meet wetland criteria with soils, vegetation and hydrologic parameters being met. However, there will be surface water within them during rain events. 5b. Mitigation Plan Upload 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes r No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include oris it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The project will not generate any stormwater runoff as the ditches are not connected to an outfall. 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 Comments: 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?* f- Yes r No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * r Yes r No Comments:* The Applicant did receive a payment from NCDOT for the loss of access to their property. The Applicant and SEGi are unaware of the NEPA/SEPA requirements for this project but it is indirectly related to the Military Cutoff Extension project. 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 (15ANCAC 2B.0200)?* r Yes r No 2b Provide an explanation of the violation(s): The site is currently in violation due to the construction of the road through wetlands. This is an after the fact permit application. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. Due to the remote location of the property and significant vetland presence, it is unlikely that additional wetlands will be impacted in the future. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 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 r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees 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 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Threatened and Endangered Species website. NC Natural Heritage Program website Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC State Historic Preservation Office website 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Link Provided Miscellaneous U Comments The Applicant does wish to resolve all outstanding concerns with the agencies by going through the permit process. As discussed during previous meetings, mitigation cost is the primary concern of the Applicant. They did receive a payment from NCDOT for the removal of access to their property, however, due to the loss of access it the bank required the mortgage to be paid off. The mortgage payoff and the cost of the road being constructed has expended much of the money from NCDOT. At this time the Applicant is securing funds for a 1:1 payment to LCFUMB. Please contact me with any questions comments or concerns. Many thanks, David Miscellaneous attachments not previously requested. Signature u W By checking the box and signing below, I certify that: • 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: David A. Syster Signature Sign Date 11/20/2018 5F—G AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LT 209 SEC 4 GREENVIEW RANCHES LOT NO. PLAN NO. PARCEL I.D. R02700-001-034-000 STREET ADDRESS: 6900 Wild Magpolia Road Property Owner (please print): Patricia Hollifield The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental_ Group, Inc. (SEGi) to act on their behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): Telephone: 910-619-1760 We hereby certify the above information submitted in this application is true and accurate to the best of au owledge. � r C� V6;v;j )e��1 Proerty Owner Auth r ed Sig -mature SEGi Authorized Signature W-4eAc-C� ��tj� �` ,ejt" David Scibetta Print Name Print Name 0-011-1 Date 12/1/2017 Date Soil Map—New Hanover County, North Carolina a (6900 Wild Magnolia Soil Survey) 238300 238500 238700 238900 239100 239" 239500 239700 239900 240100 240300 240500 34° 19'T N M M 34° 18'7"N 238100 238300 238500 238700 238900 239100 239300 239500 3 rn Map Scale: 1:12,000 if printed on A landscape (11"x8.5") sheet. Meters N 0 150 300 600 90D Feet 0 500 1000 2000 3000 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 18N WGS84 G}DA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 3 a 240700 34° 19'3" N 239700 239900 240100 240300 240500 34° 18'7" N 240700 3 IV a 11/20/2018 Page 1 of 3 MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Spoil Area The soil surveys that comprise your AOI were mapped at Soil Map Unit Polygons im 0 Soil Map Unit Lines 0 Soil Map Unit Points Special Point Features Vo Blowout Borrow Pit measurements. Clay Spot Wet Spot Closed Depression 4�, Gravel Pit Web Soil Survey URL: Gravelly Spot Landfill •� Lava Flow Marsh or swamp + Mine or Quarry Water Features Miscellaneous Water Perennial Water distance and area. A projection that preserves area, such as the Rock Outcrop Saline Spot 4 Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip oa Sodic Spot Soil Map—New Hanover County, North Carolina (6900 Wild Magnolia Soil Survey) MAP INFORMATION UUP Natural Resources Web Soil Survey 11/20/2018 Iiim Conservation Service National Cooperative Soil Survey Page 2 of 3 Spoil Area The soil surveys that comprise your AOI were mapped at 1:15,800. Stony Spot Please rely on the bar scale on each map sheet for map Very Stony Spot measurements. Wet Spot Source of Map: Natural Resources Conservation Service 4�, Other Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) •� Special Line Features Maps from the Web Soil Survey are based on the Web Mercator Water Features projection, which preserves direction and shape but distorts Streams and Canals distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more Transportation accurate calculations of distance or area are required. Rails This product is generated from the USDA-NRCS certified data as Interstate Highways of the version date(s) listed below. US Routes Soil Survey Area: New Hanover County, North Carolina Major Roads Survey Area Data: Version 19, Sep 10, 2018 Local Roads Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Background ® Aerial Photography Date(s) aerial images were photographed: Dec 31, 2009—Oct 31, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. UUP Natural Resources Web Soil Survey 11/20/2018 Iiim Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—New Hanover County, North Carolina Map Unit Legend 6900 Wild Magnolia Soil Survey usDA Natural Resources Web Soil Survey 11/20/2018 Conservation Service National Cooperative Soil Survey Page 3 of 3 Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI Le Mu Leon sand Murville fine sand 24.7 442.8 5.2% 94.2% Se Seagate fine sand 2.8 0.6% Totals for Area of Interest 470.2 100.0% usDA Natural Resources Web Soil Survey 11/20/2018 Conservation Service National Cooperative Soil Survey Page 3 of 3