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