HomeMy WebLinkAbout20180181 Ver 1_PCN Form Submission_20191122DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial 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
20180181
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Central Office - (919) 707-9000
Information for Initial Review
1a. Name of project:
Scarborough Mitigation Project
1a. Who is the Primary Contact?*
Cara Corder
1b. Primary Contact Email:*
cara@v,raterlandsolutions.com
Date Submitted
11 /22/2019
Nearest Body of Water
Neuse River
Basin
Neuse
Water Classification
C, NSW
Site Coordinates
Latitude: Longitude:
35.320700-77.986659
A. Processing Information
County (or Counties) where the project is located:
Wayne
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W 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?
* Nationwide Permit (NWP)
* Regional General Permit (RGP)
7 Standard (IP)
Version#*
1
What amout is owed?*
r $240.00
r $570.00
Select Project Reviewer*
Mac Haupt:eads\dmhaupt
1c. Primary Contact Phone:*
(919)614-5111
V
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
r Non-404 Jurisdictional General Permit
r Individual Permit
27 - Restoration
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - Express
V 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
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Water & Land Solutions LLC
2b. Deed book and page no.:
3427/65
2c. Responsible party:
2d.Address
Street Address
7721 Six Forks Road
Address Line 2
Suite 130
City
Raleigh
Fbstal / Zip Code
27615
2e. Telephone Number:
(919)614-5111
2g. Email Address:*
info@waterlandsolutions.com
2a. Name(s) on recorded deed:
Water & Land Solutions, LLC
2b. Deed book and page no.:
3564/54
State/Fr vine/Region
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
2c. Responsible party:
2d.Address
Street Address
7721 Six Forks Road
Address Line 2
Suite 130
City
Raleigh
Postal / Zip Code
27615
2e. Telephone Number:
(919)614-5111
2g. Email Address:*
info@waterlandsolutions.com
State / Province / Region
NC
Country
USA
2f. Fax Number:
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(ff appropriate)
1c. Nearest municipality/ town:
Goldsboro
2. Project Identification
2a. Property Identification Number:
3507132313,3507333302
2c. Project Address
Street Address
Casey Mill Road
Address Line 2
city
Goldsboro
Postal / Zip Code
28333
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Neuse River
3b. Water Resources Classification of nearest receiving water:*
Q 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.
030202020103
4. Project Description and History
2b. Property size:
231
State / Province / Fiegion
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 majority of the epsting stream reaches and wetland areas have been significantly altered as a result of historic and current agricultural practices on the site including ditching,
culverting of the stream, and stream channelization. These practices have altered the hydrology of the site and has allowed unfiltered flowof sediment and excess nutrients from
agricultural use. See section 3 of the Mitigation Plan for more detail.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
f Yes r No r Unknown
4d. 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)
Map 2_Topo.pdf 2.73MB
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)
Map 3_NRCS Soil. pdf 2.13MB
4f. List the total estimated acreage of all existing wetlands on the property:
20.52
4g. List the total estimated linear feet of all existing streams on the property:
10,181
4h. Explain the purpose of the proposed project:*
The primary purpose of the project is to restore, enhance, preserve and protect approximately 11,342 linear feet of stream and 118.7 acres of wetlands which flowdirectly into the
Neuse River approximately 0.4 miles belowthe project site. See section 2 of the attached Mitigation Plan for specific goals and objectives intended to improve aquatic resource
functions.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed stream restoration, enhancement, and preservation activities will be conducted on 8 stream reaches in the project area which are unnamed tributaries to the Neuse River.
Activities will consist of filling the impaired/channelized portions of existing streams and restoring natural floodplain connections within reaches. Further work to fill non -jurisdictional
agricultural ditches on the site will enhance and re-establish approximately 118 acres of wetlands on the site. Work will be conducted using track hoe excavators, dump trucks, tractors
with disk harrow or rippers, and other equipment typically used in restoration projects for channel construction, minor floodplain grading and in -stream structure installation. See
Mitigation Plan for proposed restoration practices and design approaches for each of the 8 stream reaches as well as common construction elements.
4j. Please upload project drawings for the proposed project.
SCARBOROUGH_FINAL MIT PLAN _11-22-19.pdf 16.57MB
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:
PJD to be provided with mitigation bank approval
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-2017-02527
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): George Lankford
Agency/Consultant Company: George K. Lankford LLC
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
JD submitted March 2019, site visit April 2019, revised JD submitted June 2019, and revised jurisdictional waters and table provided to Sam Dailey in November per draft mitigation plan
comments.
5d1. Jurisdictional determination upload
Final Scarborough PJD Package 111519.pdf 9.78MB
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 projector related activity?
D. Proposed Impacts Inventory C^U
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
17 Wetlands W Streams -tributaries r Buffers
W Open Waters r Pond Construction
2. Wetland Impacts
W1
W4
2a1 Reason (?)
Restoration
Restoration
2b. Impact type * (?)
P
P
2c. Type of W.*
Headwater Forest
Headwater Forest
2d. W. name *
W1
W4a
2e. Forested *
No
��Corps
2f. Type of
Jurisdicition*(?)
Corps
]0.990
2g. Impact
area*
0.340
(acres)
(acres)
W5
Restoration
P
Headwater Forest
W5
Yes
Corps
0.100
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
1.570
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
1.570
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
Restoration
Permanent
Excavation
Ur1-R1
Intermittent
Corps
P
4
2,808
Average (feet)
(linearfeet)
$2
Restoration
Permanent
Relocation
Ur1-R2
Perennial
Corps
10
1,450
Average (feet)
(linearfeet)
S3
Restoration
Permanent
Relocation
Ur1-R3
Perennial
Corps
13
1,176
Average (feet)
(linearfeet)
Restoration
Permanent
Excavation
Ur1A
Intermittent
Corps
237
Average (feet)
(linearfeet)
S5
Restoration
Permanent
Excavation
Ur113
Intermittent
Corps
P
5
1,261
Average (feet)
(linearfeet)
S6
Restoration
Permanent
Bank Stabilization
F(upper)
Perennial
Corps
7
590
Average (feet)
(linearfeet)
S7
Restoration
Permanent
Relocation
(lover)
Ur2 lower
Perennial
Corps
P
7
1,662
Average (feet)
(lin�rfeet)
S8
Restoration
Permanent
Relocation
Uri
Intermittent
Corps
P
4
997
Average (feet)
(lines feet)
3i. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
10,181
31. Total stream and ditch impacts:
1830
3j. Comments:
4. Open Water Impacts
3i. Total temporary stream impacts:
4a. Site # 4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type �114e.
Waterbody type
4f. Impact area
10
Fill/Restoration
P
Neuse
Fill
Ditch
0.42
�18
Fill/Restoration
P
Neuse
Fill
Ditch
0.07
Fill/Restoration
P
%use
Fill
Ditch
0.01
11
Fill/Restoration
P
%use
Fill
Ditch
0.06
12
Fill/Restoration
P
%use
Fill
Ditch
OF27
13
Fill/Restoration
P
Neuse
Fill
Ditch
0.33
14
Fill/Restoration
P
Neuse
Fill Ditch
0.32
15
Fill/Restoration
P
Neuse
Fill Ditch
0.52
16
Fill/Restoration
P
Neuse
Fill Ditch
0.23
17
Fill/Restoration
P
Neuse
Fill Ditch
0.17
18
Fill/Restoration
P
%use
Fill
Ditch
0.73
19
Fill/Restoration
P
Neuse
Fill
Ditch
0.39
20
Fill/Restoration
P
%use
Fill
Ditch
0.19
22 Fill/Restoration P Neuse Fill Ditch 0.28
23
Fill/Restoration
P
Neuse
Fill
Ditch
0.32
24
Fill/Restoration
P
%use
Fill
Ditch
0.18
25
Fill/Restoration
P
Neuse
Fill
Ditch
0.02
26
Fill/Restoration
P
%use
Fill
Ditch
0.08
27
Fill/Restoration
P
%use
Fill
Ditch
1.15
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
5.74
4h. Comments:
4g. Total permanent open water impacts:
5.74
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:
Proposed stream and wetland impacts and mitigation approaches are necessary to restore 9,591 LF of stream, enhance 590 LF of stream, preserve
3.33 acres of wetland, enhance 7.92 acres of wetlands, and restore 107.4 acres of wetlands all which flow directly to the Neuse River system.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sedimentation and Erosion Control measures will be implemented during the construction phase per the NCDEMLR - Land Quality S&EC Planning and
Design Manual and approved permit conditions. The stream restoration work will involve filling the old degraded channel and constructing stable
design channels. The contractor will work outside the degraded stream banks and only enter the channel from specific locations designated on the
plans to minimize buffer disturbances. A pump-around/dewatering operation will be utilized to minimize sediment entering downstream.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
This project is a stream and wetland mitigation project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
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?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SMNT)
r Other SCM that removes minimum 30 % nitrogen
W Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
(' Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes ( No
Comments:
G. Supplementary Information u
1. Environmental Documentation
la. 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 (15ANCAC 21-1.0500), 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
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.
The parcels involved in this stream and wetland restoration project will be put into a conservation easement restricting development in perpetuity.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r No r 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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r 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
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
Si. 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 and NC Natural Heritage Program Database. Contacted/public notice during prospectus stage of project regarding protected species. Four
(4) species are listed as Endangered (E) or Threatened (T) for Wayne County, North Carolina, Redcockaded woodpecker (Picoides borealis), Dwarf
wedgemussel (Alasmidonta heterodon), Tar River spinymussel (Parvaspina steinstansana), and the Yellow lance (Elliptio lanceolata). Project
implementation is not anticipated to have any negative impact on these species.
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?*
NCWRC and USFWS websites.
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 Office of Archives and History website and the NRIS database was searched. The project area and property do not contain nor are adjacent to any
properties listed by the National Register of Historic Places or the N.C. State Historic Preservation Office (NCSHPO). However, SHPO has made us
aware of a potential site on property, but no earthwork is proposed in this area.
7c. Historic or Prehistoric Information Upload
Scarborough Initial Evaluation Letter 031119.pdf
225.31 KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year flood plain?*
r Yes
r No
8b. If yes, explain how project meets FEMA requirements:
A majority of the project is located in the Neuse River floodway, FEMA Zone "AE". The topography of the site and the design of the restoration project
is not anticipated to create potential hydrologic trespass. The applicant will coordinate with the local floodplain administrator to determine if any
additional information is required such as a "No -Rise Certification."
8c. What source(s) did you use to make the floodplain determination?*
North Carolina Floodmaps / Floodplain Mapping Information System and FIRM Panels 37202597001</3720350600J
Miscellaneous L•
Comments
Attached are the project location map, existing hydrography maps, wetland impacts map, ditch impacts map, agent authorization forms, final mitigation plan, and WLS's response letter
to the draft mitigation plan comments.
Miscellaneous attachments not previously requested.
Sleepy Creek landowner form.pdf
214.53KB
Agent Form.pdf
172.12KB
Map 1_Project Location.pdf
2.61MB
Map 4_Existing Hydrography.pdf
2.51 MB
Map 5_Wetland Impacts.pdf
2.46MB
Map 14_Ditches.pdf
2.38MB
Scarborough_MP_FINAL 112219.pdf
131.25MB
Scarborough_MP_FINAL_IRT Response Letter.pdf
368.14KB
Signature
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:
Kyle Obermiller
Signature
Date
11 /22/2019
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
DEED PG, 658 DEED BOOK 31S6 PARCEL M: 3507039221
STREET ADDRESS: 2157 Pecan Road, Goldsboro, NC
Property Owner: Scarborough Heirs Farms of Wayne County LLC
J
WATER & LAND
SOLUTIONS
11030 Raven Ridge Rd
Suite 119
Raleigh, NC 27614
waterlandsolufions.com
919-614-5111
The undersigned, registered property owners of the above noted property, do hereby
authorize Adam McIntyre, CEO r of. Water & Land Solutions. LLC
to review nay property and to act on my behalf to take all actions necessary for the
processing, issuance and acceptance of necessary permits and/or certifications and any and
all standard and special conditions attached. This authorization allows the individual to
represent on my behalf to the necessary Government agency personnel for the proposed
property.
Property Owner's Address (if different than property above):
Telephone: (252)468-1688 _^
We hereby certify the above information submitted in this application is true and accurate
to the best of our knowledge.
0
Authorizedd Signature Authorized Signature
Date: �/Z a gf2 Z -7 Date:
4
WATER & LAND
SOLUTIONS
7721 Six Forks Rd
AGENT AUTHORIZATION FORM Suite 130
Raleigh, NC 27615
waterlandsolutions.com
919-614-5111
PROPERTY LEGAL DESCRIPTION:
DEED BOOK: 3 0 z Q PAGE: 3 8/ PARCEL ID: �O 3 Z 71 O
STREET ADDRESS: 4., O /" C- —7W cill
S u, Zo g7- / `79 ; A,�,��iy�-moo/✓
Please Print:
Property Owner:
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby
authorize
Adam V. McIntyre of Water and Land Solutions. LLC
(Contractor / Agent) (Name of consulting firm)
to review my property and to act on my behalf to take all actions necessary for the
processing, issuance and acceptance of necessary permits and/or certifications and any and
all standard and special conditions attached. This authorization allows the individual to
represent on my behalf to the necessary Government agency personnel for the proposed
property.
Propellty Ow'sAddress (idiff�rethaG r p� ty a� G
.� rF,B ✓� .j 61 age /✓. C' - �.. � .fire.....
Telephone: 9 ' 1 2— 2 i.
We hereby certify the above information submitted in this application is true and accurate
to the best of our knowledge.
prized Sign
Authorized Signature
Date: �_ l� Date:
Legend
Project Location O NC Cities
Wayne Co. Hydrography
Proposed Conservation Easement Wayne Co. Parcels
HUC-12 NC Counties
HUC-8 (Neuse)
Wayne County
0 50 100
oMiles
Project is located in
HUC-8:03020202
Neuse Subbasin
Location:
35.32110000'
-77.98972222'
U,
0 2.5 5
!LEMiles
6
sboro
Wayne County
0
N
Sources: Esri, HERE; Garmin, USGS' In'termap, IN6REME-NT P; NR/,\
jiiiili;;L�
,250 2,500 ' i , v
Esri Japan ETI, Esri�hina (H0ng'Kong), Esri`"rea; Esri (Thailar
Feet NGCC, (c) OpenStreetM'ap co'ntnbutors, and the GIS User Gom um nIty
WATER & LAND"
Scarborough Project Location FIGURE
SOLUTIONS Mitigation Project Map
NAD 1983 2011 State Plane
North Carolina FIPS 3200 FT US
Legend Sew\1'
QProposed Conservation Easement �DispoExisting Stream lall
Flowlines
Catchment
55 acres
71 acres O C
75 acres
86 acres
176 acres
C529 acres
0 604 acres
'r
0 625 1,250 2,500 Feet
=b — _`
—Copyri V@ 2013 N tiorn kdeographic
So -iety, i,'--cubed
'""
WATER & LAND
Scarborough
USGS Topographic
FIGURE
SOLUTIONS
Mitigation Project
Map
2
NAD 1983 2011 State Plane
North Carolina FIPS 3200 FT US
Legend
Q Proposed Conservation Easement
— Existing Stream
Ditches
Hydric Soils (LSS Determined): Hydroperiod 9-12%
Hydric Soils (LSS Determined): Hydroperiod 12-16%
Unverified Jurisdictional Wetlands
}
O 0 O .
00
Q O
UT1-R3
UT1B
D8 i
Des UT3
D17
LO AIR
UT1-R1
t o UT1-R2
F.
/WATER &LAND"
J SOLUTIONS
LJ
I
Scarborough
Mitigation Project
Existing
Hydrography
Map4
FIGURE
NAD 1983 2011 State Plane
North Carolina FIPS 3200 FT I
0 356 700 1,400
Fe
WATER & LA N D"
SOLUTIONS
Scarborough
Mitigation Project
Legend
Q Proposed Conservation Easement
Wetland Impacts
— Proposed Streams
Unverified Jurisdictional Wetlands
'•106«
�M , E- h r Geo gr phi s, CNEaS/Airbu's,�
I I PA IGN, th GI"Si Us ca mu N
Wetland Impacts FIGURE
Map
NAD 1983 2011 State Plane
firth Carolina FIPS 3200 FT US