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HomeMy WebLinkAbout20200093 Ver 1_PCN Form Submission_20200116DWR mrlslon 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?* C Yes r No Change only if needed. BIMS # Assigned 20200093 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Jewell Acres 1a. Who is the Primary Contact?* Wyatt Brown 1b. Primary Contact Email:* browenvgrp@gmaii.com Date Submitted 1/16/2020 Nearest Body of Water Pole Branch Basin Neuse Water Classification CNSW Site Coordinates Latitude: Longitude: 34.48300-78.54597 A. Processing Information County (or Counties) where the project is located: Johnston 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?* IT $240.00 r $570.00 Select Project Reviewer* Stephanie Goss:eads\szgoss 1c. Primary Contact Phone:* (919)524-5956 U 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 29 - Residential Developments 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 - E)press 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 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: Sue J. Langdon 2b. Deed book and page no.: Deed 02832, Page 0071 2c. Responsible party: 2d.Address Street Address 8192 NC 50 Hwy North Address Line 2 aty Angier Postal / Zip Cate 27501 2e. Telephone Number: (919)600-2125 2g. Email Address:* sue@theruffinagency.com 4. Agent/Consultant (if applicable) State / Province / Region NC Country USA 2f. Fax Number: r Yes r No r Yes r No 4a. Name: Wyatt Brown 4b. Business Name: Brown's Environmental Group, Inc 4c.Address Street Address 242 Batten Farm Road Address tine 2 City State / Province / Region Selma NC Postal / Zip Code Canby 27576 Us 4d. Telephone Number: 4e. Fax Number: (919)524-5956 4f. Email Address:* brovvnenvgrp@gmaii.com Agent Authorization Letter* Jewell Acres sue langdon permission.pdf 178.25KB C. Project Information and Prior Project History C^) 1. Project Information 1b. Subdivision name: (d appropriate) Jewell Acres 1c. Nearest municipality/ town: Benson 2. Project Identification 2a. Property Identification Number: 2b. Property size: 163300-41-6311 49 2c. Project Address Street Address not assigned Address tine 2 City State / Province / Rion Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Pole Branch 3b. Water Resources Classification of nearest receiving water:* CNSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located 030202011203 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The tract is a farm with woodlands. Sweet potatoes were grown on the farm the last crop year. The general vicinity is mostly row crop farms with new single family S/D's being built. 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 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Quad.pdf 330.03KB 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) soil map.pdf 258.69KB 4f. List the total estimated acreage of all existing wetlands on the property: -18.4 acres 4g. List the total estimated linear feet of all existing streams on the property: -6871 Ift 4h. Explain the purpose of the proposed project:* The project will be a S/D containing single family home sites. Paved streets will be installed along with water and under ground power . The water and power will be installed along the street side. Each lot will have their own onsite septic field. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* As stated above paved streets will be installed in the S/D to access home sites. The property is shaped oddly, with a very narrow lane connecting the 2 larger tracts. A wetland feature is just south of this narrow lane. In order to access the northern parcel the proposed street must run through the narrow lane impacting the edge of the wetland. The northern wetland is impacted by the street crossing to access the lots across the the wetland. There are no street stub outs on this project and since the development property will all be sold in the project no additional phases planned. The area has been intensively farmed for many years with farm chemicals and fertilizer being used with little regard to sedimentation and erosion control. This proposed project will adhere to the strict sedimentation and erosion and storm water controls of Johnston County. All the wetlands will be clearly marked on the final maps and each lot buyer will be aware where the wetlands are and if wetlands are on their individual lot, also, a note will be added to the final plot stating the wetlands are federally protected and the US Army Corps of Engineers must be contacted before any disturbance to the wetlands. If necessary, individual site plans will be prepared for lots Where wetlands impact is probable for the construction of the home, driveway, utilities and septic fields. to Bulldozers and motor graders will be used to construct the streets and a trackhoe Will be used to installed the culvert crossing. 4j. Please upload project drawings for the proposed project. JEWEL ACRES OVERALL WETLANDS IMPACT-01-07-2020.pdf 468.49KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: Neuse Buffer Determination -Johnston County local program (attached), PJD attached to this PCN 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary f Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Mike Eaker Agency/Consultant Company: Southeastern Soil & Environmental Associates, Inc. Other: 5d1. Jurisdictional determination upload JoCo Buffer Call and soils (1).pdf 6. Future Project Plans 6a. Is this a phased project?* r' Yes r No 1.76 MB r Unknown 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? No [D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts eat Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* Impact A street impact P Small -Basin Wetland Wetland D Yes Both 0.070 (acres) Impact B street crossing P Small -Basin Wetland Wetland B-C Both 0.020 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.090 2g. Total Wetland Impact 0.090 2h. Comments: 3. Stream Impacts 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 street crossing 9 Permanent Culvert S 1 Jurisdictional Ditch Both 3 Average (feet) 62 (lir�rfeet) ]riprap Permanent Rip Ra Fill S-1 Jurisdictional Ditch BothS2P Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 240 31. Total permanent stream impacts: 80 31. Total stream and ditch impacts: 80 3i. Total temporary stream impacts: 3j. Comments: The actual culvert impact is 62 feet, the rip rap apron is an additional 18 feet. The rip rap is placed flush with the bottom of the channel so the actual impact against the 1501ft threshold is 62 feet. 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: As previously discussed, the property odd shape With a very narrow section in the middle dictates where the street must be placed. Wetland D is just south of the narrow connection, the minimum amount of wetland D was impacted and still allow lots 17-20 on the east side of the street to be viable. The road shoulders were reduced to 4 feet and 2:1 backslopes to minimize impact.. Therefore, we are minimizing by using the minimum NCDOT requirements for centerline radii & street cross -sections @ wetland crossings. The redesign using minimum NCDOT requirements reduced the wetland impact significantly from the original design. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Anytime we are having an impact to wetlands or streams we will not work in periods of rain or imminent rain. The crossing impact is at a first order stream. A temporary check dam will be installed just down stream of the crossing instillation, In normal weather there should be little flow in the feature. If needed a pump around will be installed to divert clean water around the construction. Care will be taken to start and finish the wetland, stream impacts in one day and stabilize the disturbed areas with a ground cover before leaving for the day. Sediment control will be installed below the fill on impact A to protect the wetland from sedimentation. 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: less than 0.10 acre threshold 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? r Yes r No What type of SCM are you providing? f— Level Spreader W Vegetated Conveyance (lower SMNT) f— Wetland Swale (higher SMNT) f— Other SCM that removes minimum 30 % nitrogen r Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2. Stormwater Management Plan u 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 15ANCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 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) u 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 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. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r WA 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 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? NC Natural Heritage, US Fish & Wildlife IPAC, The NC Natural Heritage identified an occurrence of the Coppery Emerald pre 2004 with very low accuracy and is listed as significantly rare. It does not tolerate poor water quality, the general water quality in the crossing location is adversary impacted from sedimentation and agricultural chemicals. The IPAC listed potentially :1) Red -cockaded Woodpecker -the woodland is a mixture of red maple, sweet gum and non -old growth pines, As often found in unimproved forest there is an undergrowth of privet, and greenbrier, This very dense undergrowth, combined with the dominant presence of hardwood trees, and lack of old growth pine trees, provides no habitat and no effect for the Red -cockaded woodpecker. 2) Neuse River Waterdog -The only stream impact is area B , the impact is at the head of a 1 st order stream, the stream as expected is small and shallow water flow, it also has many plant growing in the bottom of the stream, the field runs up against the stram with no filter strip to filter sediment, farm chemicals, No effect. 3) Carolina Madtorrr"prefer clean water with permanent flow and are not tolerant of siltation and turbidity" they also prefer clear water 1-3 feet deep found in 3rd and 4th order streams. No effect 4) The Atlantic pigtoe "dependent on clean, moderate -flowing water with high dissolved oxygen content in creek and riverine environments." The stream feature is lowflowing, receiving sedimentation from the closely adjacent farming. The required habitat is not found in this location. no effect. Consultation Documentation Upload project _report_jewell_acres _0_22855_22855.pdf 766.38KB IPaC_ Explore Location.pdf 377.42KB 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 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?* hftp://gis.nedcr.gov/hpoweb/ 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 link above. Miscellaneous Comments Southeastern Soil & Environmental Associates Inc . PJD package attached Photo of Wetland D and Stream 1 attached below. U Miscellaneous attachments not previously requested. Langdon-JD request signed.pdf 209.28KB Wetland D photo near Impact A.pdf 1.18MB Stream 1 photo.pdf 1.01MB 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: Wyatt Brown Signature Date 1/16/2020 December 11, 2019 US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mr. Andy Williams Re: Jewell Acres, Johnston County I, the -undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The property's PIN number is 163300-41-6311 and 163300-50-5283. Also, Mr. Wyatt Brown of Brown's Environmental Group, Inc. has my permission to act as my agent on this property concerning wetlands and streams. Sue Johnson Langdon Date January 15, 2020 sue@theruffinagency.com 919-600-2125 ;National i` U S G S scielrce fora chalrgiug world te Scale: 1:9,028 Zoom Level: 16 600ft-78.545 35.482 Degrees The National Map - Advanced Viewer 714 zacks mill road, Benson X Q� Show search results for 714 zac... 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DESIGNED BY: HORIZONTAL SCALE: OVERALL WETLANDS IMPACT ELEVATION TOWNSHIP EE, PA 1 "=100' 11OC1'1 FOR JOHNSTON COUNTY NORTH CAROLINA DRAWN BY: EE, PA VERTICAL SCALE: • .yam gi eers ' P.A. it il"1 r PROPERTY DEVELOPER(S): CHECKED BY: DATE CREATED: CONSULTING ENGINEERS SURVEYORS JEWEL ACRES BS LAND, LLC FT 01-07-2020 & 1403 NC Highway 50 South - Benson, NC 27504 466 STANCIL RD. SURVEY INFORMATION: Phone: (919) 894-7765 Fax: (919) 894-8190 ANGIER, NC 27501 E-mail: general@enochengineers.com NC Firm License #C-2061 * * * DISCLAIMER * * * Johnston County assumes no legal responsibility for the information represented here. U d E3 b = e -j:P P Ge8 UCB • T GeD, Scale: 1:4836 - 1 in. = 402.99 feet Johnston County GIS (The scale is only accurate when printed landscape on a 8 1/2 x 11 size sheet with no page scaling.) January 15, 2020 FAIS U cB Q E O cn O 0- 0 Q O E ca O cn O cn E ca O U) ca N ca U) U) ca 0) N O ca ca al ■ ■■■ Roy Cooper. Governor ME NC DEPARTMENT OF Susi Hamilton, Secretary women NATURAL AND CULTURAL RESOURCES 0 son Walter Clark, director, Land and Water Stewardship NCNHDE-11105 January 15, 2020 wyatt brown Brown's Environmental Group, inc 242 Batten Farm Road Selma, NC 27576 RE. Jewell acres Dear wyatt brown. The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butlerWncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR71MENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 918.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Jewell acres January 15, 2020 NCNHDE-11105 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common NameM Last '� Element Accuracy Federal State Global State Group 0servation Occurrence Status tatus Rank Rank i Date = Rank Dragonfly or 33753 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? Damselfly georgiana Low Rare No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at httr)s:Z/ncnhde.natureserve.org/content/helr). Data query generated on January 15, 2020; source: NCNHP, Q1 Jan 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-11105: Jewell acres - F ���Onc rtson Rd -- Z n 2 Sh Pherd�� �. 215, 1 3 3 m - F'. I �ryRu E Z9`wy�n N h` W�E 40; S January 15, 2020 Project Boundary Buffered Project Boundary 1:23,874 0 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 km Sources Esri, HERE, Garmin, Intermap, increment P Corp-, GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User -Community Page 3 of 3