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HomeMy WebLinkAbout20200095 Ver 1_PCN Form Submission_20200116DWR 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 IT No Change only if needed. BIMS # Assigned 20200095 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: Dante Martin Vet Clinic 1a. Who is the Primary Contact?* Kim Williams - Land Management Group 1b. Primary Contact Email:* kWiliams@lmgroup.net Date Submitted 1/16/2020 Nearest Body of Water Ui to Mill Creek Basin White Oak Water Classification SA; HOW Site Coordinates Latitude: Longitude: 34.368801-77.709099 A. Processing Information County (or Counties) where the project is located: Pender 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) r- Regional General Permit (RGP) 7 Standard (IP) Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Robb Mairs:eads\rlmairs2 1c. Primary Contact Phone:* (910)452-0001 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 39 - Commercial/Institutional 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: F 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 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? 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: LFM Holdings, LLC 2b. Deed book and page no.: 2c. Responsible party: Dante Martin, DVM 2d.Address Street Address 785 Chadwick Shores Drive Address Line 2 City Sneads Ferry Rstal / Zip Code 28460 2e. Telephone Number: (910)526-3480 2g. Email Address:* dante.martin.dvm@hotmail.com State / Rovince / Fbgion NC Country USA 2f. Fax Number: r Yes r No r Yes r No 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Land Management Group 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* killiams@lmgroup.net Agent Authorization Letter* signed agent auth form.pdf C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Hampstead 2. Project Identification 2a. Property Identification Number: 3282-97-5465-0000 2c. Project Address Street Address 14810 US Hwy 17 Address Line 2 City Hampstead Postal / Zip Code 28443 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT to Mill Creek 3b. Water Resources Classification of nearest receiving water:* SA; HOW 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203020403 4. Project Description and History State / Province / legion NC Country USA 4e. Fax Number: (910)452-0060 2b. Property size: 0.94 State / Province / Fegion NC Country USA 1.76MB 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 tract is undeveloped and mostly mowed. The majority of the site lacks a tree canopy and has a sparse shrub layer of wax myrtle. Trees are present along the northeastern, eastern, and southeastern project boundaries. Some wetlands and a shallow swale are located in the eastern part of the tract. Another swale runs along the southeastern property line. Adjacent land use is commercial to the north, a church to the east, undeveloped and mowed land to the south, and Highway 17 to the west. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes G 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) Fig 2 Topo.pdf 232.46KB V 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) Fig 4 Soils.pdf 258.27KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.25 4g. List the total estimated linear feet of all existing streams on the property: N/A 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a veterinary clinic to serve the needs of the community. Wetland impacts are needed to construct an emergency turn -around area. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project includes the construction of a 50' x 70' veterinary clinic, a 24-ft wide driveway, and 15 parking spaces behind the building. Note that parking cannot be located in front of the building because of an existing billboard in this area. Additionally, a detention pond and emergency turn -around area will be located behind the building. The building, parking, and emergency turn -around footprint will be cleared of vegetation and fill material will be brought into the site to level the area of disturbance. The pond, structure, road, and parking area will then be constructed. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 4j. Please upload project drawings for the proposed project. WETLAND EXHIBIT 1.8.20.pdf 473.77KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes C No C Unknown Comments: _MG delineated the site and submitted a JD request package to the USACE on 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary C Approved r Not Verified r Unknown C N/A Corps AID Number: _MG submitted a data package on 10/29/19 (Crestwood) and it was assigned SAW-2019-02091. 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nick Howell Agency/Consultant Company: Land Management Group Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* C 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? No 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 r Open Waters r Pond Construction 2. Wetland Impacts !a. Site #* (?) 2a1 Reason M 2b. Impact type * M f�e of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition * M area* _11 Fill for road P Non-Riverine Swamp Forest WA No Both 0.160 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.160 2g. Total Wetland Impact 0.160 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: Because of the small size of the parcel, wetland avoidance was not possible. The proposed building and parking had to be pushed back off of Highway 17 because of an eAsting billboard. This put the turn -around area partially in wetlands. The number of parking spaces was minimized. Additionally, the size of this turn -around area was minimized as much as possible while still leaving a large enough radius for vehicles. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A stormwater plan and erosion control plan will be implemented to minimize secondary impacts from run off and erosion. 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): r DWR fJ Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Northeast Cape Fear Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.2 Attach Receipt and/or letter NECFUMB_Credit Reservation —Dante Martin Vet.pdf 159.98KB 3c. Comments A ratio of just over 1:1 is proposed because the wetland impact area is degraded. A review of aerial photos shows that the site has been in a mowed state since the early 1980s. Additionally, shallow swales along the southern and western project boundaries likely affect hydrology. Adjacent land use is mostly developed and/or cleared. 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 If no, explain why: Site is located within the White Oak River Basin. 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 15ANCAC 02H .1003(2)? r Yes r No 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? r Yes r No 2d. Which of the following stormwater management programs) apply: r Local Government V State State Stormwater Programs r Phase II FJ Coastal Counties F HWQ or ORW r Other Comments: Engineer is currently preparing a store-mrater plan. 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 (15ANCAC 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. Project will not provide access or utilities to adjacent properties. No additional wetland impacts are anticipated on the site. 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. Project will tie into municipal wastewater treatment system. 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 Se. 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 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? The NC Natural Heritage Program website was reviewed to determine the known presence of federally listed species. No federally protected species are known to occur on or within a one -mile radius of this site. Since the lot is mostly cleared, it would not provide suitable habitat for the red -cockaded woodpecker. A few trees exist on the perimeter of the site, which may support appropriate roosting habitat for the northern long-eared bat. Since no hibernacula or roosting trees are known to occur in close proximity to the site, any effect to the species from tree clearing would be exempt per the 4(d) rule. 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?* NOA EFH 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 f• No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The SHPO HPOWEB GIS website was reviewed. No historic or cultural resources were identified on or adjacent to the site. Two surveyed structures were noted just north of the site. These structures were listed as ineligible for listing. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r^ Yes IT No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center website Miscellaneous Comments Miscellaneous attachments not previously requested. Fig 1 Vicinity Map.pdf 223.79KB Fig 6 2016.pdf 251.83KB Fig 7 Wetland Map.pdf 314.88KB Signature P 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: Kimberlee C Williams Signature v� -,a ,was �foW., Pae.6 Date 1/16/2020 LMG LAND MANAGEMENT GROUP a GAkW#- company AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Land Management Group to act as our agent in the determination of jurisdictional wetland boundaries on the subject property, Crestwood Traci By way of this form, I/we additionally authorize access to the site by representatives of the US Army Corps of Engineers and/or the NC Division of Coastal Management for the purpose of reviewing the flaggedwetland boundary and providing a final jurisdictional determination. Any questions regarding the jurisdictional wetland determination should be directed to Land Management Group —A Davey Company. Please provide the following information: Property Address and Parcel ID Number: 1481OUS Highway 17• Hampstead, NC; 3282-97-5465-0000 Current Property Owner Name: LFM Holdings LLC c/o Dante Martin, DVM Owner Address, Phone Number, & Email Address: 785 Chadwick Shores Drive; Sneads Ferry, NC 28460• f910}526-3480• dante.martin.dvm(a,hotmail.cotn Notice: This authorization, for liability & professional courtesy reasons, is valid only for government officials to enter th e property when accompanied by Land Management Group staff. Please call LMG to arrange a site meeting prior to visiting the site. -DikIA t,C �A Nf LT l to Print Owner's Name Owner's Signature 10 12211°l Date www.lmtiroup.net -Phone: 910.452.0001 -Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 PROJECT AREA + 4brnpste id Esri, HERE, Garmin, (c) OpenStreetMap contributors, Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community L:\WETLANDS\2019 WETLANDS FILES\LMG19.263 --- Crestwood\Maps N Boundaries are approximate and not meant to be absolute. 0 Map Source: World Street Map A I Crestwood Development Tract Pender County, NC Map Date- October 2019 LMG19.263 4PLMG LAND MANAGEMENT GROUP a DAVEY. company 3805 Wrightsville Avenue Wilmington, NC 28403 (910)452-0001 0.5 1 2 Miles Figure 1. Vicinity Map tiLJr E m-q PROJ ECT AREA a 9 E-sriwHERE, G arrMi , (c) Opens �reetMap ontributors L:\WETLANDS\2019 WETLANDS FILES\LMG19.263 --- Crestwood\Maps N Boundaries are approximate and not meant to be absolute. 0 150 300 600 Map Source: Hampstead USGS Topographic Quadrangle Feet Crestwood Development Tract — T /r Pender County, NLM C LAND MANAGEMENT GROUP Figure 2. Map Date: October 2019 a DAVEY, company Topographic Map 3805 Wrightsville Avenue LMG19.263 Wilmington, NC28403 (910)452-0001 q e Ak PROJECT AREA Vic rZ Ile oe b 4 , t s y x Al 4 rA h N � � r � . • NC«C«CIA, E i, HERE, G rmi , O O e S re tM p ribi L:\WETLANDS\2019 WETLANDS FILES\LMG19.263 --- Crestwood\Maps N Boundaries are approximate and not meant to be absolute. 0 150 300 600 Map Source: Pender County Soil GIS Data Feet Crestwood Development Tract 4LMG Pender County, NC LAND MANAGEMENT GROUP Figure 4. Map Date- October 2019 a DAVEY#. company Soils Map 3805 WrightsvilleAvenue LMG19.263 Wilmington, NC 28403 (910)452-0001 r. r rv, PROJECT AREA Ilk _ .tt,f '# .k All 10 41 �I �r *Ilk,+. rr fk r L:\WETLANDS\2019 WETLANDS FILES\LMG19.263 --- Crestwood\Maps Boundaries are approximate and not meant to be absolute. Map Source: NC OneMap 2016 Aerial Photograph Crestwood Development Tract 4LMG Pender County, NC LAND MANAGEMENT GROUP Map Date- October 2019 a DAVEYI company 3805 WrightsvilleAvenue LMG19.263 Wilmington, NC 28403 (910)452-0001 N 0 50 100 #a N - 200 Feet Figure 6. 2016 Aerial Photograph NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the U.S. Army PROJECT AREA Corps of Engineers is recommended prior to specific site planning. k It y 1 i t NN it .tt,, '# .k a �r 7. 4' Legend N.A m:'-' ll •'} f Project Boundary 0.94 acre)!, Wetlands (— 0.25 acre)! '` r- Waters of the U.S. 300 LF) � r �NCnGGIA, E ri, HE E, G rmin, (c) O�eT1,'ueetMai3 contributors L:\WETLANDS\2019 WETLANDS FILES\LMG19.263 --- Crestwood\Maps N Boundaries are approximate and not meant to be absolute. 0 50 100 200 Map Source: NC OneMap 2016 Aerial Photograph Feet Crestwood Development Tract tLMG Pender County, NC LAND MANAGEMENT GROUP Figure 7. Map Date: October 2019 a DAVEY. company Preliminary Wetlands Map 3805 Wrightsville Avenue LMG 19.263 Wilmington, NC 28403 (910)452-0001 4s ♦ ,! �' SITE '• r ' o '44 r 44 /'/ AO I // `• • /' 42 � I / ' I' �'+•140, vic , ♦' solo• O r i 36 ,I ♦ 'y ♦� / 5. � PPo �� ♦ 42,. 34 pp �ssg34 32 , ,� / Q�00, 00, ♦' / ./r PP :. dlQ� ,� ^�gQP O'9 NIF c� LANGE VENTURES. LLC // DEED BOOK 4626 PG 1488 / y,� `��`� �c� ' f • ,o �,� MAP BOOK 59 PAGE 85 +` 25 �J +1 �\S'�T 28 NIF 34 / �J j r sJ�9� LEA. PROPERTIES. INC. pp / DEED BOOK 629 PG 128 1 \ ♦ f _ _ \ \ \ � 10' RJR SETB�4� - - • • ' WETLAND EXHIBIT � — ` J S35'15"W 587�29'24"W • WETLANDS 2g 89° NJ 49 12' 53.49DANTE M.. TO BE IMPACTED FOR EMERGENCY VETLI ACCESS TURN AROUND N/F HAMPSTEAD TOWNSHIP PENDER COUNTY (7,038 SQ. FT_ 1 0-16 AC-) HAMPSTEAD BAPTIST CHURCH DEED BOOK 4660 PG 340 O W 7ER LFIi Holdings, LLC MAP BOOK 20 PAGE 72 A nnc• Dante Martin Veterinarian Clinic PROJECT NO.: PW-1440 ❑RAWING NO.. W-/MASTER/PW-1440/WETLAND EXHIBIT PLAN.OGN 50 25 0 50 100 GRAPHIC SCALE: 1"= 50' NORTHEAST CAPE FEAR UMBRELLA MITIGATION BANK Agent: Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Credit Reservation Letter January 16, 2020 LFM Holdings, LLC 785 Chadwick Shores Drive Sneads Ferry, NC 28460 Project: Dante Martin Vet Clinic — Pender County, INC Dear LFM Holdings, LLC: Per the request submitted by agent Kim Williams of Land Management Group dated January 16, 2020, the Northeast Cape Fear Umbrella Mitigation Bank (Bank) is providing preliminary acceptance to supply mitigation credits for proposed impacts to non -riparian wetlands associated with the Dante Martin Vet Clinic project located in Pender County, NC (conditional upon receipt of payment as outlined below). Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type Stream Credit Source Credits Reserved Fee Per Unit Fee $525.65 $0.00 N/A 0.0 Non- Riparian Wetland Holly Shelter Bay 0.2 $52,273.99 $10,454.80 Riparian Wetland N/A 0.0 $52,273.99 $0.00 Total $10,454.80 Based upon receipt of the credit request, the Bank will reserve 0.2 non -riparian wetland credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90-day period. Upon request for credit transfer, the Bank will issue an invoice in the amount of $10,454.80. Upon receipt of payment, the Bank will provide an executed Transfer of Credit Certificate for the total amount of credits invoiced and paid for. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at cpreziosi@lmgroup.net. Sincerely, Northeast Cape Fear Umbrella Mitigation Bank -0 Christian Preziosi Land Management Group (agent) Northeast Cape Fear Umbrella Mitigation Bank 1 c/o Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington NC 28403