Loading...
HomeMy WebLinkAbout20200441 Ver 1_PCN Form Submission_20200330DWR 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 20200441 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Fayetteville Regional Office - (910) 433-3300 Information for Initial Review 1a. Name of project: Wertz Drive - Kessner Parcel 1a. Who is the Primary Contact?* William Mullin 1b. Primary Contact Email:* wmullin@jhcarterinc.com Date Submitted 3/30/2020 Nearest Body of Water Lake Auman Basin Lumber Water Classification WS II HOW Jackson Creek Site Coordinates Latitude: 35.25494 A. Processing Information County (or Counties) where the project is located: Moore Is this project a public transportation project?* r Yes r No Longitude: -79.61023 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* Chad Turlington:eads\ccturlington 1c. Primary Contact Phone:* (910)695-1043 '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. lathe 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: Theadore Kessner 2b. Deed book and page no.: book 5232 page 135 2c. Responsible party: 2d.Address Street Address 1918 Merrimac Drive Address Line 2 aty Fayetteville Postal / Zip Code 28304 2e. Telephone Number: (910)850-7679 2g. Email Address:* twkessner@nc.rr.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: William Mullin 4b. Business Name: Dr. J H Carter & Associates Inc. 4c.Address Street Address 515 f Midland Road Address tine 2 aty Southern Pines Postal / Zip Code 28387 4d. Telephone Number: (910)695-1043 4f. Email Address:* wmullin@jhcarterinc.com Agent Authorization Letter* Agent Auth Form.pdf State / Province / legion NC Country USA 4e. Fax Number: (910)695-3317 299.14KB C. Project Information and Prior Project History C^) 1. Project Information 1b. Subdivision name: (if appropriate) Seven Lakes West 1c. Nearest municipality/town: 7 Lakes / West End 2. Project Identification 2a. Property Identification Number: 851408789331 2c. Project Address Street Address 109 Wertz Drive Address tine 2 City Seven Lakes (West End) Postal / Zip Qde 27376 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Lake Auman 3b. Water Resources Classification of nearest receiving water:* WS II HQW Jackson Creek 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12-digit HUC in which the project is located. 03040203 4. Project Description and History 2b. Property size: 0.526 State / Rwince / legion 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 site is a single un-built residential lot that is mowed and maintained in a relatively open condition. It does have some pine and hardwood trees that were left standing as canopy cover. The parcel had obtained an ACOE NWP permit in 2002 for construction of a driveway SAW-2002-01295 . That permit was never executed and now the current landowner would like to obtain a permit for a driveway on parcel. The parcel is located on the bank edge of Lake Auman in the 7 Lakes West residential subdivision. The parcel is completely surrounded by single family homes. The parcel has a bulkhead along the lake shore frontage but no other structures ebst on site. 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 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2002-01295 is the action id. We do not have any other permitting documentation from the 2002 project other than the number that was provided to us by the current land owner. Project History Upload 4d. Attach an S 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) topo Map.pdf 1.2MB 4e. Attach an S 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) soils Map.pdf 1.1 MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.051 acres 4g. List the total estimated linear feet of all existing streams on the property: none 4h. Explain the purpose of the proposed project:* The proposed project would allow a driveway to be constructed on the parcel. The driveway would serve a proposed single family home. In order to place the septic field and house in the correct location a small portion of the a emergent wetland on the parcel would be filled. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Standard construction equipment such as small excavators, cement mixers and power tools would be used to build the driveway and home on the parcel. A septic field is needed for the parcel and Will be placed in the front house. The placement of the septic field requires the driveway to be placed slightly offset to the middle of the house, 0.014 acres of wetland will need to be filled for the driveway to be built and avoid the septic field. 4j. Please upload project drawings for the proposed project. Wertz impact area-Wetlands.pdf 536.51<13 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* F Yes r No O Unknown Comments: This site was previously permitted and presumably had a JD in 2002, the site was reflagged in March 2020 by JCA!s Bill Mullin 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified B Unknown r N/A Corps AID Number: SAW-2002-01295 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): unknown 2002, JCA in March 2020 Mullin Agency/Consultant Company: JH Carter III and Associates in 2020 Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* F Yes f• 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 [Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries F Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name* 2e. Forested * 2C Type of 2g. Impact Jurisdicition*(?) area* I driveway P Unknown PEM No Both 0.014 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.014 2g. Total Wetland Impact 0.014 2h. Comments: The wetland is a small depression on the hill side, it shows evidence of occasionally over flowing during ephemeral events and running down hill to the lake. E. Impact Justification and Mitigation v 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: the wetland will only be impacted on its extreme edge. The driveway was designed to stay as far out of the wetland as possible while still avoiding the septic field. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: best management practices will be used including silt fences and sediment control devices, equipment will be kept clean and bare soil will be seeded or sodded upon completion of earth work. 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 f• No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: it is significantly less than the tenth of an acre threshold F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. 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: it is not in one of the watersheds or counties that have stream, lake or other open water body buffers 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: it is a single family home on a small wooded parcel, only the home and the driveway will create impervious surface. The remaining portions of the parcel will be left vegetated. 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 (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. this project is a single family home in an existing subdivision. It would not create an increase in development in the area. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR forth is project?* rYes r Nor 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? USFWS consultations and on site surveys. The USFWS's response letter is included with this submission Consultation Documentation Upload Lot 3082 Wertz Drive (LRK 28314).pdf 89.36KB 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?* field surveys and online data base search, there are no open waters on the project site and Lake Auman is a man made water body and is not listed as EFH 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?* online SHPO database search 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 firm mapping lists the area as X Miscellaneous Comments This project was previosly permitted under past ownership. The lot was not built upon and only maintained as a open wooded parcel with little to no understory and shrub layer. The wetland is a small depressional area that is not forested. No trees will be cut from the wetland area. Miscellaneous attachments not previously requested. Aerial 1.pdf 1.9MB Aerial 2.pdf 3.52MB Tax Parcel Map.pdf 128.29KB Directions From Raleigh.pdf 39.78KB Final JD Form.pdf 117.4KB Signature ® 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: William Mullin Signature -VA— AA - Date 3/27/2020 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: 28314 STREET ADDRESS: ( lot 3082 ) 109 Wertz Drive Seven Lakes NC Please print: Property Owner: Property Owner: Ted Kessner The undersigned, registered property owners of the above noted property, do hereby authorize Bill Mullin of Dr.1H Carter III and Associates Inc (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 1918 Marrirnac Drive Fayetteville, NC 28304 Telephone: (910) 850-7679 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. I, Authorized ignature Date: 3 ) 7- ;0� v Authorized Signature Date: I 0 • i I t ,1 ti • 1 175 S ► 0 Feet Copyrighfie 2013 National (o"e raphlc Society, I -cubed Wertz Drive Kessner Wetland Permitting Topographic Map, West End Moore County NC -prepared by J H Carter III & Associates Inc. Hey to ,8 r sl es N W+E 175 S 0 Feet Source: USDA Natural Resources Conservation Service Wertz Drive Kessner Wetland Permitting USGS Soils Map, West End Moore County NC -prepared by J H Carter III & Associates Inc. -- - - / i i / \ ------- 6 / \ / / -� 70 a a a a a a a 9 9 V J \ 9 9 9 9 9 9 9 9 9 9 _------- a d d d d d d d d 4_--;7" d d d d / 4 _ � _ - -------- vJ LL_ 0 __----- - - - - - - - - - - cDLL- Co Ln W N --, 56 - Wertz Drive Kessner Wetland Permitting Aerial, West End Moore County NC -prepared by J H Carter III & Associates Inc. MF- N--' L+E 175 8 ✓� 0 Feet •_r• [ _ ®e ap, @e ter r(�e. ra iel r 4io aysis 11 = ar i N W+E 175 S O Feet Wertz Drive Kessner Wetland Permitting Tax Parcels, West End Moore County NC -prepared by J H Carter III & Associates Inc. From Raleigh 7 min (2.7 mi) Take US-1 S to US-15 S/US-501 S 42 min (45.4 mi) Continue on US-15 S/US-501 S. Take Carthage Rd to P3178 in Seven Lakes 35 min (26.5 mi) Slight right onto US-15 S/US-501 S IU.b ml Keep left to stay on US-15 S/US-501 S 4.1 Turn right onto Brinkley Rd 2.2 m Turn left onto Murdocksville Rd 0.2 mi Turn right at the 1st cross street onto Doubs Chapel Rd 1.2 mi Slight left onto Kanoy Rd 0.7 mi Continue onto Carthage Rd 3.4 mi Slight right onto Seven Lakes Dr 2.1 mi Continue straight onto P3132 Partial restricted usage roan 0.4 mi Turn right onto Longleaf Dr Restricted usage road 1.5 mi Turn left onto P3178 Restricted usage road Destination will be on the left µE%T Or � United States Department of the Interior 69 FISH AND WILDLIFE SERVICE 4�CH77► Sandhills Sub Officc Past Office Sax 119 Southern Pines, N_ C. 28388 February 20, 2020 Theodore Kessner 1918 Merrimac Drive Fayetteville, NC 28304 Re: Lot 3082 Wertz Drive (LRK: 28314), West End, Moore County, North Carolina Dear Mr. Kessner: This is in response to your request for an assessment of any potential impacts to red -cockaded woodpeckers (Picoides borealis Dryobates borealis) associated with the construction of a new residence on the subject property. The U.S. Fish and Wildlife Service (Service) offers the following comments in support of Section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1531-1543) (Act) and the Service's Private Lands Guidelines found in Appendix 5 of the Service's Recovery plan for the red -cockaded woodpecker (Picoides borealis): second revision (U.S. Fish and Wildlife Service 2003). A site visit was conducted by staff of Wetland Solutions, LLC on October 16, 2019. Based upon the site visit there are no red -cockaded woodpecker cavity trees on this property which lies within a half -mile of abandoned red -cockaded woodpecker cluster SOPI 30. However, recovery efforts for this species are underway and may result in groups becoming reestablished in areas currently unoccupied by this species. The cumulative loss of foraging and nesting habitat caused by residential and commercial construction is one of the primary threats to the continued existence of the red -cockaded woodpecker in the Pinehurst/Southern Pines/West End area. Therefore, as plans are developed to construct a new residence on this property, I encourage you to minimize the removal of mature longleaf pine trees greater than 8 inches in diameter, take measures to prevent damage to the bole and root system of the remaining longleaf pines and to landscape with plant species native to the Sandhills ecosystem. The results of this survey are valid for a period of 1 year from the date this letter was issued. However, this determination must be reconsidered if the project design is subsequently modified or if new information becomes available. Please use this letter as necessary to inform all potentially affected parties of this finding. If you have any comments or questions, please don't hesitate to contact me at (910) 695-3323 ext. 10. Sincerely, Susan Ladd Miller Fish and Wildlife Biologist