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
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-prepared by J H Carter III & Associates Inc.
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-prepared by J H Carter III & Associates Inc.
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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