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HomeMy WebLinkAbout20200505 Ver 1_PCN Form Submission_20200413DWR Division of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 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 IT No Change only if needed. BIMS # Assigned * Version#* 20200505 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office * Select Project Reviewer* Wilmington Regional Office - (910) 796-7215 Robb Mairs:eads\rlmairs2 Information for Initial Review 1a. Name of project: Leland Brewery 1a. Who is the Primary Contact?* Dana A. Lutheran 1b. Primary Contact Email:* dlutheran@segi.us Date Submitted 4/13/2020 Nearest Body of Water Sturgeon Creek Basin Cape Fear Water Classification c;sw Site Coordinates Latitude: 34.23375 A. Processing Information County (or Counties) where the project is located: Brunswick Is this a NCDMS Project r Yes IT No Longitude: 78.01063 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) 1c. Primary Contact Phone:* (910)228-1841 'u 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes C 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 DWR 401 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?* C 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? C Yes C 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)? C Yes r No 1j. Is the project located in a designated trout watershed? C Yes r No F. Applicant Information 1d. Who is applying for the permit? fJ Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes C No 2. Owner Information 2a. Name(s) on recorded deed: LFS MANAGEMENT LLC 2b. Deed book and page no.: 04305/0277 2c. Responsible party: Mr. Mark Said 2d.Address Street Address 2017 Woodwind Drive Address Line 2 CRY Leland Postal / Zip Code 28451 2e. Telephone Number: (919)609-1226 2g. Email Address:* nisspharmainc@gniail.com C Unknown State / Rovince / Region NC Country US 2f. Fax Number: r- Yes r No r Yes r No u 4. Agent/Consultant (if applicable) 4a. Name: Dana A. Lutheran 4b. Business Name: Southern Environmental Group, Inc. (SEGi) 4c.Address Street Address 5315 South College Road Address Line 2 Suite E aty Wilmington Postal / Zip Code 28412 4d. Telephone Number: (910)228-1841 4f. Email Address:* dlutheran@segi.us Agent Authorization Letter* 133 Old Fayetteville Agent Authorization Form.pdf Operating Agreement - LFS Management, LLC [updated], 4841-3401-8228.docxpdf C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) NA 1c. Nearest municipality/ town: Leland 2. Project Identification 2a. Property Identification Number: 038HA02201 2c. Project Address Street Address 133 Old Fayetteville Road Address Line 2 CKY Leland Postal / Zip Code 28451 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Sturgeon Creek 3b. Water Resources Classification of nearest receiving water:* C;SW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300050502 4. Project Description and History State / Province / legion NC Country us 4e. Fax Number: 2b. Property size: State / Province / legion NC (buntry US 255.7KB 585.9KB 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 was historically used for commercial purposes. A stream bisects the property, from east to west, and runs through a small (i.e. 0.082-acre) wetland pocket. There are three breaks in the stream, which are comprised of a 36' CMP culvert, on the upstream end (i.e. east side), a 10' x 10' box culvert, under the eAsting 10' wide access road located on the west side of the property, 2 - 36" CMP culverts, under the access road that provides access to the western adjacent property. the site is located near the Leland Town Hall complex and is bordered by commercial development, to the west, Old Fayetteville Road, to the north, undeveloped land to the south and east. Loggers have removed trees from the majority of the project limits. 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) 133 Old Fayetteville Topo Map 120419.pdf 133 Old Fayetteville LiDAR Map 120419.pdf 658.43KB 284.48KB 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) 133 Old Fayetteville Soils Map 120419.pdf 219.56KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.082 4g. List the total estimated linear feet of all existing streams on the property: 146 4h. Explain the purpose of the proposed project:* The purpose of this project is to construct a micro brewery, with associated parking and outdoor seating, within the Gateway District of Leland, Brunswick County, North Carolina. The following link will take you to an article about the brewery: https://www.vvect.corrV2019/12/09/lelands-first-brewery-planned/ 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will entail removing the emsting culverts and installing twin 178' x48" HDPE pipes, buried 6" below wasting grade, and clean earthen fill will be used to bring up the grade, within the eAsting wetland, in order to construct the brewery, parking and install stormwater controls. 4j. Please upload project drawings for the proposed project. LELAND BREWERY WETLAND IMPACT MAP 4-10-2020.pdf 188.87KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Scibetta Agency/Consultant Company: SEGi Other: r Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR SEGi met With Mr. Gary Beecher on 2/26, at which time, Mr. Beecher confirmed SEGi's wetland and stream delineation. To date, the USACE has not issued a formal PJD. Mr. Robb Mairs, with the DWR, also performed an evaluation of the drainage feature, on 3/10, and determined it to be a perennial stream (see attached email). At the time of Mr. Mairs site visit, the project had not yet disturbed more than 1 acre and there was no evidence of sediment discharging into either the wetland or the stream. However, silt fence was installed immediately after receiving the email. 5d1. Jurisdictional determination upload 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 project or related activity? While the proposed development does not encompass the entire 5 acres and there are more wetlands within the property boundaries (i.e. Wetland #2 on Wetland Boundary Sketch, the wetland does not need to be impacted to access buildable land, south of the feature 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 ❑ Buffers r Open Waters F Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area* 1 Building Pad P Hardwood Flat 1 No Corps 0.046 (acres) 2 Building Pad P Hardwood Flat 1 No Corps 0.036 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.082 2h. Comments: Temporary impacts are not anticipated with this project. See site plans for details. 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.082 F 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact*name * 3e. Stream Type* of3h.I(?)urisdiction* [3f.Type length* S1 1 Permanent Culvert :Eo Stu r eon Creek 9 Perennial Corps P 3 120 Average (feet) (lir�rfeet) S2 2 Permanent Culvert LT to Stur eon Creek 9 Perennial Corps 3 19 Average (feet) (linearfeet) S3 3 Permanent Culvert UT to Sturgeon Creek Perennial Corps 3 7 Average (feet) (lir�rfeet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 146 0 31. Total stream and ditch impacts: 146 3j. Comments: Temporary impacts are not anticipated with this application. See site plans for details. 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: The Applicant had the site delineated for wetlands, prior to undertaking land disturbing activities. Due to the way the wetland and stream bisect the property, avoidance is not possible. Therefore, the Applicant explored using measures, such as bottomless culverts and retaining walls, to minimize wetland and stream impacts, but was unable to utilize these measures, due to the amount of water the feature conveys and the closeness of the building to the wetlands and stream. A bottomless culvert would require the site to be raised to an elevation that would prohibit stormwater measures from working properly. Retaining walls were not possible along the wetland feature, as the dead men (anchors) would need to extend under the building, which is not possible. Headwalls were incorporated into the upstream and downstream ends of the twin 48" HDPE pipes, which shortened the pipes by approximately 10', at each end. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The Applicant has incorporated sediment and erosion control measures that are to be installed prior to undertaking land disturbing activities, within close proximity to the wetlands and stream. Work will only be conducted in the dry and not within 48 hours of rain event that produces or is anticipated to produce more than 1" of rain within a 24 hour period. 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? (' Yes 6 No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: SEGi, utilizing the Stream Assessment Method (SAM), evaluated the stream, in September 2019. The result of the stream evaluation was a Low functional value (see attached SAM). In conjunction to the low functional value of the stream, the amount of stream impact is less than 150 LF, therefore Applicant is not offering mitigation for the stream impact. Due to the minimal amount of wetland impact being proposed, the Applicant is not proposing mitigation for the impact. 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: This site is not within one of NC's Riparian Buffer River Basins 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 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 r N/A - project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: A high density stormwater permit will be sought concurrently with this application. 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) 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. 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. H2GO Brunswick Water and Sewer Authority 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 5e. Is this a DOT project located within Division's 1-8? (- 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 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? The site had been cleared prior to beginning the permit application process. 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?* This project does not abut a waterbody that would support 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?* SEGi utilized the State Historic Property Office's website to determine if any historic or archaeological resources were identified within the project boundaries, which there are not. See attached HPOWEB 2.0 Map. 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?* Brunswick Co. GIS Flood Map (see attached) Miscellaneous Comments Miscellaneous attachments not previously requested. Leland Brewery HPOWEB and Flood Map.pdf 319.33KB NC SAM Form 10-15-19.pdf 62.14KB Signature * fJ 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: Dana A. Lutheran Signature u Date 4/13/2020 SEGi AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL I.D. STREET ADDRESS: Property Owner (please print): LFS Management, LLC The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Property Owner Authorized Signature SEGi Authorized Signature Dana A. Lutheran Print Name Print Name 4/6/2020 Date Date 4.95 ACRES SR 1437 U/R 038HA02201 133 Old Fayetteville Road 2017 Woodwind Drive Leland, NC 28451 919-609-1226 Mark Said April 7, 2020 !!!!!!4USGS Topo Map 133 Old Fayetteville Road Leland, Brunswick Co., N.C. 12/4/2019 019-090.01 Property Line Approx. Wetlands !!! !!!Approx. Stream Map Source: USGS TopoView Service, Winnabow panel, 7.5' quad, 1:24k scale 1 inch = 500 feet 0 200 400 600 800 1,000100 Feet !!!!!!!!!!!!Division DrOld Fayetteville Rd N o r th g a te D r W . B. And S. RdBl ackmo n D r P a r s l e y L n Grant Ci rPl ati num Wa y Town Hall Dr4LiDAR Map 133 Old Fayetteville Road Leland, Brunswick Co., N.C. 12/4/2019 019-090.01 Property Line Approx. Wetlands !!! !!!Approx. Stream Map Source: NC Floodplain Mapping QL1 LiDAR Data 1 inch = 200 feet 0 80 160 240 320 40040 Feet !!!!!!!!!!!!Division DrOld Fayetteville Rd N o r th g a te D r W . B. And S. RdBl ackmo n D r P a r s l e y L n Grant Ci rPl ati num Wa y Town Hall DrBaB Mu To BnB BDC 4Soils Map 133 Old Fayetteville Road Leland, Brunswick Co., N.C. 12/4/2019 019-090.01 Property Line Approx. Wetlands !!! !!!Approx. Stream Map Source: 2016 NCOneMap Orthoimagery, Soils Map of Brunswick Co. 1 inch = 200 feet 0 80 160 240 320 40040 Feet OHE OHE OHESSMH17.13=6.135.855.83OLD FAYETTEVILLE ROAD S.R.1437 -70'R.O.W.XXXXXXXWET W E T WETWET2020 191 9 19 19 19191818 18 1 8 1818 18 18 18 18181818171717 1717 171717 17171717117 1 7 17 17 17 1616 161616161 6 1616 1 6 16 161 6 1616 16 16 15151 5 15 1 5 1515151 5 1 51515141 4 14 141 414141413 13 131313121212 1211111 0 PA214WALLDD161415131212111112 15 16 161514131 7 1 2 1 1D 441717PIPE 2 48" CULVERT 6" BURY CULVERT PIPE 1 48" CULVERT 6" BURY CULVERT IMPACT TABLE SITE I.D. STREAM FILL (LF) WETLAND FILL (SF/AC) WET 1 1990 / 0.046 WET 2 1560 / 0.036 STREAM 1 119 STREAM 2 20 STREAM 3 7 TOTAL 146 LF 3550 SF / 0.082 AC TWIN 48" HDPE PIPE WITH HEADWALL Date : Drawn : Proj. No: Chk: Scale:1" = 80' JBS 19393.PE JRB 04.02.20 USACOE Impact Map Exhibit 1 Leland Brewery Site SITE COORDINATES: 34° 14' 07" N 78° 00' 37" W WETLAND #1 Brewery Outdoor Space Stormwater Pond WETLAND #2 STREAM #1 STREAM #2 STREAM #3 TWIN 48" HDPE PIPE WITH ENDWALL AND RIP-RAP APRON Parking Lot 04080 SCALE: 1"=80' PROJECT AREA: 2.30 ACRES (2) EX. 36" CMP PIPES TO BE REMOVED (1) EX. 10'X10' CONCRETE BOX TO BE REMOVED (ALSO SERVES AS EX. DRIVEWAY ACCESS TO REAR OF PROPERTY) (2) EX. 36" CMP PIPES TO BE REMOVED Outdoor Space (2)20' X 36" CMP PROJECT LIMITS (1)20' X 36" CMP TO BE REMOVED IMPACT IMPACT IMPACT IMPACT IMPACT PROPOSED TWIN 178' x 48" HDPE PIPES WITH HEADWALLS UP AND DOWNSTREAM PROPOSED 13' X 30' RIP RAP DISSIPATOR 48" HDPE PIPE Leland Brewery Flood and SHPO Maps 4-10-20 SEGi Leland Brewery Flood Map (Source: Brunswick Co. GIS) Leland Brewery Flood and SHPO Maps 4-10-20 SEGi Leland Brewery NC SHPO HPOWEB 2.0 Map Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Stream Geomorphology (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration (1) Habitat (2) In-stream Habitat (3) Baseflow LOW HIGH HIGH NA LOW HIGH HIGH (3) Tidal Marsh Channel Stability (3) Streamside Area Attenuation Function Class Rating Summary (1) Hydrology NA HIGH HIGH HIGH HIGH NO LOW Stream Site Name 133 Old Fayettevile Rd.Date of Evaluation LOW LOW LOW NA NA MEDIUM NA HIGH NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 LOW LOW USACE/ All Streams NCDWR Intermittent NA NA (2) Flood Flow Rob Clark, SEGi 10/15/2019 NO NO Perennial (2) Baseflow Stream Category Assessor Name/Organization LOW Ib1