HomeMy WebLinkAbout20200166 Ver 1_More Info Received_20200420Strickland, Bev
From: David Bunn <dbunn@ampdengineering.com>
Sent: Monday, April 20, 2020 11:43 AM
To: Deck, Erin M
Cc: Athan Parker
Subject: [External] Fw: SAW-2020-00155 / 231 Subdivision / Highway 231 / Johnston County,
NC - DELINEATION CONCURRENCE
Attachments: Delination map.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
report.spam@nc.gov
Erin,
Below is an email we just received from Chris Hopper. Will this be sufficient for your records?
Thanks,
David Bunn
Project Manager
(252) 236-8660
AMP'd Engineering, PLLC
PO Box 4580
Emerald Isle, NC 28594
Firm License No. P-1532
------ Forwarded Message ------
From: "Hopper, Christopher D CIV (USA)" <Christopher.D.Hopper@usace.army.mil>
To: "Athan Parker" <athan.parker@ampdengineering.com>; "David Bunn"
<dbunn@ampdengineering.com>
Cc: "Haywood Pittman" <pittmansoil@yahoo.com>
Sent: 4/20/2020 11:37:40 AM
Subject: SAW-2020-00155 / 231 Subdivision / Highway 231 / Johnston County, NC - DELINEATION
CONCURRENCE
Dear Mr. Parker,
Reference is made to SAW-2020-00155 (231 Subdivision), please reference this number on any correspondence
regarding this action.
On February 10, 2020, we received information from Mr. Haywood Pittman requesting the Wilmington District,
Regulatory Division review and concur with the boundaries of an aquatic resource delineation.
1
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and
reliable representation of the location and extent of aquatic resources within the identified review area. The location
and extent of these aquatic resources are shown on the delineation map, labeled 'Potential Waters Sketch' and dated
(or provided on) November 10, 2019 without revisions.
Regulatory Guidance Letter (RGL) 16-01
https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lcoll9/id/1256 [usace.contentdm.ocic.orgi provides
guidance for Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type where no
JD has been requested". At this time we are only verifying the delineation. This delineation may be relied upon for use
in the permit evaluation process, including determining compensatory mitigation. "This verification does not address
nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such.
This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under
the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is ar
appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional
documentation.
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
(919) 554-4884, Ext. 35
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 fcorpsmapu.usace.army.mill. Thank you for taking
the time to visit this site and complete the survey.
0liii�`C
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑X Yes ❑ No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
231
2b. County:
JOHNSTON
2c.
Nearest municipality / town:
WENDELL
2d. Subdivision name:
231
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
P AND P LAND DEVELOPMENT, INC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
N/A
3d.
Street address:
7401 ARCHERS CREEK CT; PO BOX 4580
3e. City, state, zip:
EMERALD ISLE, NC 28594
3f.
Telephone no.:
919-795-9594
3g.
Fax no.:
N/A
3h.
Email address:
ATHAN.PARKER@AMPDENGINEERING.COM
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
ATHAN M. PARKER, PE
5b. Business name
(if applicable):
AMP'D ENGINEERING, PLLC
5c. Street address:
7401 ARCHERS CREEK CT
5d. City, state, zip:
EMERALD ISLE, NC 28594
5e. Telephone no.:
919-795-9594
5f. Fax no.:
N/A
5g. Email address:
ATHAN.PARKERC AMPDENGINEERING.COM
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
1 a.
Property identification no. (tax PIN or parcel ID):
NC PIN: 179300-80-9109
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.750837 Longitude:-78.329239
1 c.
Property size:
26.792 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
UT TO LITTE RIVER (TARPLEYS POND)
2b.
Water Quality Classification of nearest receiving water:
WS-V;NSW
2c.
River basin:
NEUSE
3.
Project Description
3a. 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 project site is currently un-developed farm and wood land.
3b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,709
3d. Explain the purpose of the proposed project:
40 lot single family residential subdivision is proposed on the property.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project as proposed includes 40 lot single family residential subdivision. The equipment that can be expected to be used to construct the
infrastructure of the project - dozers, excavators, pans for grading, motorgraders, rollers, highway capable dump trucks and other tractors.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Ross Sullivan
Agency/Consultant Company:
Other: Pittman Soil - 910-330-2784
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
11 /20/2019
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams —tributaries ❑X Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
LIT TO LITTLE RIVER
PER
Corps
3
109
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
109
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWO)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require miti ation, then vou MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 P
Residential Subdivision
LIT to Little River (Tarpleys Pond)
No
6,268
4,425
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6,268
4,425
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Layout specifically designed to minimize the impacts of the stream and meet NC DOT design requirements. To access the majority of the develop-
able land on the tract it was not feasible to avoid impacts. Proposed road side ditches shall terminate and diffuse flow prior to entering the riparian
buffer. The only sections of buffer proposed to be disturbed are those needed to construct the NC DOT typical cross section. Head walls have also
been designed to prevent additional impacts to the stream, wetlands and buffers.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The erosion control design has been compiled such that temporary sediment basins be installed directly up -slope of the road side ditches that
discharge up -slope of the wetlands. Silt fence will also be utilized to surround any/all disturbed area and straw wattles will be utilized where needed to
slow velocities and reduce suspended solids prior to entering the stream.
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 ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑X Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑X Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
14.34 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
The SMP includes low density design methodology to include a limited amount of allowable impervious area per lot for home construction, the right of
way cross section includes Johnston County required 20' wide asphalt paved road, 6' grassed shoulder, and
a 2' 3:1 grassed open ditch to convey
stormwater runoff. The project as design minimizes runoff collection and allows runoff to sheet flow where
feasible. No treatment or retention of
stormwater runoff proposed at this time.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Johnston County
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Johnston County
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
X❑ NSW
❑ USMP
apply (check all that apply):
❑X Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes X❑ No
attached?
4.
DWQ Stormwater Program Review
El Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑X Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑X Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
X❑ No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater
generated from
the proposed project, or available capacity of the subject facilit
Individual
septic systems permitted under the Engineering Option Permit ("EO) through Johnston County Environmental Health
Department.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑X Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Contacted USFW office in Raleigh NC - John Ellis - 919-856-4520 ext 28 john_ellis@fws.gov
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Contacted Fritz Rohde at NOAA - 252-838-0828
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
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
http://gis.ncdcr.gov/hpoweb/, the closest site is the JT0881 1915 Moody Tenant House that is roughly 0.37 miles to the East along NC HWY 231 and is
located on the South side of NC HWY 231 while the project site is located on the North side of the highway
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Johnston County GIS Viewer
ATHAN M. PARKER, PE
/� aKE sMPOEN EEa N . aM
G✓°' , ° `0150°°' °
02-20-2020
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
POTENTIAL WATERS SKETCH
PITTMAN SOIL CONSULTING
Owner:
Address:
P & P LAND DEVELOPMENT
HWY 231 SUBDIVISION
Location: WENDELL, JOHNSTON Co.
PO BOX 1387
RICHLANDS, NC 28574
910-330-2784
PITTMANSOIL@YAHOO.COM
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