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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 A VVDnV C!`Ai Ti 1If-2nnf 11_ln_10