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HomeMy WebLinkAbout20200719 Ver 1_401 Application_20200529DWR 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?* G Yes IT No Change only if needed. BIMS # Assigned 20200719 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Wilmington Regional Office - (910) 796-7215 Information for Initial Review 1a. Name of project: Perry Grandchildren LLC Tract 1a. Who is the Primary Contact?* Kim Williams - Land Management Group 1b. Primary Contact Email:* kWiliams@lmgroup.net Date Submitted 5/29/2020 Nearest Body of Water Bogue Sound Basin White Oak Water Classification SA; HQW Site Coordinates Latitude: 34.726 A. Processing Information County (or Counties) where the project is located: Carteret Is this a NCDMS Project r Yes IT No Longitude: -76.784 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) Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Holley Snider:eads\hasnider 1c. Primary Contact Phone:* (910)471-5035 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 18 - Minor Discharges 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 - Express F- 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: Perry Grandchildren, LLC 2b. Deed book and page no.: 2c. Responsible party: Burt Rudolph 2d.Address Street Address P.O. Box 1475 Address Line 2 city Kinston Postal / Zip Code 28503 2e. Telephone Number: (252)521-5234 2g. Email Address:* burt@perrysinc.com C Unknown State / Rovince / Region NC Country USA 2f. Fax Number: r- Yes r No r Yes r No u 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Land Management Group 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City Wilmington Pbstal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* kWIllanis@lnigroup.net Agent Authorization Letter* Signed LMG Agent Form 5.22.20.pdf C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/town: Morehead City 2. Proiect Identification 2a. Property Identification Number: 636619528355000 2c. Project Address Street Address 4707 South Shore Drive Address tine 2 city Morehead City Postal / Zip C de 28557 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Bogue Sound 3b. Water Resources Classification of nearest receiving water:* SA; HOW 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203010702 4. Project Description and History State / F rovince / Fbgion NC Country USA 4e. Fax Number: (910)452-0060 2b. Property size: 1.5 State / Bovine / Ifgion NC Country USA 137.49KB 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 currently undeveloped and vegetated with a mix of herbaceous species. Adjacent land use is residential or undeveloped and cleared. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes f 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) Topo Map.pdf 329.91 KB 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) Soils Map.pdf 424.39KB 4f. List the total estimated acreage of all existing wetlands on the property: - 0.5 acre 4g. List the total estimated linear feet of all existing streams on the property: Southern boundary is Bogue Sound 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a bulkhead that will stabilize a portion of the site that is currently eroding. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The site has an erosional escarpment mainly caused by adjacent stabilization efforts on the adjacent properties (rip rap to the west and bulkhead to east). The applicant plans to stabilize a small area with the largest escarpment (3-4 feet) with a bulkhead and then fill behind it. Eventually, the applicant will subdivide the parcel for single-family residential construction. 4j. Please upload project drawings for the proposed project. Perry Site Plan-Layout.pdf 346KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown 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: Tom Charles of the USACE stated in an email that he is familiar with the project area and proposed impacts are non -notifying. 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d1. Jurisdictional determination upload USACE correspondence. pdf 6. Future Project Plans Larry Baldvin Land Management Group 74.34KB 6a. Is this a phased project?* r Yes r No Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? No D. 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 f. Type of 2g. Impact 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * [Jurisdicition*M area* Fill for bulkhead and stabilization L Non-Tidal Freshwater Marsh WA Both 0.020 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.020 2h. Comments: 2g. Total Permanent Wetland Impact 0.020 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 site has an erosional escarpment will continue to eat into existing uplands and may affect future development within the site. The applicant originally wanted to stabilize the entire area, which would result in approximately 0.04 acre of freshwater wetland impact. He then decided to limit the bulkhead to the area suffering the most erosion to reduce impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Contractor will install a silt fence during construction to ensure that sediment does not travel into coastal wetlands and/or Bogue Sound. 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 r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Impacts have been minimized to 0.02 acre. 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: Site is located within the White Oak River Basin. 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: 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. Project will not provide access or utilities to adjacent tracts; no additional wetland impacts are anticipated within the site. 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. Project will tie into municipal wastewater treatment system. 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 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 Si. 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? According to the NC Natural Heritage Program database, no rare species are known to occur within the site. The Atlantic sturgeon and West Indian manatee are known to occur within a one -mile radius of the site, likely within Bogue Sound which is located adjacent to the tract. No impacts to areas below the mean high water line will occur from this project. Additionally, the northern long-eared bat is known to occur within Carteret County. The project area does not contain any forested areas, therefore it does not provide suitable habitat for this species. No impacts to federally -listed species are anticipated to occur from this project. 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 Are there submerged aquatic vegetation (SAV) around the project vicinity?* r- Yes r No O Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The site is adjacent to Bogue Sound, which is classified as EFH for a variety of species. No impacts to areas belowthe mean high water line will occur as a result of this project. Therefore, no impacts to EFH will occur. 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?* The HPO Wes GIS Service website was reviewed. No historical or cultural resources are known to occur on or adjacent to the site. 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 8b. If yes, explain how project meets FEMA requirements: Contractor will ensure floodplain requirements are met. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center website Miscellaneous Comments Miscellaneous attachments not previously requested. Aerial.pdf 331.76KB Signature R 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: Kimberlee C Williams Signature Date 5/29/2020 _ LMG LAND MANAGEMENT GROUP a DAVEYI company AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Land Management Group to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for the Perry Grandchildren LLC Tract located in Carteret County, NC. All questions regarding this project should be directed to Land Management Group. Sincerely, 12-2 IZD Yale www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 Perry Grandchildren LLCCarteret County, NC May 2020LMG19.371 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001 Topographic Map 0 500 1,000250FeetBoundaries are approximate and not meant to be absolute.Map Source: USGS Carteret County Mosaic SITE w AuB WaB Se Se Se WaB WaB Nd AuBAp Se Perry Grandchildren LLCCarteret County, NC May 2020LMG19.371 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001 Soils Map 0 500 1,000250FeetBoundaries are approximate and not meant to be absolute.Map Source: Soil Survey for Carteret County Mosaic SITE Telephone: 910-452-0001Wilmington, North Carolina 28402Survey information provided by:Matrix East, PLLCProfessional Land Surveyors906 N. Queen St; Suite AKinston, NC 28501ofc - 252-522-2500Preliminary; Not for ConstructionFor Environmental Permitting OnlyProposed Wetland Impact:0.02 acreProposed BulkheadExisting Rip RapOverlapping from AdjacentProperty DAFEY . Untitled Map Write a description for your map. Legend 4707 S Shore Dr Cross Section 4 Feature 1 Longitudinal 2 200 ft N➤➤N