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