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HomeMy WebLinkAbout20200908 Ver 1_401 Application_20200710Staff Review Does this application have all the attachments needed to accept it into the review process?* r Yes r No ID#* 20200908 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Stephanie Goss: eads\szgoss Select Reviewing Office:* Raleigh Regional Office - (919) 791-4200 Submittal Type:* 401 Application Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 owed?* r $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * 6- New Project r New Project w Existing ID r Pre -Application Submittal r More Information Response r Other Agency Comments r Stream or Buffer Appeal r For the Record Only (Courtesy Copy) New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information Name: Mr. Salvador Garcia Who is submitting the information? Email Address: garcia-7-9@hotmail.com Project Information Project Name: Garcia Home Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Johnston Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Pre -Construction (PCN).pdf 5.86MB SAW-2020-01013_173 Old Evans Road_lmpacts.pdf 520.6KB SAW-2020-01013 173 Old Evans 513.54KB Road_Wetlands.pdf Only pdf or kTz files are accepted. Describe the attachments or comments: USACE Visited the site and determined the extent of wetlands on June 8 to establish wetland/stream extents. Mapping and impacts provided were prepared by Chris Hopper with the USACE. Sign and Submit P By checking the box and signing box below, I certify that: o I have given true, accurate, and complete information on this form; o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") o 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'); o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the online form." Signature: �7trr.;1? Submittal Date: 07-10-2020 Is filled in automatically. O"Of W A �FgOG h MIA � 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: ® Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ 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: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation or impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: 173 Old Evans Road 2b. County: Johnston County 2c. Nearest municipality / town: Town of Clayton 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner lnformatlon 3a. Name(s) on Recorded Deed: Salvador Garcia Ba►ajas 3b. Deed Book and Page No. Book 05250 Page 0103 3c. Responsible Party (for LLC if a icabie): 3d. Street address: 5408 Massengill Court 3e. City, state, zip: Garner, NC 27529 3f. Telephone no.: 919-696-1744 3g. Fax no.. 3h. Email address: Salvador26150gmail.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: Owner 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, slate, zip: V. Telephone no.: 4g. Fax no.: 4h. Email address*. S. Agent/Consultant Information Of applicable) Sa. Name: None 5b. Business name (if applicable): 5c. Street address: 5d. City, stale, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: paw 2 d 10 B. Project Information and Prior Project History ------- --- -- ---- -- --------------- -- - - - 1. Property tdentif'ication -- - - - ----- la. Property identification no. (tax PIN or parcel 10): 163800-60-5788 1b. Site coordinates (in decimal degrees): Latitude: 35.169992 1 ongitude:-78.540079 1c_ Property size: 1.88 acres 2. Surface waters ---- 2a. Name of nearest body of water to proposed project: UT Swift Creek (27-43-(8)) 2b. water Quality Classification o1 nearest receiving water: C; NSW 2c. River basin: Neuse River Basin 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 site is undeveloped and recently cleaned of woody vegetation. An intermittent tributary flows from north to south across the center of the tract, and' feeds ruo a large emergent wetland with no discernible channel evident Land use in the vicinity of the project is residential 3b. List the total estimated acreage of all existing wetlands on the property: 0.65 3c. last the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 315 3d. Explain the purpose of the proposed project: The project would construct a residential structure on the lot- The site would be served by septic system_ 3e. Describe the overall project in detail, including the type of equipment to be used: Light construction vehicles would be utilized to construct the structure and prepare the site for devefopmenL No equipment operation within lunsdkwns 4. Jurisdictional Determinations � 4a. Have jurisdictional wetland or stream determinations by the ❑ Yes ® No ❑ Unknown Corps or State been requested or obtained for this property / Comments: project (includingall prior phases) in the st? i 4b. If the Corps made the jurisdictional determination, what type ❑ preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? AgencylConsultant Company: USACE Name (R known): Chris Hopper Other: i 4d. If yes, List the dates of the Corps jurisdictional determinations or State determinations and attach tlgcumentauon. Chris Hopper with the USAGE, Raleigh Regulatory Field Oltice, visited the site on June 8. 2020 to review the property and conrirm the prt-sense of st-eam arr0 wetland resources S. Project History -- - - - - -' - - - ---'4 5a. Have permits or certifications been requested or obtained for [I Ye ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to `help file' instructions- G. Futtre Project Plans 6a. Is this a phased project? [] Yes ®No 6b, If yes, explain. Page 3 of 10 PC 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 ❑ Streams - tributaries ❑ 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 2b. Type of impact 2c. -- Type of wetland M7 Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) Wl P "I 1W Bottomland Hardwood Forest 1W Yes 'w Corps W 0.08 W2 Choose one mr Choose one qr Yes/No IW I W3 7 Choose one w Choose one 1W Yes/Now I W4 Choose one w Choose one qW Yes/No w WS - 1W Choose one w Choose one 1W Yes/No "W I W6 - 1W Choose one r Choose one W T Yes/No �w I 2g. Total Wetland Impacts: I OM 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 M 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) S 1 1W Choose one W I S2 'qr Choose one IV S3 - Choose one 1W r► I S4 1W Choose one ' 1W S5 - 1W Choose one 1W - 1W S6 1W Choose one 'W 3h. Total stream- and tributary impacts ------ - ------- 3i. Comments: None Page 4 of 10 PCN Form - Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, eswaries, tributaries, sounds, the AUanlic Ocean, or any other open water of the U.S. then indiv 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 W Choose w 02 Choose one w Choose w 03 Choose one W choose w 04 Choose one 7 Choose w 4f. Total open water impacts 4g. Comments: None 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 w P2 Choose one 14V 5f. Total: 59. 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): Sk. Method of construction: 6. Buffer Impacts (for DWQ) 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 you 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 6c. Reason for impact 6d. Stream name - 6e. Buffer mitigation required"? _— 6f. Zone 1 impact (square feeq 6g. Zone 2 Impact (square feet) I �1 B1 Yes!NoW B2 Yes/Phw -- B3 - rr -- ---- --- - Yes/Now --- --.— B4 - YeslNow B5 YtsdNow Yes/Now B6 W - ---- - -- 6h Total Buffer Impacts: 61. Comments. None- Johnston CEMAKted. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minlmi7e the proposed irnpacts in designing project. The home site m being hlnnncd to minimize nnluico to wellnnd nrens while also lair wrvinq likely ijilabin cepirc arras requirad lot ire or this lot Impacts have been kept below 0.1 acre of wetlnnd, and nil stream impnct . linep been avoided try Itw'k-sign 1b. Specifically describe measures taken to avoid or minimize the proposed impacts Through construction techniques Fill maRnal bought in to construct the hone will be gtoded and Stabilized. Erosion and sediment contrnl measrwes will Ir rn•.tntlncf Ancl maintained until vegetation is established to stabilize disturbed soil- No consiniclion equipment would be nllowed to operate in jurisdictional mens 2. ComL)ensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State — 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Caps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ElPayment to in -lieu fee program ! pry ❑ Permittee Responsible Mitigation 3. lete if Using a Miti atign Bank 3a- Name of Mitigation Bank: Type: Choose one 'w Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose one 1w Quantity: i Type: Choose one 'w Quantty: 3c. Cornrnents: i 4, CoMilete if Making a PayMent to In -lieu Fee Pr ram J 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b Stream mitigation requested: linear feet a-s+ng stream mitigation. stream temperature: Choose one -4-c-.-rf 14o titarrer mm"ion requested (DWO only}: square feel - - — - - - -- - - 4Q Riparian wetland rnaigation requested: acre 4f Non -riparian wetland mitigation requested- acres ----� 4g Coastal (tidaQ wetland mitiWilmn requested: dcreS -- --.-_----_.__� 4h Comments 5. CotmpIete if Using a Permutes Responsible Mitigation Man _ 5a. If using a perminee responsible nutigation plan. provide a dwscnptron of the prupo,.�ed mdKjatarn plan 4 paw 6 of 10 PCN i urm - Vef%min 1 4 )artudry 20M 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 buffer mitigation? ❑ Yes ❑ No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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 la. Does the project include or is it adjacent to protected riparian buffers Identified ❑ Yes ❑ No within one of the NC Riparian Buffer Prolecllon Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Manag_ernent Plan 2a. What is the overall percent imperviousness of this project? % j 2b. Does this nj2ct require a Stormwater Management Plan? ❑ Yes ❑-No 2c. tf this project DOES NOT require a Stormwater Management Plan, explain why: 1 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 11 1 12e. Who w o be responsible for the review of the Stormwater Management Plan? —i 3. certified Local Government Stormwater Review 3a. In which local qavemment's murisdicdon is this project? _ ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW USMP i apply (check all that apply)_ Water Supply Watershed ❑ Other 3c- Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? I} 44, DWQ Stormwater Pro am Review —_----_--- -- --# ❑Caastal counbes ❑i-+uW 4a. Which of the foKa"q state -implemented stormwater management programs apply ORW 85r7s�un (check all that apply): Law 2006-246 ❑(Ah 4b- Has Vw approved Stormwater Management Plan with prod of approval been ❑ Ye., ❑ Wo ! attaclrwd7 -- - - - - - - - i 5. DWQ 401 Unit Stormwater Review i 5a. Does the Stnrrnwater Managerry nt Plan meel the apprupnate regkwuffents? — - ❑ Yc,'s ❑ Nu 5b. Have all of the 401 Una submital n.4girremerts barn and ? 0 Y4's ❑ No Page a vl 10 PCN Fcom - Versxm 1 4 Janwy 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federallstate/local) funds or the ❑ Yes X❑ No use of public (federal/state) land? 1b. 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)? 1c. 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 ❑ No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ® Yes ❑ No 2c. If you answered 'yes' to one or both of the above questions, provide an explanation of the violation(s): Clearing and fill within 0.08 acre of wetland has occurred. The landowners were unaware of regulations protecting these resources, have self -reported, and are working with agencies to bring the site into compliance. Impacts will be limited to only the minimum necessary to construct the home site, and would not exceed mitigation thresholds (0.1 acre of wetland). No stream impact has occurred or will be required. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ©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 facility. The sire would be servedJby an individual on -site septic system. Designs to secure County approval are currently being finalized. Page 9 of 10 PC 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 ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® 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? USFWS IPaC (Information for Planning and Consultation) website. httpsJlecos.fws.gov/iipac 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? https:/Iwww.habitaLnoaa.gov/applicaUorVefhrnapperfindex.htmi 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 ❑ 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? INC SHPO HPOWEB 2.0 (httpsl/nc.maps.arcgis.cwwapps/webappviewer) B. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the tloodplain determination? North Carolina Flood Risk Information System (fds.nc.govlfris) Map Number 3120163800 K, Panel 1638 &,flrcl n at Ir", Applicant/AgeriVs Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is Page 10 of 10 AP — • R r ` jr I Temporary Fill: ♦`�/ Mulch from clearing to be removed or evenly distributed + Approximate Fill Area: 3,654.9 square feet 0.08 Acre 01 r f �;► Z. v F I 7w� _ f r ,� N W E s 0 35 70 140 Feet Qua12 LiDAR SAW-2020-01013 173 Old Evans Road Johnston County, NC 35.619968-78.539875 e _ 1 / l I 0 lop • \ loop pNdL %1 4F wr r t r R r� .� . I� t �I►r' ' � a N w E Qua12 LiDAR SAW-2020-01013 S 173 Old Evans Road Johnston County, NC 0 35 70 140 35.619968-78.539875 Feet r r it