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HomeMy WebLinkAbout20210527 Ver 1_401 Application_20210324DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 26, 2020 Ver 3.3 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. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN % 20Help % 20File % 202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Currituck Is this a NCDMS Project* C Yes r No nick Yes, only t NOM is the applicant a co -applicant. Is this project a public transportation project?* C Yes l No This is any publicly funded by rrunicipal,state a federal funds road, rail, airport transportation project. la. Type(s) of approval sought from the Corps:* 17 Section 404 Permit (wetlands, streams and waters, Clean Water Act) n Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* C Yes G No 1b. What type(s) of permit(s) do you wish to seek authorization?* 17 Nationwide Permit (NWP) I— Regional General Permit (RGP) I— Standard (IP) This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form. lc. Has the NWP or GP number been verified by the Corps?* 6 Yes C No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): List at MN numbers you are applying fa not on the drop dawn list. ld. Type(s) of approval sought from the DWR:* check all that apply 17 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit 1 Individual Permit Pre -Filing Meeting Information 1401 Water Quality Certification - Express r Riparian Buffer Authorization Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. ID# Version Pre -fling Meeting or Request Date* 3/11/2021 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf 50.75KB le. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: F' Yes r No For the record only for Corps Permit: r Yes t No If. Is this an after -the -fact permit application?* r Yes f No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter fromnitigation bank or in -lieu fee program a Yes r No Acceptance Letter Attachment Click the upload button or drag and drop files here to attach docunent Letter of Credit Availability - Quible - 982 Cruz Bay Court 03102021.pdf FlLErYFEM15T BET 1h. Is the project located in any of NC's twenty coastal counties?* 6 Yes rNo 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?* r Yes G No r Unknown 1j. Is the project located in a designated trout watershed?* C Yes a' No 319.29KB Link to trout information: http://wnnw.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information la. Who is the Primary Contact?* Brian D. Rubino lb. Primary Contact Email:* brubino@quible.com Id. Who is applying for the permit?* p Owner (Check all that apply) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed:* SF Corolla Bay LLC 2b. Deed book and page no.: DB 1526, PG 394 2c. Responsible party: (for Corporations) lc. Primary Contact Phone:* (xxx)aw-xxxx (252)491-8147 17 Applicant (other than owner) 2d.Address* Street Address PO Box 90 Address tine 2 (Sty State / Province / Region Kill Devil Hills NC Postal / Zip Code Country 27948 USA 2e. Telephone Number:* bcodxxx-xxxx (252)441-9003 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* premgupta@icrsaga.com 3. Applicant Information (if different from owner) 3a. Name:* David & Joan Normandy-Dolberg 3b. Business Name: Of applicable) 3c. Address* Street Address 10721 Sandy Run Trail Address Line 2 aty State / Bovine / Region Fairfax Station VA Postal / ZZp Code Country 22039 USA 3d. Telephone Number:* (704)405-5911 3e. Fax Number: (xxx)xxx-xxxx (x)x)xxx-xxxx 3f. Email Address:* jdolberg@cox. net 4. Agent/Consultant (if applicable) 4a. Name:* Brian D. Rubino 4b. Business Name: (if applicable) Quible & Associates P.0 4c. Address* Street Address PO Box 870 Address Line 2 aty Kitty Hawk Postal / Zip Code 27949 4d. Telephone Number:* (252)491-8147 ()- 4f. Email Address:* brubino@quible.com Agent Authorization Letter* Rease provide the Agent Authorization Letter if you are subtitling this docunent. Signed Auth Normandy-Dolberg.pdf Lot 34 Authorization Statement SF Corolla Bay.pdf RLETYFEMST BEFCF State / Bovine / Region NC Country USA 4e. Fax Number: (xx(pax-xocK 197.41KB C. Project Information and Prior Project History 1. Project Information la. Name of project:* 982 Cruz Bay Court 1b. Subdivision name: (d appropriate) Corolla Bay lc. Nearest municipality/ town:* Corolla 2. Project Identification 2a. Property Identification Number: 2b. Property size: (tax RN or parcel ID) On acres) 9936-42-5108 0.29 2c. Project Address Street Address 982 Cruz Bay Court Address Line 2 Criy State / Bovine / Fegion Corolla NC Postal / Zip Code Country 27927 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 36.352529 -75.826349 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Currituck Sound 3b. Water Resources Classification of nearest receiving water:* SC Surface Water Lookup 3c. What river basin(s) is your project located in?* Pasquotank 3d. Please provide the 12-digit HUC in which the project is located.* 030102051306 River Basin Lookup 4. Project Description and History 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 uplands and wetlands. Adjacent parcels include single family residences and undeveloped uplands and wetlands. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r 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) Click the upload button or drag and drop files here to attach document MOSSEY ISLANDS.pdf 1.72MB Ale type rrust be Of 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) Click the upload button or drag and drop files here to attach document NRCS_Soil_Map.pdf 403.19KB Rle type must be pdf 4f. List the total estimated acreage of all existing wetlands on the property: 0.16 4g. List the total estimated linear feet of all existing streams on the property: (internittent and perennial) n/a 4h. Explain the purpose of the proposed project:* Fill of 0.029 acres of wetlands to accommodate a single family residential development. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed project will consist of filling 0.029 acres of wetlands using dump trucks, skid steer, and silt fencing to contain the proposed fill. 4j. Please upload project drawings for the proposed project. Click the upload button or drag and drop files here to attach document P99006-Iot34-NAT18-031021.pdf Ale type must be pdr 357.24KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* c Yes C- No C Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* C- Preliminary P Approved r Not Verified C- Unknown r N/A Corps AID Number: Example: SAW-2017-99999 SAW-2008-00770 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR. 03/07/2016 5d1. Jurisdictional determination upload Click the upload button or drag and drop files here to attach document Corolla Bay - SAW-2008-00770.pdf signed-404 corolla bay.pdf Re type Host be FIT 6. Future Project Plans 6a. Is this a phased project?* C' Yes n No 91.69KB 553.27KB Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): 17 Wetlands r Open Waters r Streams -tributaries r Pond Construction r Buffers 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". 2a. Site #*(9) 1 2a1 Reason*(?) Residential Development 2b. Impact type * (?) P 2c. Type of W.* Estuarine Woody Wetland 2d. W. name* Wetland 2e. Forested* Yes 2f. Type of Jurisdicition * (') Corps 2g. Impact area* 0.029 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.029 2g. Total Wetland Impact 0.029 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* The proposed fill area has been minimized to achieve the desired single family residential development of this lot. The easting uplands are being utilized. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Silt fencing will be used to contain all fill proposed. All fill will be sloped in a manner that does not promote erosion. 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 r No 2c. If yes, mitigation is required by (check all that apply): r DWR fJ Corps 2d. If yes, which mitigation option(s) will be used for this project? rJ Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Great Dismal Swamp Restoration Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Riparian wetland Quantity: 0.058 Attach Receipt and/or letter crick the upload button or drag and drop files here to attach docun rt Letter of Credit Availability - Quible - 982 Cruz Bay Court 03102021.pdf FILETYFEMST BEFIT 3c. Comments 319.29KB NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. F. Stormwater Management and Diffuse Flow Plan (required by DWR) ***Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ✓ Yes ( No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: NC Riparian Buffers do not exist within the river basin and all work is outside of the CAMA AEC's and buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes G No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* a Yes r No To look up low density requirement click here 15A NCAC 02H .1003(2). Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* ✓ Yes (cNo 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)?* ✓ Yes (No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* ✓ Yes f No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ✓ Yes rNor N/A 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?* ✓ Yes rNo 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes ( No 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8?* ( Yes t No r No r Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* NC Natural Heritage Program Database Consultation Documentation Upload Click the upload button or drag and drop files here to attach docunent Ale type mist be FCF 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes rNo 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No surface waters present within the proposed work area. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* ✓ Yes f• No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* National Register of Historic Places 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drop files here to attach docunent Ale must be FOF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* ( Yes rNo 8b. If yes, explain how project meets FEMA requirements: The project is in an AE and Xflood zone. Development of this nature is allowed in AE and Xzones as long as first floor elevations exceed base flood elevations. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Maps and nconemap.com Miscellaneous Comments Miscellaneous attachments not previously requested. Click the upload button or drag and drop files here to attach docurrent Re mist be FCFor KW Signature ® By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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:* Brian Rubino Signature * Date 3/15/2021 SIGN UP SHEET INTERAGENCY/SCOPING MEETING Scoping Meeting - Hyde County Partners, LLC Tract Purpose of this meeting is to discuss a proposed project and provide environmental permitting and regulatory information which will improve communications and the permitting processes. October 15, 2020 at 9:30 am Onsite Name Agency Phone Email Brian Rubino Quible & Associates 252-599-6021 brubino@quible.com Joe Lassiter Consultant 252-202-3800 josephslassiter@gmail.com Mike Strader Quible & Associates 252-261-3300 MStrader@quible.com Angie Tooley Hyde County Partners 252-795-2026 eaglerockadvl@gmail.com Bill Ogburn Hyde County Partners 252-943-7548 billogburnjr@hotmail.com Dr. Curtis Richardson Duke University Wetland Center 919-613-8006 curtr@duke.edu Dr. Neal Flanagan Duke University Wetland Center 919-613-8087 neal.flanagan@duke.edu Raleigh Bland USACE 910-251-4564 raleigh.w.bland@usace.army.mil Billy Standridge USACE 910-251-4595 billy.w.standridge@usace.army.mil Maria Dunn NCWRC 252-948-3916 maria.dunn@ncwildlife.org Rebekah Martin USFWS rebekah_p_martin@fws.gov Howard Phillips USFWS howard phillips@fws.gov Chris Pullinger DWR-401 252-948-3918 chris.pullinger@ncdenr.gov Robert Tankard DWR josephslassiter@g mail.com Robert.tankard@ncdenr.gov Samir Dumpor DEMLR 252-948-3859 Samir.dumpor@ncdenr.gov Lyn Hardison DEQ 252-948-3842 Lyn.hardison@ncdenr.gov An on -site meeting to discuss the wetland restoration component of this project which they are seeking a Nationwide 27 Permit. It will involve hydrologic restoration that would restore historic wetland conditions on a large portion of the property by retrofitting and installing new ditch/canal water control structures. The wetland restoration would restore wetlands that had been impacted from their natural state from the large perimeter ditches. NCDEQ WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALLWASHINGTON, NC 27889 252-946-6481, FAX 252-975-3716 1 of 2 SIGN UP SHEET INTERAGENCY/SCOPING MEETING Name Attendance Response Hardison, Lyn Meeting Organizer None Raleigh W SAW Bland Required Attendee Accepted billy.w.standridge Required Attendee Accepted rebecca_martin@fws.gov Required Attendee None John_Ellis@fws.gov Required Attendee None Pullinger, Robert C Required Attendee Accepted Dunn, Carl Required Attendee None Dumpor, Samir Required Attendee Accepted Brian Rubino Required Attendee None josephslassiter@gmail.com Required Attendee None eaglerockadvl@gmail.com Required Attendee None Michael Strader Required Attendee Accepted Dunn, Maria T. Required Attendee None Tankard, Robert Required Attendee Accepted Martin, Rebekah Required Attendee Accepted Phillips, Howard Required Attendee None Bodnar, Gregg Required Attendee Declined NCDEQ WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALLWASHINGTON, NC 27889 252-946-6481, FAX 252-975-3716 2 of 2