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HomeMy WebLinkAbout20210768 Ver 1_ePCN Application_20210701DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 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?* r Yes r No Change only if needed. BIMS # Assigned 20210768 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Central Office - (919) 707-9000 Information for Initial Review la. Name of project: Highway 56 Subdivision la. Who is the Primary Contact?* Sean Clark 1b. Primary Contact Email:* sclark@sageecological.com Date Submitted 7/1/2021 Nearest Body of Water Middle Creek Basin Tar -Pamlico Water Classification C;NSW Site Coordinates Latitude: Longitude: 36.1220-78.5135 A. Processing Information County (or Counties) where the project is located: Franklin Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Rick Trone:eads\rvtrone 1c. Primary Contact Phone:* (919)559-1537 Is this a courtesy copy notification?* r Yes r No ID# 20210768 Pre -fling Meeting or Request Date 4/13/2021 Attach documentation of Pre -Filing Meeting Request here: nick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form (2).pdf File type mast be FCF 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 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 r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification Version 1 29 - Residential Developments 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: 52.05KB r 401 Water Quality Certification - E>q)ress V Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r 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? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Windsor Lakes, LLC 2b. Deed book and page no.: Deed book 2224, page 2172 2c.Contact Person: Steven Hayes r Yes r No r Yes r No 2d.Address Street Address 28 Hayes Court Address tine 2 City Franklinton Postal / Zip Code 27525 2e. Telephone Number: (919)669-7570 2g. Email Address:* shayes5@nc.rr.com 4. Agent/Consultant (if applicable) 4a. Name: Ian McMillan 4b. Business Name: 4c.Address Street Address 3707 Swift Drive Address tine 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)559-1537 4f. Email Address:* imcmiIlan@sageecological.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Franklinton 2. Project Identification 2a. Property Identification Number: 1846-32-9333 2c. Project Address Street Address 1781 W. Green Street Address Line 2 City Franklinton Postal / Zip (ode 27525 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Middle Creek 3b. Water Resources Classification of nearest receiving water:* QNSW 3c. What river basin(s) is your project located in?* Tar -Pamlico State / Province / Pagion NC Country USA 2f. Fax Number: State / Province / Rion NC Country USA 4e. Fax Number: 2b. Property size: +/- 105 State / Province / Region NC Country USA 3d. Please provide the 12-digit HUC in which the project is located. 030201010204 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 primarily undeveloped and mostly wooded. Surrounding areas are rural with a mix of farmland and undeveloped wooded areas. 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 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* The purpose of the project is to develop a residential subdivision to help address the housing needs in the area. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project involves development of an onsite residential subdivision. Impacts to onsite streams and riparian buffers have been minimized to the greatest extent practicable. No secondary and indirect impacts are foreseen. Heavy construction equipment, including bulldozers, front-end loaders, trackhoes and dump trucks, will likely be utilized in the construction. 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Steven Ball Agency/Consultant Company: S&EC, Inc. Other: 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 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? No. F. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries m Buffers r Open Waters r Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * ��3e. Stream Type* 3f. Type of 3h. Impact (?) Jurisdiction* ffS. width *length* S1 Impact 1 - Road crossing Permanent Culvert Stream C Perennial Both 10 Average (feet) 73 (linearfeet) S2 Impact 1 - Road crossing Temporary Culvert Stream C Perennial Both 10 Average (feet) 37 (lir�rfeet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 73 31. Total temporary stream impacts: 37 31. Total stream and ditch impacts: 110 3j. Comments: Stream impacts due to a proposed road crossing will result in 73 LF of permanent impact and 37 LF of temporary impact. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. F Neuse Fd Tar -Pamlico F Catawba F Randleman F Goose Creek F Jordan Lake F Other 6b. Impact Type Impact A1/A2 - Road crossing, Allowable Upon Authorization 6c. Per or Temp f 6d. Stream name Stream C 6e. Buffer mitigation required? No 6f. Zone 1 impact 6,006 6g. Zone 2 impact 3,796 Impact A3/A4 - Road crossing, Allowable Upon AuthorizationRoad crossing T ream C f No 1,310 1,047 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 1,310.00 1,047.00 Zone 1 Zone 2 Total Permanent impacts: 6,006.00 3,796.00 Zone 1 Zone 2 Total combined buffer impacts: 7,316.00 4,843.00 61. Comments: From Tar -Pamlico Buffer Rules - Road, driveway or railroads - perpendicular crossings of streams and other surface waters subject to this Rule: (ii) Impact greater than one -tenth of an acre but equal to or less than one-third of an acre (14,520 sq ft) of riparian buffer. Because the proposed total permanent buffer impact is 9,802 sq it, these impacts would be "Allowable Upon Authorization" 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: Impacts to wetlands are not proposed. 11b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All required sediment and erosion control measures will be implemented and maintained. Additionally, the site ahs been designed to avoid impacts to onsite resources to the greatest extend practicable. 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: No wetland impacts are proposed. Proposed stream impacts are belowthe threshold requiring mitigation. Proposed riparian buffer impacts are "Allowable Upon Authorization" per the Table of Uses. 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 What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) • Other SCM that removes minimum 30 % nitrogen r Proposed project will not create concentrated stormwater flow through the buffer 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: If it is determined that the project will require a SMP, we request that the 401 Water Quality Certification be be conditioned such that SMP must be approved before requested impacts may be conducted. 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. This is a stand alone project and therefore not likely to be a catalyst for future development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor WA 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. Lots will be serviced by onsite, individual septic systems. 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 r Unknown 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 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? We reviewed the NCNHP database report and it does not document any elemental occurrences on or within 1 mile of the site. This report is included as an attachment to this PCN. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* F Yes IF No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 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?* f Yes G No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* State Historic Preservation Office Historic Properties Map (http://gis.ncdcr.gov/hpovieb/) The Site is not a historic property or within a historic district. There are three historic properties within 1.0 mile of the Site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* F Yes G No 8c. What source(s) did you use to make the floodplain determination?* FEMA Floodplain Panel No. 3720184600J, 04/16/2017 Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Cick the upload button a drag and drop files here to attach documant Highway 56 PCN attachments.pdf 6.6MB File mast be FOE or ME Comments Attachments: Cover letter Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 3-PJD Wetland Sketch Map Figure 4-NCSHPO Map NCNHP Database Report Impact Map Signature W 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: Ian McMillan Signature Date 7/1 /2021 ID#* 20210768 Version* 1 Regional Office * Raleigh Regional Office - (919) 791-4200 Reviewer List* Rick Trone Pre -Filing Meeting Request submitted 4/13/2021 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Sean Clark SClark@sageecological.com Hwy 56 Subdivision Swanlake Holdings LLC Franklin Street Address 28 Hayes Court Address Line 2 aty Franklinton Postal / Zip axle 27525 Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification Regular Express F- Individual Permit F- Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No State / Province / Pegion NC Country United States of America Do you know the name of the staff member you would like to request a meeting with? no Please give a brief project description below and include location information.* A 54-lot residential subdivision is proposed on the 105-acre parcel. A single perpendicular road crossing is proposed. No other impacts to wetlands or streams are proposed. All streams depicted on the USGS and Soil Survey maps were present in the field so a buffer determination site meeting was not requested. Please give a couple of dates you are available for a meeting. 4/29/2021 Please attach the documentation you would like to have the meeting about. I wy56 Subdivision vicinity maps.pdf 7.74MB Pages from Hwy 56 Subdivision —Construction 1.4MB Plans 24x36_2020-10-29.pdf pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 4/13/2021 O i O om LL a N 's O u W �i W om x W N W mo W s O L i