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HomeMy WebLinkAbout20211072 Ver 2_Riparian Buffer Authorization Request (2)_20210723Buffer Authorization Application Form 15ANCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Buffer Authorization Online Fo Update 10/23/2018 Original Submittal 7/23/2021 A. Owner/Applicant Information General Information Primary Contact Email: * Who is submitting the application?* 1. Property Owner Information: la. Name on Recorded Deed:* 1b. Responsible Party: 1c. Mailing Address:* 1d. Telephone:* (910)591-9945 3. Agent Information: 3a. Name: 3b. Company Affiliation: 3c. Mailing Address: brownenvgrp@gmail.com Rease list the contact person's en -ail for questions or payrrent on this project if needed. rJ Owner r- Applicant other than Owner rJ Agent FOUR C'S OF JOHNSTON COUNTY, LLC Andrew Phillips (for Corporations) Street Address 109 MEADOWBROOK CT Address Line 2 Cty State / Province / Region Benson North Carolina Postal / Zip Code Country 27504 United States le. Email Address:* and rewsphillips@me.com Street Address Address Line 2 aty State / Province / Fegion Fbstal / Zip Code Country 3d. Telephone: 3e. Email Address: 3f. Attach a signed and dated copy of the agent Click the upload button or drag and drop files hereto attach docurrent authorization form. RDFOily B. Project Information and Prior Project History 1. Project Information la. Name of Project:* Charlestowne Phase 3 (Subdivision, facility, or establishrrent narre) 1b. Is this a publicly -funded transportation project?* r Yes r No 1d. Subdivision Name: Charlestowne 3 le. Nearest Smithfield Municipality: 1f. Property Size: 38.00 acres 1g. County (or Counties) where the project is located:* Johnston 1h. Property ID# Date of Purchase 261100-46-8701 8/27/2020 Tax RN or Parcel id 1 i. Deed Information Type of Book Book#11 Page# Deed F 0843 Map 1j. Attach a copy of the recorded map that indicates when the lot was last platted. dick the upload button or drag and drop files here to attach docunent RDF only 1k. How would you like to provide the Latitude and Longitude information?* r Address Lookup r Manually Latitude * 35.44269 Longitude *-78.27886 11. Is the project located in any of North Carolina's twenty coastal counties? r Yes 4 No 2. Surface Waters 2a. Name of the nearest body of water to proposed project:* UT to Polecat Branch 2b. Water Quality Classification of nearest receiving water:* C, NSW 2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:* 797 (linear feet only) A 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 approximately 38 acres and is located on 5682 Brogden Road, southeastern Johnston County. The existing conditions are approximately 34 acres of the tract is cleared farmland with approximately 4 acres of woodland. This project will be Phase 3 of an existing S/D directly bordering to the east. The first 2 phases were developed by different people. The general land use in the area is farmland and woodland with a few small individual home subdivisions. 3b. Attach an 81/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site. (lick the upload button or drag and drop files here to attach docurrent Quad.pdf 316.67KB FDF only 3c. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. nick the upload button or drag and drop files here to attach docurrent Soils.pdf 412.77KB FDF only 4. Proposed Activity Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:* The purpose is to provide single family homesites in a subdivision. The water lines and power lines will be supplied by the developer. The septic will be onsite and will be provided by the individual homeowner for each lot. Although, the north end of the rectangular shaped project touches Brogden Road, NCDOT is denying direct access to Brogden Road, requiring this phase to enter and exit through the existing Phase 1 and 2 of the subdivision. There will be a wetland impact caused by installing the connection to the existing S/D on Bayberry Street. Motor graders and bulldozers will be used to grade the streets. A trackhoe will be used to install the culverted crossing of the wetland. The power and water will be installed by trenching along the installed street shoulder. The streets will be paved with asphalt. Attach a site plan as applicable to the project: (lick the upload button or drag and drop files here to attach docurrent Charlestowne 3 Wetlands Impacts (2).pdf 477.09KB FDF only 5. Jurisdictional Determinations 5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this property/project (including all prior phases) in the past?* r Yes r No 5b. Who did the determination on the jurisdictional areas? Who did the determination? List name if known Date Attach Agent/Consultant Charles Pender 01/20/2021 Neuse Buffer 1.51 M. (%rre if (mown) Letter.pdf pdf only *** Please include the date of the determination and upload a copy of the determination. Comments: Under "Who did the determination" did not allow for me to put Johnston County. 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* r Yes r No 6b. List any permits/approvals that have been requested or obtained for this project in the past. Application Date Date Issued Permit Type 6c. Please explain and detail according to "help file" instructions.* The first 2 phases were by different owners, to my knowledge no buffer, stream or wetland impacts occurred. I'm assume the first 2 phases had S&EC approval. 7. Future Project Plans ^ ........ ............. ..... ......... ........... ....... ....... ....... ......... ......... ......... ......... ......... ......... ............. ....... .... ......... .......... ....... ....... ....... -......... 7a. Is this project a phased project?* r Yes r No 7b. If yes, explain * This project is Phase 3 of an eAsting SID. The first 2 phases were developed by different developers. The were no wetland or stream impacts in the first 2 phases to best of my knowledge. C. Proposed Impacts Inventory Buffer Impacts Project is in which protected Basin?* r Neuse River Basin (15A NCAC 02B.0233) f Catawba River Basin (15A NCAC 02B.0243) f Randleman Lake Watershed (15A NCAC 02B.0250) r Tar -Pamlico River Basin (15A NCAC 02B.0259) r Jordan Lake Watershed (15A NCAC 02B.0267) r Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607) Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Site# - Reason Stream Name Buffer Impact* Impact Type * Zone 1 Zone 2 Buffer Impact UT to Pole Permanent Allowable 678.00 1,333. Nbp label (e.g. Rrad Cat (P) Square 00 Crossing 1) FbrmorTerrp Feet Square Feet Total Zone 1 Impacts: 678.00 Total Zone 2 Impacts: 1,333.00 Total Buffer Impacts: 2,011.00 Comments: The Neuse Buffer begins just downstream of the crossing, the cone of the buffer is being impacted by the crossing. h D. Impact Justification and Mitigation . ...... ...... ........... 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.* In designing the project the road way crossing and shoulders were designed to be narrow as DOT will allow and a headwall was designed to reduce impact. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. There will be an approved sediment and erosion control plan for this project, the plan will be followed by construction personnel and inspected by Johnston County. The wetland area will be clearly marked and protected by silt fence. The crossing is being installed just upstream of the stream start point so a pump around should not be necessary E. Diffuse Flow Plan la. What type of SCM are you providing? * rJ Level Spreader rJ Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) r Proposed project will not create concentrated stormwater flow through the buffer r Other SCM that removed minimum of 30% nitrogen 1 c. Diffuse Flow Documentation * aick the upload button or drag and drop files here to attach docurrent Buffer Impact 07-06-2021.pdf 109.65KB Charlestowne 3 Wetlands Impacts (2).pdf 477.09KB R F only F. Supplementary Information Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? r Yes t: No Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)? r Yes f• No 2b. Is this an after -the -fact buffer authorization application? r Yes C No G. Additional Information .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Please upload any additional information you would like the Division to consider during application review. Additional Attachments: Click the upload button or drag and drop files here to attach docurrent SAW-2021-01196 Charlestowne SD Phase 3—Smithfield—Johnston County NC_NWP 29 550.03KB Verification. pdf FDF only Additional Comments: I attached the approved 404 from the COE. We are waiting for the 401. thank you Wyatt H. Sign and Submit .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... By digitally signing below, I certify that: • 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 application form." Print Name:* Wyatt Brown Signature �%��5Y9aG Submission Date: (Auto populated f ield) Initial Review Is this accepted into the review process?* Is this project a public transportation project?* ID#* Version:* Select Reviewer: Select Reviewing Office* Has payment been received?* O Yes O No O Yes r No 20211072 2 Stephanie Goss:eads\szgoss Raleigh Regional Office - (919) 791-4200 C No Payment Needed r Fee Received r Need Fee - send electronic notification BUFFER IMPACT CHARLESTOWNE PHASE 3 SMITHFIELD TOWNSHIP JOHNSTON COUNTY 0 50 100 SCALE: 1 " = 50' P.I.N. 261100-46-8701 <1 / ��� 0�5 RP�FDOOP��1 ti 5 P P 01 0c)� 1bb,N� SITE VICINITY MAP-NTS i C.} Enoch ngineers , P.A. Consulting Engineers & Surveyors 1403 NC HWY 50 S., Benson, NC 27504 Pb (919)894-7765; Fax(919)894-8190 N.C. Firm License No. C-2061 Surveyed By: EE, FA Drawn By: FT Date: 06-29-2021 Field Books: Project: 5044 M _ 4 a g^ lz�W"'`a 9 � 'o 8 N / I -A $ s� q M1q �i R�r 9 LOCgPalt Revisions BRICBEN RB. _ y o WETLANDS IMPACTS 11 Enoch FOR Engineers, P.A. i�E���sn�P No NsoN uN Po ICHARLESTOWNESUBDIVISION S� PHASE 3 Eoue --F. , cs of aoeNsoNRcouNrv. uc ��-, rypav Anov M _ 4 a g^ lz�W"'`a 9 � 'o 8 N / I -A $ s� q M1q �i R�r 9 LOCgPalt Revisions BRICBEN RB. _ y o WETLANDS IMPACTS 11 Enoch FOR Engineers, P.A. i�E���sn�P No NsoN uN Po ICHARLESTOWNESUBDIVISION S� PHASE 3 Eoue --F. , cs of aoeNsoNRcouNrv. uc ��-, rypav Anov C, fd", 6 W I &M� DEPARTMENT OF PUBLIC UTILITIES PO BOX 2263 SMITHFIELD, NC 27577 (919) 989-5075 January 25, 2021 Four C's of Johnston County, LLC 109 Meadowbrook Ct. Benson, NC 27504 Subject: Neuse River Buffer Call NBR# NB 21-002 Project Name: Charlestowne Ph-3 (NC Pin# 261100-46-8701) Location / Directions: Brogden Rd at Pollard Rd Subject Stream: F-A UT to Polecat Branch (C; NSW) Determination Date: January 20, 2021 Staff. Charles Pender Not Soil USGS Latitude Longitude Feature Subject Subject Start @ Stop @ Survey Topo (Dec. (Dec. Degrees) Degrees) F-A ❑ ® At orange n/a ® ❑ flagging ❑ ❑ ❑ ❑ Explanation: The feature(s) listed above that are checked "Subject" to the Johnston County Neuse Riparian Buffer Ordinance (Section 14-393 Johnston County Code of Ordinances) has or have been approximately shown on either the Soil Survey of Johnston County, North Carolina (1994) or the most recent version of the 1:24,000 (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS), and have been located on the property and possess characteristics that qualify it to be a stream. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. There may be other streams located on your property that do not show up on the maps referenced above but still may be considered jurisdictional according to the US Army Corps of Engineers and/or the North Carolina Division of Water Resources. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by Johnston County may request a determination by the Director of the Division of Water Resources c/o the 401 and Buffer Permitting Unit, or its successor. An appeal request must be made within sixty (60) days of the date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director must be submitted in writing with a copy of this letter to: North Carolina Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 This determination is final and binding unless, as detailed above, a request for an appeal has been made in writing within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919) 554-4884 and the Division of Water Resources 401 & Buffer Permitting Unit at (919) 791-4200. If you have any questions regarding this determination, please feel free to contact Charles Pender at (919) 209-8333 or via email at charles.pender@johnstonnc.com. Sincerely, Charles Pender, Jr. Engineering and Environmental Technician . , L: " 1 CO (D PTO", uk,7N M" ' . 0c �0= . \\/j± =u> +�a2 mk0.j - \} jz\ . . \ \ j 2 \ f ° -0 % 7 - q 2 ) { ° & \�\ § 3 c » 2m%G» =/Q=— ¥2 §(/ m s \ \ �m - \\\0 ` { ( \ — ( \ \ 0> f - } / u / ! cc \\f — . x w c m \ \ \/ //{� cam, )\/® 7/{ - � .� § U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01196 County: Johnston U.S.G.S. Quad: NC -Four Oaks NE GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Four C's of Johnston Countv, LLC Andrew Phillips Address: 109 Meadowbrook Court Benson, North Carolina 27504-9042 Telephone Number: 919-591-9945 E-mail: andrewsphillipsOme.com Size (acres) 38 Nearest Waterway Neuse River USGS HUC 03020201 Nearest Town Smithfield River Basin Neuse Coordinates Latitude:35.44269 Longitude:-78.27886 Location description: The Charlestowne Subdivision Phase 3 project is located on the south side of Brogden Road, between the Towns of Princeton and Four Oaks in Johnston County, North Carolina. The site is primarily farmland with small, forested areas along the southeastern boundary. Description of projects area and activity: This verification authorizes the use of Nationwide Permit 29 to permanently impact 0.061 acre of Wetland A (Impact Wl) to accommodate a culvert and road fill necessary to access developable portions of the site. No additional impact to stream or wetland resources is authorized. Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 7/2/2021, and the enclosed plans "Wetlands Impacts for Charlestowne Subdivision Phase 3" dated 4/5/2021. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Christopher Hopper at (919) 554-4884 (x35)or christopher.d.hop p er(&usace. army.mil. Corps Regulatory Official: Date: 07/23/2021 Expiration Date of Verification: 15/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Brown's Environmental Group, Inc. Wyatt Brown Address: 242 Batten Farm Road Selma, North Carolina 28576 Telephone Number: 919-524-5956 E-mail: brownenvup()2mail.co m Action ID Number: SAW-2021-01196 County: Johnston Permittee: Four C's of Johnston County, LLC, Andrew Phillips Project Name: Charlestowne Subdivision Phase 3 Date Verification Issued: 07/23/2021 Project Manager: Christopher Hopper Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Christopher Hopper Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or christopher.d.hopper@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date I 7E7 RD 11, 'V A"N 7 cn ­4 V, 0 j lnCgRevisions WETLANDS IMPACTS RROOZN� RD 11 TIF ELI T11111P 2 FOR Enoch Engineers, C HARLESTOWNE SUBDIVISION T P.A. Coy s"gym N-IS & S— oFR"' I PHASE DF JOIN— I EADDW-01 COU H1111-11 11TI! T 1 1— J % u,'l CrJ L) y, _