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
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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
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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
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§
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
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