HomeMy WebLinkAbout20210396 Ver 2_ePCN Application_20210929DWR
mrlslon 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
20210396
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
la. Name of project:
Barbour Farms
la. Who is the Primary Contact?*
Wyatt Brown
1b. Primary Contact Email:*
brownenvgrp@gniail.com
Date Submitted
9/29/2021
Nearest Body of Water
Little Poplar Creek
Basin
Neuse
Water Classification
WS-N. NSW
Site Coordinates
Latitude: Longitude:
35.57687-78.38980
A. Processing Information
County (or Counties) where the project is located:
Johnston
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#*
2
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
1c. Primary Contact Phone:*
(919)524-5956
Is this a courtesy copy notification?*
r Yes r No
ID#
Version
Pre -fling Meeting or Request Date
9/8/2021
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 (41).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
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:
53.93KB
r 401 Water Quality Certification - E>q)ress
r 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:
NDSP, LLC
2b. Deed book and page no.:
05131,0900
2c.Contact Person:
Shailesh Pancholi
r Yes r No
r Yes r No
2d.Address
Street Address
23 RICHMOND DR
Address tine 2
City
Clayton
Postal / Zip Code
27520
2e. Telephone Number:
(919)219-7171
2g. Email Address:*
panch0li@yahoo.com
4. Agent/Consultant (if applicable)
4a. Name:
Wyatt Brown
4b. Business Name:
Brown's Environmental Group, Inc
4c.Address
Street Address
242 Batten Farm Road
Address tine 2
Qy
Selma
Postal / Zip Code
27576
4d. Telephone Number:
(919)524-5956
4f. Email Address:*
brownenvgrp@gmaii.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
Same
1c. Nearest municipality/ town:
Smithfield
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
180 PRAED LN
Address tine 2
CKY
Clayton
Postal / Zip (ode
27520
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Little Poplar Creek
3b. Water Resources Classification of nearest receiving water:*
WS-IV. NSW
3c. What river basin(s) is your project located in?*
Neuse
Slate / Province / Pagion
NC
Country
us
2f. Fax Number:
State / Province / Rion
NC
Country
us
4e. Fax Number:
2b. Property size:
State / Province / legion
NC
Country
us
3d. Please provide the 12-digit HUC in which the project is located.
030202011105
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 existing conditions are primarily farmland and woodland. The general land use is agriculture in the vicinity of the project.
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
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
DWR # 20210396, SAW-2018-02200
4f. List the total estimated acreage of all existing wetlands on the property:
-9.71 acres
4g. List the total estimated linear feet of all existing streams on the property:
-255 It
4h. Explain the purpose of the proposed project:*
Provide single family home sites for the fast growing area.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project should provide approbmately 65 individual building lots for single family homes. The paved streets and utilities (except septic) will be provided by the developer. The septic
will be on -site septic fields for each lot. There are 2 impacts on the project, both are wetland impacts and both are necessary street crossings of the wetlands.
Bull dozers will be used to clear the roads, track hoes will be used to aid in clearing the roads and installing the crossings. Motor graders will be used to grade the roads in anticipation
of paving.
There are no streams flowing through the project and I'm not aware of any indirect impacts.
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:
SAW-2018-02200
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Wyatt Brown
Agency/Consultant Company: Brown's Environmental Group, Inc
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
COE-JD March 5, 2019 Ross Sullivan
Johnston County Storm Water-Neuse Buffer Determination February 19, 2019 Charles Fender
6. Future Project Plans
6a. Is this a phased project?*
r Yes C No
6b. If yes, explain.
The project was divided into 2 phases when the DOT required a larger culvert after receiving the original 401 and 404. So the 2nd phase (this permit) became the area where the larger
culvert will be installed,
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?
Not to my knowledge
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
R Wetlands F Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * [2f. Typeofurisdicition*(?) area"
Impact 1 road fill P Small -Basin Wetland Wetland BB ��B.th 0.011
(acres)
ff77]Fad
fill
T
Small -Basin Wetland
Wetland BB
Both
0.077
(acres)
2g. Total Temporary Wetland Impact
0.077
2g. Total Wetland Impact
0.088
2g. Total Permanent Wetland Impact
0.011
21. Comments:
The additional impact was caused by adding the larger DOT required culvert.
E. Impact Justification and Mitigation u
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The Project area contains many wetlands on the south west side of the project. Care was taken in design to avoid wetlands while still preserving
building lots. Road width was kept to a minimum, the shoulder width was reduced to the minimum NCDOT would allow in the wetland crossing.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
To help protect the wetlands, sedimentation and erosion control measure will be installed prior to any construction around the wetlands. Construction
will not be commenced during time of heavy rain or when heavy rainfall is expected. All disturbed areas Will be stabilized With either a permanent or
temporary ground cover immediately after construction.
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 f No
2c. If yes, mitigation is required by (check all that apply):
W DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
W 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:
WLS Neuse 01 Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.18 acres
3c. Comments
These credits were purchased for Phase 1 of this project, additional credits were purchased with the original SOA so it fulfills this mitigation need.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
r Yes O No
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?
t^ Yes r No
If no, explain why:
No buffered stream in the area.
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 15ANCAC 02H .1003(2)?
r Yes r No
Comments:
This is the 2nd phase of this project. We originally purchased 0.18 acres of riparian wetland mitigation credits. In the Phase 1 of the project we used 0.145 riparian wetland credits.
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?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 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.
The developer does not own any other land joining this project and no expansion is planned.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor 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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
Sc. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
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
r Unknown
5i. 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.?
C Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
PaC-1) Red -cockaded Woodpecker -"The red -cockaded woodpecker makes its home in mature pine forests." No Mature pine forests on project, no
habitat, no affect. 2) Neuse River Waterdog, Carolina Madtom, Atlantic Pigtoe, Dwarf Wedgemussel, and Yellow Lance all of these live in flowing clean
streams. We are not impacting any streams on this project, No habitat, no affect.
NC Natural Heritage -No found occurrences with in 1 mile of the project.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Website, also none in Johnston County
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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Website above
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Website above
Mi lecs laneous
u
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.
Qick the upload button or drag and drop files here to attach docurrent
Barbour Farms Phase 2.pdf
File nest be POF or ME
11.15MB
Comments
This project was previously granted a 401 and 404 (attached in Barbour Farms Phase 2 below). After these approvals, DOT demanded a larger culvert, causing our permanent impact
to increase 0.011 acres. Therefore we are submitting for the additional impact as a Phase 2 submittal. Our original SOA contained extra mitigation credits we did not use in Phase 1, so
we Will be deducting 0.011 acres from that excess in credits.
thanks
Wyatt
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 INC 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:
Wyatt Brown
Signature
�i �2"Ort9'F
Date
9/29/2021