HomeMy WebLinkAbout20052167 Ver 5_ePCN Application_20211004DWR
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
20052167
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:
Winston Ridge - Phase 4
la. Who is the Primary Contact?*
Camden Brunick
1b. Primary Contact Email:*
cbrunick@sandec.com
Date Submitted
10/4/2021
Nearest Body of Water
UT to Horse Creek
Basin
Neuse
Water Classification
WS-V:NSW
Site Coordinates
Latitude: Longitude:
36.057052-78.509291
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#*
5
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
1c. Primary Contact Phone:*
(919)846-5900
Is this a courtesy copy notification?*
r Yes r No
ID#
20052167
Pre -fling Meeting or Request Date
3/22/2021
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.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
Version 5
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:
51.17KB
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:
Winston Ridge Development, LLC
2b. Deed book and page no.:
DB: 1805 DP: 801
2c.Contact Person:
Bobby Sumner
r Yes r No
r Yes r No
2d.Address
Street Address
1265 Flat Rock Church Road
Address Line 2
(Sty
Slate / Province / Iagim
Louisburg
NC
Postal / Zip Code
Country
27549
USA
2e. Telephone Number:
2f. Fax Number:
(919)422-5713
2g. Email Address:*
Bobby@sumnerconstruction.com
4. Agent/Consultant (if applicable)
4a. Name:
Camden Brunick
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address Line 2
city
State / Province / legion
Raleigh
NC
Postal / Zip Code
Country
27615
USA
4d. Telephone Number: 4e. Fax Number:
(919)846-5900 (919)846-9467
4f. Email Address:*
cbrunick@sandec.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
N/A
1c. Nearest municipality/ town:
Youngsville
2. Project Identification
2a. Property Identification Number:
2b. Property size:
1843-59-0714 & portion of 1844-60-0268
+/- 73
2c. Project Address
Street Address
NC Highway 96
Address Line 2
City
State / Province / legion
Youngsville
NC
Postal / Zip (ode
Country
27596
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
UT to Horse Creek
3b. Water Resources Classification of nearest receiving water:*
WS-V;NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010603
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
Existing conditions onsite consists primarily of heavily forested land. The previous phases of Winston Ridge that havve been constructed is located to the east of the current proposed
phase. Specifically, there is one (1) wetland feature (W1) and two (2) intermittent stream features (SA & SB) located on the property. 'SA' starts near the center of the property before
flowing southwest off property. 'SB' is located near the southwestern portion of the property and converges with feature'SN. Both intermittent streams include adjacent wetland 'W1'.
Please see attached wetland sketch map for exact locations of each feature. General land use in the vicinity of the project consists of forested land along with some residential single-
family homes. A scrapyard is located just to the south of the project. NC 96 Highway bounds the property to the west.
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).
it is our understanding that DWQ Approval - July 14, 2006; GC 3402 (DWQ Project #05-2167)/USACE "Waived" approval of the application submitted by Keller Environmental dated
March 2, 2006.
As well as a 401 Approval issued on August 24, 2011 (DWQ Project #05-2167) and a 404 Approval issued for NWP 29 by James Lastinger on July 29, 2011 (SAW-2011-01376).
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 2.4 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 600 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a single-family residential development and its necessary infrastructure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project consists of the construction of a single-family residential development including but not limited to; roadway infrastructure, residential lots, SCM's, and utilities.
Specifically, there is one (1) road crossing that impacts streams and wetlands. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators,
graders, pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
Comments:
r No
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-2017-01720
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental Consultants, PA
Other:
C Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE: Site visit and field determination made by James Lastinger on May 12, 2016.
"'Note that "Preliminary JD" not issued to date, preliminary was checked at C5b to provide this data box for project details.—
6. Future Project Plans
6a. Is this a phased project?*
r Yes C No
6b. If yes, explain.
These plans are for the last phase of the Winston Ridge project.
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?
it is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NNP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory V
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries ❑ Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
Reason (?) 2b. Impact type * (?) I 2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area*
Impact Area 1 Road Crossing P ffornland Hardwood Forest W1 Yes Both 0.137
(acres)
__]
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.137
21. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.137
F
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
S1 Impact Area 1 - Road Permanent Culvert Stream A Intermittent Both 4 120
Crossing Average (feet) (li �rfeet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
120 0
31. Total stream and ditch impacts:
120
3j. Comments:
FE. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed and wetland and stream delineation for the entire property in order to identify natural resources so that impacts could be avoided
and minimized to the maAmum extent practicable. Impact area 1 is proposed permanent wetland and stream impacts for a road crossing. This road
crossing is necessary access the entire property from Highway 96. Wing walls will be utilized to minimize impacts to wetlands to the maAmum extent
practicable. Compensatory mitigation at a 2:1 ratio is proposed to offset permanent wetland losses.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing will be utilized along with inlet/outlet protection to minimize proposed impacts through construction techniques.
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
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:
EBX-Neuse I - Arrington Bridge III Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.27
3c. Comments
Permanent Wetland Loss impact = 0.137 acres; 0.137 @ 2:1 mitigation ratio = 0.27 acres
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 r No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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?
r Yes r No
What type of SCM are you providing?
* 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 15ANCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
W Phase II W NSW r USMP W Water Supply
Please identify which local government stormwater program you are using.
Franklin County
Comments:
G. Supplementary Information
1. Environmental Documentation
r No
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)
U
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.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Winston Ridge Phase 4 project is a residential development. Additionally, the project is located within the town of
Youngsville ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream
waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area,
in addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater
Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction
stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR forth is 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.
The project will discharge sanitary sewer to the county collection system which has a capacity of 3.0 MGD.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
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?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on
July 6, 2021. The USFWS has 30 days to respond from the date of the sent request. S&EC received no response from USFWS within the 30 days
meaning that they concurred with the determinations made by S&EC that the proposed actions is not likely to adversely affect any federally -listed
endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species
Act (ESA). Please see attached S&EC Threatened & Endangered Species report.
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?*
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
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?*
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on April 27, 2021, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. Additionally, no structures epst within the property boundaries.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
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.
nick the u*ad button a drag and drop files here to attach document
Winston Ridge _PCNattachments.pdf 29.84MB
File must be FCF a KIVE
Comments
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:
Camden M. Brunick
Signature
Se�CaC:,�FiF'L'...� .a'fmrtrl
Date
10/4/2021