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HomeMy WebLinkAbout20211475 Ver 1_ePCN Application_20211007DWR 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 20211475 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Washington Regional Office - (252) 946-6481 Information for Initial Review la. Name of project: Arthur's Creek la. Who is the Primary Contact?* Camden Brunick 1b. Primary Contact Email:* cbrunick@sandec.com Date Submitted 10/7/2021 Nearest Body of Water Holland Branch Basin Neuse Water Classification WS-IV;NSW Site Coordinates Latitude: Longitude: 35.422123-78.097546 A. Processing Information County (or Counties) where the project is located: Wayne 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* Robert Tankard:eads\rbtankard 1c. Primary Contact Phone:* (919)846-5900 Is this a courtesy copy notification?* r Yes r No ID# N/A Pre -fling Meeting or Request Date 7/15/2021 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 N/A 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: 49.67KB 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? r Owner fJ 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: Builders Bargain Center of Kinston Inc 2b. Deed book and page no.: DB: 3518 DP: 603 & DB: 3558 DP: 471 2c.Contact Person: David Perry r Yes r No r Yes r No 2d.Address Street Address P.O. Drawer E Address Line 2 (Sty State / F rmince / Pagion Goldsboro NC Postal / Zip Code Country 27533 USA 2e. Telephone Number: 2f. Fax Number: (919)922-0073 2g. Email Address:* dperry6961@aol.com 3. Applicant Information (if different from owner) 3a. Name: David M. Perry 3b. Business Name: 3c.Address Street Address P.O. Drawer E Address Line 2 city State / Province / Rion Goldsboro NC Postal / Zip (,de Country 27530 USA 3d. Telephone Number: 3e. Fax Number: (919)922-0073 3f. Email Address:* dperry6961@aol.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 / Fnmince / Fbgion 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: (if appropriate) 1c. Nearest municipality/ town: Goldsboro 2. Project Identification 2a. Property Identification Number: 2660898908,2661800502,2661807803, 2661709699,2661802934 & 2661704755 2c. Project Address Street Address 311 Charlie Braswell Road Address tine 2 City Goldsboro Postal / Zip Code 27530 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Holland Branch 3b. Water Resources Classification of nearest receiving water:* WS-IV;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. 030202011704 4. Project Description and History 2b. Property size: +/- 66.29 State / F rmince / Fbgion NC Country USA 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 of agricultural and forested land. There are rural farm structures located in the southeastern portion of the property. Specifically, there are two (2) perennial stream (SA & SB), three (3) intermittent streams (SC, SE, & SF), five (5) wetlands (W1-W5), and two (2) ditches. General land use in the vicinity of the project consists of single-family residential developments with some forested land. There is also an abundance of farm land in the surrounding areas. Charlie Braswell Road bounds the property to the east. The Holland Branch stream 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 4f. List the total estimated acreage of all existing wetlands on the property: Approximately 1.71 ac 4g. List the total estimated linear feet of all existing streams on the property: Approximately 3,747 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, utilities, and SCMs. Specifically, there is one (1) wetland impact associated with a proposed ditch, one (1) road crossing that impacts streams and buffers, and two (2) ditch features to be filled. 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 f No 6 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-2020-01346 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Steven Ball Soil & Environmental Consultants, PA 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR NCDWR: Site visit and field determination made by Chris Pullinger and Paul Mays on March 23, 2021 (DWR #2020-1368 v1). USACE: Determination made by Sam Dailey on September 30, 2020 (please see concurrence email). ***Note that "Preliminary JD" not issued to date, preliminary was checked at C5b to provide this data box for project details. - *Although wetland W4 on the sketch map is identified as excluded/non-jurisdictional, per the rescinding of the 2020 WOTUS rule, we have assumed that wetland W4 to be jurisdictional.* 6. Future Project Plans 6a. Is this a phased project?* r Yes f• No Are anyother 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 NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): )7 Wetlands rJ Streams -tributaries m Buffers W Open Waters r- Pond Construction 2. Wetland Impacts Im act 1 P 2a1 Reason (?) Ditch Construction/Swale 2b. Impact type * (?) P 2c. Type of W.* Bottomland Hardwood Forest 2d. W. name * Wetland 4 2e. Forested* Yes 2C Type of Jurisdicition*(?) Both 2g. Impact area 0.051 (acres) Impact 1 Ditch Construction/Swale ��T Bottomland Hardwood Forest Wetland 4 Yes Both] 0.00222 (acres) 2g. Total Temporary Wetland Impact 0.022 2g. Total Wetland Impact 0.073 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.051 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 ❑ (?) 11 Jurisdiction* length* S1 Impact 2-Road Cross P 9 Permanent Culvert Stream B Perennial Both 9 59 Average (feet) (lirear feet) 3Y Impact 2-Road Crossing Permanent Other Stream B Perennial Both 11 29 (RipRap dissipator pad) Average (feet) (liearfeet) (Permanent -no permanent loss) S3 Impact 2-Road Crossing Temporary Other Perennial Both 9 (Temporary Construction n7 1 Average(feet) El access) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 88 52 31. Total stream and ditch impacts: 140 3j. Comments: Total permanent loss stream impacts = 59LF/520SF (0.01ac), Total permanent -no permanent loss impacts = 29LF/304SF (0.01ac), Total temporary stream impacts = 52LF/467SF (0.01ac). 4. Open Water Impacts Ia. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area mpact 3 Fill P Ditch 1 Fill Ditch 0.01 Impact 4 Fill P Ditch 2 Fill Ditch 0.01 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.02 4h. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Ej Neuse C Catawba C Goose Creek r' Other 4g. Total permanent open water impacts: 0.02 r Tar -Pamlico r Randleman r Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact 2 - Road Crossing P Stream B No 3,189 2,053 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 3,189.00 2,053.00 Zone 1 Zone 2 Total combined buffer impacts: 3,189.00 2,053.00 61. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed and wetland delineation and Neuse River buffer evaluation for the entire property in order to identify natural resources so that impacts could be avoided and minimized to the maximum extent practicable. Impact area 1 is proposed permanent and temporary wetland impacts for a grass drainage swale. The swale is being constructed near the southern most portion of the property boundary and was placed as far south of the wetland to minimize impacts to the maximum extent practicable. Where the impacts are occurring, the swale will be constructed shallow to keep the swale width narrow and lessen the impacts. The side slopes will be at a 3:1 ratio to help in the establishment of vegetation along with for maintenance. Per the project engineer, this has been recommended in the past from NCDEMLR-land quality section during erosion control review and approval. In addition, Lots 16 and 17 were designed large enough to allow a dwelling and septic system while avoiding impacts to wetland W4. Impact 2 is proposed permanent and temporary stream and buffer impacts for a road crossing. This crossing is necessary to connect the southern portion of the development with the northern portion. The crossing is occurring perpendicular to the stream & riparian buffer and will utilize head walls and Wng walls to minimize stream and riparian buffer impacts. A riprap dissipator is proposed that will assist in reducing flow velocities and minimize stream degradation. It should also be noted that the crossing will be constructed under dry conditions using a pump around. Impacts 3 & 4 are proposed permanent open water impacts for ditch fill. The existing ditches will be filled and rerouted to the proposed grass lined swale E. Per the project engineer, these existing ditches have vertical side slopes which make it difficult to maintain. The proposed swale will be located up gradient of the proposed culvert that is located under Chip Place Road and will have 3:1 side slopes to help with stomwmter filtration. All other wetlands, Holland Branch and riparian buffers along Holland Branch have been avoided. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During the construction, sediment fencing, skimmer basins, straw/net liner within ditches and straw wattles will be used to prevent impacts. Coffer dams and pump around will be used to construct the proposed storm drainage pipe in Stream B on Mary Katherine Drive. 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: Permanent wetland impacts are less than 0.10 of an acre and permanent stream impacts are less than 0.02 of an acre. u 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? W Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) r 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 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 WA - 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. Wayne 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 Arthur's Creek project is a residential development. Additionally, the project is located within the town of Goldsboro 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. 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers; 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 for this project?* r Yes r Nor WA 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 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees 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 51. 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 October 1, 2021. S&EC has not received a response from the USFWS 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. S&EC will forward along response email from USFWS once received. 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 July 12, 2021, no historic listings or study list entries or determined eligible listings were identified 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 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 upload button a drag and drop files here to attach docurrent PCNAttachments_Charlie Braswell Road.pdf 32.71MB File crust be FCF or ME Comments Signature * 17 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 Date 10/7/2021