Loading...
HomeMy WebLinkAbout20211479 Ver 1_ePCN Application_20211008DWR 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 20211479 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Fayetteville Regional Office - (910) 433-3300 Information for Initial Review la. Name of project: Bedford Section 5 la. Who is the Primary Contact?* Bob Zarzecki 1b. Primary Contact Email:* bzarzecki@sandec.com Date Submitted 10/8/2021 Nearest Body of Water Puppy Creek (Stream Index No. 18-31-19) Basin Cape Fear Water Classification C Site Coordinates Latitude: Longitude: 35.040552-79.315712 A. Processing Information County (or Counties) where the project is located: Hoke 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* Chad Turlington:eads\ccturlington 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 9/1 /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: 49.79KB 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? 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: Pelican Property Holdings, LLC & Great Oaks Property Holdings, LLC 2b. Deed book and page no.: DB: 982 DP: 496 2c.Contact Person: Palmer Williams r Yes r No r Yes r No 2d.Address Street Address 2709 Thorngrove Court Address tine 2 (Sty Slate / Province / I3gion Fayetteville INC Postal / Zip Code Country 28303 USA 2e. Telephone Number: 2f. Fax Number: (910)302-3608 2g. Email Address:* DRHuff@ HuffFa mi I yOffice. com 3. Applicant Information (if different from owner) 3a. Name: D. Ralph Huff III 3b. Business Name: H&M Bedford, LLC 3c.Address Street Address 2919 Breezevvood Ave, Suite 100 Address tine 2 Cty State / Province / Ifgion Fayetteville NC Postal / Zip Ode Country 28303 USA 3d. Telephone Number: 3e. Fax Number: (910)302-3608 3f. Email Address:* DRHuff@HuffFamilyOffice.com 4. Agent/Consultant (if applicable) 4a. Name: Bob Zarzecki 4b. Business Name: Soil & Environmental Consultants, PA 4c.Address Street Address 8412 Falls of Neuse Road, Suite 104 Address tine 2 City State / Rovince / Region Raleigh INC Postal / Zip Code Country 27615 USA 4d. Telephone Number: 4e. Fax Number: (919)846-5900 (919)846-9467 4f. Email Address:* bzarzecki@sandec.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Bedford 1c. Nearest municipality/ town Raeford 2. Project Identification 2a. Property Identification Number: Portion of 494660101005 2b. Property size: +/- 85 acres portion of +1- 121 acres 2c. Project Address Street Address End of McDougald Drive Address tine 2 CKY Raeford Postal / Zip Code 28376 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Puppy Creek (Stream Index No. 18-31-19) 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040605 4. Project Description and History State / province / Region NC Country USA 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:* Existing conditions onsite consists of cleared and cut land with some forested vegetation to the west near Puppy Creek. Specifically, there are four (4) wetland features (W1-W4) and one (1) perennial stream feature (SA) located on the property. General land use in the vicinity of the project consists of single-family residential neighborhoods with maintained yards and some forested land. Puppy Creek 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). 404 Approval (SAW-2014-00740) NWP 29 issued on August 20, 2014. 4f. List the total estimated acreage of all existing wetlands on the property: Approximately 21 ac 4g. List the total estimated linear feet of all existing streams on the property: Approximately .027 ac 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 for a utility crossing and two (2) road crossings that impact wetlands and/or streams. 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 r No 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 WA Corps AID Number: SAW-2014-00714 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Christine Wicker/Steven Ball Agency/Consultant Company: USACE/S&EC, PA Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR SAW-2014-00714 issued on June 26, 2014. ***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 r No 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 projector 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 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 2a1 Reason (?) 2b. Impact type*M 2c. Type of W.* 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area Im act 1 P unlit Crossing Y 9 T Bottomland Hardwood Forest Wetland 1 �No Both ]0.013 (acres) Im act 2 P Road Crossing 9 P Bottomland Hardwood Forest Wetland 1 Both (Grading) �No ]0.001 (acres) Im act 3 P Road Crossing P ff—land Hardwood ForestWetla9nd 1 Yes Both 0.178 (acres) 2g. Total Temporary Wetland Impact 0.013 2g. Total Wetland Impact 0.192 21. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.179 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * Type of 3gSwidth * 3h. Impact(?) ❑ �[3f. urisdiction* length* S1 Impact 3 - Road Crossin P 9 Permanent Culvert Stream A Perennial Both 8 64 (Culvert) Average (feet) (lirrfeet) S4 Impact 3 - Road Crossing Permanent Other Stream A nial Both 8 58 (RipRap Dissipater) - r:1 Average (feet) (lines feet) Permanent -No Permanent Loss 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 122 3i. Total stream and ditch impacts: 122 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 0 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 maximum extent practicable. Impact area 1 is proposed temporary wetland impacts for a utility crossing. The utility line will cross the stream and wetland at a perpendicular angle as well as using jack and bore method to minimize impacts to the maximum extent practicable. This crossing is needed to connect to an existing manhole that is located southeast of the stream. Impact area 2 is proposed permanent wetland impact for a road crossing. The road itself has been placed to where it Will avoid impacting the wetland. Grading for the road will only be impacting .001 ac of wetland. Compensatory mitigation at a 2:1 ratio is proposed to offset permanent wetland losses. Impact area 3 is proposed permanent stream and wetland impacts for a road crossing. This crossing is necessary to connect the proposed development to the exsting phases to the south. Winged headwalls will be used to minimize wetland and stream impacts as well as riprap dissipator at the culvert outlets. A temporary cofferdam will be used during construction to divert stream flows and minimize the release of sediments during construction activities. 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: Cofferdam will be utilized to allowwork with the road crossing and normal erosion control measures such as; silt fencing, reinforced silt fence outlets, sediments basins, etc. Will be utilized as well. 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): V DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank 9 Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 0 4d. Buffer mitigation requested (DWR only): (square feet) 0 4f. Non -riparian wetland mitigation requested: (acres) 0 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.36 4g. Coastal (tidal) wetland mitigation requested: (acres) 0 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 i 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 INC Riparian Buffer Protection Rules? r Yes IT No If no, explain why: This project is located within the Cape Fear River Basin where there are no riparian buffer protection rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes IT 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 No r N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: i— Local Government 9 State State Stormwater Programs PF Phase II r" Coastal Counties r HWQ or ORW r' Other Comments: 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 f• 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 Bedford Subdivision project is a residential development. Additionally, the project is located within the town of Raeford ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) 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 for this project?* r Yes r Nor N/A 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. Wastewater generated from the project will discharge to the emsting PWC sanitary sewer system. PWC will ensure adequate capacity for the project. 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 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 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 September 1, 2021. S&EC received response from USFWS on September 14, 2021 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 and correspondence from USFWS. 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 September 14, 2021, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: There are no proposed impacts within the 100 year flood plain. 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 or drag and drop files here to attach docurrertt Bedford Sec 5_PCN Attachments.pdf File crust be FCF or ME Comments 19.33MB 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 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: S&EC, PA - Bob Zarzecki Signature Date 10/8/2021