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HomeMy WebLinkAbout20211702 Ver 1_ePCN Application_20211119fr.,f DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* 20211702 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Reviewing Office* Fayetteville Regional Office - (910) 433-3300 Information for Initial Review 1a. Name of project: Jumping Run Landing (fka Ray Road) 1a. Who is the Primary Contact?* Sydni Law 1 b. Primary Contact Email: sydni.law@timmons.com Date Submitted 11/19/2021 Nearest Body of Water Jumping Run Creek (18-23-29) Basin Cape Fear Water Classification C Site Coordinates Latitude: 35.227933 A. Processing Information County (or Counties) where the project is located: Harnett Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Pre -Filing Meeting Information Longitude: -78.971631 Version# * 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Chad Turlington:eads\ccturlington 1c. Primary Contact Phone:* (919)532-3261 u Is this a courtesy copy notification?* Yes No ID# Version Pre -fling Meeting or Request Date 10/18/2021 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document 2021.10.18_DWR Pre -filing Form.pdf File type must be PDF 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): NWP 29 is preferred, if available 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 14 - Linear transportation 18 - Minor Discharges 33 - Temporary Construction 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: 1f. Is this an after -the -fact permit application?* Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: FIG RAY ROAD LLC 99.91 KB 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2b. Deed book and page no.: 2020/343 2c. Contact Person: Mark Lyczkowski 2d.Address Street Address P.O. Box 487 Address Line 2 City Sanford Postal / Zip Code 27330 2e. Telephone Number: (919)842-0334 2g. Email Address:" mlconsulting09@yahoo.com 4. Agent/Consultant (if applicable) 4a. Name: Sydni Law 4b. Business Name: Timmons Group 4c.Address Street Address 5410 Trinity Road Address Line 2 Suite 102 City Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)532-3261 4f. Email Address:" sydni.law@timmons.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Spring Lake 2. Project Identification Stale / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2a. Property Identification Number: 0503-87-5712.000; 0503-77-3865.000; 0503- 2b. Property size: 89-7024.000; 0503-88-4978.000 138.7 2c. Project Address Street Address 119 JDE Street Address Line 2 City State / Province / Region Spring Lake NC Postal / Zip Code Country 28390 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Jumping Run Creek (18-23-29) 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. 030300040406 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 project site consists of approximately 138.7-acres located at 119 JDE Street in Spring Lake, North Carolina within Harnett County. The project site is bound by residential development and forested areas to the north; by a church, wastewater treatment plant, forested areas, and Ray Road to the east; and by forested areas to the south and west. The site is largely comprised of approximately 10-year old dense pine forests and earthen roads. The proposed residential development will consist of single-family homes, stormwater control measures, and utility improvements (i.e. public water supply and sanitary sewer alignment). A delineation of the site was completed by Timmons Group between October 9 and 19, 2020. A confirmation site visit was conducted by Emily Greer of the USACE on February 25, 2021. At the request of the USACE, Timmons Group personnel collected additional data on June 25, 2021. An informal confirmation of the streams and wetlands identified on site was received in an email from Liz Hair on September 28, 2021. Further, due to the recent uncertainty resulting from the 2020 401 WQC rule vacatur, if necessary, it is requested that the project be permitted under NWPs 14, 18, and 33 if NWP 29 is not available for use. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 33.37 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: The purpose of the project is to construct a single-family residential development in southern Harnett County, North Carolina with community cohesion and the necessary amenities, including stormwater control measures and utility and roadway improvements. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed development is a single -phased residential development project that is located at 119 JDE Street in Spring Lake, North Carolina within Harnett County. The project site will include single-family residences and other associated amenities, including stormwater control measures and utility and roadway improvements. All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2020-02002 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Sydni Law, Morgan Gilbert, Kate Hefner, Matt Michel Agency/Consultant Company: Timmons Group Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A delineation was conducted by Timmons Group between October 9 and 19, 2020 with additional taken in select areas per the USACE's request on June 25, 2021. Email confirmation was received from Liz Hair of the USACE on September 28, 2021 confirming the features and their boundaries identified within the site. 6. Future Project Plans 6a. Is this a phased project?* Yes 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 project or related activity? No other NWP(s), regional general permit(s), or individual permits) are intended to be used. All project impacts are being accounted for in this permit application. D. Proposed Impacts Inventory u 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason M 2b. Impact type* (') 2c. Type of W. 2d. W. name* 2e. Forested �' 2f. Type of Jurisdicition "` 2g. Impact area * Retaining wall T Bottomland Hardwood Forest A Yes Both 0.046 (acres) Sanitary sewer T Headwater Forest A Yes Both 0.014 (acres) Road crossing P Seep A Yes Both 0.059 Road crossing T Seep A Yes Both (acres) 0.002 Retaining wall T Seep A Yes Both (acres) 0.013 Retaining wall T Headwater Forest A Yes Both (acres) 0.014 Retaining wall T Headwater Forest C Yes Both (acres) 0.005 Road crossing P Headwater Forest A Yes Both (acres) 0.038 (acres) Road crossing T Headwater Forest A Yes Both 0.022 Retaining wall T Bottomland Hardwood Forest A Yes Both (acres) 0.044 Retaining wall T Headwater Forest C Yes Both (acres) 0.019 (acres) 10 Sanitary sewer T Headwater Forest A Yes Both 0.016 (acres) 2g. Total Temporary Wetland Impact 0.195 2g. Total Wetland Impact 0.292 21. Comments: 2g. Total Permanent Wetland Impact 0.097 Wetland Impacts 1, 4-6, and 8-9 are associated with 0.141-acre of temporary wetland impacts necessary for retaining wall construction. Retaining walls were utilized in the design to avoid grading into wetland areas while still providing ground stability throughout the site and reducing impacts to jurisdictional features. All disturbed areas associated with these impacts will be stabilized and allowed to revegetate to their natural state following completion of work in these areas. Wetland Impact 3 will result in 0.059-acre of permanent and 0.002-acre of temporary wetland impacts associated with road fill and grading for a cul-de- sac. This road crossing is necessary to provide ingress and egress from a dead-end road. Road alignment was determined by the location of jurisdictional features onsite and the road crossing was placed in such a way to cross the wetland at its narrowest location. Wetland Impact 7 will result in 0.038-acre of permanent and 0.022-acre of temporary wetland impacts associated with road fill and grading for a road crossing. This road crossing is necessary to provide safe access between the eastern and western portion of the site. Road alignment was determined by the location of surrounding jurisdictional features onsite and the road crossing was placed in such a way to avoid impacts to wetland areas to the greatest extent practicable. Wetland Impacts 2 and 10 will result in 0.014-acre and 0.016-acre, respectively of temporary wetland impacts associated with installation of a subgrade sanitary sewer line necessary to connect the proposed development to public wastewater services. Following completion of the disturbance, the sanitary sewer easement will be maintained, resulting in permanent conversion of the impacted wetland areas from forested to herbaceous wetland. Alignment of the sanitary sewer was determined by the location of an existing easement and overall design of the proposed project. Further, the sanitary sewer was placed in such a way to cross the wetland areas at as close to a 90-degree angle as possible at their narrowest portions. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts proposed are necessary in order for the project's goals to be realized. Impacts to jurisdictional features have been minimized through the use of retaining walls to reduce the need for grading into wetland areas to provide stability for the proposed development. Further, roadways have been aligned to cross wetlands only where necessary, and at their narrowest portions. The proposed sanitary sewer has been designed to cross wetland areas at as close to a 90-degree angle as possible and at their narrowest portions. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owners representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of disturbance within jurisdictional waters. 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? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The proposed project will result in 0.097-acre of permanent wetland impacts associated with two road crossings. Further, while the project will result in 0.165-acre of temporary wetland impacts, these impacts are associated with retaining wall construction and all areas will be allowed to regrow following completion of disturbance. An additional 0.030-acre of temporary wetland impacts associated with permanent conversion of forested to herbaceous wetland are necessary for construction of a subgrade sanitary sewer pipeline. Therefore, the proposed project is below the 0.1-acre mitigation threshold and mitigation is not proposed. 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? Yes No If no, explain why: The proposed project is located within the Cape Fear River Basin and not within a river basin or area subject to the NC Riparian Buffer Protection Rules or any additional municipality - enforced riparian buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: The proposed project has 22.32 % impervious surface and the number of proposed lots is below the maximum allowable. 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? * Yes No 2. Violations (DWR Requirement) 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)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? * Yes No 3b. If you answered "no," provide a short narrative description. This is a single -phased project and this permit is to provide impacts for the overall development of the site. The project will be completed with appropriate land use control measures in place for specific areas which require them. All impacts associated with the proposed project are accounted for herein. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No 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?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A USFWS IPaC Report listed six federally protected species as potentially occurring within the project area or a 1-mile radius, including the red - cockaded woodpecker, American alligator, Cape Fear shiner, monarch butterfly, Saint Francis' satyr butterfly, and rough -leaved loosestrife. Critical habitat is not reported as occurring with the project area or a 1-mile radius of the project boundaries. The red -cockaded woodpecker requires mature pine forests that are at least 60 years old. The majority of the site has been clearcut within the past 10 years. Any remaining mature forests along the fringes of the project area are mixed hardwood -pine forest mainly associated with bottomland hardwood forests and riverine swamps. Further, no occurrences of the species were noted during onsite investigations in October 2020 and June 2021. Therefore, the proposed project should have no effect on the red -cockaded woodpecker. The American alligator requires slow -moving freshwater rivers, swamps, marshes, or lakes for habitat. While the riverine swamp and bottomland hardwood forest along the western site boundary present suitable habitat for the species, no occurrences of the American alligator were noted during onsite investigations in October 2020 and June 2021. Further, development into the wetland complex along the wetland site boundary is not proposed. Therefore, the proposed project should have no effect on the American alligator. The Cape Fear shiner prefers streams with rocky substrates and slow -flowing water in pools, riffles, and runs. While Jumping Run Creek is mapped along the western site boundary, a defined stream channel could not be identified during field investigations. No other potential stream habitats, or areas with clear, slow -flowing water and rocky substrate were observed within the site. Therefore, the proposed project should have no effect on the Cape Fear shiner. The monarch butterfly requires flowering plants for foraging habitat and milkweed for breeding habitat. Due to the dense canopy and understory layers within the site resulting from clearcutting activities, suitable habitat for the monarch butterfly was not observed within the site. Further, occurrences of the butterfly and milkweed species were not observed during onsite investigations in October 2020 and June 2021. Therefore, the proposed project should have no effect on the monarch butterfly. Saint Francis' satyr butterfly requires open, grassy wetlands maintained by anthropogenic, natural, or beaver disturbance. The wetland complex along the western site boundary could provide potentially suitable habitat for the species due to its openness and areas covered in herbaceous vegetation. Further, the largest subpopulations of the species are known to occur on Fort Bragg, which adjoins the western site boundary. However, this wetland area is not proposed to be disturbed during development of the proposed project. Therefore, the proposed project should have no effect on Saint Francis' satyr butterfly. Rough -leaved loosestrife requires the ecotones between longleaf pine uplands and pond pine pocosins for suitable habitat, neither of which are found within the site. Further, no occurrences of the species were noted during onsite investigations in October 2020 and June 2021. Therefore, the proposed project will have no effect on the rough -leaved loosestrife. A search of the North Carolina Natural Heritage Program's (NCNHP) online database revealed no documented occurrences of the aforementioned species within the project area. Occurrences of the American alligator (2017), red -cockaded woodpecker (2020), and rough -leaved loosestrife are listed within a 1-mile radius of the project boundaries. However, due to conditions within the site and the proposed design, the project should have little to no effect on these species. Further, the NCNHP lists the Fort Bragg (Overhills Section) natural area as occurring within the site along the western boundary. However, the proposed project will avoid this area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A search of the North Carolina Natural Heritage Preservation Office's online database (HPOWEB) revealed one historic resource as occurring within a 1- mile radius of the proposed project limits. No historical places were listed within the site's boundaries. The historic resource, known as the Long Valley Farm (Site ID CD0200), is listed on the National Register of Historic Places and adjoins the southeastern site boundary. The resource consists of historic agricultural land, now out of production, and a corresponding 1930s farmhouse located approximately 0.83-mile to the south of the project area, just over the Cumberland/Harnett County line. The proposed project is a single and complete, low -density residential project that will not result in further development. The project is consistent with land use in the surrounding area and all construction activities will be limited to the project boundary. Further, proposed disturbance along the boundary the project area shares with the NRHP site is minimal, with most of the natural area left intact, reducing visibility of the proposed development from the farmhouse located on the NRHP site. Therefore, the proposed project should have no effect on the adjoining Long Valley Farm NRHP site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: According to FEMA's National Flood Hazard Layer and FIRM panel 3720050300K (effective 01/05/2006), the western site boundary occurs in Zone AE — 1 % Annual Chance Flood Hazard, associated with Jumping Run Creek, with base flood elevations of approximately 167- to 170-feet above mean sea level. Encroachments to the floodplain associated with the project are not proposed. 8c. What source(s) did you use to make the floodplain determination?* FEMA FIRM panel 3720050300K (effective 01/05/2007). 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. Click the upload button or drag and drop files here to attach document Jumping Run Landing - ePCN Deliverables.pdf File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: 15.2MB • 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: SydniL.Law Signature ¢��1'le Date 11/19/2021