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HomeMy WebLinkAbout20140084 Ver 1_401 Application_20140114op WN A qG Office Use Only: : Corps action ID no. o < DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification PCN Form A. Applicant Information — 1. Processing 1 a. Type(s) of approval sought from the Corps: FzSection 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only ❑ Yes for Corps Permit: ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ® No 1h. Is the project located within a NC DCM A. ea of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Lot # 105 Irish Creek Subd. 2b. County: Pitt 2c. Nearest municipality / town: Winterville 2d. Subdivision name: Irish Creek Subd. 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Aldridge & Sutherland Builders INC. 3b. Deed Book and Page No. DB 3165 Fig 136 3c. Responsible Party (for LLC if applicable): PO Box 123 lia in 3d. Street address: 3e. City, state, zip: Greenville, NC 27835 UU 3f. Telephone no.: 2527563500 3g. Fax no.: 3h. Email address: '1!�uW , 'l > 1Ty nch Page I of 10 PCN Form — version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other, specify consultant 4b Name 4c Business name (if applicable) 4d Street address 4e City, state, zip 4f Telephone no 4g Fax no 4h Email address 5. Agent/Consultant Information (if applicable) 5a Name Jay B Johnson 5b Business name (if applicable) Bluewater Environmental Services 5c Street address 1473 Boyd Galloway Rd 5d City, state, zip Gnmesland, NC 27837 5e Telephone no 252 - 341 -9802 5f Fax no 5g Email address jbird49@hotmad com Page 2 of 10 PCN Form — Version 1 3 December 10, 2008 Version S. Project Information and Prior Project History 1 Property Identification 1 a Property identification no (tax PIN or parcel ID) 71647 1 b Site coordinates (in decimal degrees) Latitude 35 54529 Longitude - 77 37471 (DD DDDDDD) ( -DD DDDDDD) 1 c Property size 1 acres 2. Surface Waters 2a Name of nearest body of water (stream, river, etc ) to Fork Swamp proposed project 2b Water Quality Classification of nearest receiving water C,Sw, NSW 2c River basin Tar Pam 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application residential subdivision 3b List the total estimated acreage of all existing wetlands on the property 30449 sq ft or 7 acres 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property none 3d Explain the purpose of the proposed project To create a buildable lot and to eliminate ponding of water at the woodsline from the existing stormwater drainage easment and to provide a more functional way to sheet stormwater into wetlands for treatment 3e Describe the overall project in detail, including the type of equipment to be used excavator, dump truck 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes F-1 No F1 Unknown project (including all prior phases) in the past? Comments Onsite field determination 6/13/2013 4b If the Corps made the jurisdictional determination, what type Preliminary ® Final of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company Bluewater Environmental Seances Name (if known) Jay Johnson Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 6/13/2013 5 Project History 5a Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain Page 3 of 10 PCN Form — Version 1 3 December 10, 2008 Version C Proposed Impacts Inventory 1 Impacts Summary 1 a Which sections were completed below for your project (check all that apply) ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ® P ❑ T excavation /fill ® Yes ❑ No ® Corps ® DWQ 095 ❑ Yes ❑ Corps W2 ❑ P ❑ T ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ 2g. 'Total wetland impacts 095 2h Comments 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ 3h Total stream and tributary impacts 31 Comments Page 4 of 10 PCN Form — Version 1 3 December 10, 2008 Version 4 Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then individually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4ff. Total open water impacts 4g Comments i 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded number of pond P1 P2 5ff. Total 5g Comments 5h Is a dam high hazard permit regwred9 ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a ❑ Neuse ®Tar- Pamlico ❑Other None Project is in which protected basing ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired9 ❑Yes B1 ❑P ❑T ❑ No ❑ Yes B2 ❑ P ❑ T ❑ No ❑Yes B3 ❑P ❑T ❑ No 611 Total buffer impacts 61 Comments Page 5 of 10 PCN Form — Version 1 3 December 10, 2008 Version D Impact Justification and Mitigation 1 Avoidance and Minimization 1 a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Wetland Impacts have been minimized with impacts occurring only where necessary to accommodate a buildable lot and to eliminate ponding of water at the woodsline from the existing stormwater drainage easment and to provide a more functional way to deliver sheet stormwater into wetlands for treatment 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques excavator will avoid additional wetland impacts by keeping inside the permitted area boundary only 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 State9 ❑ Yes ® No 2b If yes mitigation is required by (check all that apph) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5. Complete if Using a Pemmittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form — Version 1 3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required 6c 6d 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: None 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) N/A 6h Comments Page 7 of 10 PCN Form — Version 1 3 December 10, 2008 Version E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes No Comments No impacts to stream or buffers 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 0% 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan, explain why No impervious sufaces existing or proposed 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? N/A ❑ Phase 11 ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other N/A 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply) ❑ Session Law 2006 -246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1 3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval Yes No letter) Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑ Yes ® No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility N/A Page 9 of 10 PCN Form — Version 1 3 December 10, 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c If yes, Indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would Impact Endangered Species or Designated Critical Habitat? On -Site Habitat Investigation of T &E species by Jay Johnson, No Effect determination due to no habitat present 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? No stream on Lot 5 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 ❑ Yes ® No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? Existing subdivision was cleared prior to development 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 Existing flood water levels will not be increased from this project 8c What source(s) did you use to make the floodplain determination? FEMA FIRM Maps Jay B Johnson Ja 20 � 13, Applicant/Agent's Printed Name Date l ant/ gent's Signature Pp (Agent's signature i l only an authorization letter from the applicant s provided Page 10 of 10 PCN Form — Version 1 3 December 10, 2008 Version ACME Mapper 2 0 - 3 3 km NE of Winterville NC Page 1 of 1 kcGls- http / /mapper acme com/ 5/2/2013 SHEET NUMBER 49 49 N f 0 0 0 a ui 0 0 .r d m v N 0 0 0 0 0 0 N O O O M �! O O a 0 O 0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id SAW 2013 -02033 County Pitt U S G S Quad Greenville SE �L (UP NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Aldridge and Sutherland, LLC Agent: Blue Water Environmental Services attn: Jeffrey Aldridge — attn: Jay Johnson Address. 226 Commerce St. Address 1473 Boyd Galloway Rd. Greenville, NC 27858 Grimesland, NC 27837 252 - 756 -3500 252- 341 -9802 Property description Two lots in a residential subdivision. Surrounding lots are developed. Size (acres) 1.98 Nearest Town Winterville Nearest Waterway Fork Swamp River Basin Neuse USGS HUC 03020202 Coordinates 35.545142 N - 77.374574 W Location description Lots 104 and 105 are located on La an Circle in Irish Creek Subdivision, Winterville, Pitt County North Carolina There are 1.44 acres of Section 404 wetlands on these lots. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction To be considered final, a _jurisdictional determination must be verified by the Corps This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331) If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction Also, you may provide new information for further consideration by the Corps to reevaluate the JD B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change m the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification _ We strongly suggest you have the wetlands on your property delineated Due to the size of your property and/or our present workload, the Corps may not be able to accomphsh this wetland delineation in a timely manner For a more timely delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps _ The waters of the U S including wetlands on your project area have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA.jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years X The waters of the U S including wetlandshave been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on — Unless there is a change in the law or our published regulations, this determination may be relied upon for a penod not to exceed five years from the date of this notification _ There are no waters of the U S , to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification Page 1 of 2 The property is,lt5Ned in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMAfi' Yo(1�shoUld contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to det rmine their r q' ements "'Pr cement',4f dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may coAstitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Wescott at910- 251 -4629. C. Basis For Determination The area exhibits the three parameters specified in the Regional Supplement to the 1987 USACE Wetland Delineation Manual and is adjacent to Fork Swamp. D. Remarks E. Attention USDA Program Participants This delmeation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985 If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address US Army Corps of Engineers South Atlantic Division Attn Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303 -8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 3315, and that it has been received by the Division Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by 12/14/2013 * *It is not necessary to submit PFA form to the Division Office if you do not object to the determination in this correspondence ** Corps Regulatory Official Date 10/15/2013 Expiration Date. 10/15/2018 The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http / /per2 nwp usace army mil/survey html to complete the survey online Copy furnished