HomeMy WebLinkAbout20220188 Ver 1_ePCN Application_20220128fr.,f DW R
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Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
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*
Version#*
20220188
1
Is a payment required for this project?
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - (919) 791-4200
Colleen Cohn:eads\cmcohn
Information for Initial Review
1a. Name of project:
Brant Station Subdivision
1a. Who is the Primary Contact?*
Troy Beasley
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
tbeasley@withersravenel.com (910)509-6512
Date Submitted
1 /28/2022
Nearest Body of Water
Middle Creek (Stream Index: 2743-15-(4)
Basin
Neuse
Water Classification
QNSW
Site Coordinates
Latitude:
Longitude:
35.572623
-78.578830
A. Processing Information
County (or Counties) where the project is located:
Johnston
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
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:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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:
William Cozart
2b. Deed book and page no.:
4709;957
2c. Contact Person:
2d.Address
Street Address
3724 National Drive
Address Line 2
Suite 130
City
Raleigh
Postal / Zip Code
27612
2e. Telephone Number:
(919)829-2211
2g. Email Address:*
rvick@windjamdevelopment.com
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
2f. Fax Number:
Yes No
Yes No
U
3. Applicant Information (if different from owner)
3a. Name:
Rex Vick, Jr
3b. Business Name:
RBV 40 LLC
3c.Address
Street Address
2046 Energy Drive
Address Line 2
City
Apex
Postal / Zip Code
27502
3d. Telephone Number:
(919)829-2211
3f. Email Address:*
rvick@windjamdevelopment.com
4. Agent/Consultant (if applicable)
4a. Name:
Troy Beasley
4b. Business Name:
WithersRavenel
4c.Address
Street Address
219 Station Road
Address Line 2
Suite 101
City
Wilmington
Postal / Zip Code
28411
4d. Telephone Number:
(910)509-6512
4f. Email Address:*
tbeasley@withersravenel.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Garner
2. Project Identification
2a. Property Identification Number:
162600-41-9928
2c. Project Address
Street Address
Cornwallis Rd; in SW quadrant of intersection of Cornwallis Rd and 1-40
Address Line 2
City
Garner
Postal / Zip Code
27529
3. Surface Waters
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
170 acres
Stale / Province / Region
NC
Country
USA
3a. Name of the nearest body of water to proposed project:'
Middle Creek (Stream Index: 27-43-15-(4)
3b. Water Resources Classification of nearest receiving water:*
C;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.
030202010903
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 currently consists of undeveloped woodlands and contains a uplands, wetlands, streams and a small pond. The southern portion of the site is located within the large floodplain
associated with Middle Creek. There is no proposed development or disturbance within the 100-year floodplain.
The general land use in the vicinity of the project consists of a mixture of forest lands, residential and commercial land uses
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:
3.9 ac
4g. List the total estimated linear feet of all existing streams on the property:
3,216 If
4h. Explain the purpose of the proposed project: *
The purpose of the proposed is to construct a single family residential subdivision to meet the existing and growing demand for residential housing in Johnston County.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project consists of construction of 66 single family residential lots, internal roads, and infrastructure (stormwater management, sewer, water, etc.). The proposed stream impacts are
necessary for a road crossing of Stream 3 in order to access developable uplands in the southern portion of the project.
Wastewater treatment will be provided by on -lot septic systems as there is no sanitary sewer services within the vicinity of the project. Since these will be septic lots, the smallest lot size is
0.7 acres, with the largest lots being over 3.0 acres. As depicted on the attached Subdivision Plans, all lots containing wetlands have sufficient area to construct the houses and septic
systems without requiring wetland impacts. Additionally, there is no proposed development/disturbance within the 100-year floodplain for those lots extending into the 100-year floodplain.
Traditional commercial construction equipment and techniques will be used to construct the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
WithersRavenel completed a wetland delineation within the pro 1/6/2022 which has been provided as
an attachment
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-2021-02425
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alyssa Ricci
Agency/Consultant Company: WithersRavenel
Other:
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
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type"
[3f. Type of
3gSwidth*
3h.I(?)
urisdiction*
length*
S7
Temp Const/Coffer Dam
Temporary
Dewatering
Stream 3
Intermittent
Both
3
14
Average (feet)
(linear feet)
S2
Riprap Dissipator
Permanent
Rip Rap Fill
Stream 3
Intermittent
Both
21
Average (feet)
(linear feet)
S3
Road Crossing
Permanent
Culvert
Stream 3
Intermittent
Both
82
Average (feet)
(linear feet)
S4
Temp Const/Coffer Dam
Temporary
Dewatering
Stream 3
Intermittent
Both
23
Average (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
103 37
31. Total stream and ditch impacts:
140
3j. Comments:
See cover letter for more info on stream impacts
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:
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be
minimized.
Impacts have been minimized to only those necessary for a road crossing to access developable uplands in the western portion of the project.
The R004 road crossing has been designed to cross Stream 3 at a perpendicular angle at straight segment of stream channel. Additionally, wing walls
will be used to stabilize road fill rather than traditional backslopes.
The riprap dissipator below the access road culvert will be constructed such that the riprap will be installed by burying the riprap such that the top of the
riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of this
section of stream channel.
Upon completion of construction, the temporarily impacted stream channel will be restored to pre -construction conditions and grades, and temporarily
stabilized with biodegradable matting and seeded with rye grass to provide temporary stabilization until natural regeneration of native vegetation
permanently stabilizes the stream banks. No matting will be placed on the stream bed.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction activities and
construction access occurring in high ground.
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 0.007 acres (103 If) of permanent stream impacts (both functional loss and no functional loss, which is below the 0.02 acre threshold for requiring stream
mitigation. Therefore, the applicant is not proposing compensatory mitigation.
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?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
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?
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 will result in less than 12 % impervious area and therefore is low density. Per Johnston County stormwater requirements, stormwater management will consist of
vegetated swales. The stormwater management plan will be reviewed and approved by the Johnston County as the certified municipality.
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.
The proposed project does not have any proposed or anticipated future phases. Additionally, the proposed project is located within a rapidly growing
area of Wake County and will not expand public infrastructure (sewer, water, etc) and is not anticipated to be a specific catalyst for future development
that could impact nearby downstream water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No 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.
Sewage disposal will consist of on -lot septic systems.
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?
WR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/ to identify if there were any known occurrences of
endangered species on or near the proposed project. The review of the NHP data identified occurrences of federally listed threatened or endangered
species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter. The federally listed species
identified by the NCNHP project review letter consisted of Neuse River waterdog, dwarf wedgemussel and Atlantic pigtoe. Further investigation of the
occurrences determined that the known occurrences occur within Middle Creek, which runs along the southern boundary of the proposed project.
WR reviewed the USFWS IPAC data, located at: https://ecos.fws.gov/ipac/, to identify the federally listed species and critical habitat known to occur
within the vicinity of the project. The IPaC identified that RCW, Neuse River waterdog, Carolina madtom, Atlantic pigtoe, dwarf wedgemussel, yellow
lance and monarch butterfly have ranges that extend into the project area. The IPaC specified that there are no critical habitats within the project area.
Additionally, the IPaC identified critical habitat for Atlantic pigtoe and Neuse River waterdog within Middle Creek. The IPaC species list has been
provided as an attachment to this application.
Site reviews did not identify any potential habitat for red -cockaded woodpecker (RCW). The onsite pine forest has been actively managed for silviculture
production. Based on historic aerials, the pine forest has been logged twice since the early 1990's, making the pine forest too young to be considered
potential RCW habitat.
The project site is within the known range of the Carolina madtom, Neuse River waterdog, Atlantic pigtoe, dwarf wedgemussel and yellow lance and
occurrences of these species have been identified within Middle Creek along the southern boundary of the project. Targeted surveys for these species
was not conducted because there is no proposed development near Middle Creek. The only proposed stream impacts will be to Stream 3, which is an
intermittent stream that is not potential habitat to these federally listed aquatic species. There is no proposed impacts or disturbance to Middle Creek.
Furthermore, the floodplain associated with Middle Creek is very large, and there is not proposed development or activities within the floodplain, and the
floodplain will continue to provide protection for Middle Creek. Therefore, the proposed project will not result in adverse impacts to federally listed
species or their designated critical habitat.
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? *
WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.htmi. There are no
waters classified as EFH in Johnston County.
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?*
WithersRavenel submitted a request to SHPO in April 2021 requesting review of the project and comments. In a letter dated 5/26/2021, SHPO stated
that the project as currently designed is unlikely to affect any archeological sites eligible for listed on the NRHP. The site design has not changed since
the original submittal.
8. Flood Zone Designation (Corps Requirement)
Be. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
www.ncfloodmaps.com
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
PCN Cover Letter & Attachments.pdf
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
15.62MB
• 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:
Troy Beasley
Signature
Date
1 /28/2022