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HomeMy WebLinkAbout20220188 Ver 1_ePCN Application_20220128fr.,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) 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