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HomeMy WebLinkAbout20220190 Ver 1_ePCN Application_20220130fr.,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,f needed. BIMS # Assigned* 20220190 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Colleen Cohn:eads\cmcohn Information for Initial Review 1a. Name of project: COURTESY COPY 6032 Waters Edge Drive la. Who is the Primary Contact?* John R. Davis, Jr. 1 b. Primary Contact Email: soilhorizons@gmail.com Date Submitted 1 /30/2022 Nearest Body of Water Tar River Reservoir Basin Tar -Pamlico Water Classification WS-IV NSW Site Coordinates Latitude: 35.885128 A. Processing Information County (or Counties) where the project is located: Nash Is this a NCDMS Project Yes No Longitude: -77.892770 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) Version# * 1 Reviewing Office* Raleigh Regional Office - (919) 791-4200 1c. Primary Contact Phone:* (919)818-5087 u 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (N W P) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Regional General Permit (RGP) Number: Regional General Permit (RGP) Number: RGP Numbers (for multiple RGPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 197800056 - Piers, Docks, Boathouses 197800080 - Bulkheads and Riprap 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: Donald Mills 2b. Deed book and page no.: Book 24 Page 166 2c. Contact Person: 2d.Address Street Address 211 Market Street Address Line 2 City Suffolk Postal / Zip Code 23434 2e. Telephone Number: (757)539-0956 2g. Email Address:* donnie@millsmarineshiprepair.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region VA Country USA 2f. Fax Number: Yes No Yes No 3. Applicant Information (if different from owner) 3a. Name: 3b. Business Name: 3c.Address Street Address Address Line 2 City Postal / Zip Code 3d. Telephone Number: 3f. Email Address: * soilhorizons@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: John R. Davis, Jr. 4b. Business Name: Soil Horizons LLC 4c.Address Street Address 285 Dreamcatcher Trail Address Line 2 City Youngsville Postal / Zip Code 27596 4d. Telephone Number: (919)818-5087 4f. Email Address:* soilhorizons@gmail.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) Lake Haven 1c. Nearest municipality / town: Rocky Mount, NC 2. Project Identification 2a. Property Identification Number: 048096 2c. Project Address Street Address 6032 Waters Edge Drive Address Line 2 City Rocky Mount Postal / Zip Code 27803 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Tar River Reservoir State / Province / Region Country 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 1.05 State / Province / Region NC Country USA 3b. Water Resources Classification of nearest receiving water:* WS-IV NSW 3c. What river basin(s) is your project located in?* Tar -Pamlico 3d. Please provide the 12-digit HUC in which the project is located. 030201010606 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: This property is an existing residential subdivision lot that is mostly mowed grass except for a few scrubby trees along the water line. This is a corner lot at the western intersection Waters Edge Drive and Bend of the River Road in Nash County. 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: 0 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: This property is a residential subdivision lot with a proposed single family house. To access the water, a proposed retaining wall, pier and boat house is proposed at the water high water line of the reservoir. Most of the Tar -Pam riparian buffer is existing ongoing yard with established grass. The water side edge of Zone 1 of the buffer is steep and too difficult to mow and maintain and has grown up in bushes, saplings and a few scrubby trees. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * This project proposes to install a retaining wall along the landward side of the western property line which is 60.8 feet long. The proposed wall is above the high water line and will be backfilled up to the approximate elevation of the existing back yard area. No wetlands or waters of the US will be filled on the landward side of the retaining wall. A pier and boat house will be constructed in the reservoir on the water side of the wall during times when the water level in the reservoir is low. This will be done by driving pilings into the lake bed from a barge to support the structures. No excavation or filling will be conducted in WOUS with this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Unknown Comments: Only uplands adjacent to reservoir 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Project is covered under USACE Regional General Permits 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 permits or impacts are anticipated with this project. 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 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Allowable with Mitigation P Tar River Yes 580 0 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 580.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 580.00 0.00 61. Comments: The other areas of the buffer are existing and ongoing turf established areas with sheet flow. See Figure 1. 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: Zone 1 impacts will involve improvement in the slope and reduce erosion potential into reservoir. Grass and smooth slope will encourage sheet flow to bulkhead. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction will be conducted during low water levels. Backfill materials will be stabilized with grass and protected from offsite transport by silt fencing. 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached Yes No 4b. Stream mitigation requested: (linear feet) 0 4d. Buffer mitigation requested (DWR only): (square feet) 580 4f. Non -riparian wetland mitigation requested 0 4h. Comments Existing vegetation will interfere with bulkhead construction on landowners property. 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0 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. Yes No 6b. If yes, then identify the square feet of impact. 6c. Reason for impact 6d. Total impact (square Multiplier 6e. Required mitigation feet) (square feet) Zone 1 Bulkhead construction 580 2 f,160 Zone 2 0 0 0 6f. Total buffer mitigation required 1160 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6j. Comments: 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 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 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? Yes No N/A - project disturbs < 1 acre Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federallstatellocal) 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. 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 be by on -site septic system installed outside of riparian buffers. 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 What Federal Agency is involved? USACE Se. 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 Unknown 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? 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? This item is covered by the Regional General Permit 197800056 and 197800080 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?* This item is covered by the Regional General Permit 197800056 and 197800080 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: A flood study will be conducted by Appian Consulting Engineers, PA 8c. What source(s) did you use to make the floodplain determination?* Survey indicates floodplains. See Figure 1. 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 dreg and drop files here to attach document 6032 Waters Edge Drive DMS Acceptance.pdf 235.98KB 6032 Waters Edge PCN Docs.pdf 9.03MB File must be PDF or KMZ Comments Signature U 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 belielf; 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: John R. Davis, Jr. Signature Date 1 /30/2022