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HomeMy WebLinkAbout20220206 Ver 1_ePCN Application_20220131fr.,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* 20220206 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Wellesley Ph 5 la. Who is the Primary Contact?* Wyatt Brown 1 b. Primary Contact Email: brownenvgrp@gmaii.com Date Submitted 1 /31 /2022 Nearest Body of Water UT to Middle Creek Basin Neuse Water Classification C, NSW Site Coordinates Latitude: Longitude: 35.56543-78.52296 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) Version# * 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Colleen Cohn:eads\cmcohn 1c. Primary Contact Phone:* (919)524-5956 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: WELLS BROTHERS LLC 2b. Deed book and page no.: 05139,0970 2c. Contact Person: David Wells 2d.Address Street Address 223 GEORGE WILTON DR Address Line 2 City CLAYTON, Postal / Zip Code 27520-7081 2e. Telephone Number: (919)763-2566 2g. Email Address: davidrwelisii@gmaii.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country us 2f. Fax Number: Yes No Yes No U 4. Agent/Consultant (if applicable) 4a. Name: Wyatt Brown 4b. Business Name: Brown's Environmental Group, Inc 4c.Address Street Address 242 Batten Farm Road Address Line 2 City Selma Postal / Zip Code 27576 4d. Telephone Number: (919)524-5956 4f. Email Address:" brownenvgrp@gmail.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) same 1c. Nearest municipality / town: Clayton 2. Project Identification State / Province / Region NC Country US 4e. Fax Number 2a. Property Identification Number: 2b. Property size: 164600-10-6688 27.6 2c. Project Address Street Address Address Line 2 City State / Province / Region Postal / Zip Code Country I Surface Waters 3a. Name of the nearest body of water to proposed project: UT to Middle Creek 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 site is mostly a farm field with a pond on the southern property line. The field has recently been in cultivation. The main part of the project area borders alon Cleveland Road and lies just north of the existing Wellesley S/D. An existing conditions survey map is attached to the package. The general land use is farming with areas changing to subdivisions and strip malls. 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: -0.547 acres 4g. List the total estimated linear feet of all existing streams on the property: -875.0 feet u 4h. Explain the purpose of the proposed project: * Then purpose of this project is to provide single family housing in a S/D for this fast growing area of Johnston County. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The developer will provide paved streets, utilities and building lot for new single family homes. The septic will be provided on each individual lot and be owned by the homeowner. Bulldozers and motor graders will be used to cut the roads. The paving and utilities will be installed by special contractors skilled in those areas. The crossing will be installed using a track hoe. A pump around will be used while the crossing is installed. When the stream crossing is installed stream, wetland and Neuse buffer will be impacted. The other 2 impacts will be to Neuse Buffer and open water of the jurisdictional pond. I'm not aware of any indirect impacts. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: Not submitted earlier, submitted with this PCN 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): Dan Bliley Agency/Consultant Company: Dan Bliley Soils Consulant Other: 6. Future Project Plans 6a. Is this a phased project?* Unknown Yes No 6b. If yes, explain. There have been 4 earlier phases, some of these phases were just a few lots. To best of my knowledge no impacts were in the earlier phases. 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 2. Wetland Impacts Impact 1 2a1 Reason (?) culvert 2b. Impact type*(?) P 2c. Type of W. Small -Basin Wetland 2d. W. name* Wetland 4 2e. Forested* No 2f. Type of Jurisdicition* Both 2g• Impact area * 0.004 acres) Impact 1 culvert T Small -Basin Wetland —A Wetland 4 No Both ] 0.001 (acres) 2g. Total Temporary Wetland Impact 0.001 2g. Total Wetland Impact 0.005 21. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.004 11 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* f�n.me* �30. Stream Type* 3f. Type of 3g. S. width* 3h. Impact ?) Jurisdiction* length* S1 road crossing Permanent Culvert Feature 1 Intermittent Both 11 Average (feet) 39 (linear feet) S2 road crossingTem ora P rY Culvert Feature 1 Intermittent Both 9 Average (feet) 7 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 39 31. Total stream and ditch impacts: 46 3j. Comments: The Permanent Impact is 0.0098 acres (429 sq ft) The Temporary Impact is 0.0015 acres (63 sq ft) 4. Open Water Impacts 3i. Total temporary stream impacts: 7 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area Impact 1 rip rap pad P Stabilization Pond 0.00 Impact 1 rip rap pad T Stabilization Pond 0.00 Impact 2 rip rap pad P Stabilization Pond 0.00 Impact 2 rip rap pad T Stabilization Pond 0.00 Structure rip rap pad P Stabilization Pond 0.00 Structure rip rap pad T Stabilization Pond 0.00 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.00 4h. Comments: Impact 1- The actual impact is .0034 acres permanent and 0.005 acres temporary Impact 2- The actual impact is .0014 acres permanent and .0014 acres temporary Structure Upgrade Impact- .0019 acres permanent and .0662 acres temporary Total Impacts-0.0067 acres permanent and .0680 acres temporary 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other 4g. Total permanent open water impacts: 0.00 Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact 1, crossing, allowable P 11 Feature 1 No 5,250 872 Impact 1, crossing, allowable T Feature 1 No 2,960 525 Impact 2, barrel drain from BMP -11 P 11 Upper Pond No 128 59 Impact 2, Barrel drain from BMP T Upper Pond No 525 397 Structure Upgrade P 11 Upper and Lower Pond No 96 0 Structure Upgrade T Upper and Lower Pond No 871 0 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 4,356.00 922.00 Zone 1 Zone 2 Total Permanent impacts: 5,474.00 931.00 Zone 1 Zone 2 Total combined buffer impacts: 9,830.00 1,853.00 6i. Comments: 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: On Impact 1 we are designing headwalls to reduce the impact to the streams and wetlands. A pump around has been designed to reduce sediment impact to the stream. On Impact 2 we are requiring silt fence be installed before construction activities. On the Structure Upgrade Impact the design requires we install coffer dams around the area for the new riser structure and around the existing riser to minimize impact to the existing pond. ( I have attached the Special Use Permit that explains the crossing will provide connectivity allowing access to the pool and amenities without having to drive onto the heavily traveled Cleveland Road SR 1010). 1 have also attached the PUD Master plan showing the Amenity Sections and Park. I have also attached a letter from the Cleveland Fire Department explaining the need for the crossing to allow access quickly to all sections. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Care will be taken to impact only the permitted area. The waters and buffers not impacted will be protected by silt fence before construction and the areas of impact will be provided with a temporary ground cover immediately after each work day. A pump around will be used on the crossing instillation.There will be no work in the impact areas when it is raining or inclimate weather is expected. 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: Wetland, stream and buffer impacts to not exceed the thresholds. 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 INC 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 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase11 NSW USMP Water Supply Please identify which local government stormwater program you are using. Johnston County 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. This is the last phase of this S/D and should not generate any new impacts. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes No 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 Unknown 5i. 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? NC Natural Heritage IPaC 1) Red -cockaded Woodpecker -"The red -cockaded Woodpecker makes its home in mature, old growth pine forest. No habitat on this project area. No affect. 2) Neuse River Waterdog- "None have been found in lakes or ponds. They are usually found in streams wider than 15 meters (m), deeper than 100 centimeters (cm), and with a main channel flow rate greater than 10cm/second." This is at the beginning of a 1st order stream with very little flow. No habitat. No affect. 3) Carolina Madtom - "prefer clean water with permanent flow and are not tolerant of siltation and turbidity." Thus us a slow flow 1st order stream directly beside an tilled row crop field. No habitat. No affect. 4) Atlantic Pigtoe -" Is dependent on clean, moderate -flowing water with high dissolved oxygen content in creek and riverine environments." No habitat. No affect. 5) Dwarf Wedgemussel - "To survive, they need a silt -free, stable streambed and well oxygenated water free of pollutants" As stated above, 1st order, slow moving stream with sediment from agriculture, no habitat. No affect. 6) Yellow Lance - "is dependent on clean, moderate flowing water with high dissolved oxygen content in riverine or larger creek environments". No habitat. No affect. 7) Monarch Butterfly - Are found in meadows, roadsides, and sandy areas where milkweed plants grow. No milkweed on the project, no evidence of Monarch Butterfly on the project. No habitat. No affect. 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? None 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?* Website above, (it depends on the definition of "near". Theis the Polenta Historic District approximately 2400 feet to the south of this project. There are existing S/D's located between out project and the Historic District. I cannot imaging our project having a negative impact on the Historic District. There is also a Lawrence Barbour to the north east across Cleveland Road. I cannot imagine our project having any affect on this structure. 8. Flood Zone Designation (Corps Requirement) 8a. 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?* Website above. 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 Wellesley 5 PCN Attachments.pdf 15.56MB File must be PDF or KMZ Comments I have attached the PJD form, Dan Bliley performed the actual field work and some of the PJD forms. I have also attached the Stream Buffer determination letter by Charles Fender stating the feature was not subject to the Neuse Buffer Rules. Signature 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 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: Wyatt Brown Signature �'QCYi �9,l1R'XG Date 1 /31 /2022