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HomeMy WebLinkAbout20160768 Ver 1_ePCN Application_20220203fr.,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* 20160768 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Robert Tankard:eads\rbtankard Information for Initial Review 1a. Name of project: COURTESY COPY Carolina Colours Medical/Office Park la. Who is the Primary Contact?* Kim Williams - Land Management Group (Davey Resource Group) 1 b. Primary Contact Email: kim.williams@davey.com Date Submitted 2/3/2022 Nearest Body of Water UT of Brice Creek Basin Neuse Water Classification C; Sw, NSW Site Coordinates Latitude: Longitude: 35.029985 -77.008130 A. Processing Information County (or Counties) where the project is located: Craven 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 Reviewing Office* Washington Regional Office - (252) 946-6481 1c. Primary Contact Phone:* (910)452-0001 u 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 39 - Commercial/Institutional 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: 401 Water Quality Certification - Express Riparian Buffer Authorization 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 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 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. Nani on recorded deed: New Market HDS LLC 2b. Deed book and page no.: 2c. Contact Person: David Swain 2d.Address Street Address 1131-B Military Cutoff Rd. Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28405 USA 2e. Telephone Number: 2f. Fax Number: (910)256-2211 Yes No Yes No 2g. Email Address: * mary@swainassociates.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Land Management Group 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address: kim.williams@davey.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: New Bern 2. Proiect Identification 2a. Property Identification Number: 7-104-26002 (property recently subdivided) 2c. Project Address Street Address Waterscape Way Address Line 2 City New Bern Postal / Zip Code 28562 3. Surface Waters 3a. Name of the nearest body of water to proposed project: UT of Brice Creek 3b. Water Resources Classification of nearest receiving water:* C; Sw, 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. 030202040304 4. Project Description and History State / Province / Region NC Country USA 4e. Fax Number: (910)452-0060 2b. Property size: 8 State / Province / Region NC Country USA 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 currently undeveloped and forested. Two ditches run through the site and a small wetland pocket is located in the eastern part of the site. Vegetation consists of a mix of pine and hardwoods, with loblolly pine and red maple in the canopy and a shrub layer of wax myrtle, sweetgum, and horsesugar. Waterscape Way is located west of the site and another road is located in the northern part of the site. The site is bordered to the south by The Viridian, an independent living, assisted living and respite care facility and to the north by Hudson at Carolina Colours, a 240+ unit luxury apartment complex. Other adjacent land use is undeveloped and forested. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown u 4f. List the total estimated acreage of all existing wetlands on the property: 0.17 4g. List the total estimated linear feet of all existing streams on the property: N/A 4h. Explain the purpose of the proposed project: The purpose of the project is to construct a medical/office park within the tract to serve the medical and business needs of the community. The project area is located within the fastest growing part of New Bern. Jurisdictional ditch impacts are needed for site construction. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: New Market - HDS, LLC intends to develop a medical/office park on 7.81 acres off of Waterscape Way within the Carolina Colours development to meet the increasing demand for such services in the fastest growing area of New Bern. The first phase of the development will consist of a 10,600 square foot multidisciplinary medical facility. Future phases will include multiple buildings totaling an additional 20,450 square feet of medical and/or general office space. Additionally, parking areas, accessways, and stormwater ponds will be needed. Sedimentation and erosion control measures will be installed and the limits of disturbance will be cleared of vegetation and graded. Ditches will be filled and accessways, stormwater ponds, and utilities will be installed. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations Sa. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: Project was previously part of SAW-2016-01020 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Paul Farley Agency/Consultant Company: Land Management Group Other: Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Emily Thompson with the USACE met LMG staff on site on 1/11/22 and verbally approved the delineation with changes. Two ditches and a small wetland area were called jurisidictional within the parcel. A revised wetland map was submitted on 1/31/22. A JD has not yet been issued for the site. 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 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area Fill for buildings P N/A Fill Ditch 0.01 Fill s parking andponds P N/A Fill Ditch 0.03 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.04 4h. Comments: 4g. Total permanent open water impacts: 0.04 E. Impact Justification and Mitigation v 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The ditches cross through the property and could not be avoided while still developing adjacent uplands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A sedimentation and erosion control permit and stormwater permit will be obtained prior to site development. 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: Impacts are below 0.1 acre and are to jurisdictional ditches. 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 If no, explain why: No streams exist within or in close proximity to the site. 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 State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: Engineer is preparing a stormwater plan for the project. 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. Project will not provide access or utilities to adjacent tracts. 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. Project will tie into municipal wastewater treatment system. 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 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? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no rare species are known to occur on site. There is an historic occurrence (1949) of the sensitive jointvetch within one mile of the site. The site does not provide suitable habitat for this species. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species require coastal and/or marine habitat and would not be found within the site. Forested uplands support a mix of pines and hardwoods in the canopy and a moderately dense shrub layer and is unlikely to provide suitable habitat for the RCW. Forested areas within the site may provide suitable roosting habitat for the northern long-eared bat. However, this species has not been documented in Craven County. The site does not appear to provide suitable habitat for any other species known to occur in the area. 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? NOAA EFH Mapper 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?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. 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?* FEMA Flood Map Service website 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 Carolina Colours NWP Appl Attachments.pdf 3.02MB File must be PDF or KMZ Comments 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: Kim Williams Signature �%d Date 2/3/2022