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HomeMy WebLinkAbout20140266 Ver 1_401 Application_20140314o�oF wArE9oG y r O Office Use Only: Corps action ID no. DWQ project no. aol4 C>a6G Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): X❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X❑ No 2. Project Information 2a. Name of project: Abbington Oaks 2b. County: Brunswick IM LM r_. { 2c. Nearest municipality / town: Southport I h 2d. Subdivision name: Pinkerton Tract y 2e. NCDOT only, T.I.P. or state project no: _ rMATt ctriul 3. Owner Information 3a. Name(s) on Recorded Deed: Southport Abbington Oaks, LLC 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Trey Coogle 3d. Street address: 315 Little Creek road 3e. City, state, zip: Highlands, NC 28741 3f. Telephone no.: 803- 404 - 250 -4093 ext. 705 3g. Fax no.: 3h. Email address: treycoogle @tozeroenergy.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: owner 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Robert Needham 5b. Business name (if applicable): Needham Environmental Inc. 5c. Street address: 9100 Charlestowne Road, SE 5d. City, state, zip: Winnabow, NC 28479 5e. Telephone no.: 910 - 371 -6082 5f. Fax no.: 5g. Email address: needhambud @ec.rr.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1208711569468 1 b. Site coordinates (in decimal degrees): I Latitude: 33.95653 Longitude: - 78.05781 1c. Property size: 7 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Jump and Run Creek 2b. Water Quality Classification of nearest receiving water: 2c. River basin: Cape Fear 03030005 3. Project Description 3a. 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 has been timbered with some "seed trees" remaining, of long -leaf pine. Open understory in non - wetland area. Recent mowing completed. The existing channelized stream is several hundred feet from the proposed crossing and is along the eastern property line between the proposed apartments and an older subdivision on the tract to the east. Proposed crossing DOES NOT have an ordinary high water mark or any signs of flow. 3b. List the total estimated acreage of all existing wetlands on the property: 0.536 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 200 3d. Explain the purpose of the proposed project: To construct residential apartments. Nationwide permit request for road crossing of a shrub wetland separating uplands. This is not a crossing of the s D 3e. Describe the overall project in detail, including the type of equipment to be used: Backhoe and bulldozer with dump trucks and lumber trucks. Concrete trucks during foundation construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑x Yes ❑ No ❑ Unknown Comments: Expired 8 April 2013 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Mike Scibetta Agency /Consultant Company: Southern Environmental Group Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 8 April 2008 expired 8 April 2013, confirmed by Jessica Hooten, Wilmington Regulatory Feld Office 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): X❑ Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 P Fill Headwater Wetland Yes Corps 0.044 W2 P Fill Headwater Wetland Yes Corps 0.097 W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.141 2h. Comments: Depressional swale, vegetation of shrubs of Ilex glabra & I. coriacia and some Cyrilla racemosa and Arundinaria gigantia. No overstory canopy, no herb layer under the thick shrub layer. The crossing has to be along the western property line because the applicant does not own the tract between the planned apartments & Hwy 211. The project cannot be moved further north because of tract boundaries. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: The proposed road crossing is of a linear wetland depression. However, there was no indication of surface water or high flows and no evidence of an ordinary high water mark. The area of crossing appears to be a saturation driven wetland. The crossing is upslope of the end point of an unnamed blue line tributary of Jump and Run Creek as shown on a 1:24,000 quad sheet. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose O4 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Pi Stonnwater 0.1 P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑X No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba []Randleman ❑ Other: N/A 6b. Buffer Impact number- Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: N/A Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Proposed access road with 2:1 side slopes to reduce wetland impacts. All buildings and parking has been located entirely in uplands. Wetland impacts are for access to existing uplands that could not be developed without the access. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Standard silt fencing along edge of disturbance in wetlands. Equipment will operate within the proposed area of fill or adjacent uplands and not operate in wetlands that will remain. 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? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑X DWQ © Corps 2c. If yes, which mitigation option will be used for this project? Q Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Lower Cape Fear Umbrella Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Non - riparian wetland Type: Choose one Type: Choose one Quantity: 0.141 Quantity: Quantity: Have contacted Jon Vincent of ower Cape Fear UMB, see attached mitigation letter 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes X❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2b. Does this project require a Stormwater Management Plan? 0 Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Detention pond in upland area of site, designed by project engineers and submitted for approval separately. 2e. Who will be responsible for the review of the Stormwater Management Plan? Kevin Krick, Genesis Group 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Brunswick County ❑x Phase II ❑ NSW 3b. Which of the following locally- implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review NCoastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply): E] Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Q Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? pX Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state/local) funds or the ❑ Yes Q No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sewage to Southport waste water treatment facility. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or © Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act 0 Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Letter from Natural Heritage 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes Q No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 ❑ Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: NC Flood Map 8c. What source(s) did you use to make the floodplain determination? Brunswick County GIS Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 01 1 C Map Source: Brunswick Countv GIS Online Abbington Oaks Needham Environmental, Inc. Parcel ID# 20500037 Environmental Consultants Site Location Brunswick County, NC Wilmington, NC 01- 13- /COEPackage.cdr 1 January 2014 Property Boundary Shown in Red. 1 " 600' Abbin ton Oaks Needham Environmental, Inc. g Environmental Consultants Generalized Soils Map Parcel ID# 20500037 Wilmington, NC Brunswick County, NC January 2014 01 -13- /COE Package.cdr Property Boundary Shown in Red. 1 " - 600' Abbington Oaks Needham Environmental, Inc. Environmental Consultants Parcel ID# 20500037 Wilmington, NC 2012 Color Aerial Brunswick County, NC January 2014 01- 13 - /COE Package.cdr Abbin ton Oaks Needham Environmental, Inc. 9 Environmental Consultants Parcel ID# 20500037 Southport Wilmington, NC USGS Quad Sheet Brunswick County, NC January 2014 01 -13- /COE Package.cdr Property Boundary Shown in Red. 1 " - 600' Abbington Oaks Needham Environmental, Inc. Parcel ID# 20500037 Environmental Consultants NWI Map Wilmington, NC Brunswick County, NC January 2014 01 -13- /COE Package.cdr .f Wks Property Boundary Shown in Red. THIS MAP FOR PRELIMINARY PLANNING ONLY Ed The information contained on this map has been paced in the field and interpreted on the map using an aerial photograph. The distances and acreages shown are approximate and not meant to be absolute. a LEGEND Uplands -Area of planned disturbance and imperveous areas may J�5 require stormwater, sediment /erosion control and CAMA permitting approval 404 Wetlands as regulated by the U.S. Army Corps of Engineers - no development, soil disturbance or fill activities without prior 404/401 and CAMA permitting approval. Taken from expired JD# SAW- 2007 -03711 11 Abbington Oaks Needham Environmental, Inc. Environmental Consultants Parcel ID# 20500037 Wilmington, NC Wetland Delineation Brunswick County, NC January 2014 Sketch 01 -13- /COE Packagexdr W FTI _AND IMPACT 1 i PROJECT BOUNDARY WETLAND IMPACTS WETLANDS 150 75 0 150 scale in feet 1" =150' WETLAND IMPACT 2 0.097ACf TOTAL SITE AREA = 7.00 ACRES TOTAL WETLAND AREA = 0.536 ACRE TOTAL WETLAND IMPACT = 0.141 ACRE PROPOSED SITE CONDITIONS ABBINCTON OAKS APARTMENTS SOUTHPORT, NC FIGURE 1 r' K PO Box 11504 Columbia, SC 29211 1330 Lady Street, Suite 205 Columbia, SC 29201 (803) 744 -4500 (Main) GENESIS(803) 744 -4501 (Fax) NORTH CAROLINA www.genesis- consuiting- group.com MONT WETLAND IMPACT 1 0.044ACt . . . .......... . . . . . . . . . . . . PROJECT BOUNDARY . . . . . . . . . . . ® WETLAND IMPACTS - - - --- -- -. - - - WETLANDS. . . . . . . . . . . 20 10 0 20 . scale in feet 1 " =20' . PO DITCH IMPACT 1 Columbia, f mbia,SC29211 AB B I N CTO N OAKS APARTMENTS 1330 Lady Street, Suite 205 SOUTHPORT, NC Columbia, SC 29201 (803) 744 -4500 (Main) GENESIS(803) 744 -4501 (Fax) FIGURE 2 NORTH CAROLINA www .genesis - consulting- group.com . . . . . . . . . . . WETLAND IMPACT 2 0.097ACf OR ►��O��i� 1 ♦j'r�r ♦ter PROJECT BOUNDARY ��•�� WETLAND IMPACTS WETLANDS 20 10 0 20 scale in feet ■ ■ •.:. . : • DITCH IMPACT 2 .. . ABBINGTON OAKS APARTMENTS 1330 Lacl� Street, Suite 205 0i SOUTHPORT, GENESIS 803 744-4500 (Main) (803) 744-4501 (Fax) O. i p r I I I I I I I I I I I I I I I I I I I I I I I I I I I W I ( I I I I W I I I I a I I W I I W I I W ( ( W I I I o l z o � I I I O I z P O O I p I y LU d 10 I H d a I U LIJ I y LIJ Ln O Ow I O I G r7 Ow Of I O I G 0p I Z I V 0p I Z I V O I I V O IIr I- I Icl) I Ir I- I I w I O I I O I I I I I O I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , PO Box 11504 TYPICAL CROSS SECTIONS j' Columbia, SC 29211 ABBINCTON OAKS APARTMENTS f, 1330 Lady Street, Suite 205 `' SOUTHPORT, NC Columbia, SC 29201 (803) 744 -4500 (Main) GENESIS(803) 744 -4501 (Fax) FIGURE 4 NORTH CAROLINA www.genesis- consulting- group.com LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY February 24, 2014 TO: Bud Needham FROM: Lower Cape Fear Umbrella Mitigation Bank Needham Environmental Inc. c/o Land Management Group, Inc. 9100 Charlestowne Road SE 3805 Wrightsville Avenue, Suite 15 Winnabow, NC 28479 Wilmington, NC 28403 Project: Abbington Oaks (off Hwy 211, Southport) Dear Mr. Needham: Pursuant to your recent credit request, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply wetland mitigation credits for impacts to non - riparian wetlands associated with the project located at Abbington Oaks in Southport, NC. Based upon the relatively small area of proposed disturbance for your project, LCFUMB has sufficient existing inventory of non - riparian wetland credits to satisfy your projected need. This acceptance to supply non - riparian wetland credit is conditional upon receipt of payment as outlined below. Upon request for receipt of credit transfer, LCFUMB will issue an invoice based upon the following fee schedule. Mitigation Type Fee per Unit Stream....,,. $374 per If_�......_.,..rr.._ Non- Riparian Wetland � � $49,423-percredit Riparian Weiland ) $68;502 per credit Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. LCFUMB and /or its agents are not responsible for determining the applicant's mitigation requirements. if you have any questions or need additional information, please contact me by phone at (910) 452 -0001 or by email at cpreziosi @lmgroup.net. Sincerely, Land Managemen roup, Inc. (agent for LCFUMB) Cr stian .rezi" s Section Manwee