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HomeMy WebLinkAbout20220439 Ver 1_ePCN Application_20220317fr.,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* 20220439 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Reviewing Office* Wilmington Regional Office - (910) 796-7215 Information for Initial Review 1a. Name of project: Juniper Mitigation Tract (LCFUMB) la. Who is the Primary Contact?* Kim Williams - Davey Resource Group 1 b. Primary Contact Email: kim.williams@davey.com Date Submitted 3/17/2022 Nearest Body of Water Hickman Branch and Harris Swamp Basin Cape Fear Water Classification C; Sw Site Coordinates Latitude: 34.079726 A. Processing Information County (or Counties) where the project is located: Brunswick Is this a NCDMS Project Yes No Longitude: -78.120536 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* John Perry:eads\jmperry2 1c. Primary Contact Phone:* (910)452-0001 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: 27 - Restoration NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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 It. 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: SP HS LLC 2b. Deed book and page no.: 2c. Contact Person: Jon Vincent 2d.Address Street Address 1015 Ashes Drive, Ste. 202 Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28403 USA 2e. Telephone Number: 2f. Fax Number: (910)256-0101 2g. Email Address: * jontvincent@gmail.com 3. Applicant Information (if different from owner) 3a. Name: LCFUMB, LLC c/o Jon Vincent 3b. Business Name: 3c.Address Street Address 1015 Ashes Drive, Ste. 202 Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28403 USA 3d. Telephone Number: 3e. Fax Number: (910)256-0101 3f. Email Address:* jontvincent@gmaii.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group 4c. Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28403 USA 4d. Telephone Number: 4e. Fax Number: (910)452-0001 (910)452-0060 4f. Email Address: kim.williams@davey.com C. Proiect Information and Prior Proiect History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Bolivia 2. Project Identification 2a. Property Identification Number: 12500047 2c. Project Address Street Address Catfish Lane SE and Mill Creek Road SE Address Line 2 City Bolivia Postal / Zip Code 28422 2b. Property size: 782 State / Province / Region NC Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Hickman Branch and Harris Swamp 3b. Water Resources Classification of nearest receiving water:* C; Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300050602 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 tract consists predominantly of a mixture of existing and former non-riverine swamp forest, hardwood flat, and wet pine flat communities. The non-riverine swamp forest community type is located primarily in the unmanaged southern portion of the property. Remnant areas of this wetland community type are still present. The hardwood flat community occupies various portions of the property which are comprised of broad interstream flats underlain by mineral soils. The existing wet pine flatwood community occupies the northern sections of the property where timber has been historically managed in this slightly higher landscape position. The existing wet pine flat areas represent disturbed variants of non-riverine swamp forest and hardwood flat wetlands that have been intensively managed for silviculture. The primary wetland types targeted for restoration are non-riverine swamp forest and hardwood flat. Based upon the Cowardin classification for wetland and deepwater habitats (Cowardin et al. 1979), the primary wetland community type to be restored is Palustrine Forested Wetland (broad-leaved deciduous, needle -leaved deciduous and needle -leaved evergreen). Sections of existing and former headwater forest riparian wetlands, first -order stream channels, and zero -order stream valleys exist in the northern sections of the Bank boundary. 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: 271.8 4g. List the total estimated linear feet of all existing streams on the property: 1980 4h. Explain the purpose of the proposed project: The purpose of the project is to restore, enhance, and preserve wetlands and streams within the site in order to provide compensatory mitigation for authorized stream and wetland impacts with the Lower Cape Fear River Basin. The tract would be incorporated into the existing Lower Cape Fear Umbrella Mitigation Bank. Jurisdictional ditches within the site will be backfilled or plugged in order to restore wetland hydrology to adjacent areas and/or to restore zero order streams. Additionally, impacts to streams will be needed to raise bed elevation and increase sinuosity. Temporary wetland impacts are needed for construction corridors. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Restoration activities will involve the backfilling and plugging of the existing drainage network, removal of portions of the road beds, raising the bed elevation and increasing the sinuosity of first -order streams, re -contouring of zero -order stream valleys, and planting of characteristic wetland trees and shrubs in the majority of the tract. Temporary wetland impacts are needed for equipment access, roadbed removal, and spoil movement during construction. These areas will be restored back to natural grade and planted. The proposed ditch fill depicted on the site plan drawings is a maximum. The actual fill will be based upon quantities of spoil generated from beds that will be removed. Standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No 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-2019-01067 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Corey Novak Agency/Consultant Company: LMG (now DRG) Other: Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Jordan Jessop with the USACE issued a PJD on 09/30/2020. 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 2. Wetland Impacts u 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W. 2d. W. name* 2e. Forested �' A Type of Jurisdiciti, "` (?) 2g. Impact area Stream restoration T Non-Riverine Swamp Forest N/A Yes Both 0.480 Construction corridor T Non-Riverine Swamp Forest N/A Yes Both (acres) 0.043 (acres) Construction corridor; T Non-Riverine Swamp Forest N/A Yes Both remove old road bed J�=]_ 2g. Total Temporary Wetland Impact 1.463 2g. Total Wetland Impact 1.463 21. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.000 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) [3f.Typeof urisdiction* 3gSwidth* 3h. Impact length* S7 Stream restoration Permanent Relocation UT of Hickman Branch Perennial Both 7 Average (feet) 1,980 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 1,980 31. Total stream and ditch impacts: 1 3j. Comments: 4. Open Water Impacts 3i. Total temporary stream impacts: 0 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type �114e. Waterbody type 4f. Impact area Fill for restoration T N/A Fill Ditch 0.25 Fill for restoration T N/A Fill Ditch 0.08 Fill for restoration T N/A Fill Ditch 0.41 Fill for restoration T N/A Fill Ditch 0.35 Fill for restoration T N/A Fill Ditch 0.31 Fill for restoration T N/A Fill Ditch 0.30 Fill for restoration T N/A Fill Ditch 1.27 Fill for restoration T N/A Fill Ditch 0.30 Fill for restoration T N/A Fill Ditch 1.29 10 Fill for restoration T N/A Fill Ditch 0.65 11 Fill for restoration T N/A Fill Ditch 0.35 12 Fill for restoration T N/A Fill Ditch 0.19 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 5.75 0.00 4g. Total open water impacts: 5.75 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Proposed impacts are needed to restore a wetland and stream system. Channels to be impacted are either manmade (ditches) or man -altered (streams) for silvicultural productivity purposes. Wetland impacts will be restored back to natural grade and seeded or planted with woody vegetation. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A sedimentation and erosion control plan will be prepared and implemented prior to construction activities. 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 project will restore wetlands and streams. 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: Site is located in the Cape Fear River Basin. 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: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federallstatellocal) funds or the use of public (federallstate) 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 I 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 is a mitigation bank and will not provide access or utilities to adjacent tracts. No future impacts to wetlands or streams are anticipated within the site. 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 What Federal Agency is involved? Several federal agencies are part of the IRT. 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? A review of the NC Natural Heritage Program (NCNHP) database was conducted to determine the documented occurrence of any threatened or endangered species within the project boundary and adjacent parcels. The NCNHP database indicates that the federally listed red cockaded woodpecker is known to occur on site. However, NCNHP has since verified in further discussions that there are no known RCW occurrences on or in close proximity to the tract. A review of the USFWS IPaC database was also conducted. The database lists several endangered species that may occur within the site. The fauna listed, which include manatees, alligators, sea turtles, and shorebirds, are highly unlikely to exist on the site. Some of the flora listed, including rough - leaved loosestrife and Cooley's meadowrue may exist in the powerline easement. However, no mitigation activities are proposed within the powerline easement. The USFWS has reviewed the Mitigation Bank Prospectus for the Juniper Tract. The agency did not submit any official comments on the Prospectus. However, the agency suggested in recent discussions that an onsite RCW survey be conducted if clearing of large pine trees is proposed. Staff of LMG subsequently performed on site surveys for the occurrence of RCW and RCW habitat. Existing pine stands are of different age classes but generally exhibit dense understory. No RCWs or active cavities were observed. Removal of the tract from on -going silvicultural production and restoration of groundwater and vegetative communities is anticipated to benefit habitats of both state -listed and federally -listed species. Restoration and preservation of the site is also anticipated to beneficially affect other state priority species (such as the oak toad and pygmy rattlesnake). 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 project will not have an effect on any structures/properties eligible or listed on the National Register of Historic Places. Based upon a review of maps at the North Carolina Office of Archives and History, there are no known significant archaeological resources on the restoration site. SHPO reviewed the submittal and did not have any comments on the proposed project. 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?* FEMA Flood Map Service Center Website Miscellaneous U 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 Juniper Attachments.pdf 14.61MB 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 Date 3/17/2022