HomeMy WebLinkAbout20220439 Ver 1_ePCN Application_20220317fr.,f DW R
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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