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HomeMy WebLinkAbout20201313 Ver 2_ePCN Application_20220328DWR Divi.h. M Wm- R�.... 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 Ch-g. nly,f n..d.d BIMS # Assigned* Version#* 20201313 2 Is a payment required for this project? No payment required What amout is owed?* Fee received $240.00 Fee needed - send electronic notification $570.00 Reviewing Office* Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Colleen Cohn:eads\cmcohn Information for Initial Review 1 a. Name of project: Brantley Place Phase 3 la. Who is the Primary Contact?* Krissina Newcomb I b. Primary Contact Email: 1 c. Primary Contact Phone:* krissina@halowensoil.com (910)893-8743 Date Submitted 3/28/2022 Nearest Body of Water Persimmon Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: Longitude: 35.44674587 -79.20899541 A. Processing Information County (or Counties) where the project is located: Lee Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 1 a. 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) 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: LAMCO CUSTOM BUILDERS LLC 2b. Deed book and page no.: PLAT 2020/114 2c. Contact Person: Tony Torro 2d. Address Street Address 7424 Chapel Hill Rd, Ste 203 Address Line 2 City Raleigh Postal / Zip Code 27607 2e. Telephone Number: (919)307-4254 2g. Email Address: tony@lamcohomes.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province I Region NC Country USA 2f. Fax Number: Yes No Yes No k.:�) 4. Agent/Consultant (if applicable) 4a. Name: Krissina Newcomb 4b. Business Name: Hal Owen &Associates Inc 4c. Address Street Address PO Box 400 Address Line 2 City Lillington Postal / Zip Code 27546 4d. Telephone Number: (910)893-8743 4f. Email Address:* Krissina@halowensoil.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) Brantley Place Phase 3 1 c. Nearest municipality I town: Sanford 2. Project Identification 2a. Property Identification Number: 9631-78-3276-00, 9631-78-4126-00, 9631-78- 4086-00, 9631-77-5895-00, 9631-77-7604-00, 9631-77-7545-00, 9631-77-7497-00, 9631-77- 8338-00, 9631-77-8298-00, 9631-87-0005-00 2c. Project Address Street Address Tyndall Drive Address Line 2 City Sanford Postal / Zip Code 27330 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Persimmon Creek 3b. Water Resources Classification of nearest receiving water:* C 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. 030300030606 4. Project Description and History State / Provinoa I Region NC Country USA 4e. Fax Number: (910)893-3594 2b. Property size: 7 State / Pmince / 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 subject site consists of ten (10) existing lots along the eastern side of Tyndall Drive which will be recombined into 20 lots. The lots have been cleared and silt fence installed, however no site improvements have been made. Tyndall Drive exists from Carthage Street south to Meadowbrook Road. South of Meadowbrook Road, however, the road has not been graded or paved and is wooded. Land use in the vicinity is residential. 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: 0.5 4g. List the total estimated linear feet of all existing streams on the property: 100 4h. Explain the purpose of the proposed project: * The purpose is to construct a single-family residential subdivision connected by a road and utilities (20 Lots). Tyndall road will be extended south across a creek in order to connect to Brantley Place phases 1 and 2, resulting in wetland and stream impacts. Wetland impacts will also occur on Lots 8, 9, and 10 for lot fill in order to site the homes. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * At the proposed road crossing (impact W1,S1, S2), a 76ft long, 48" RCP @ 1.2% slope will be installed in the creek. An 25ft long dissipater pad will be added at the outlet. Water and sewer utility lines will be concurrently installed in the road right-of-way. The road area will be back filled, the roadway paved, and side slopes graded at a 2:1 slope. At wetland impact W2, fill will be added to the wetland on lots 8, 9, and 10 in order to accommodate the home sites. A flat building pad is needed. The homes will be sited at the minimum building setback from the front of the lot and a 20' perimeter yard space around the home will be constructed. The toe of the fill will be sloped down to the natural ground at a slope of 3:1 . Typical construction equipment such as excavators, loaders, dump trucks, and graders will be utilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Krissina Newcomb Agency/Consultant Company: Hal Owen &Associates, Inc. Other: 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? This project, "Brantley Place Ph 3" is being undertaken by LAMCO CUSTOM BUILDERS LLC and is the only phase. Brantley Place Ph 1 & 2 is being constructed by COPPER RIDGE DEVELOPMENT LLC. Tyndall Drive will be constructed to provide connectivity between the two residential neighborhoods. D. Proposed Impacts Inventory 1. Impacts Summary 1 a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 2al Reason (?) Fill for house 2b. Impact type* (?) 2c. Type of W. Headwater Forest 2d. W. name* 2e. Forested* �12f. Yes Type of Jurisdicition *��2g. Both ] Impact area 0.114 (acres) Fill for road J L Bottomland Hardwood Forest ��B Both I 0.185 � (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.299 21. Comments: 2g. Total Permanent Wetland Impact 0.299 3. Stream Impacts E 3a. Reason for impa Road crossing 3c. Type of impact* Culvert me* 3e. Stream Type* (?) [3f. Type of .risdiction* Both 3h. Impact length Road crossing Rip Rap Fill J S1 Both 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 119 3i. Total stream and ditch impacts: 119 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The road is sited perpendicular to the stream, minimizing impacts. Detention basins and other stormwater controls were sited completely outside of regulated wetland areas. The culvert will be buried to maintain aquatic passage and to maintain passage during drought or low flow conditions. (1ft depth for pipes with 48" diameter or more) Shoulder slopes at road crossing is 2:1 Utilities are grouped in the road right-of-way to minimize impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment and erosion control measures will be used, such as silt fencing, to protect water quality. Construction limits will be clearly marked through the wetlands and no clearing will occur in wetlands outside of the proposed impact area. Construction and fill materials will be stored in upland areas. 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: 0 4d. Buffer mitigation requested (DWR only): (�q­e feet) 0 4f. Non -riparian wetland mitigation requested 0 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.598 4g. Coastal (tidal) wetland mitigation requested: (acres) 0 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: Cape Fear River Basin (HUC 03030003) is not subject 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 (SIVIP) 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 Phase 11 NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Sanford Comments: Stormwater Management plan will be submitted to City of Sanford. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federalistatellocal) 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 (1 5A NCAC 2H .0500), Isolated Wetiand Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (1 5A 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 residential development is relatively small and will not likely affect regional growth patterns. 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. Public sewer, city of Sanford. Available daily capacity is 6 million gallons. 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 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 constructionfl nstal lation 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? US FWS iPaC (https://ecos.fws.gov/ipac/ ). INC Natural Heritage Program (hftps://ncnhde.natureserve.org/) 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 Habitat Conservation National Marine Fisheries Service https://www.habitat.noaa.gov/apps/efhmapper/ 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?* NC State Historic Preservation Office (http://gis.ncdCLgov/hpoweb/) 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?* NC Flood Risk Information System (https://fris.nc.gov/fris/) 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 dmp files hem to attach document Brantley Place Ph 3—PCN Aftachment.pdf 12.63MB DWR Pre -filing meeting request 20220117.pdf 117.82KB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: The project proponen hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and The project proponentt hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. have given true, accurate, and complete information on this form; 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: Krissina Newcomb Signature wi&ol fiW1l%4 Date 3/28/2022