HomeMy WebLinkAbout20220614 Ver 1_ePCN Application_20220426Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
O No
Is this project a public transportation project?*
OYes 0No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
4/26/2022
BIMS # Assigned* Version#*
20220614 1
Is a payment required for this project?*
® No payment required
0 Fee received
O Fee needed - send electronic notification
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
Information for Initial Review
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
la. Name of project:
COURTESY COPY Essex South
la. Who is the Primary Contact?*
Kevin Martin
lb. Primary Contact Email:*
lc. Primary Contact Phone:*
kmartin@sandec.com (919)846-5900
Date Submitted
4/26/2022
Nearest Body of Water
Cedar Creek
Basin
Tar -Pamlico
Water Classification
C;NSW
Site Coordinates
..........................................................................
Latitude:
36.087380
A. Processing Information
Longitude:
-78.472215
County (or Counties) where the project is located:
Franklin
Is this a NCDMS Project
0Yes ONo
Is this project a public transportation project?*
0 Yes ® No
la. Type(s) of approval sought from the Corps:
EI Section 404 Permit (wetlands, streams and waters, Clean Water Act)
O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
0 Yes
O No
1b. What type(s) of permit(s) do you wish to seek authorization?
O Nationwide Permit (NWP)
0 Regional General Permit (RGP)
0 Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
0Yes ®No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
EO 401 Water Quality Certification - Regular
0 Non-404 Jurisdictional General Permit
0 Individual 401 Water Quality Certification
58 - Utility Line Activities for Water and Other Substances (frequently used)
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:
If. Is this an after -the -fact permit application?*
O Yes O No
O 401 Water Quality Certification - Express
0 Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
lh. Is the project located in any of NC's twenty coastal counties?
O Yes O No
1j. Is the project located in a designated trout watershed?
OYes 0No
B. Applicant Information
OYes 0No
OYes 0No
Id. Who is applying for the permit?
O Owner O Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
OYes 0No
2. Owner Information
2a. Name(s) on recorded deed:
Franklin Acquisitions, LLC
2b. Deed book and page no.:
DB: 2146 DP: 723 & DB: 1981 DP: 411
2c. Contact Person:
Scott Carle
2d. Address
Street Address
8804 Albright Road
Address Line 2
City
Raleigh
Postal / Zip Code
27612-7445
State / Province / Region
NC
Country
USA
2e. Telephone Number:
(919)614-1733
2f. Fax Number:
2g. Email Address:*
bpolanco123@yahoo.com
4. Agent/Consultant (if applicable)
4a. Name:
Kevin Martin
4b. Business Name:
Soil & Environmental Consultants, PA
4c. Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address Line 2
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
(919)846-5900
4f. Email Address:*
kmartin@sandec.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
(919)846-9467
1. Project Information
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Franklinton
2. Project Identification
2a. Property Identification Number:
1855-61-1572,1855-61-1712 & 1855-61-7530
2c. Project Address
Street Address
2982 US Highway 1
Address Line 2
City
Franklinton
Postal / Zip Code
27525
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Cedar Creek
3b. Water Resources Classification of nearest receiving water: *
C;NSW
3c. What river basin(s) is your project located in?*
Tar -Pamlico
3d. Please provide the 12-digit HUC in which the project is located.
030201010401
4. Project Description and History
2b. Property size:
+/- 121.46
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: *
Existing conditions onsite consists primarily of forested and disturbed land as well as some single-family residential structures throughout the properties. Specifically, there are eleven (11)
wetlands (W1-W11), two (2) perennial streams (S1 & S2), and two (2) isolated pond features (Pond 1 & Pond 2) located on the property. General land use in the vicinity of the project
consists of forested land with some single-family rural housing and some commercial areas. US Highway 1 (Capital Blvd.) bounds the property to the west.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
0 Yes C•) No 0 Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
1.81
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 2,700 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a sewer line to serve a proposed commercial development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project consists of the construction of a sewer line that will connect to a pump station to serve a proposed commercial development. Specifically, there is one (1) utility crossing
that impacts streams and wetlands. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
5. Jurisdictional Determinations
5a. 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? *
0 Preliminary O Approved O Not Verified 0 Unknown 0 N/A
Corps AID Number:
SAW-2018-00888
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Kevin Martin
Soil & Environmental Consultants, PA
0 Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USAGE: Determination issued by Jean Gibby on November 7, 2019.
NCDWR: Site visit and determination made by Rick Trone and issued on May 8, 2018 (RRO #18-129).
6. Future Project Plans
6a. Is this a phased project?*
@ Yes O No
6b. If yes, explain.
This application is for a proposed commercial development along US West Highway 1 but no additional impacts are anticipated. Previously Buffer authorizations were obtain for the
residential portion of the property but no wetland or stream impacts were required
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?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
0 Wetlands O Streams -tributaries
0 Open Waters 0 Pond Construction
3. Stream Impacts
0 Buffers
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Utility Line Crossing
Temporary
Other
Stream 1
Perennial
Both
2
Average (feet)
21
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total temporary stream impacts:
21
3i. Total stream and ditch impacts:
21
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire site so that natural resources can be identified, and impacts
minimized to the maximum extent practicable. The proposed corridor was routed so that wetland impacts were avoided
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Standard erosion control measures will be utilized along the utility corridor.
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?
0 Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
no permanent stream impacts proposed, no wetland impacts are proposed.
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?
G Yes O No
What type of SCM are you providing?
0 Level Spreader
O Vegetated Conveyance (lower SHWT)
O Wetland Swale (higher SHWT)
O✓ Other SCM that removes minimum 30% nitrogen
0 Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
0 Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
OYes ®No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local govemment stormwater program?
O Yes O No
0 N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
0 Local Govemment a State
State Stormwater Programs
0 Phase II
0 HWQ or ORW
Comments:
G. Supplementary Information
O Coastal Counties
Oa Other INSW
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 r: 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)7 *
O Yes O No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
O Yes O No
3b. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and
silvicultural operations. The Essex South project is a commercial development. Additionally, the project is located within the town of Franklinton ETJ,
therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Phase II
NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to
post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
* Yes 0 No 0 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.
Wastewater will be pumped from a pump station to an existing sewer line
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?*
O Yes :, No
5b. Have you checked with the USFWS conceming Endangered Species Act impacts?*
0 Yes • No
5d. Is another Federal agency involved?*
0 Yes
5e. Is this a DOT project located within Division's 1-8?
0 Yes ® No
O No r; Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
OYes 0No
5g. Does this project involve bridge maintenance or removal?
OYes 0No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
OYes 0No
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.?
0 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 Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within and
within 1-mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally
Threatened/Endangered within or within 1-mile of the project boundaries. References: NC Natural Heritage Program. 2022. Geographic Information
System (GIS) data. NCDNCR, Raleigh, NC. Available at http://www.ncnhp.org/. (Accessed: April 12, 2022).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
0 Yes O No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
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?*
0 Yes O 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 Service interactive map was referenced on April 11, 2022, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
0 Yes i No
8b. If yes, explain how project meets FEMA requirements:
FEMA regulations have been observed as no additional fill material or obstruction to flow will be placed within the FEMA floodplain along the existing
outfall.
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
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
2022-04-11 - ESEX COMMERCIAL AREA IMPACT MAPS.pdf 688.75KB
signed Property Cert Essex.pdf 89.56KB
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:
Kevin C. Martin
Signature
Date
4/26/2022
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PROPERTY OWNER CERTIFICATION/AGENT AUTHORIZATION
Project Name/Description- _ - - _ S&EC Project#_ 13512
Date:
The Department of the Army
U.S. Army Corps of Engineers. Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Andy Williams Field Office: Raleigh
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on-site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel index Number(s)(PIN): F C'ifiGa4
Site Address: `-( {0- C 4� 5. Z}1 ci i rl ,-}.
City, County, State: Franklinton. Franklin,NC
PROPERTY 01hNER INFORMATION 1mailing address. email and phone)
Mailin_2 Address: Sj,5 C 4 4 j b �•ri� ,+ t �1 11 L 7t ��-
Email: bpi Ictrl[r.f Z ztr-4l.,rt ,ad hone: " 7 ' [G I ti - ?' .I
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Property Owner Name(please print) ! Date
Property Owner Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.