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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 TSLO-d asuaail S13GON 96E9-SE17-616 TLSLZON'OlWalOM 018X080d i191HX3 IDVd W 111Vl13AO p sl UMU3pAIOVui;jnS000 318VJ 110JS JN'NO1NIINNVHJ a o r-I iy AuedwoC) nBN 041 A8 038tld38d :1N311] 39VIIIA X3SS3/S3NM01 X3SS3 VI w w U r4 O N Q � � Z — Q w � O C O � O = Z O m Q N w z � LL - � Q m W w Q Q O C � J i i i � � 1 1 1, / LLm � OI I i z ❑ -- Imo i i i wg Zd\���.. Q Z , W � U - 0 �� pY lA1MP1N 5{ftE HIG i TSLO-d 9su93l1 S13GON 96E9-5E17-616 TLSLZON'OlWalOM OLSX09Od-, sa UMU3IlnlOVul;InS000 r7 Auedwoo nBN 041 3IUVD HODS dVIN 1JVdWl iivii o 2 MOS ANVlINVS ,,V,, VRIV 7N'NOINIINNVHJ o W VRIV WME W [NOD X3SS3 Is I I 1 I I i I O 0 / 0 U " O ❑ u oz o0 LL / z � uz yLLz� a � �m29 Z o^'2a FMB cM�I��I' 1 I S& Soil & Environmental Consultants, PA EC 841 t.1h \cult•Road,Suitt-1 U-1,Wdcigh,NC:27613•Plionc:(919)846-59($)• Fa (919)84 -9467 s:uidc'c.cnm 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 Sc C Ca r 1 219 rya t 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.