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HomeMy WebLinkAbout20220939 Ver 1_ePCN Application_20220712Pre -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: 5/13/2021 BIMS # Assigned * 20220939 Is a payment required for this project?* 0 No payment required O Fee received O Fee needed - send electronic notification Reviewing Office* Fayetteville Regional Office - (910) 433-3300 Information for Initial Review Version#* What amout is owed?* O $240.00 O $570.00 Select Project Reviewer* Chad Turlington:eads\ccturlington la. Name of project: Griffon Pointe la. Who is the Primary Contact?* Braxton Montague lb. Primary Contact Email:* lc. Primary Contact Phone:* braxton@montaguedevelopment.com (919)669-6893 Date Submitted 7/12/2022 Nearest Body of Water Duncan's Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: 35.401051 A. Processing Information Longitude: -78.861395 County (or Counties) where the project is located: Harnett Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo 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 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: 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 0Yes ONo 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: 17 East Development LLC 2b. Deed book and page no.: Book 4150 Pg 1289 2c. Contact Person: Braxton Montague 2d. Address Street Address 10305 Penny Road Address Line 2 City Raleigh Postal / Zip Code 27606 State / Province / Region NC Country United States 2e. Telephone Number: 2f. Fax Number: (919)669-6893 2g. Email Address:* braxton@montaguedevelopment.com 2a. Name(s) on recorded deed: Tierra Holdings, LLC 2b. Deed book and page no.: Book: 3974 Page: 0232 2c. Contact Person: Braxton Montague 2d. Address Street Address 2509 Southwinds Run Address Line 2 City Apex Postal / Zip Code 27502 2e. Telephone Number: (919)669-6893 2g. Email Address:* braxton@montaguedevelopment.com 4. Agent/Consultant (if applicable) 4a. Name: Adam Aycock 4b. Business Name: Mitchell Environmental, PA 4c. Address Street Address 1501 Lakestone Village Lane Address Line 2 Suite 205 City Fuquay-Varina Postal / Zip Code 27526 4d. Telephone Number: (252)213-1374 4f. Email Address:* adam@mitchellenvironmental.com C. Project Information and Prior Project History State / Province / Region NC Country United States 2f. Fax Number: State / Province / Region NC Country United States 4e. Fax Number: 1. Project Information lb. Subdivision name: (if appropriate) Griffon Pointe lc. Nearest municipality / town: Lillington 2. Project Identification 2a. Property Identification Number: 0640-11-5870,0640-00-7751 2b. Property size: 103.26 2c. Project Address Street Address 0 Old US 421 Address Line 2 City Lillington Postal / Zip Code 27546 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Duncan's 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. 030300040205 4. Project Description and History State / Province / Region NC Country United States 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 existing conditions on the site are forested areas and farmland, with roadway and utility construction underway in Phase 1. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes ® No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 18.23 4g. List the total estimated linear feet of all existing streams on the property: 4739 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to develop the land into a residential subdivision including utility and roadway infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The equipment to be used is typical of roadway and utility installation including trackhoes, excavators, bull dozers, dump trucks, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ®Yes 0No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* 0 Preliminary 0 Approved CO) Not Verified 0 Unknown 0 N/A Corps AID Number: SAW-2022-01056 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans Mitchell Environmental, PA 6a. Is this a phased project?* ® Yes 0 No 0 Unknown 6b. If yes, explain. Project is planned in 2 phases. Phase 1 is smaller in size with intent to not cross any wetlands or streams until construction begins in Phase 2. 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): O Wetlands O Streams -tributaries O Open Waters O Pond Construction 2. Wetland Impacts O Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 29. Impact area* 1 Road Crossing P Unknown C/H Yes Corps 0.029 (acres) 3 Road Crossing P Unknown H/J Yes Corps 0.215 (acres) 5 Road Crossing P Unknown F/K Yes Corps 0.153 (acres) 6 Road Crossing P Unknown H/K Yes Corps 0.014 (acres) 7 Road Crossing P Unknown L/M Yes Corps 0.054 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.465 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.465 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* Si Road Crossing Permanent Culvert A Intermittent Corps 4 Average (feet) 62 (linear feet) S2 Road Crossing Temporary Culvert A Intermittent Corps 4 Average (feet) 26 (linear feet) S3 Road Crossing Permanent Culvert B Perennial Corps 5 Average (feet) 83 (linear feet) S4 Road Crossing Temporary Culvert B Perennial Corps 5 Average (feet) 36 (linear feet) S5 Road Crossing Permanent Culvert C Intermittent Corps 3 Average (feet) 64 (linear feet) S6 Road Crossing Temporary Culvert C Intermittent Corps 3 Average (feet) 17 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 209 3i. Total stream and ditch impacts: 288 3j. Comments: E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 79 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Avoidance was not practical in order to access upland portions of the property. Design measures were taken to minimize impacts to wetlands by crossing in areas where wetlands were narrower. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fence and tree protection fencing will be installed to contain impacts to permitted areas only. 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: Thresholds not met F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. 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: Project 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?* GYes UNo 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 (federal/state/local) 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 (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 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. The project is not likely to spur additional impacts 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 0 Yes 0 No 0 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?* V Yes • No 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0Yes ®No No • Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S ® Yes 0 No 5g. Does this project involve bridge maintenance or removal? 0 Yes ® No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0 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.? 0 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 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* 0 Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Habitat 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?* O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPOWEB 2.0 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* 0 Yes 8c. What source(s) did you use to make the floodplain determination?* FEMA maps 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 File must be PDF or KMZ Comments Signature OO 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: Adam Aycock Signature Date 7/12/2022