HomeMy WebLinkAbout20211646 Ver 1_ePCN Application_20211110DW R
mrlsloa of ware. Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
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*
Version#*
20211646
1
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*
Washington Regional Office - (252) 946-6481
Robert Tankard:eads\rbtankard
Information for Initial Review
1a. Name of project:
Blue -Line Stream Crossing Nationwide Permit #29 for Bluewater Rise
la. Who is the Primary Contact?*
Bobby Billingsley
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
bobbybillingsley@thomasengineedngpa.com (252)671-2408
Date Submitted
11/10/2021
Nearest Body of Water
Brice Creek (27-101-40-(1)
Basin
Neuse
Water Classification
C;Sw;NSW
Site Coordinates
Latitude:
Longitude:
35.012453
-77.040763
A. Processing Information
County (or Counties) where the project is located:
Craven
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
Yes No
ID# Version
SAW-2016-01597
Pre -fling Meeting or Request Date
10/6/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf 115.08KB
File type must be PDF
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)
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: 29 - Residential Developments
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
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:
401 Water Quality Certification - Express
Riparian Buffer Authorization
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
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. Name(s) on recorded deed:
A. Sydes Construction, Inc.
2b. Deed book and page no.:
Deed Book 3404, Page 657
Yes No
Yes No
2c. Contact Person:
Anthony W. Sydes - President
2d.Address
Street Address
100 Carolina Plantations Blvd
Address Line 2
City
Jacksonville
Postal / Zip Code
28546
2e. Telephone Number:
(910)455-0966
2g. Email Address:*
leahqu inn@sydescommunities.com
4. Agent/Consultant (if applicable)
4a. Name:
John G. Thomas, PE
4b. Business Name:
Thomas Engineering, PA
4c.Address
Street Address
1316-B Commerce Drive
Address Line 2
City
New Bern
Postal / Zip Code
28562
4d. Telephone Number:
(252)637-2727
4f. Email Address:"
JohnThomas@ThomasEngineeringPA.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Bluewater Rise
1c. Nearest municipality / town:
New Bern
2. Project Identification
2a. Property Identification Number:
7-106-001
2c. Project Address
Street Address
2009 Snapper Street
Address Line 2
City
New Bern
Postal / Zip Code
28562
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Brice Creek (27-101-40-(1)
3b. Water Resources Classification of nearest receiving water:*
QSW;NSW
State / Province / Region
NC
Country
United States
2f. Fax Number:
(910)455-6325
State / Province / Region
NC
Country
United States
4e. Fax Number:
(252)636-2448
2b. Property size:
577.26
State / Province / Region
NC
Country
United States
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202040304
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: *
This site is currently a crossing of the blue -line stream with associated wetlands. There is an old gravel forestry road and small, undersized crossing pipe. The gravel road is low in
elevation and floods frequently and is frequently impassable.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2016-01597, DWR# 2016-0325 V2
4f. List the total estimated acreage of all existing wetlands on the property:
140
4g. List the total estimated linear feet of all existing streams on the property:
6400
4h. Explain the purpose of the proposed project:
The purpose of this project is to upgrade and widen the existing old gravel forestry road crossing to a permanent road crossing with culvert to support a residential road crossing to the
back portion of this site for residential development. An additional 400 lots will be added to the subdivision with this crossing. An additional property access will be installed onto County
Line Road as two access points are required by the municipality.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
This crossing will be installed using excavators, backhoes, bulldozers, and similiar construction equipment necessary to install the pipe, headwalls, bring up the roadway fill, stabilize the
slopes, and install rip -rap protection as required.
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:
SAW-2016-01597
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Gary H. Beecher
Agency/Consultant Company: USACE
Other: 910-251-4629(phone)
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
August 18, 2016
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
No further crossings or impacted are needed for this subdivision site/property.
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 further impacts are needed for this subdivision property.
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
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition"
29• Impact
area *
Roadway Crossing Fill
P
Unknown
Unknown
Yes
Corps
0.149
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.149
2g. Total Wetland Impact
0.149
21. Comments:
Wetland impacts are for the roadway fill and slopes to support a standard City of New Bern subdivision road and associated minimal, rip rap protected
slopes.
3. Stream Impacts
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
Roadway Crossing Fill
Permanent
Culvert
Unnamed tributary of Brice
Creek
Perennial
:::]
Corps
14
Average (feet)
90
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
90 0
3i. Total stream and ditch impacts:
90
3j. Comments:
The existing 30" corrugated metal pipe at this crossing is drastically undersized and normally inundated. The roadway floods regularly seasonally and
during heavy rain events. The proposal is to upgrade the crossing site and install two (2) 72" diameter pipes with concrete headwalls, which are more
typically sized for the extensize upstream drainage area.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Roadway fill and fill slopes w/ rip rap
P
Unnamed tributary of Brice Creek
No
5,377
3,347
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 5,377.00 3,347.00
Zone 1 Zone 2
Total combined buffer impacts: 5,377.00 3,347.00
6i. Comments:
Buffer clearing and fill required to make roadway crossing and support roadway, sidewalk, and shoulders.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
u
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
We are proposing to cross the blue -line stream/wetlands in the area where there is an existing upland crossing. The impacts are due to the upgraded,
permanent roadway, sidewalk, slopes, etc. The slopes will be kept at minimum accepted by the municipality and protected with rip rap to minimize the
footprint.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing and construction fencing will be utilized to isolate the area and to minimize the impacted area to that amount which is vital and necessary.
Check dams will be installed up and downstream of the crossing and converted to inlet and outlet protection post construction. Stabilization will be
completed as soon as the fill is brought up and slopes/shoulders graded out to plan elevations. Silt fencing to be inspected and maintained daily.
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
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan including mitigation credits generated.
We have investigated payment to mitigation bank to compensate for the impacted area. However, we cannot find a mitigation bank in this area that offers
riparian wetland mitigation credits. Therefore, we would like to offer the mapping and deeding of a conservation easement to mitigate for these impacts.
The conservation easement will be over a portion of onsite wetlands in close proximity to the subject crossing site, and be at a 10:1 ratio. As such, 0.149
acres of wetlands are impacted so 1.49 acres will be included in the conservation easement.
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
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
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?
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 (SMP) 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
Phasell NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of New Bern Stormwater Permit
State Stormwater Programs
Phase II Coastal Counties
HWO or ORW Other
Comments:
This site is between two high density projects. The first side of the crossing is currently permitted under City of New Bern Stormwater Permit No. 127 and State Stormwater Permit No.
SW7190911. The second side of the crossing is currently in the design phase, but will again be dually permitted through the State of NC Storwmater program and the City of New Bern
Stormwater Program and be high density with several wet detention basins.
G. Supplementary Information
1. Environmental Documentation
1a. 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.
As mentioned earlier, this is the only crossing site necessary to access the back portions of the property. An additional entrance will be installed directly
to County Line Road as required by the City of New Bern.
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
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 construction/installation of a wind turbine(s)?*
Yes No
51. 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?
USFWS
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?
USFWS
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 Department of Natural and Cultural Resources
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
Project will raise roadway elevation above the 100-yr floodplain elevation.
8c. What source(s) did you use to make the floodplain determination?*
Online FRIS and map download
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 drop files here to attach document
2015_11_23_Craven 32 recorded map.pdf
3.46MB
BluewaterRise_RevisedBufferAuth_8-28-18.pdf
6.35MB
2016_08_18 SAW-2016-01597-AJD.pdf
1.8MB
BR_BackCrossingPlans_Original_10-6-21.pdf
5.21 MB
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:
Anthony W. Sydes
Signature
Date
11 /10/2021