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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