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HomeMy WebLinkAbout20221141 Ver 1_ePCN Application_20220819Pre -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: 1/7/2022 BIMS # Assigned * 20221141 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: Magnolia Acres Subdivision la. Who is the Primary Contact?* Greg Bagley 1b. Primary Contact Email:* lc. Primary Contact Phone:* gdb.greg@gmail.com (919)609-0300 Date Submitted 8/19/2022 Nearest Body of Water Avents Creek Basin Cape Fear Water Classification WS-IV;HQW Site Coordinates Latitude: 35.49221533 A. Processing Information Longitude: -78.89766725 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 39 - Commercial/Institutional 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?* 0 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 0 No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes 0 No lh. Is the project located in any of NC's twenty coastal counties? 0 Yes O No 1j. Is the project located in a designated trout watershed? 0 Yes 0 No B. Applicant Information 0Yes ®No 0 Yes 0 No Id. Who is applying for the permit? 0 Owner EO Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 0 Yes 0 No 2. Owner Information 2a. Name(s) on recorded deed: ZONE 4 PROPERTIES LLC 2b. Deed book and page no.: 4159:1087 2c. Contact Person: 2d. Address Street Address 13692 NC HIGHWAY 96 N Address Line 2 City ZEBULON Postal / Zip Code 27597 State / Province / Region NC Country USA 2e. Telephone Number: (919)609-0300 2f. Fax Number: 2g. Email Address:* gdb.greg@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Greg Bagley 3b. Business Name: 3c. Address Street Address 805 COKESBURY RD Address Line 2 City FUQUAY VARINA Postal / Zip Code 27526 3d. Telephone Number: (919)609-0300 3f. Email Address:* gdb.greg@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Krissina Newcomb 4b. Business Name: Hal Owen & Associates, Inc. 4c. Address Street Address PO Box 400 Address Line 2 City Lillington Postal / Zip Code 27546 4d. Telephone Number: (910)893-8743 4f. Email Address: * krissina@halowensoil.com C. Project Information and Prior Project History State / Province / Region NC Country 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) Magnolia Acres 1c. Nearest municipality / town: Fuquay-varina 2. Project Identification 2a. Property Identification Number: 0633-04-8320 2b. Property size: 76.73 2c. Project Address Street Address COKESBURY RD FUQUAY-VARINA, NC 27526 Address Line 2 City FUQUAY-VARINA Postal / Zip Code 27526 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Avents Creek 3b. Water Resources Classification of nearest receiving water: * WS-IV;HQW 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. 030300040106 4. Project Description and History 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: * At the time of the investigation the site was wooded and undeveloped. Land use in the vicinity is wooded, agricultural, and residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* Construct a single-family residential subdivision connected by a road and utilities (58 lots). 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * At the proposed road crossing Magnolia Acres Lane (impact WW1) one 48ft long DBL 36" RCP @ 8% slope will be installed under the roadway. A 47ft long dissipater pad will be added at the outlet. Road crossing White Manolia Lane (impact W I#2) will have one 64ft long, 36" RCP at 2% slope installed beneath the roadway. A 28ft long dissipater pad will be added at the outlet. Road crossing Little Gem Lane (impact WI#3) consists of one 42ft long, 36" RCP @ 2% slope installed under the roadway. A 32ft long dissipater pad will be added at the outlet. Roads will be graded, culverts installed, roadway back filled and compacted, the roadway paved, and side slopes stabilized with vegetative planting. Typical construction equipment such as excavators, loaders, dump trucks, and graders will be utilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ) Preliminary ° Approved O Not Verified C Unknown 0 N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans Krissina Newcomb Hal Owen & Associates, Inc. 6a. Is this a phased project?* Yes O No 0 Unknown 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 future 401/404 permits are anticipated D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): O Wetlands J Streams -tributaries Ci 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* (?) 2g. Impact area* WI#2 fill P Headwater Forest G Yes Both 0.056 (acres) WI#3 fill P Headwater Forest C Yes Both 0.061 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.117 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.117 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 1 Permanent Culvert A Perennial Both 10 Average (feet) 48 (linear feet) S2 road crossing 1 Permanent Rip Rap Fill A Perennial Both 10 Average (feet) 47 (linear feet) S3 road crossing 2 Permanent Culvert A Perennial Both 8 Average (feet) 40 (linear feet) S4 road crossing 2 Permanent Rip Rap Fill A Perennial Both 8 Average (feet) 28 (linear feet) S5 road crossing 3 Permanent Culvert B Perennial Both 2 Average (feet) 32 (linear feet) S6 road crossing 3 Permanent Rip Rap Fill B Perennial Both 2 Average (feet) 18 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 213 3i. Total stream and ditch impacts: 213 3j. Comments: E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 0 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Wetlands, streams, and buffers were excluded from lots. Utilities were grouped in the road right of way. Detention basins and other stormwater controls were moved outside of all regulated streams and wetlands 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment and erosion control measures will be used, such as silt fencing, to protect water quality. Construction limits will be clearly marked through wetlands. No clearing will occur in wetlands outside of the proposed impact area. Construction and fill materials will be stored in upland areas. 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 O No 2c. If yes, mitigation is required by (check all that apply): O DWR OO Corps 2d. If yes, which mitigation option(s) will be used for this project? 0 Mitigation bank OO Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. • Yes No 4b. Stream mitigation requested: 426 4d. Buffer mitigation requested (DWR only): au :e feet) 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 0.234 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments 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: Cape Fear River Basin (HUC 03030004) is not subject. 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)7 OYes 0No 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. This residential development is relatively small and will not likely affect regional growth patterns. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* OYes 1NoON/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. Onsite subsurface sewage waste disposal, each system designed to treat and dispose of 360 to 480 gallons of effluent per day. 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 O No 5b. Have you checked with the USFWS conceming Endangered Species Act impacts?* O Yes O No Sc. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* O Yes 5e. Is this a DOT project located within Division's 1-8? 0 Yes ® No O No 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? 0 Yes ® No 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.? OYes 0No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US FWS iPaC (https://ecos.fws.gov/ipac/ ). NC Natural Heritage Program (https://ncnhde.natureserve.org/) 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* O Yes ® No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Habitat Conservation National Marine Fisheries Service https://www.habitat. noaa.gov/apps/efhmapper/ 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 !i No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC State Historic Preservation Office (http://gis.ncdcr.gov/hpoweb/) 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* 0 Yes J No 8c. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System (https://fris.nc.gov/fris/ ) https://msc.fema.gov/portal/search 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 File must be PDF or KMZ Comments Signature Z 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: Krissina Newcomb Signature Date 8/19/2022 Sign