HomeMy WebLinkAbout20221162 Ver 1_ePCN Application_20220825DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
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.
Pre -Filing Meeting Date Request was submitted on:
6/1/2022
BIMS # Assigned* Version#*
20221162 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
la. Name of project:
2095 US 1 Franklinton Landfill 0
la. Who is the Primary Contact?*
Adam Carter
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
lb. Primary Contact Email:* lc. Primary Contact Phone:*
Adam@wetlandnc.com (910)890-2779
Date Submitted
8/25/2022
Nearest Body of Water
Cedar Creek
Basin
Tar -Pamlico
Water Classification
C;NSW
Site Coordinates
Latitude: Longitude:
36.068289 -78.487787
A. Processing Information
County (or Counties) where the project is located:
Franklin
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
la. 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)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Are you a federal applicant?*
Yes No
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act. *
na
Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments
NWP Numbers (for multiple NWPS):
ld. 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:
If. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. 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
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. 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:
WJD HOLDINGS LLC
2b. Deed book and page no.:
Deed2192, Page398
2c. Contact Person:
Dan Wall
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
2310 Garner Road
Address Line 2
City
Raleigh Rd
Postal / Zip Code
27610
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
(336)504-3355
2g. Email Address: *
dan@wallrecycling.com
4. Agent/Consultant (if applicable)
4a. Name:
Samuel Adam Carter
4b. Business Name:
Wetland Solutions, LLC
4c. Address
Street Address
P.O. Box 244
Address Line 2
City
Bunnlevel
Postal / Zip Code
28323
4d. Telephone Number:
(910)890-2779
4f. Email Address: *
Adam@wetlandnc.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Franklinton
2. Project Identification
2a. Property Identification Number:
1854-13-3715
2c. Project Address
Street Address
2095 US 1
Address Line 2
City
Franklinton 1
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?*
2b. Property size:
39.57
State / Province / Region
NC
Country
USA
Tar -Pamlico
3d. Please provide the 12-digit HUC in which the project is located.
030201010401 Upper Cedar Creek
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:*
The site is in the middle of and industrial mining complex area abutting parcel are forested or either active mines.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4b(2). Is Any Portion of the Work Already Complete?*
Yes No
If yes, describe the completed work.
4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401.
4f. List the total estimated acreage of all existing wetlands on the property:
1 .56
4g. List the total estimated linear feet of all existing streams on the property:
1,678 ft
4h. Explain the purpose of the proposed project: *
The purpose of this project is to open LCID land fill for the public to help with waste in future high residential growth area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will consist of digging a massive hole in the landscape. excavators and bulldozers will be utilized for the construction of the pit.
4k. Will this activity involve dredging in wetlands or waters?*
Yes No
If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
Headwater wetlands
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
ID SAW-2022-01177
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Samuel Adam Carter
Wetland Solutions, LLC
Yes No
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
7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list)
8. Scheduling of Activity:
When permit is issued will be when activities will start.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
Buffers
2. Wetland Impacts
2a. Site #* (?)
2a1 Reason (9)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Landfill
P
Headwater Forest
Upper Cedar Creek
Yes
Both
0.000
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.000
2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
No discharge with exception of stormwater
2i. Comments:
Large depression mine pit that will be lined and filled. See attached site plan.
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.000
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Landfill
Permanent
Excavation
Upper Cedar Creek
Perennial
Both
0
Average (feet)
1,678
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
1,678
3i. Total stream and ditch impacts:
1
3i. Total cubic yard stream impacts:*
0
3j. Comments:
3g 3i and 4g where left blank. BJS
4g. Total cubic yard open water impacts: *
0
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
3i. Total temporary stream impacts:
0
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Excavate
P
UT to Upper Cedar Creek
Yes
73,616
50,529
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
Zone 1
0.00
Zone 1
73,616.00
Zone 2
0.00
Zone 2
50,529.00
Zone 1 Zone 2
73,616.00
50,529.00
6i. 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:
After reviewing regional needs and local option in the local community this was the most viable site location for the mine is to stay within the industrial
park complex. All other option would have increased environment impacts or would have not met future growth plans within the general area.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
We will use BMPs to help manage all hydrologic regimes within the site by retaining all storm water. Then well and slow release back into offsite wetland.
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
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?
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
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.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
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
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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPAC
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? *
NOAAs Essential Fish 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?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO web mapping application
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
Franklin County GIS
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
2095 US 1 Franklinton_Habitat Assessment.pdf
2095 US 1 Franklinton_IPAC.pdf
2095 US 1 Franklinton_Parcel details.pdf
Agent Athorization.pdf
Franklinton Form_JD Request Signed.pdf
Franklinton Form_UplandDatasheets_Atlantic_andGulf Coastal_PlainFillable.pdf
Fran kl i nton_Wetland_Datas heets_Atlantic_and_G ulf_Coasta I_P I ai n_F i I labl e. pdf
Franklinton_Wetland_Removal- Volume (4).pdf
NCDMS Credit Request form8_25_2022.pdf
Stream Credit Statement of Availibilty for WJD Holdings 8-19-22.pdf
US 1 Franklinton PJD_20220818.pdf
US_1_Franklinton Fig 1 - Location_20220818.pdf
US_1_Franklinton Fig 2a- Wetlands_20220818.pdf
US_1_Franklinton Fig 2b - Wetlands_ Landfill_20220818.pdf
US_1_Franklinton Fig 2c- Buffer Impacts.pdf
US_1_Franklinton Fig 3 - Topo_20220818.pdf
US_1_Franklinton Fig 4 - Soil_20220818.pdf
US_1_Franklinton Fig 5 - NWI_20220818.pdf
US_1_Franklinton Fig 6 - Flood_20220818.pdf
US_1_Franklinton Soil Map.pdf
US_1_Franklinton Soil Report.pdf
File must be PDF or KMZ
Comments
All wetlands and streams will be impacted permanently. Please see attached maps for details
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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:
Samuel Adam Carter
Signature
Date
8/25/2022