Loading...
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 Signature 533.91 KB 647.27KB 357.53KB 337.87KB 293.34KB 444.02KB 447.82KB 1.92MB 918.09KB 195.49KB 135.25KB 1.67MB 2.12MB 2.8MB 744.61 KB 1.35MB 1.34MB 1.81 MB 865.76KB 409.13KB 632.53KB 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