HomeMy WebLinkAbout20221387 Ver 1_ePCN Application_20221005DWR
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:
6/24/2022
BIMS # Assigned* Version#*
20221387 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Fayetteville Regional Office - (910) 433-3300 Chad Turlington:eads\ccturlington
Information for Initial Review
la. Name of project:
White Oak Creek Crossing Subdivision
la. Who is the Primary Contact?*
Brian K. Edwards, PE
lb. Primary Contact Email:* lc. Primary Contact Phone:*
bedwards@riversandassociates.com (252)752-4135
Date Submitted
10/5/2022
Nearest Body of Water
Neills Creek
Basin
Cape Fear
Water Classification
W S-I V
Site Coordinates
Latitude:
35.525500
A. Processing Information
County (or Counties) where the project is located:
Harnett
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-78.742900
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
Nationwide Permit (NWP) Number: 29 - Residential 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:
1f. 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
ld. 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:
STEPHENSON DWIGHT + WHITE OAK CREEK CROSSING LLC
2b. Deed book and page no.:
2179 : 0585 (Stephenson) + 4131 : 0669 (WOCC)
2c. Contact Person:
Vann Stephenson
2d. Address
Street Address
1251 N RALEIGH ST
Address Line 2
City
ANGIER
Postal / Zip Code
27501
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number:
(919)632-8884
2f. Fax Number:
2g. Email Address: *
yannstephenson@aol.com
4. Agent/Consultant (if applicable)
4a. Name:
Brian K. Edwards, PE
4b. Business Name:
Rivers and Associates, Inc
4c. Address
Street Address
353 E Six Forks Rd Ste 230
Address Line 2
City
Raleigh
Postal / Zip Code
27609
4d. Telephone Number:
(252)752-4135
4f. Email Address: *
bedwards@riyersandassociates.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)
White Oak Creek Crossing Subdivision
lc. Nearest municipality / town:
Angier
2. Project Identification
2a. Property Identification Number:
0674-46-8078 + 0674-25-9617
2c. Project Address
Street Address
1251 N RALEIGH ST
Address Line 2
City
Angier
Postal / Zip Code
27501
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Neills Creek
3b. Water Resources Classification of nearest receiving water: *
W S-I V
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.
03030004-0501
4. Project Description and History
2b. Property size:
77
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: *
The 77-acre project site is roughly 2/3 agricultural land and 1/3 forest, with a single-family home, a mobile home, and farm buildings on the eastern portion. Adjacent lands are single family
residential, agricultural, and forest. NC -DOT owns a 300-ft wide right-of-way (10 acres) through the middle of the site for the proposed NC-55 bypass around Angier. The site drains
southward and westward into unnamed tributaries of Neills Creek.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
1.25
4g. List the total estimated linear feet of all existing streams on the property:
3928
4h. Explain the purpose of the proposed project:*
Single-family and multi -family residential development, and future commercial development with access from Raleigh Road, Rawls Church Rd, and the future NC-55 Bypass.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Mass grading of site and construction of infrastructure including roadways, utilities, and padded lots for residential and commercial development. Typical mass grading equipment to be
utilized includes dump trucks, backhoe loaders, and excavators.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
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:
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?*
Yes No
Unknown
6b. If yes, explain.
Phase 1 development east of the central pond and west of the future NC-55 bypass are shown on the site plan. Design of Phase 2 development in the central part of the site is pending,
but all roads and utility impacts to waters are shown, and no additional impacts to waters will occur in Phase 2.
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
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W-1
fill, residential lots
P
Headwater Forest
W-GK
Yes
Both
0.132
(acres)
W-1
fill, residential lots
T
Headwater Forest
W-GK
Yes
Both
0.012
(acres)
W-2
fill, road grading
P
Headwater Forest
W-GX
Yes
Both
0.039
(acres)
W-3
fill, road crossing
P
Seep
W-GM
No
Both
0.022
(acres)
W-5
fill, commercial lots
P
Headwater Forest
W-GS
Yes
Both
0.109
(acres)
W-6
fill,road and resid. lots
P
Headwater Forest
W-GJ
Yes
Both
0.044
(acres)
W-8
fill, road crossing
P
Floodplain Pool
W-GZ
Yes
Both
0.059
(agree)
W-8
fill, road crossing
T
Floodplain Pool
W-GZ
Yes
Both
0.013
(acres)
W-10
fill, residential lots
P
Seep
W-GL
No
Both
0.006
(acres)
2g. Total Temporary Wetland Impact
0.025
2g. Total Wetland Impact
0.436
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.411
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
fill, road crossing
Permanent
Fill
S-7
Perennial
Both
8
Average (feet)
82
(linear feet)
S2
Culvert Rip rap
Temporary
Rip Rap Fill
S-7b
Perennial
Both
8
Average (feet)
15
(linear feet)
S3
Culvert Rip rap
Temporary
Rip Rap Fill
S-7a
Perennial
Both
8
Average (feet)
25
(linear feet)
S4
Trail, Utility Crossing
Permanent
Other
S-9
Perennial
Both
4
Average (feet)
35
(linear feet)
S5
fill, road crossing
Permanent
Fill
S-12
Perennial
Both
4
Average (feet)
80
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
197
3i. Total stream and ditch impacts:
237
3j. Comments:
4. Open Water Impacts
3i. Total temporary stream impacts:
40
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
P1
Fill, road crossing
P
P-4
Fill
Pond
0.02
P2
Utility line crossing
P
P-11
Fill
Pond
0.01
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.03
4h. Comments:
E. Impact Justification and Mitigation
4g. Total permanent open water impacts:
0.03
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
1. The cross section of the site entrance roadways are designed as narrow as allowed by the governing local jurisdictional to aid in avoidance and
impact minimization of potential wetlands GZ, GX, and GM. The alignments of Oriole Drive and Purple Martin Drive are set such that each road shall be
constructed as close to the existing adjacent property boundary as possible to aid in impact avoidance and minimization of potential onsite wetlands and
open waters.
• Oriole Drive within the western portion of the development, off of Rawls Church Road (SR1415) is situated along the southern property boundary to
help avoid potential wetland GZ. The vertical alignment of Oriole Drive and the proposed retaining walls at stationing 13+00 to 15+50 minimize the
impacts to potential wetland GZ and the Neill's Creek (stream S1) roadway crossing.
• Initial conceptual designs utilized a small wet pond north of Oriole Drive at approximate station 15+00 to avoid storm conveyance pipes perpendicular
to the Neill's Creek crossing. Once potential wetland GZ was identified, roadway drainage was proposed to be re-routed to the dry pond at Station 17+00
to avoid complete infill of potential wetland GZ.
• Purple Martin Drive within the eastern portion of the development with access to North Raleigh Street (NC 55), is aligned with the adjacent Logans
Court as per Town of Angier and the North Carolina Department of Transportation requirements. Purple Martin Drive then enters the site along the
northern project boundary to avoid impacting potential wetland GK, and to minimize impacts to potential wetlands GM and GX. Where Purple Martin
Drive must cross the potential open waters pond directly downstream of wetland GM, an H-Post driven retaining wall along the southern right-of-way is
proposed to minimize permanent impacts and avoid temporary impacts that traditional retaining wall construction would require.
2. Initial site concept called for all pad graded lots, however lots 164 to 170 are proposed as crawl space lots, with minimal front yard slope, minimum
rear yard widths and maximum rear yard slopes to avoid impact of potential wetland GG and potential stream S-2W.
3. Bobwhite Court is positioned directly east of the potential open waters pond downstream of potential wetland GK. An H-Post driven retaining wall
along the western right-of-way is proposed to minimize permanent impacts and avoid additional temporary impacts that traditional retaining wall
construction would require.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
4. A sole three -unit townhome is proposed along the western right-of-way Bobwhite Court (Lots 49-51) with a side lot line retaining wall to minimize
impacts to potential wetland GK. While this impact is being accounted for within the aggregate % acres of allowable disturbance, in our opinion, this
feature should not be considered jurisdictional. The potential open water pond that potential wetland GK drains into was created during agricultural
development in the 1990s and is not natural.
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
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:
(linear feet)
197
4d. Buffer mitigation requested (DWR only):
(square feet)
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
.41
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
4h. Comments
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
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
If no, explain why:
Does not include
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
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Angier
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.
Angier and surrounding areas in northern Harnett County are growing due to proximity to the Research Triangle region. This proposed project will
provide much -needed housing in this area and small businesses within walking distance. Additional development will likely occur in the surrounding
area, but this project is not in itself expected to be a cause of additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/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.
Sanitary wastewater from the proposed homes and businesses will be conveyed via the existing Neills Creek sewer to the North Harnett County WWTP
which discharges into the Cape Fear River near Lillington. The Town of Angier has approved a sanitary allotment of 0.08136 MGD for the project in their
Planned Use Development approval.
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.
Raleigh
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?
The US-FWS IPaC Tool identifies four federal -listed endangered or threatened species of concern: The Red -cockaded woodpecker, Cape Fear shiner,
Atlantic pigtoe mussel, and Rough -leaf loosestrife. A Biological Assessment for these species is included in the attached letter.
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? *
NOAA-NMFS Essential Fish Habitat Mapping Tool indicates no EFH in the project vicinity
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?*
NCSHPO GIS Web service (HPOWeb 2.0) indicates one historic home within 1/2 mile of the project. Structure HT1046, mapped 600 ft south of the
project site, was demolished in 2019-2020. No archaeological survey was performed on the site to our knowledge.
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?*
FEMA Flood Risk Informaton System (FRIS) Map No. 3720067400K (Harnett Co Panel # 0674) shows no mapped flood hazard area on the project site.
The upstream limit of Zone AE flood risk mapping begins about 0.4 mile downstream of the project.
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
00_White Oak PCN Support Letter.pdf 947.13KB
01_AGENT_AUTHORIZATION_FORM.pdf 172.22KB
02_Prelim ORM Data Entry Angier-1.pdf 268.85KB
03_JD-Request Form-Angier.pdf 1.37MB
04_PJD-App2-Fillable.Angier-1.pdf 800.78KB
05_PJD+PCN Support Figures.pdf 1.4MB
06_WTL-UPL Data Forms.pdf 4.08MB
07_DWR 30-day Pre -File Email Angier.pdf 208.28KB
08.23.2022_Harnett - PJD - PCN - White Oak Creek Crossing .pdf 11.92MB
08_PCN.pdf 1.5MB
09_PCN Impacts Maps Angier-1.pdf 2.76MB
E+T Species Biol Rept GPottern.pdf 83.87KB
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:
Brian Keith Edwards
Signature
Date
10/5/2022