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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