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HomeMy WebLinkAbout20191645 Ver 4_ePCN Application_20230207DWR 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: 7/25/2022 BIMS # Assigned* Version#* 20191645 4 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* Wilmington Regional Office - (910) 796-7215 Holley Snider:eads\hasnider:Holley.Snider@ncdenr.gov Information for Initial Review la. Name of project: Compass Pointe - Phase 3 - Borrow Pit Area la. Who is the Primary Contact?* Tom Gulley lb. Primary Contact Email:* lc. Primary Contact Phone:* tgulley@gmail.com (910)297-1282 Date Submitted 2/7/2023 Nearest Body of Water Alligator Branch Basin Cape Fear Water Classification C;Sw Site Coordinates Latitude: Longitude: 34.268082 -78.079954 A. Processing Information County (or Counties) where the project is located: Brunswick 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 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 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 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: CP Brunswick LLC 2b. Deed book and page no.: DB 3549, PG 232 2c. Contact Person: Bobby Harrelson 401 Water Quality Certification - Express Riparian Buffer Authorization Unknown Yes No Yes No 2d. Address Street Address 115 N 3rd St Ste 300 Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28401-4086 USA 2e. Telephone Number: 2f. Fax Number: (910)540-8058 2g. Email Address: * bobjo58@aol.com 3. Applicant Information (if different from owner) 3a. Name: Steve Saieed 3b. Business Name: RENAISSANCE LIFESTYLE LLC 3c. Address Street Address PO BOX 17566 Address Line 2 City RALEIGH Postal / Zip Code 27619-7566 3d. Telephone Number: (910)297-1282 3f. Email Address: * ssaieed@renlifestylellc.com 4. Agent/Consultant (if applicable) 4a. Name: Tom Gulley 4b. Business Name: Needham & Gulley Environmental, PLLC 4c. Address Street Address PO Box 960 Address Line 2 City Wilmington Postal / Zip Code 28402 4d. Telephone Number: (910)297-1282 4f. Email Address: * tgulley@gmail.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1 b. Subdivision name: (if appropriate) Compass Pointe lc. Nearest municipality / town: Leland 2. Project Identification 2a. Property Identification Number: 0220002270 2b. Property size: 34.14 2c. Project Address Street Address End of East Oak Bridge Way Address Line 2 City Leland Postal / Zip Code 28451 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Alligator Branch 3b. Water Resources Classification of nearest receiving water: * C;Sw 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. 030300050406 4. Project Description and History State / Province / Region NC Country 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 upland areas have been cleared with a silt fence placed at the edge of the approved wetland line. The wetland areas remain naturally wooded. There is also an open borrow pit on the property that was used by NCDOT for the construction of the adjacent 1-140 to the east. Surrounding is an existing subdivision with roads, homes, a golf course, etc. It is within a larger development. There is an industrial park and a residential development to the east and Hwy 74/76 to the south. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). There were 2 NWPs issued on Phases 19 and 20 of Compass Point on the western side of this large +1,100 acre subdivision/golf course. These 2 previous permits are on the portion of the project that is accessed by the western entrance of Hwy 74/76. This proposed NWP is the in the eastern corner of the project and is accessed from the eastern entrance of Hwy 74/76. 4f. List the total estimated acreage of all existing wetlands on the property: There is approximately 1.7 acres of wetalnds in this Phase/Phase 3 4g. List the total estimated linear feet of all existing streams on the property: There are no streams in this Phase/Phase 3 4h. Explain the purpose of the proposed project: * This project is a residential development to create 21 lots with a road. The lots are single -loaded on one side of the road. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Typical building, land clearing, and road construction equipment. The Lots and roads will be graded, roads will be constructed, and utilities will be installed. Typical construction and equipment used for the construction of a subdivision. The golf course construction and roads leading to this section have already been completed to this section. 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: SAW-2007-03075 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Tom Gulley Needham & Gulley Environmental, PLLC Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR COE JD issued on August 24, 2020 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. This is a larger development/golf course project of over 1,100 acres as described above. There may be future phases. 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? None for this section/phase or any sections leading to this section/phase. 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* F1 Road Fill P Pocosin Road Fill Yes Both 0.130 (acres) F2 Lot Fill P Pocosin Lot Fill Yes Both 0.020 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.150 2i. Comments: 2g. Total Permanent Wetland Impact 0.150 Fill for road to access lots 1-5. There is a small amount of proposed lot fill, approximately 0.02 acres, on the front of proposed lots 4 & 5 which are remaining wetlands that would be cut off from the larger, remaining wetland after the road fill/construction. 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: All wetland impacts were avoided in previous phases from the eastern entrance of this large development/golf course. Two elevated wooden bridges were constructed where shown on the attached 2021 aerial photo to avoid any wetland impacts at these two wetland crossings. The road connecting to the existing development was placed within the old existng timber road crossing to avoid any wetland impacts. A wooden, elevated walkway constructed on driven piles will be used to provide a sidewalk along this section of the road to avoid wetland impacts outside of the old timber road crossing as shown. The proposed road is only single -loaded to avoid any lot fill. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A retaining wall will be used along the edge of the road and along the edge of the wetland impact to reduce the size of the wetland impact by avoiding sidesloping that would create a larger footprint. Also, the elevated walkway and bridges mentioned above are construction techniques used to avoid impacts. 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 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Lower Cape Fear Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.15 3c. Comments Compensatory Mitigation proposed at a 1:1 ratio due to previous and proposed avoidance and minimization. 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: This is not in a protected NC Buffer watershed 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 State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: This phase is permitted under SW8 220602 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 phase is surrounded by existing developed phases, a borrow pit, and 1-140. 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 5d. Is another Federal agency involved? * Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Various sites linked from the Wilmington District - ESA website 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? * USF&W EFH map 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?* HPOWEB 2.0 website 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?* Link to the FEMA Floodplain Maps: 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 Compass Pointe Phase 3 PCN Cover leter.pdf CP - PH3 Harbor Cove PCN Docs.pdf File must be PDF or KMZ Comments This property is being sold to Renaissance Lifestyle LLC (Steve Saieed), who is listed as the applicant. Signature 70.55KB 8.49MB 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: James T Gulley Jr Signature �yer�Z'u!!c7t Date 2/7/2023 Needham & Gulley Environmental, PLLC Robert N. Needham, PWS 9100 Charlestown Rd. SE Winnabow, NC 28479 Office/Fax (910)371-6082 needhambud@ec.rr. com Gary Beecher US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Tom Gulley, NCLSS#1256 P.O. Box 960 Wilmington, NC 28402 Office/Fax (910)795-0319 tgulley@gmail.com February 6, 2023 RE: PCN for Compass Pointe Phase 3, Brunswick County, North Carolina. Dear Gary: This PCN submittal and Nationwide 29 Permit request is for Phase 3 in Compass Point. This phase is on the opposite side of the large subdivision and golf course, which is over 1000 acres in size, from the previous NWPs issued, which is accessed from the western entrance from US Hwy 74/76. This small phase is leftover upland areas around a borrow pit used for material for the construction of the adjacent Interstate 140. This is the older, original section of this development and is accessed from the eastern entrance from US Hwy 74/76. There are not any previous wetland impacts in this or surrounding phases accessed from this eastern entrance. This PCN submittal is for 0.15 acres of total wetland impact for the construction of a road. There is a small area of lot fill, less than 0.02 acres, which would be severed from the remaining wetlands due to the construction of the road. Due to the wetland impact avoidance using bridges for wetland crossings in the phases leading to this proposed, remaining phase, locating the road connecting this phase in an upland area of an existing road, the use of an elevated walkway constructed on piles to avoid impacts from the required sidewalk/walkway along the connecting road, and the use of a retaining will along the wetland fill area to reduce the wetland fill footprint by eliminating sideslopes, I am proposing compensatory mitigation at a 1:1 ratio. If you have any questions or concerns, please contact me at (910)795-0319, (910)297-1282, or by e-mail at tgulley(r gmail.com. Sincerely, - J b'o'.Al I I - J. Tom Gulley, Jr. North Carolina Soil Scientist License# 1256 t"' SITE Map Source: Brunswick County GIS Online CP Brunswick, LLC PID: 0220002270 Compass Pointe S/D - PH3 Leland, NC SITE Needham & Gulley Environmental, PLLC Environmental Consultants Wilmington, NC February 2023 1"-3000' Site Location U. N 03-12-014/SOUTHEASTERNPCN Package.cdr 2022 Tax Card 2021 Tax Card 2020 Tax Card 2019 Tax Card Parcel Information ParcelID: 0220002270 Parcel PIN: 217920SOC476 Ca Ic. Acreage: 34.14 Legal Description TR-B-8 34.14 AC PL-138/2 Owner Information Owner Name: CP BRUNSWICK LLC Mailing Address: 115 N 3RD ST STE 3D0 WILMINGTON,NC 28401-4076 7oorn to Project boundary shown in Blue. Map Source: Brunswick County GIS Online CP Brunswick, LLC Needham $ Gulley Environmental, PLLC PID: 0220002270 Environmental Consultants Project Boundary Map Compass Pointe S/D - PH3 Wilmington, NC with Ownership Info Leland, NC February 2023 03-12-014/SOUTH EASTERNPCN Package.cdr rd' jr- r� r - BRIDGES PREVIQUSLY CONSTRUCTED OVER - ETLAN ,7:_ , 1 W o�*K�P�►-�i- _ r tf a • � ■ ■ ■ _ or •� "fir �" � 1 " 400' Map Source: Brunswick County GIS Online 0 CP Brunswick, LLC Needham $ Gulley Environmental, PLLC PID: 0220002270 Environmental Consultants Compass Pointe S/D - PH3 Wilmington, NC 2021 Color Aerial Leland, NC February 2023 (Current Conditions) 03-12-014/SOUTH EASTERN PCN Package.cdr ` ; .. r EXISTING PHASE I SECTfON 2 f f :. ( ,. EXSTIE PHASE I +�1f PHAS PI - '• — _, � SECTION 3 wAw O� 1-- , WALL =r-N ^-•. �-AmENITY �_�i��. Q - POND �����'�^� PON (/ a9 tAno NTs A !� n _ rt I-oPE NOT N --u -- AMENITY.,. o COMts 'P®_ IY POND r r r r r rr r� rr r r r rl r r r �aCpFEPTY ^ ~ r 90LNOART all r� r r INTERSTATE 140 O Map Source: Cape Fear Engineering CP Brunswick, LLC Needham $ Gulley Environmental, PLLC PID: 0220002270 Environmental Consultants Compass Pointe S/D - PH3 Wilmington, NC Project Site Plan Leland, NC February 2023 03-12-014/SOUTH EASTERN PCN Package.cdr Road and Sloping Placed Retaining Wall to in old Road Crossing to Reduce Wetland Impacts Avoid Any Wetland Impacts Sf 64EL7 G3 PCQ COMNJATICM OF QCAD 2 i rg 76 - $TOQMJJA7 NMT 6t ., POW.9 ' .I1f62bLNDAR7 TM� 5b s5 Elevated Timber Walkway r ss : 53 RYPL mil Constructed on Driven Piles to Avoid) Wetland Impacts of Sidewalk Adjacent to Entrance Ro x Will be elevated at least 12" above- ®� the existing wetland grade. WETLAND FILL 5EE sir as FOR CCI ML 7T OF Qom I 78 - ME - - P., - C01��4SS ' ®. W roxirma. M i ro 1 a, a .02 a 1 11 of the 64 POI�'T£ - SY n n eF cry •u 'A Sa 3 eo _ .. ... .-- b c.nm - — _ - -- .< MWASS PONM PHA:4E 3 QOAO 4 STA lo°oo To 24+00 PROPOSED ROAD 2 655-ID31 G2 F1 = 0.13 Acres of Proposed, Permanent Wetland Rod Fill Shown In Yellow 00 e 0.02 Acres of Proposed, Permanent WeU and Loa Dill Shown In Green Map Source: Cape Fear Engineering CP Brunswick, LLC Needham $ Gulley Environmental, PLLC PID: 0220002270 Environmental Consultants Wetland Impact Map Compass Pointe S/D - PH3 Wilmington, NC Road Fill Leland, NC February 2023 03-12-014/SOUTH EASTERN PCN Package.cdr $/19/22, 9:32 AM Gmail - 401/Buffer Pre -filing Meeting Request MGmail Tom Gulley tgulley@gmail.com> 4011Buffer Pre -filing Meeting Request Tom Gulley <tgulley@gmail.com> Mon, Jul 25, 2022 at 9:00 PM To: 401 PreFile@ncdenr.gov Please fill out the following information: Project Name: Compass Pointe Section 3 (Borrow Pit Area) County: Brunswick Applicant Name: Tom Gulley Applicant Email: tgulley@gmail.com **Please note that multiple projects may be submitted within the same email by supplying all the above information for each project. ***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if necessary use that copy in application/form submittal. Needham Environmental, Inc. Main Office/Fax {910} 795-0319 Tom Gulley -- tgulley@grnail.com P.O. Box 960, Wilmington, NC. 28402 Agent Authorization Form TO WHOM IT MAY CONCERN: 1/we, the undersigned, hereby authorize Needham Environmental, Inc. to act as our agent in the preparation and representation of information related to the tract listed below. This authorization grants permission for the USACE to enter the property for the purposes of jurisdictional wetlands determination as well as review of any areas that may be included in a 404/401 or CAMA permits. This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by staff of Needham Environmental, Inc. TRACT NAME: �� Sry r+Sw',C Lid Od O ?� c9 0� D U� a �y� TRACT LOCATION: �o,�c-�S �o :f�►'�c ko D ( 1 ��►l.Jw ` �iiv? GA&.nFA) P dam' Z tJ E OWNER/APPLICANT: Cp Qay.NS W , L1L L wrrt WS d n SIGNATURE: 7 DATE:i��r�