HomeMy WebLinkAbout20230343 Ver 1_ePCN Application_20230306DWR
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:
2/2/2023
BIMS # Assigned * Version#*
20230343 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*
Wilmington Regional Office - (910) 796-7215 Holley Snider:Holley.Snider@ncdenr.gov
Information for Initial Review
la. Name of project:
Gladiolus Road Site
la. Who is the Primary Contact?*
Paul Masten - Terrain Environmental Consulting, PLLC
1b. Primary Contact Email: * lc. Primary Contact Phone: *
pmasten@terrainenv.com (910)512-1253
Date Submitted
3/6/2023
Nearest Body of Water
Ness Creek
Basin
Cape Fear
Water Classification
C;Sw
Site Coordinates
Latitude:
34.312270
A. Processing Information
Longitude:
-77.919994
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
New Hanover
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
1b. 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: 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
lh. Is the project located in any of NC's twenty coastal counties?
Yes No
li. 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
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:
Ashton & Avery LLC
2b. Deed book and page no.:
6145/459-462,6282/180-185
2c. Contact Person:
Jim Stone
2d. Address
Street Address
721 Squire Lane
Address Line 2
City
Wilmington
Postal / Zip Code
28411
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(910)443-1660
2g. Email Address:*
jstone4794@charter. net
3. Applicant Information (if different from owner)
3a. Name:
Eva Newton
3b. Business Name:
Castle Hayne Development Group, LLC
3c. Address
Street Address
PO Box 3289
Address Line 2
City
Pinehurst
Postal / Zip Code
28374
3d. Telephone Number:
(910)695-3694
3f. Email Address:*
eva@baselinedevelopment.com
4. Agent/Consultant (if applicable)
4a. Name:
Paul Masten
4b. Business Name:
Terrain Environmental Consulting, PLLC
4c. Address
Street Address
2014 Wrightsville Avenue
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
(910)512-1253
4f. Email Address: *
pmasten@te rrai nenv. 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
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Castle Hayne
2. Project Identification
2a. Property Identification Number:
R02500-002-009-000, R02500-002-009-003,
R02500-002-020-000, R2500-002-021-000,
and R2500-002-022-000
2b. Property size:
12.3
2c. Project Address
Street Address
3400 and 3404 Castle Hayne Road and 109, 111 and 119 Gladiolus Road
Address Line 2
City State / Province / Region
New Hanover County NC
Postal / Zip Code Country
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Ness Creek
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.
030300070807 and 030300070809
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 currently contains an abandoned house with a detached garage and undeveloped woods. The area around the house and garage are being used by a landscaping company for
equipment/material storage. The woods have been recently timbered. The general land use in the vicinity of the project consists primarily of low -density residential with some agriculture
and scattered commercial uses. GE has a large facility nearby to the northwest. The 1-140 bypass is also nearby to the north.
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:
1.88 ac
4g. List the total estimated linear feet of all existing streams on the property:
None
4h. Explain the purpose of the proposed project: *
The purpose of the project is to construct a commercial retail store, specifically a Tractor Supply Store.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Direct impacts to wetlands are associated with fill to create the necessary site footprint needed by Tractor Supply. No indirect impacts are anticipated. Construction equipment to be used
during construction will include typical grading and excavating equipment (graders, bulldozers, excavators), as well as cranes, front end loaders and other vehicles used to move materials
and assist with construction.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes No
Comments:
Delineation approved on January 10, 2023. PJD attached
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-2022-02693
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Paul Masten
Terrain Environmental
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD dated January 10, 2023 by Brad Shaver, US Army Corps of Engineers
6. Future Project Plans
6a. Is this a phased project? *
Yes OO 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 additional permits are anticipated
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
2. Wetland Impacts
Buffers
2a. Site # * (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
(?)
2g. Impact
area*
A
Fill
P
Hardwood Flat
WB
Yes
Both
0.270
(acres)
B
Fill
P
Hardwood Flat
WB
Yes
Both
0.030
(acres)
C
Fill
P
Hardwood Flat
WB
Yes
Both
0.080
(acres)
D
Fill
P
Small -Basin Wetland
WA
No
Both
0.110
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.490
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.490
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The original site plan included approximately 1.5 acres of wetland impact. The site was redesigned by shifting the building and associated parking and
drive lanes to the west and re -positioning the stormwater pond so that it fully avoided wetlands. This resulted in approximately one less acre of impact.
The final design results in 1.39 acres of avoidance.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sedimentation and erosion control measures will be implemented through a land disturbing permit to avoid non -permitted impacts to wetlands.
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:
Northeast Cape Fear Umbrella Mitigation Bank - Davis Tract
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Non -riparian wetland
Quantity:
0.87
3c. Comments
Wetland WA (Impact D) was determined to be low quality using NCWAM (sheet attached) thus 1:1 mitigation has been provided for those impacts.
Impacts A, B and C are provided mitigation at 2:1. NCWAM forms have been attached.
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:
Cape Fear River does not have Buffer Protection Rules
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:
Stormwater plan being prepared by Paramounte Engineering.
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.
The nature of the development itself is not anticipated to spur additional growth but rather looks to provide the area with a commercial use not currently
present/nearby.
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.
Wastewater disposal will be provided by CFPUA.
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
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?
Review of USFWS species list for New Hanover County and site observations made during the delineation.
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? *
NCDMF website
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 GIS map
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?*
NCFRIS GIS map
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
final signed Gladiolus Road PJD.pdf
22389.PE BASE 1-31-23.pdf
Fig 1 - site vicinity.pdf
Fig 2 - project site.pdf
Fig 3 - topo.pdf
Fig 4 - soils.pdf
Fig 5 - WOUS.pdf
NCWAM - WA.pdf
NCWAM - WB.pdf
File must be PDF or KMZ
Comments
1.17MB
2.77MB
1.4MB
1.85MB
1.58MB
1.82MB
1.83MB
502.35KB
502.37KB
Additional attachments include the signed PJD, wetland impact drawings, Figure 1 - Site Vicinity, Figure 2 - Project Site, Figure 3 - USGS Topography, Figure 4 - NRCS Soils, Figure 5 -
Waters of the US
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:
Paul Masten
Signature
Date
3/6/2023