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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