HomeMy WebLinkAbout20230418 Ver 1_ePCN Application_20230317DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
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:
9/24/2022
BIMS # Assigned
20230418
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - (910) 796-7215
Information for Initial Review
1a. Name of project:
Surfside Landing (formerly Queens Creek Road Assemblage)
1a. Who is the Primary Contact?*
Sean Clark
1b. Primary Contact Email: *
sclark@sageecological.com
Date Submitted
3/17/2023
Nearest Body of Water
Parrot Swamp
Basin
White Oak
Water Classification
SA: HQW
Site Coordinates
Latitude:
34.6721
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Onslow,
Is this a NCDMS Project
Yes No
Longitude:
-77.1937
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider:Holley.Snider@ncdenr.gov
1c. Primary Contact Phone: *
(919)559-1537
Is this project a public transportation project?*
Yes No
1a.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)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
1d. 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:
401 Water Quality Certification - Express
Riparian Buffer Authorization
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. 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:
Matthews, Christopher Todd Trustee
2b. Deed book and page no.:
DB: 5247, DP: 762, 765, 768, & 771
2c. Contact Person:
Christopher Todd Matthews
2d.Address
Street Address
620 Russell Street
Address Line 2
City State / Province / Region
Swansboro NC
Postal / Zip Code Country
28584 USA
Yes No
Yes No
2e. Telephone Number:
(910)330-8659
2g. Email Address:*
ematthewsl@ec.rr.com
4. Agent/Consultant (if applicable)
4a. Name:
Kim Hamlin
4b. Business Name:
Sage Ecological Services, Inc.
4c.Address
Street Address
3707 Swift Drive
Address Line 2
City
Raleigh
Postal / Zip Code
27606
4d. Telephone Number:
(919)622-7888
4f. Email Address:*
khamlin@sageecological.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Surfside Landing
1c. Nearest municipality / town:
Hubert
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number
2a. Property Identification Number:
2b. Property size:
see attached table
83.23
2c. Project Address
Street Address
764 Queens Creek Road
Address Line 2
City
State / Province / Region
Hubert
NC
Postal / Zip Code
Country
28539
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Parrot Swamp
3b. Water Resources Classification of nearest receiving water:
SA; HOW
3c. What river basin(s) is your project located in?
White Oak
3d. Please provide the 12-digit HUC in which the project is located.
030203010301
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 is comprised of six adjacent parcels. The center of the Site contains a large agricultural field. The northern portion of the Site contains stands of pine trees, and the western and
southern boundaries are dominated by hardwood trees. The topography of the Site ranges from +/- 5-30 feet above mean sea level (msl). Land use in the vicinity includes high -density
residential and forested, undeveloped land.
O
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:
15.82
4g. List the total estimated linear feet of all existing streams on the property:
4510
4h. Explain the purpose of the proposed project:*
The purpose of the Project is to construct two road crossings to access the upland portions of the Site for a residential development and associated infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The proposed Project involves construction of a residential development, internal roads, access roads, and associated utilities. Access to the Site will be provided by a connection to
Queens Creek Road to the east and interconnectivity of the Site will be provided from Smallwood Road in the northwest corner. The access connections from Queens Creek Road and
Smallwood Road will result in permanent wetland and stream impacts.
The Project proposes to tie into existing utilities adjacent to the Site. Typical equipment used in construction and utility projects (i.e., backhoes, excavators, dump trucks) will be utilized.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No 0 Unknown
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-2022-02298
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Gainey
Agency/Consultant Company: Sage Ecological Services, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
3/15/2023
6. Future Project Plans
6a. Is this a phased project?*
Yes 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?
N/A
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
?)
2g• Impact
area *
Road crossing - culvert
P
Headwater Forest
WA-1
Yes
Both
0.001
(acres)
Road Crossing -
T
Headwater Forest
WA-1
Yes
Both
0.008
temporary construction
(acres)
Road crossing - Riprap
Headwater Forest
WA-1
Yes
Both
0.006
pad
��P
(acres)
1=
Road crossing - Fill
P
Headwater Forest
WA-2
Yes
Both
0.053
(acres)
2g. Total Temporary Wetland Impact
0.008
2g. Total Permanent Wetland Impact
0.060
2g. Total Wetland Impact
0.068
2i. Comments:
Total proposed permanent wetland impacts are 0.06 acre due to permanent fill to construct two road crossings to access the Site. Total proposed
temporary wetland impacts due to a temporary construction easement to construct the road crossing at Impact Site A is 0.008 acre.
3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
length*
S1
A - Road Crossing -Culvert
Permanent
Culvert
SA
Perennial
Both
14
53
Average (feel)
(linear feet)
S2
A - Road Crossing -Riprap
Permanent
Rip Rap Fill
SA
Perennial
Both
29
Aveage (feet)
(linear feet)
S3
A - Road Crossing - :::Iff�]
Dewatering
SA
Perennial
Both
h;Q�;;]_
Dewatering
31. Total jurisdictional ditch impact in square feet
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
82 17
31. Total stream and ditch impacts:
99
3j. Comments:
Total proposed permanent impacts due to culvert construction is 53 LF (753 SF / 0.0173 ac). Total proposed permanent - no loss impacts due to a riprap
dissipator pad is 29 LF (226 SF / 0.0052 ac). Riprap will be installed flush with the existing stream bed elevation. Total proposed temporary stream
impacts due to dewatering to construct the roadway crossing is 17 LF (279 SF / 0.006 ac).
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
A wetland, stream, and riparian buffer delineation were performed to identify environmentally sensitive areas on the Site prior to site design. The Project
was designed to avoid & minimize impacts to jurisdictional features while meeting the goals of the residential development plan. The access road from
Queens Creek Road will utilize an existing culverted crossing which minimizes the impact to abutting streams and wetlands. The access road from
Smallwood Road is required by the municipality for interconnectivity and is aligned to make a four-way intersection with Gamble Way. The remaining
jurisdictional areas on the Site have been avoided through the implementation of steeper slopes and undeveloped open space.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Equipment
will be parked and cleaned in uplands away from jurisdictional areas. Work within jurisdictional areas will be conducted during periods when dry weather
is predicted, and large bare areas of soil will be reseeded and protected as soon as practicable. Silt fencing and sediment basins will also be used to
prevent sediment runoff into the stream and wetland areas.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed impacts are below thresholds requiring mitigation.
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:
The Project is within the White Oak River Basin which is not subject to state -regulated riparian buffers.
2. Stormwater Management Plan
(Z)
2a. Is this a NC DOT 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:
The stormwater management plan will be reviewed and approved by the state. The applicant requests the 401 Certification approval be conditioned to require the stormwater management
plan be approved before any impacts may be conducted.
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.
Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative
impact" since the project already in a developed landscape (i.e., existing residences and development in the vicinity) and the area already contains the
necessary infrastructure (i.e., sewer, water, electricity, etc.). The project drains to Parrot Swamp, which is Class SA; High Quality Waters (HOW). We
anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed.
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.
The Project proposes to tie into existing sewer infrastructure adjacent to the Site.
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?
According to the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) database, sixteen threatened and endangered
species and one Candidate species are potentially present on the Site. The Site is does not contain any marine, seaside, or marsh habitat; therefore,
habitat for West Indian manatee, piping plover, red knot, eastern black rail, green sea turtle, Kemp's Ridley sea turtle, leatherback sea turtle, loggerhead
sea turtle, and seabeach amaranth is not present on the Site. There are no open stands of older pines on the Site; therefore, habitat for red -cockaded
woodpecker is not present. There are no pocosins on the Site; therefore, habitat for pondberry and rough -leaved loosestrife is not present. Potential
habitat for Cooley's meadowrue may be present in the open areas of the Site along the southern boundary, but these areas are periodically maintained
for agriculture. Habitat for American alligator is not present on the Site. Potential habitat for monarch butterfly (Candidate) is present along the open
edges of the Site. Potential habitat for northern long-eared bat and tricolored bat is present in the wooded areas of the Site. There are several water
bodies of sufficient size to support foraging habitat nearby the Site; however, no visible signs of bald eagle habitat are present on the Site. The NC
Natural Heritage Program (NCNHP) database report indicates one known occurrence of Atlantic sturgeon within 1.0 mile of the Site. No other elemental
occurrences of threatened or endangered species are documented on or within 1.0 mile of the Site.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
Yes
No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
O Unknown
NOAA Essential Fish Habitat Mapper
Parrot Swamp along the southern boundary is mapped as Snapper Grouper habitat and Coastal Migratory Pelagics habitat. There is no SAV around the
project vicinity. No impacts are proposed to Parrot Swamp.
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? *
The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site. Nine historic properties and one
historic district are located 1.0 mile of the Site. Seven properties are designated as "Surveyed Only (SO)" or "SO -Gone:' The Amy Phillips House
(ON0427) is a SO property adjacent to the eastern boundary of the Site along Queens Creek Road. The Fennison House (ON0138) is a "Study List
(SL)" property located southeast of the Site. The William David Sanders House (ON0475) is a SL property located within the SL Historic Boundary of
Sanders Farm Rural Historic District (ON0811). Figure 4 provides a graphical representation and description of these properties.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
The Site contains FEMA-designated 100-year floodplain along Parrot Swamp and Stream SA. There are no residential structures proposed in these
areas. The culverted crossing of Stream SA will maintain the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization.
8c. What source(s) did you use to make the floodplain determination?"
FEMA Flood Map Service Center
Panels 3720534400K, effective on 06/19/2020 and 3720534300K, effective on 06/19/2020
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
NWP 18 - SAW-2022-02298 - Surfside Landing - ePCN Attachments.pdf 3.9MB
File must be PDF or KMZ
Comments
Attachments:
Agent Authorization Form
Landowner Information Table
Figure 1 — USGS Site Vicinity Map
Figure 2 — Soil Survey Site Vicinity Map
Figure 3 — PJD Sketch Map
Figure 4 — NCSHPO Map
NCNHP Database Report
IPaC Resource List
Notice of Intent to File Permit Application
SAW-2022-02298 PJD
Impact Maps
Signature
p 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:
Kimberly Hamlin
Signature
Date
3/17/2023