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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