HomeMy WebLinkAbout20230421 Ver 1_ePCN Application_20230320DWR
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:
6/29/2022
BIMS # Assigned
202630421
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Washington Regional Office - (252) 946-6481
Information for Initial Review
la. Name of project:
Wayne County DSS
1a. Who is the Primary Contact?*
Morgan Gilbert
1b. Primary Contact Email:
morgan.gilbert@timmons.com
Date Submitted
3/20/2023
Nearest Body of Water
Big Ditch
Basin
Neuse
Water Classification
C; NSW
Site Coordinates
Latitude:
35.396609
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wayne
Is this a NCDMS Project
Yes No
Longitude:
-77.977238
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Robert Tankard:robert.tankard@ncdenr.gov
1c. Primary Contact Phone: *
(910)338-6005
O
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:
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
39 - Commercial/Institutional Developments
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
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
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying forthe 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:
County of Wayne, INC
2b. Deed book and page no.:
Book 1261, page 366; book 3734, page 0872; book 1788, page 0033
2c. Contact Person:
Chip Crumpler
2d.Address
Street Address
P.O. Box 227
Address Line 2
City
State / Province / Region
Goldsboro
North Carolina
Postal / Zip Code
Country
27530-0227
USA
Yes No
Yes No
2e. Telephone Number:
(919)731-1435
2g. Email Address:*
chip.crumpler@waynegov.com
4. Agent/Consultant (if applicable)
4a. Name:
Morgan Gilbert
4b. Business Name:
Timmons Group
4c.Address
Street Address
5410 Trinity Road, Suite 102
Address Line 2
City
Raleigh
Postal / Zip Code
27607
4d. Telephone Number:
(919)866-4951
4f. Email Address:
morgan.gilbert@timmons.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Goldsboro
2. Project Identification
2a. Property Identification Number:
3600418229, 3600407478, and 3600404583
2c. Project Address
Street Address
1520 Clingman Street
Address Line 2
City
Goldsboro
Postal / Zip Code
27534
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Big Ditch
3b. Water Resources Classification of nearest receiving water:
C; NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011705
4. Project Description and History
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
2b. Property size:
23.1
State / Province / Region
North Carolina
Country
USA
a
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 Wayne County DSS site is approximately 23.4 acres located at 1520 Clingman Street within the City of Goldsboro, North Carolina within Wayne County. The site is comprised of three
parcels totaling approximately 28.22 acres. The site contains mixed hardwood -pine forest and commercial developments. The site is bounded by the East U.S. Highway Bypass and
commercial development to the north; commercial development, residential development, and forested areas to the east; Humphrey Street, Fifth Street, and residential development to the
south; and by Clingman Street and commercial development to the west.
The proposed project is for the new Wayne County Department of Social Services (DSS)/Health Department (HD) facility that will house the county's DSS and Health Department. The
proposed development will consist of one 87,705-sq.ft. building with parking lots, stormwater control measures, roadways, and utility improvements (i.e. public water supply and sanitary
sewer alignment).
A delineation of the project area was completed by Timmons Group on 05/09/2022. A site visit was conducted with Emily Thompson of the USACE and Allen Steward of the NC DEQ on
09/13/2022. An informal confirmation email was provided by Emily Thompson of the USACE on 09/27/2022 and a Buffer Determination letter was issued by Allen Stewart of the NC DEQ
on 11/16/2022. A request for an updated Preliminary Jurisdictional Determination (PJD) is included in this PCN application. The additional area included in the PJD update request
contains two linear wetland features that were delineated on 05/09/2022 but were not included in the 06/10/2022 PJD request submittal because they were located outside of the original
project limits.
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:
1.87
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct the new Wayne County DSS/HD facility that will include one 87,075 sq.ft. building with parking lots and the necessary utilities within central
Wayne County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project is a municipal development that is located off 1520 Clingman Street in the City of Goldsboro, North Carolina within Wayne County.
The project will include one 87,075 sq.ft. building with parking lots, as well as stormwater control measures and utility and road improvements.
All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment,
graders, and earth movers. SCMs are required and will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No
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-2022-01300
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nick Tudor and Morgan Gilbert
Agency/Consultant Company: Timmons Group
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
05/06/2022 — Delineation completed by Timmons Group personnel
09/13/2022 — Site visit with USACE and NC DEQ to confirm the boundaries of the delineation
09/27/2022 — Informal Confirmation received for SAW-2022-01300 received from Emily Thompson of the USACE via email confirmation of delineation map provided on 09/19/2022
11/16/2022 — Buffer Determination letter received from Allen Stewart of the NC DWR
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?
No other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this
permit application.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O 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
Site
T
Headwater Forest
A
Yes
Both
0(04
Developmiegt&
s)
Gradng&
P
Headwater Forest
A
Yes
Both
0(OS s)
DevelopmlentSite
Grading &
F
P
Headwater Forest
A
Yes
BothelopmentSite
(acres)
Gradng
P
Headwater Forest
C
No
Both
0(00
Developmlent&
s)
Site Grading &
P
Headwater Forest
D
Yes
Both
0.061
Development
(acres)
2g. Total Temporary Wetland Impact
0.043
2g. Total Wetland Impact
0.199
21. Comments:
2g. Total Permanent Wetland Impact
0.156
Impacts 2, 3, 4, and 5 total 6,773 sq.ft. (0.155-acre) of permanent wetland impacts necessary for site grading and development for the overall site
construction. These impacts are necessary to accommodate the building size, number of parking spaces, and utilities that are required for the facility.
Impacts 3 and 4 immediately abut areas included in the previous agency confirmation which were verified as uplands.
Impact 1 consists of 1,869 sq.ft. (0.043-acre) of total temporary, permanent conversion PFO to PEM wetland impacts necessary for site grading and
development for the overall site construction. Impact areas will be stabilized following construction and proper seeding methods will be used.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
Site Grading &
Development
P
B
Other
DitchF77]
0.01
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.01
4g. Total open water impacts:
0.01
4h. Comments:
Impact 6 consists of 144-If (431-sq.ft./0.010-ac.) of permanent ditch impacts associated with site development and construction. After review of the U.S.
Geological Survey (USGS) topographic map and the Natural Resources Conservation Service (NRCS) soil survey map, in addition to field observations,
it was determined that the ditches on -site are not ditched stream features. This was verified during the previously completed agency confirmation.
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:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including utilization of the wetland delineation to adjust the layout of the site design to avoid and minimize impacts. The remaining impacts proposed are
necessary in order for the projects goals to be realized.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the
requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and
local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install
silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All
erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once
every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will
be kept by the owner's representative.
Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best
Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to
prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill
will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore,
stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project
construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of
disturbance within jurisdictional waters.
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:
EBX-Neuse I, LLC Stream and Wetland Banks - Blackbird Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.353
3c. Comments
The project is proposing a total of 0.198-ac. of wetland impacts that will require mitigation. Please note that the permanent impacts are proposed to be
mitigated at a 2:1 ratio, requiring 0.310 wetland mitigation credits. Temporary, permanent PFO to PEM wetland impacts are proposed to be mitigated at a
1:1, requiring 0.043 wetland mitigation credits. A total of 0.353 wetland mitigation credits are proposed for this project.
An SOA letter dated March 17, 2023, is attached from the EBX-Neuse I, LLC Streams and Wetland Banks — Blackbird Site.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
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:
No stream features are located within the vicinity of the project area, and therefore no riparian buffers overlap with the proposed project.
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
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
SMP is included under the application attachments. The proposed project will meet the requirements to prevent erosion downstream as our anticipated post -project flow will be equal or
less than pre -project flow. The SMP is currently under review by the City of Goldsboro and satisfies the Phase II requirements.
The Temporary Rule to amend 15A NCAC 2H.0126 as approved by the North Carolina Environmental Management Commission and effective on November 1, 2022, and City Ordinance
Number 2007 — 4B provide the authority for the City of Goldsboro to issue permits for stormwater discharges under the City of Goldsboro Stormwater Management Program.
The City Engineer administers the Stormwater Management permit program for the City of Goldsboro.
G. Supplementary Information
1. Environmental Documentation
O
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes r No
Comments: *
The project is being funded by Wayne County. No federal or state funds are involved.
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 proposed project is a single and complete project that will not result in additional impacts. All impacts associated with the project are accounted for
herein.
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
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?
A search of the USFWS IPaC database on March 17, 2023 identified five federally protected species as potentially occurring within the project area,
including the red -cockaded woodpecker, Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and Tar River spinymussel. The IPaC database
further identified one proposed endangered, the tricolored bat, and one candidate species for listing, the monarch butterfly, as potentially occurring within
the project area. No critical habitats were identified within the project area or a 1-mile radius. Additionally, a search of the North Carolina Natural
Heritage Program (NHP) database on March 17, 2023 did not identify occurrences of federally listed species or state -managed areas within the project
limits or a 1-mile radius.
According to the RCW SLOPES Manual, the site is located outside of the red -cockaded woodpecker consultation area for Wayne County, therefore, it is
the opinion of Timmons that any proposed disturbance will have no effect on the red -cockaded woodpecker. Further, the understory of the Site is thick
and dominated by invasive species. Additionally, no occurrences of the red -cockaded woodpecker were noted on the NCNHP database search or
observed in the field.
The stream feature (ditch) within the site does not provide the continuous flow with clean, high dissolved oxygen concentrated water or habitat that the
Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and Tar River spinymussel require. The NCNHP database report did not identify any known
occurrences within the site. Therefore, due to the absence of potentially suitable habitat on -site, it is the opinion of Timmons that the proposed project
will have no effect on the Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and Tar River spinymussel.
In the North Carolina piedmont during all seasons of the year, tricolored bat may be found hibernating or roosting in culverts; therefore, the removal or
modifications to culverts larger than 24 inches may affect tricolored bat if individuals are present. The culverts identified on site were 24 inches or less in
diameter and would not provide suitable habitat for tricolored bat. The majority of the Site consists of mixed hardwood and pine forests greater than 30-
years of age interspersed with forested wetlands in the central portions of the Site. Based on the age of the forest, the site may contain several trees that
could represent potentially suitable summer roosting habitat for the tricolored bat. Timmons Group is not aware of known maternity roost trees or
hibernacula in the vicinity of the Site. Therefore, it is the opinion of Timmons that any development of the Site may affect, but is not likely to adversely
affect the tricolored bat.
The majority of the Site consists of mature mixed -hardwood and pine forests. Open areas are regularly maintained and mowed. The monarch butterfly's
habitat is ubiquitous throughout the state and disturbance to areas with potentially suitable habitat is minimal. Therefore, it is the opinion of Timmons
Group that the proposed project will have no effect on the monarch butterfly.
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?
NOAA Essential Fish Habitat Mapper
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? *
A search of the North Carolina Natural Heritage Preservation Office's (HPO) online database and the North Carolina Department of Environmental and
Natural Resources (DENR) Division of Historical Resources (DHR) data identified 7 historical resources as occurring within a 1-mile radius of the
proposed project limits. No historical resources were identified within the project area. The listings identified within the specified search radius include
one National Register (NR), one Survey Listed — Gone (SLID), one Surveyed Only (SO), two Surveyed Destroyed (SD), and two Block Face (BF) sites.
The National Register site (ID WY0730), the Bordon Manufacturing Company, is located approximately 0.4-mile southwest of the Site and is the closest
listing.
Considering the proposed project's consistency with the surrounding land use, along with all proposed work being limited to the project area, the project
area's distance from all listings, and existing land use between the site and listings, the proposed project should have no effect on historical resources.
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?*
According to FEMA FIRM panel 3720360000K (effective 06/20/2018), the Site is located within Zone X, Area of Minimal Flood Hazard.
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
2023.03.20_ePCN Attachments_Wayne County DSS (reduced).pdf 17.68MB
File must be PDF or KMZ
Comments
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:
Morgan Gilbert
Signature
Date
3/20/2023