HomeMy WebLinkAbout20230460 Ver 1_ePCN Application_20230328DW R
DHlsloo 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:
2/18/2023
BIMS # Assigned
20230460
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
1a. Name of project:
Mill Stone Creek
la. Who is the Primary Contact?*
Kevin Martin
1b. Primary Contact Email: *
kmartin@sandec.com
Date Submitted
3/28/2023
Nearest Body of Water
Millstone Creek
Basin
Neuse
Water Classification
C;NSW
Site Coordinates
Latitude:
35.76271
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wilson
Is this a NCDMS Project
Yes No
Longitude:
-78.035874
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas@ncdenr.gov
1c. Primary Contact Phone:*
(919)270-7941
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
29 - Residential 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:
F&B Development Company, LLC
2b. Deed book and page no.:
Book: 42 Page: 294
2c. Contact Person:
Grey Berry
2d.Address
Street Address
516 N East St
Address Line 2
city State / Province / Region
Raleigh NC
Postal / Zip Code Country
27604 USA
Yes No
Yes No
2e. Telephone Number:
(919)606-8956
2g. Email Address:*
grey@futreliproperty.com
4. Agent/Consultant (if applicable)
4a. Name:
Kevin C Martin
4b. Business Name:
Soil & Environmental Consultants, PA (S&EC)
4c.Address
Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 104
city
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
(919)270-7941
4f. Email Address:*
kmartin@sandec.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Mill Stone Creek Subdivision
1c. Nearest municipality / town:
Sims
2. Project Identification
2a. Property Identification Number:
2783-54-6361
2c. Project Address
Street Address
5880 Alternate US-264
Address Line 2
City
Sims
Postal / Zip Code
27604
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Millstone Creek
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.
030202030402
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
(919)846-9467
2b. Property size:
115.48
State / Province / Region
NC
Country
USA
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 project is currently vacant, forested land and agricultural land. The project is surrounded on all sides by rural residential and agricultural properties.
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:
18.22
4g. List the total estimated linear feet of all existing streams on the property:
None within the currently proposed phase(s)
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a 302 lot single family residential subdivision and associated infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
No indirect impacts are expected and typical construction equipment for construction of roads, utilities and lots will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
wetlands were delineated at the direction of the previous owner by others
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-2020-00467
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): unknown
Agency/Consultant Company:
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
March 10, 2020 - Corps PJD
DWR buffer determination - August 12th, 2021
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
The single family subdivision will be constructed in several phases. The current owner purchased the property labeled future development along with the current project area mainly so that
they would not have to deal with the previous owner and maintain an access for them. They are hoping they can develop it for attached or detached single family residential. They have no
plans at this time but if a timeline is a must, then I would say within 5-7 years. The reason they say'hoping' is because that tract of land is an old S.T. Wooten sand mine, and they are not
sure they can remediate it to be developed in a cost-effective manner. So even if they had plans and included the required stub road crossings in this application, the permits would expire
before they would do the work.
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?
See above
D. Proposed Impacts Inventory O
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 *
1
Road, storm, & sewer
Road, storm, &sewer
pipe crossing
P
P
��water Forest
W 1
Yes
Both
0.010
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.010
2g. Total Permanent Wetland Impact
0.010
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The layout has been designed so as to require only one road crossing requiring an impact and located such that it crosses at the narrowest part of the
wetland and upstream of where riparian buffers begin.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sediment basins will be utilized to treat runoff from disturbed areas. Silt fence will be provided to ensure silt does not leave disturbed 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:
Impacts are below the threshold that require 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
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
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
Comments:
The project engineer consulted with Chonticha McDaniel, 401 Stormwater Engineer, Division of Water Resources, North Carolina Department of Environmental Quality prior to developing
the plan to ensure that antidegradation standards are met by use of grassed swales. The engineer's calculations are attached.
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.
This project will not result in additional impacts to downstream water quality.
L
O
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 City of Wilson has agreed to accept wastewater from this project.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
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?
FWS FAC & NHP databases
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 EFH 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?
SHPO HPOWEB
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?
FEMA DFIRM
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
30 prefiling notice revised.pdf
901.63KB
Agent Auth SEC2020.pdf
126.53KB
DWR 2021 Buffer Letter McConnell Acres.pdf
2.59MB
McConnel acres SAW-2020-00467 Grady Poole Tract Preliminary JD.pdf
1.37MB
S&EC Mill Stone Creek SD T&E Report Signed.pdf
3.36MB
2023-03-23 Mill Stone Creek Impact MapsFINAL.pdf
6.61MB
Impact Map Storm Calcs.pdf
File must be PDF or KMZ
9.5MB
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:
Kevin C Martin
Signature
EKG. twaow
Date
3/28/2023
0