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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