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HomeMy WebLinkAbout20230473 Ver 1_ePCN Application_20230329DWR 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: 10/18/2022 BIMS # Assigned 20230473 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 la. Name of project: 682 Ocean Blvd West 1a. Who is the Primary Contact?* Kim Williams - Davey Resource Group, Inc. 1b. Primary Contact Email: * kim.williams@davey.com Date Submitted 3/29/2023 Nearest Body of Water AIWW Basin Lumber Water Classification SA: HQW Site Coordinates Latitude: 33.910202 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Brunswick Is this a NCDMS Project Yes No Longitude: -78.318093 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Holley Snider:Holley.Snider@ncdenr.gov 1c. Primary Contact Phone: * (910)452-0001 a 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 permits) 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 fig. 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 INC 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. Nari on recorded deed: Amanda Gabriel 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address 311 Grandin Road Address Line 2 City Charlotte Postal / Zip Code 28208 State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (704)222-6750 2g. Email Address:* amandatgabriel@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group, Inc. 4c.Address Street Address 3805 Wrightsville Avenue, Suite 15 Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28403 USA 4d. Telephone Number: 4e. Fax Number: (910)452-0001 (910)452-0020 4f. Email Address: kim.williams@davey.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Holden Beach 2. Project Identification 2a. Property Identification Number: 2b. Property size: 246CE095 0.13 2c. Project Address Street Address 682 Ocean Blvd West Address Line 2 City State / Province / Region Holden Beach NC Postal / Zip Code Country 28462 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: AIWW 3b. Water Resources Classification of nearest receiving water: SA: HQW 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12-digit HUC in which the project is located. 030402080204 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 currently undeveloped and forested. The site is adjacent to the AIWW and freshwater and coastal wetlands exist along the northern lot boundary. Additionally, a small freshwater wetland pocket is located in the middle of the lot. Wetlands support wax myrtle, baccharis, and cedar shrubs. Uplands support red cedar and yaupon. Adjacent land use is undeveloped and forested or residential. 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: 0.05 4g. List the total estimated linear feet of all existing streams on the property: N/A 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a single family residence within the lot. Wetland impacts are needed for site development. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Erosion control measures will be put in place and the limits of disturbance will be cleared of vegetation and graded. Home construction and utility installation will then occur. The house footprint will be 38' x 38' and will have a front porch and back deck. The house will be constructed on pilings. Track hoe, loader, dump truck, bob cat, and other standard construction equipment 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: Preliminary wetlands map and data forms are enclosed. DCM approved the NHWL and coastal wetland line on 3/9/23. 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans Mark Westendorff Davey Resource Group, Inc. 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 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 6 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 2g• Impact area * dFill eveor hour t P Hardwood Flat W1 Yes Both 0(0 r slopmeac) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.013 2i. Comments: 2g. Total Permanent Wetland Impact 0.013 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: The applicant attempted to minimize impacts as much as possible. However, one small wetland pocket is located in the center of the lot and impacts could not be avoided while still building on the property. The freshwater and coastal wetlands located adjacent to the AIWW have been avoided. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fencing will be installed prior to construction to minimize sediment leaving the site. 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: Stone Farm Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.1 3c. Comments F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. 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: Project is located in the Lumber River Basin, which does not have State Riparian Buffer Protection Rules. 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 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: Engineer will prepare a stormwater plan as needed prior to development. G. Supplementary Information 1. Environmental Documentation 1a. 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. The project will not provide access or utilities to adjacent properties. No additional impacts are anticipated within the lot. 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 will tie into the local wastewater treatment system. 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? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur within the site. There are occurrences of federally listed sea turtles, sturgeon, and seabeach amaranth within a one mile radius of the site, likely within the AIWW and Atlantic Ocean and its adjacent beaches, located north and south of the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species require coastal and/or marine habitat. The lot to be developed consists of uplands and freshwater wetlands and would not provide suitable habitat for these species. Forested areas within the site support mostly shrubs and would not provide suitable habitat for the RCW. Because of a lack of trees, the tract likely does not provide suitable roosting habitat for the northern long-eared bat. The site does not appear to provide suitable habitat for any other species known to occur in the area. 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 Q Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * The NOAA EFH Mapper was reviewed. The AIWW is EFH for several species. No impacts to coastal wetlands or waters will occur as a result of this project. Silt fencing will be used during construction to ensure sediment does not leave the site. 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 NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. 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: Applicant will work with the County to ensure FEMA requirements are met. Houses will be built on pilings. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center website Miscellaneous O 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 682 Ocean Blvd West Attachments.pdf 3.41 MB File must be PDF or KMZ Comments Signature O 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: Kim Williams Signature Date 3/29/2023