HomeMy WebLinkAbout20230474 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:
1/23/2023
BIMS # Assigned
20230474
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:
600 South 3rd Street
la. Who is the Primary Contact?*
Nick Creidler
1b. Primary Contact Email: *
nick@headwaterenvironmental.com
Date Submitted
3/29/2023
Nearest Body of Water
Cape Fear River
Basin
Cape Fear
Water Classification
SC
Site Coordinates
Latitude:
Longitude:
34.029127
-77.898238
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider:Holley.Snider@ncdenr.gov
1c. Primary Contact Phone: *
(910)777-8386
a
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:
Erick Waggoner and Joseph Redmond
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
11212 Island Point Road
Address Line 2
city
Charlotte
Postal / Zip Code
28278
State / Province / Region
North Carolina
Country
USA
Yes No
Yes No
2e. Telephone Number:
(719)331-9594
2g. Email Address:
erick@replicant.ai
4. Agent/Consultant (if applicable)
4a. Name:
Nick Creidler
4b. Business Name:
Headwater Environmental, Inc.
4c.Address
Street Address
1121 Military Cutoff Road, Suite C #306
Address Line 2
City
Wilmington
Postal / Zip Code
28405
4d. Telephone Number:
(910)777-8386
4f. Email Address:*
nick@headwaterenvironmental.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropdate)
1c. Nearest municipality / town:
Carolina Beach
2. Project Identification
2a. Property Identification Number:
R09010-014-019-000
2c. Project Address
Street Address
600 South 3rd Street
Address Line 2
City
Carolina Beach
Postal / Zip Code
28428
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Cape Fear River
3b. Water Resources Classification of nearest receiving water:
SC
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300050704
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
0.143
State / Province / Region
NC
Country
USA
O
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 situated at approximately 15 feet above mean sea level and consists of scrub/shrub vegetation that is routinely mowed. A depressional wetland area is located on the central
portion of the site.
The site is bounded on the east by South 3rd Steel and on the north by Columbia Avenue. The surrounding properties are in a residential setting. Single family dwellings have recently
been constructed on adjacent lots to the east. Carolina Lake is located approximately 200 feet northeast of the site.
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:
0.02
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The proposed project is to develop the lot with a single-family dwelling. Carolina Beach is growing rapidly with single-family lots becoming harder to come by. With the increase in demand
to live by the ocean, this single family lot will provide a home to a future resident.
The proposed dwelling will match existing neighborhood aesthetics and abide by local town ordinances.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project is to develop a single family dwelling with a paved driveway on the 0.143-acre lot.
One wetland area will be permanently impacted by the proposed development. Wetland A (0.02-acre) will be filled to accommodate for the single family dwelling on the central portion of
the site.
Dump trucks and skid steers for grading the lot and vegetation removal will be used. Additionally, pick-up trucks will be utilized on site by contractors and construction workers. Noise
impacts are to be expected during construction and will be limited to daylight hours.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
The wetland area was delineated in November of 2022. A copy of our jurisdictional determination
request is included as an attachment.
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): Nick Creidler
Agency/Consultant Company: Headwater Environmental, Inc.
Other:
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?
This is not a phased project.
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
U
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
(?)
2g• Impact
area *
600 South 3rd
St
grading lot
t
P
NON-NCWAM TYPES
Wetland A
No
Corps
0.020
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.020
2g. Total Wetland Impact
0.020
2i. Comments:
This is the upper reach of a depressional wetland that contains scrub/shrub vegetation. This area has been routinely mowed. Drainage in this area has
been affected by neighboring lots being filled for new home construction.
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:
Attempts to avoid and minimize impacts were limited for a small 0.143-acre lot. Buying a separate lot and/or buying an existing house in Carolina Beach
were not feasible options for the applicant based on market availability and prices of other potentially available units. Additionally, costs for construction
of a retaining wall outweigh costs for wetland mitigation. Local building ordinances and setback requirements limit the placement of a dwelling on the
parcel.
Permanent Impact 1: Wetland A
Wetland A is depressional feature consisting of scrub/shrub vegetation that has been routinely mowed. Local building ordinances and setback
requirements limit the ability to avoid wetland impacts on the 0.143-acre site. The proposed project will fill the wetlands on site in order to properly grade
the lot for development of a single-family dwelling.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing will be utilized to minimize sedimentation to neighboring lots.
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):
D W R 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:
Lower Cape Fear Umbrella Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.08
3c. Comments
Brad Shaver of the USACE indicated a 4:1 mitigation ratio is required in this area. The Lower Cape Fear Umbrella Mitigation Bank has the available 0.08
credits to mitigate for the 0.02-acre of permanent wetland impacts.
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:
The site is not located within a riparian buffer zone.
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 proposed single family dwelling in Carolina Beach will utilize available municipal utilities and infrastructure for wastewater and stormwater runoff.
G. Supplementary Information
O
a
L
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.
The proposed development is located on a 0.143-acre lot within the Town of Carolina Beach. Surrounding parcels are already developed with single
family dwellings. The proposed project will not result in additional development which could impact nearby downstream water quality.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
Unknown
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS 9-step self certification process.
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?"
NC Historic Preservation Office HPOWEB 2.0 interactive map.
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 proposed dwelling will be built on stilts to raise the structure above potential future flood conditions.
8c. What source(s) did you use to make the floodplain determination?"
FEMA flood map service center online web map.
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
600 S. Third St_PCN Supporting Docs.pdf
File must be PDF or KMZ
12.92MB
Comments
A copy of the site plans, jurisdictional determination request, supporting documentation, and USFWS 9-step self certification letter are included with the attachments.
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:
Nick Creidler
Signature
Date
3/29/2023
M