HomeMy WebLinkAbout20230507 Ver 1_ePCN Application_20230403DW 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:
7/25/2022
BIMS # Assigned
20230507
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:
6109 Williams Court
1a. Who is the Primary Contact?*
John R. Davis, Jr.
1b. Primary Contact Email: *
soil horizons@gmail.com
Date Submitted
4/3/2023
Nearest Body of Water
Tar River Reservoir
Basin
Tar -Pamlico
Water Classification
WS-IV / NSW / CA
Site Coordinates
Latitude:
35.878271
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Nash
Is this a NCDMS Project
Yes No
Longitude:
-77.885053
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas@ncdenr.gov
1c. Primary Contact Phone:*
(919)818-5087
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
Please provide the date of the previous submission.
11 /1 /2022
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
Regional General Permit (RGP) Number:
RGP Numbers (for multiple RGPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
197800080 - Bulkheads and Riprap
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 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:
Mark Timothy and Donna Kristie Mills
2b. Deed book and page no.:
3159 / 979
2c. Contact Person:
NA
2d. Address
Street Address
PO Box 902
Address Line 2
city State / Province / Region
Spring Hope NC
Postal / Zip Code Country
27882 USA
*
Yes No
Yes No
2e. Telephone Number:
(919)623-8226
2g. Email Address:*
drevoir@appianengineers.com
4. Agent/Consultant (if applicable)
4a. Name:
John R. Davis, Jr.
4b. Business Name:
Soil Horizons, LLC
4c.Address
Street Address
PO Box 1063
Address Line 2
City
Youngsville
Postal / Zip Code
27596
4d. Telephone Number:
(919)818-5087
4f. Email Address:
soilhorizons@gmail.com
C. Project Information and Prior Project History
1. Project Information
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1b. Subdivision name:
(if appropriate)
Williams Pointe
1c. Nearest municipality / town:
Rocky Mount NC
2. Project Identification
2a. Property Identification Number:
2b. Property size:
373700061004
1.20
2c. Project Address
Street Address
6109 Williams Court
Address Line 2
City
State / Province / Region
Rocky Mount
NC
Postal / Zip Code
Country
27803
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Tar River Reservoir
3b. Water Resources Classification of nearest receiving water:
WS-IV / NSW / CA
3c. What river basin(s) is your project located in?
Tar -Pamlico
3d. Please provide the 12-digit HUC in which the project is located.
030201010606
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: *
This site is a vacant residential lot with 1.2 acres located at the end of a cul-de-sac. Most all other lots in the subdivision have houses built on them. This lot is mostly mowed grass lawn
with a few trees along the waters edge. The City of Rocky Mount owns the land on the waterward side of the mean high water mark.
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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:
None
4g. List the total estimated linear feet of all existing streams on the property:
None
4h. Explain the purpose of the proposed project:*
To construct a bulkhead approximately 2 - 4 feet on the waterward side of the ordinary high water mark to control shoreline erosion. See attached photo of the flagged ordinary high water
mark and the plans for the 188 It long bulkhead. There is an existing boathouse with pier from the shore. The pier will be temporarily removed for the construction of the wall.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The site plan shows the location of the proposed bulkhead and the existing trees. The work will be done when the reservoir is low to avoid impacts to the open waters during wall
construction. Some material on the waterward side of the wall will be removed when the reservoir is low. See attached site plan and construction detail drawing. Buffer authorization is
requested only to remove existing cypress trees that may damage the wall over time and replant other trees such as dogwood, redbud, crape myrtle and or japanese maple accent plants.
These new trees will be planted in zone 1 as mitigation at a ratio of 3:1. If remove 12 cypress trees then will plant 36 to 40 new trees across zone 1. The wall will be constructed during low
water level with the use of an excavator, to place #57 gravel footing and keystone compact block wall with stone. The final grade in zone 1 will be smooth and level to eliminate and
depressions so that sheet flow can be established so the new trees roots can filter and uptake runnoff to reduce nitrogen concentrations.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No 9 Unknown
Comments:
Ordinary high water mark flagged in the field with wire pin flags by consultant..
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): John R. Davis, Jr.
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes
Soil Horizons, LLC
field observed by USACE Kyle Barnes
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?
NA
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
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
Shoreline stabilzation
P
Tar River Reservoir
Bulkheads
-11
Lake
0.02
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.02
4g. Total permanent open water impacts:
0.02
4h. Comments:
Impacts related to the area between the normal pool waterline and the proposed retaining wall. 188 ft x 4ft max = 752 sf / 43,560 = 0.0176 or rounded to
0.02 acres.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
Elf. Zone 1 impact
6g. Zone 2 impact
Allowable
F
Tar River Reservoir
No
1,728
0
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1
Zone 2
Total Permanent impacts: 1,728.00
0.00
Zone 1
Zone 2
Total combined buffer impacts: 1,728.00
0.00
6i. Comments:
The impacts to the existing buffer in zone 1 will only be the removal of 12 cypress trees with 144 square feet of average root zone per tree for a total of
1728 square feet of tree and root zone removal.
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:
To mitigate for the removal of 12 cypress trees in zone 1, 36 to 40 other trees will be planted across zone 1 to re-establish root zone areas for filtration
and nutrient removal. The total length of the proposed wall has been shortened to limit impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All construction will be conducted during dry periods when the resevoir level is low.
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
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan including mitigation credits generated.
Replanting of removed trees at a 3:1 ratio in zone 1.
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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
6b. If yes, then identify the square feet of impact.
6c. Reason for impact
6d. Total impact (square
feet)
Multiplier
6e. Required mitigation
(square feet)
Zone 1
Removal of cypress trees and roots for wall
protection
1,728
3
T��
Zone 2 NA 0 0
6f. Total buffer mitigation required
5184
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
6L If no, then discuss what type of mitigation is proposed.
Replanting of trees with less invasive roots that will not compromise the retaining wall.
6j. 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
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
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
Comments:
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.
This project is confined to one lot at the end of the cul-de-sac. No more future impacts to this area.
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.
On -site septic system will be located at least 50 feet from the waters edge.
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
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
Unknown
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?
US Fish and Wildlife IPaC website
6. Essential Fish Habitat (Corps Requirement)
Ga. 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?
EFH habitat.noaa.gov website
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 website.
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:
A flood study will be conducted by Appian Consulting Engineers.
8c. What source(s) did you use to make the floodplain determination?
Fema.gov Flood maps
Miscellaneous
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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
22015-6109 Williams Ct. Bulkhead -site plan3.pdf
8.65MB
Mills_6109 Williams Ct_Tree Mitigation.pdf
275.2KB
Bulkhead Concept 082422.pdf
157.4KB
FIRMETTE_3990747b-39ae-418e-b94b-8be6a59d68e3.pdf
775.73KB
e056cdc0-58dd-11ed-9c7e-005056bObOdd.pdf
216.15KB
Species List_ Raleigh Ecological Services Field Office.pdf
540.18KB
EFH Mapper.pdf
115.06KB
6109 Wiliams Court —Soil Horizon Agent Authorization.pdf
100.98KB
Gmail - Pre Application Submittal for 6109 Williams Court.pdf
58.61KB
File must be PDF or KMZ
Comments
Signature O
p 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:
John R. Davis Jr.
Signature
c%r-IFOU'o. cTr.
Date
4/3/2023