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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. 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: 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. O 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 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 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