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HomeMy WebLinkAbout20230508 Ver 1_ePCN Application_20230402DWR 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: 3/2/2023 BIMS # Assigned 20230508 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review la. Name of project: Brentwood 126K la. Who is the Primary Contact?* Mr. Tom Flanagan 1b. Primary Contact Email: * tflanagan@blueridgecompanies.com Date Submitted 4/2/2023 Nearest Body of Water Richland Creek Basin Cape Fear Water Classification WS-IV Site Coordinates Latitude: 35.941058 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Guilford Is this a NCDMS Project Yes No Longitude: -79.974656 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Seren Homer:Seren.Homer@ncdenr.gov 1c. Primary Contact Phone: * (336)889-1546 O 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: 39 - Commercial/Institutional Developments 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 401 Water Quality Certification - Express Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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 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: EJG Randleman Road, LLC 2b. Deed book and page no.: 007662/00726, 007662/00728, and 007673/01463 2c. Contact Person: Mr. Tom Flanagan 2d. Address Street Address 5826 Samet Drive Address Line 2 Suite 105 city High Point Postal / Zip Code 27265 2e. Telephone Number: (336)889-1546 2g. Email Address:' tflanagan@blueridgecompanies.com 4. Agent/Consultant (if applicable) 4a. Name: Joseph (Jay) S. Lawson III 4b. Business Name: Progress Environmental (an HRP Company) 4c.Address Street Address 120 Fayette Street Address Line 2 city Winston-Salem Postal / Zip Code 27101 4d. Telephone Number: (336)782-9726 4f. Email Address:" jlawson@progressenv.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: High Point 2. Project Identification 2a. Property Identification Number: 192804/192801/180722 2c. Project Address Street Address 2005 Brentwood St. / 2023 Brentwood St. 1521 Townsend Avenue Address Line 2 city High Point Postal / Zip Code 27263 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Richland Creek 3b. Water Resources Classification of nearest receiving water: WS-IV 3c. What river basin(s) is your project located in?" Cape Fear State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (336)722-9999 2b. Property size: 33.76 State / Province / Region NC Country USA O 3d. Please provide the 12-digit HUC in which the project is located. 030300030103 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 located at 2005 Brentwood Street, 2023 Brentwood Street, and 521 Townsend Avenue in High Point, Guilford County, North Carolina. The Guilford County GIS identifies the properties as: PN 192804, located at 2023 Brentwood Street, undeveloped and comprising approximately 19.35 acres; • PN 192801, located at 2005 Brentwood Street, undeveloped and comprising approximately 4.11 acres; and, PN 180722, located at 521 Townsend Avenue, undeveloped and comprising approximately 10.3 acres. The property is undeveloped (i.e., a mix of cleared and wooded areas) and consists of a total of approximately 33.76 acres (managed forest). Timber was recently removed from the site and it is characterized by vegetative overgrowth and woody debris scattered throughout the property. The remnants of a dam associated with a former pond are located on the western portion of the site. The site includes a sanitary sewer right-of-way and NCDOT right-of-way in the vicinity of the northern property boundary. The remnants of an apparent logging road approximately bisects the site from west to east. Access to the site is from an unimproved entrance on the western portion of the property along Brentwood Street. The subject site is located within a commercial area of High Point, North Carolina. Progress observed the following land uses on properties in the immediate vicinity of the subject property: North - Business I-85 North/US Highway 311 On Ramp. A vacant commercial building is located to the northwest. East - EAS High Point Fabrication Plant (mechanical contractor/HVAC manufacturer) with additional commercial development beyond. South - Golden Doors Conference & Event Center, Exact Commerce (home goods store), Carolina Southern (trucking), and Reptile Basics (pet supply) with Townsend Avenue beyond. West - Brentwood Street with a motel and television station beyond. 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: 1.1 4g. List the total estimated linear feet of all existing streams on the property: 3,220 4h. Explain the purpose of the proposed project: To construct a 126K speculative building and private drive to access the building. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project will utilize conventional equipment to install a stream crossing to access the property located at 2023 Breentwood Street. In order to complete the project, including the stream crossing, a portion of the stream and zones 1, 2, and 3 of the stream buffer will be impacted. Conventional equipment will be utilized for the removal of trees, installation of the culverts and backfilling of the culverts at the stream crossing. As part of the project, a portion of the stream buffers will be disturbed to install site utilities, stormwater control device outlet structures, and a portion of the fill slopes. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 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-2022-00988 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jay Lawson Agency/Consultant Company: Progress Environmental Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Site visit with USACE and NCDEQ on 07/05/2022. USACE confirmation via email dated 07/06/2022. State confirmation via "On -Site Determination for Applicability to Mitigation Rules (15A NCAC 02H .0506(c))" letter dated July 22, 2022. 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? D. Proposed Impacts Inventory 0 V 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries 0 Buffers Open Waters Pond Construction 3. Stream Impacts F I 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name* 3e. Stream Type* ?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* g1 Stream impact for access road Permanent Culvert ffto Richland Creek Perennial Both Averege (feet) 149 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 149 0 3i. Total stream and ditch impacts: 0 3j. Comments: Stream impact for driveway crossing to allow access to building. The proposed location appeared to be the least impactful following evaluation of alternate alignments. 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? 6f. Zone 1 impact 6g. Zone 2 impact Allowable w mitigation P UT-1 to Richland Creek Yes 13,980 18,007 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 13,980.00 18,007.00 Zone 1 Zone 2 Total combined buffer impacts: 13,980.00 18,007.00 61. Comments: A portion of the stream buffers will be disturbed to install site utilities, stormwater control device outlet structures, and a portion of the fill slopes. 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 stream crossing was analyzed in various locations, and the proposed location appeared to be the least impactful. Double culverts were used as opposed to one larger to reduce the amount of fill required to get over the stream crossing. Head walls have also been used to reduce the stream impacts as much as possible. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Retaining walls have been utilized throughout the site to minimize the impacts for the stream buffers. O 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: < 150 linear feet of stream impact. 6b. If yes, then identify the square feet of impact. r7l��impact 6d. Total impact (square feet) Multiplier 6e. Required miti (square feet) Zone 1 Stream crossing for access road, utilities, spillway 13,980 3 41,940 Zone 2 Stream crossing for access road, utilities, spillway, fill 18,007 1.5 27,011 6f. Total buffer mitigation required 68951 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 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 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. High Point Comments: Primary SCM is wet pond. 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) Al 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. Project is located in an already developed (industrial/commercial) area. 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 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? IPaC https://i pac.ecosphere.fws.gov/?state=y9mG5NMmJbFL4JcBapKO3rsT2Ms5Z 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?' Site is located within Piedmont. 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 (NCHPO) https://nc.maps.arcgis.com/apps/webappviewer/index.html?id=79ea671 ebdcc45639f0860257d5f5ed7 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: Fill will be placed in the Flood plain with the stream crossing, so the project will have to meet City of High Point requirements which will most likely a require a flood study. 8c. What source(s) did you use to make the floodplain determination?" FEMA Flood Map Service https://msc.fema.gov/portal/search#searchresultsanchor 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 Final Upload Docs.pdf 43.7MB File must be PDF or KMZ 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: Joseph Stebbins Lawson III Signature Date 4/2/2023 6