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HomeMy WebLinkAbout20230531 Ver 1_ePCN Application_20230414DWR 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: 4/14/2023 BIMS # Assigned 20230531 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer's Holley Snider:Holley.Snider@ncdenr.gov Information for Initial Review la. Name of project: COURTESY COPY Northwest Tract 1a. Who is the Primary Contact?* John Perry - Davey Resource Group, Inc. 1b. Primary Contact Email: john.perry@davey.cwm Date Submitted 4/14/2023 Nearest Body of Water Rattlesnake Branch Basin Cape Fear Water Classification C;Sw Site Coordinates Latitude: 34.28968 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: -78.13954 Version#* 1 Reviewing Office` Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone: x (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 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: 29 - Residential 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 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. Name(s) on recorded deed: Storehouse Holdings LLC 2b. Deed book and page no.: 2c. Contact Person: Kyle Kelsay 2d.Address Street Address 315 Dawson St. Address Line 2 City Wilmington Postal / Zip Code 28401 State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (910)352-7957 2g. Email Address:* tyler.soureecontracting@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: John Perry 4b. Business Name: Davey Resource Group 4c.Address Street Address 3805 Wrightsville Ave, Suite #15 Address Line 2 City Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* john.perry@davey.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Northwest 2. Project Identification 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number 2a. Property Identification Number: 2b. Property size: 01500053 6.82 2c. Project Address Street Address 3859 Northwest Rd Address Line 2 City State / Province / Region Northwest NC Postal / Zip Code Country 28451 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Rattlesnake Branch 3b. Water Resources Classification of nearest receiving water: C;Sw 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. 030300050406 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 parcel is located off SR 1419 Northwest Rd to the north. There is a mobile home on the northern side of the property, with a maintained lawn and a dirt driveway. An abandoned house and a shed are located in a small clearing in the western part of the site and is accessed by a dirt path. The property is mostly forested. A headwater wetland originates on the central eastern boundary and runs across the center of the parcel to the west where it connects offsite to an upper tributary of Rattlesnake Branch. The primary vegetation of the wetland consist of red maple, sweetgum, tulip poplar, sweet bay and soft rush. Upland vegetation consist of loblolly pine, tulip poplar, sweetgum, water oak, wax myrtle and American holly. 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: 0.72 ac 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a multi -family and single family residential development to serve the residential needs of the community. Wetland impacts are needed for a road connection to the rear of the parcel. The site cannot be accessed from the south due to the Duke Powerline Easement that runs the southern boundary of the parcel. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The residential development will consist of 8 multifamily town homes and 12 single family homes. A single road is proposed to access the town homes and continue south to access the single family homes. The road will circle around to divert traffic back towards the entrance. Twenty-one parking spaces are proposed for the townhomes. A 5 vehicle parking area will also connect to the road, providing access to the mail kiosk. Three stormwater ponds will be constructed at the northern and southern boundaries and one central location. A lift station is also proposed in the center part of the site. Sediment and erosion control measures will be put in place. The limits of disturbance will be cleared of vegetation and site grading will occur. Roadways and utilities will be installed, followed by the construction of the homes and finally demobilization and landscaping. A culvert will be installed at the wetland crossing to maintain hydrologic flow. 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 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Mark Westendorff Agency/Consultant Company: Davey Resource Group 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? No D. Proposed Impacts Inventory 1. Impacts Summary ta. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts U 2al Reason (?) 2b. Impact type* (1) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* 1) 2g. Impact area F7] Road Crossing P Headwater Forest W1 Yes Both � A 0.070 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.070 2i. Comments: 2g. Total Permanent Wetland Impact 0.070 E. Impact Justification and Mitigation 0 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: A wetland crenulation spans the central part of the site and wetland impacts could not be avoided while still accessing uplands in the southern part of the tract. The project will only cross the wetlands in one location and will run the sewer and water lines parallel with the road. There is an existing Duke Powerline easement to the south that prevents the southern half of the property from being accessed without crossing the wetland. An RCP pipe will be installed beneath the road to insure a hydrological connection continues. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The developer will obtain stormwater and sedimentation and erosion control permits prior to development. 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: Wetland impacts are less than 0.1 acre, which is the typical USACE threshold for mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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: This project is located in the Cape Fear River Basin and is not subject to the NC 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: The engineer is currently preparing a stormwater plan. G. Supplementary Information 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 project will not provide utilities or access to adjacent tracts. No additional impacts to jurisdictional areas are anticipated on this site. Stormwater and erosion control permits will be obtained and implemented to limit impacts to downstream waters. 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. Project will tie into municipal wastewater treatment system. A lift station is located on site and will tie into a 2" force main. 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 on or within a one mile radius of the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these are coastal and/or marine species and would not be found within the project area. Much of the site is cleared. Some areas within the site boundaries do support pine trees, however these trees are young and the area also contains a large amount of hardwoods. Therefore, it does not appear to provide suitable habitat for the red cockaded woodpecker. Forested areas within the site could provide appropriate summer and wintering roosting habitat for the northern long-eared bat, however there are no known roost sites in Brunswick County. The NLEB determination key was filled out and showed that the project "may affect, but not likely to adversely affect" for the Endangered northern long-eared bat. The site does not appear to provide suitable habitat for any other species known to occur in the area. The applicant will work with the USACE and the USFWS to ensure any impacts to the species from tree clearing will be minimal. 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 EFH 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? * The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No resources were identified within or adjacent to the site. A cemetery exists off site to the eastern boundary and will not be disturbed. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Tool 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 NorthwestTract_PCN_PJD.pdf 9.25MB 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: John Perry Signature Date 4/14/2023 M