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HomeMy WebLinkAbout20230618 Ver 1_ePCN Application_20230427DWR 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: 3/3/2023 BIMS # Assigned 20230618 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Robert Tankard:robert.tankard@ncdenr.gov Information for Initial Review la. Name of project: COURTESY COPY Currituck Community Park, Phase 3 1a. Who is the Primary Contact?* Kim Williams - Davey Resource Group, Inc. 1b. Primary Contact Email: * kim.williams@davey.com Date Submitted 4/27/2023 Nearest Body of Water East Creek Basin Pasquotank Water Classification C; SW Site Coordinates Latitude: 36.390929 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Currituck Is this a NCDMS Project Yes No Longitude: -76.016378 Version#* 1 Reviewing Office* Washington Regional Office - (252) 946-6481 1c. Primary Contact Phone: * (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: 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 39 - Commercial/Institutional Developments 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: Currituck County 2b. Deed book and page no.: 2c. Contact Person: Jason Weeks - Currituck County Parks & Recreation Director 2d.Address Street Address 153 Courthouse Road, Suite 204 Address Line 2 city State / Province / Region Currituck NC Postal / Zip Code Country 27929 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (252)232-3007 2g. Email Address:* Jason.Weeks@CurrituckCountyNC.gov 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group, Inc. 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28403 USA 4d. Telephone Number: 4e. Fax Number: (910)452-0001 (910)452-0020 4f. Email Address: kim.williams@davey.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Barco 2. Project Identification 2a. Property Identification Number: portion of 005200000170000 2c. Project Address Street Address 613 Shortcut Road Address Line 2 City Barco Postal / Zip Code 27929 3. Surface Waters 3a. Name of the nearest body of water to proposed project: East Creek 3b. Water Resources Classification of nearest receiving water: C: Sw 3c. What river basin(s) is your project located in?* Pasquotank 3d. Please provide the 12-digit HUC in which the project is located. 030102051002 4. Project Description and History 2b. Property size: 12.8 State / Province / Region NC Country USA 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 currently undeveloped and forested. Wetlands exist in the eastern portion of the site and support mostly red maple and black gum trees. Uplands support a mix of loblolly pine (-- 6" - 8" DBH), sweetgum, horse sugar, and water oak. Existing park facilities are located to the north and east and the County airport is located to the west. A mobile home park is located to the south. 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: 6.27 acres (within entire park) 4g. List the total estimated linear feet of all existing streams on the property: N/A 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct baseball fields in Phase 3 of this community park. Permanent wetland impacts are needed to construct the road and parking. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project consists of the construction of two baseball fields, a concession/restroom building, several picnic shelters, batting cages, sidewalks, access road, stormwater pond, and parking. Additionally, two boardwalks will be constructed on pilings over wetlands to provide access to other fields. The boardwalk will be - 6' wide and will be a minimum of 3 feet above the wetland substrate. Pilings will be installed at -- 7.5-ft spacing. Mats will be used to avoid wetland impacts during construction. Sedimentation and erosion control measures will be installed. Then the limits of disturbance will be cleared of vegetation and graded. Structures and fields will then be installed. Track hoe, loader, dump truck, bob cat, and other 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 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-2020-01450 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Atlantic Environmental Consultants Agency/Consultant Company: Doug Dorman Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Billy Standridge with the USACE issued the PJD on 9/22/20. 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. This project is Phase 3 of the community park. 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 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 2g. Impact area * Road and parking P Hardwood Flat W1 Yes Both 0.089 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.089 2g. Total Permanent Wetland Impact 0.089 2i. Comments: 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: Wetland impacts have been minimized as much as possible in the site plan. However, because of the size of the fields and parking requirements, some impacts are needed. Pedestrian access boardwalks will be constructed on pilings over wetlands to avoid impacts to this resource. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A sedimentation and erosion control plan will be implemented during construction to limit impacts to downstream waters. 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: Permanent wetland impacts are less than 0.1 acre. 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: The site is located in the Pasquotank River Basin, which does not have riparian buffer requirements. 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 HWQ or ORW Coastal Counties Other Comments: Stormwater permits have been obtained for previous phases of the park. The project engineer is currently preparing a stormwater plan for Phase 3. 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 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * No EA was required. 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 L 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. No additional wetland impacts are anticipated within the tract. 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. The project will tie into the municipal wastewater treatment facility. 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? 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 within the site. There are occurrences of the federally listed northern long-eared bat and proposed for listing tri-colored bat within one mile of the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species require coastal and/or marine habitat. The site consists of uplands and freshwater wetlands and would not provide suitable habitat for these species. The site supports mostly hardwoods and would not provide suitable habitat for the RCW. The site is forested and may provide suitable roosting habitat for the NLEB and tri-colored bat. The USFWS determination key for the NLEB was completed and resulted in a "may affect" determination. Further coordination with the USFWS determined that maternity roosting trees are known to occur within 0.5 mile of the site. The applicant agrees to time of year clearing restrictions and has completed a BA form (attached) so that further consultation with the USFWS can occur. No other impacts to federally listed species are anticipated. 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 known cultural or historic resources. No cultural or historical resources were noted within the site. One surveyed structure (CK 0385; Crawford Township VFD) is located just south of the site and is identified as ineligible for listing. 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?" FEMA Flood Map Service Center website. 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 Currituck Park Attachments.pdf 8.43MB 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: Kim Williams Signature wa Date 4/27/2023 O