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HomeMy WebLinkAbout20230631 Ver 1_ePCN Application_20230428i DWR 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: 9/21/2020 BIMS # Assigned 20230631 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: Fieldstone Subdivision Phase 1 la. Who is the Primary Contact?* Brent Nesom 1b. Primary Contact Email: * bnesom@feiconsulting.com Date Submitted 4/28/2023 Nearest Body of Water Fryes Creek Basin Yadkin-PeeDee Water Classification 03040101 Site Coordinates Latitude: 35.956118 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Davidson Is this a NCDMS Project Yes No Longitude: -80.275046 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Seren Homer:Seren.Homer@ncdenr.gov 1c. Primary Contact Phone: * (336)544-6421 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 Please provide the date of the previous submission. 10/22/2020 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): 29 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 43 - Storm Water Management Facilities 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 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: Clayton Properties Group, LLC 2b. Deed book and page no.: 25821053 2c. Contact Person: Will Derrickson 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No O 2d. Address Street Address 221 Jonestown Road Address Line 2 City Winston Salem Postal / Zip Code 27104 2e. Telephone Number: (336)544-6421 2g. Email Address:* wderickson@mungo.com 4. Agent/Consultant (if applicable) 4a. Name: Brent Nesom 4b. Business Name: FEI 4c.Address Street Address 8518 Triad Drive Address Line 2 city Colfax Postal / Zip Code 27235 4d. Telephone Number: (336)544-6421 4f. Email Address:* bnesom@feiconsulting.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Fieldstone 1c. Nearest municipality / town: Lexington 2. Project Identification 2a. Property Identification Number: 301400000027 2c. Project Address Street Address 800 South Union Grove Road Address Line 2 city Lexington Postal / Zip Code 27295 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Fryes Creek 3b. Water Resources Classification of nearest receiving water: 03040101 3c. What river basin(s) is your project located in? Yadkin-PeeDee State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 33 State / Province / Region NC Country USA 3d. Please provide the 12-digit HUC in which the project is located. 030401011308 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: " Agricultural areas with some clusters of wooded areas. Very Open for the majority of the site. 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: 2.5 4g. List the total estimated linear feet of all existing streams on the property: 9,470 4h. Explain the purpose of the proposed project:" Single Family residential subdivision 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: There are 2 phases of single family residential homes. The overall impacts will be to the wetlands for a pond and the a wetland impact for a culvert crossing. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Q 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-2020-01640 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Brame Agency/Consultant Company: Pilot Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 10/20/2020 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. Phase 2 will incorporate 200+ single family residential homes 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 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 W-1 2a1 Reason (?) Pond 2b. Impact type * (?) P 2c. Type of W. * Unknown 2d. W. name DW1 2e. Forested * No 2f. Type of Jurisdicition * ?) Corps 2g• Impact area * 0.200 (acres) E�] Culvert P ffUnknownCorpsDW1No 0.090 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.290 2g. Total Wetland Impact 0.290 2i. Comments: Installation of Pond will be fill in this impact area (NWP 43) and the Road Crossing will have a Culvert associated (NWP 29) 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: Refocusing the layout to have only one pond impact and having no streams impacted and only have impacts to Wetlands 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Using low light weight machinery and non -track machinery where applicable. 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: Area of impact is below individual thresholds for each NWP applied 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 State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: Fast Track Application is to be applied. 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. No additional impacts outside of the shown are planned. 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 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 online USFWS Online search tool https://fws.maps.arcgis.com 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? Online GIS data system https://www.habitat.noaa.gov 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? Using the http://gis.ncdcr.gov/hpoweb/ provided above 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No Be. What source(s) did you use to make the floodplain determination? Using the firmette maps provided. 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 Wetland Impact Maps.pdf 9.44MB File must be PDF or KMZ Comments See attached PJD for reference 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: Brent Nesom Signature Date 4/28/2023 M