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HomeMy WebLinkAbout20180511 Ver 2_ePCN Application_20230504DW 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: 2/8/2023 BIMS # Assigned 20180511 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: Oak Park 1a. Who is the Primary Contact?* Sean Clark 1b. Primary Contact Email: * sclark@sageecological.com Date Submitted 5/4/2023 Nearest Body of Water Cedar Creek Basin Tar -Pamlico Water Classification C;NSW Site Coordinates Latitude: 36.0690 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Franklin Is this a NCDMS Project Yes No Longitude: -78.4447 Version#* 2 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone:* (919)559-1537 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. 4/9/2018 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 29 - Residential 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: 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: 2 Gen Holdings, LLC 2b. Deed book and page no.: DB: 1882, DP: 312 2c. Contact Person: Earl Dickinson 401 Water Quality Certification - Express Riparian Buffer Authorization * Yes No Yes No 2d. Address Street Address 4905 Dickens Road Address Line 2 Suite 201 city Richmond Postal / Zip Code 23230 2e. Telephone Number: (804)291-8481 2g. Email Address:" earl@westhomes.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Hamlin 4b. Business Name: Sage Ecological Services, Inc. 4c.Address Street Address 3707 Swift Drive Address Line 2 city Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)622-7888 4f. Email Address:' khamlin@sageecological.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Oak Park 1c. Nearest municipality I town: Youngsville 2. Project Identification 2a. Property Identification Number: 1864-13-4291 & 1864-44-2743 2c. Project Address Street Address Oak Park Boulevard (east of intersection with Hicks Road) Address Line 2 city Youngsville Postal / Zip Code 27596 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Cedar Creek 3b. Water Resources Classification of nearest receiving water: C;NSW State / Province / Region VA Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 216 State / Province / Region NC Country USA a 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. 030201010401 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 northern portion of the Site contains constructed homes and graded lots. The southern portion of the Site is mostly vacant farmland with occasional forested areas. Land use in the vicinity includes residential, agricultural and forested land, and undeveloped land. A PCN application was submitted on April 9, 2018, by Mr. Sean Clark of Sage. A 404 verification was issued on June 29, 2018 (SAW-2018-00897). A 401 verification and a Tar -Pamlico River Riparian Buffer Authorization were issued on May 24, 2018 (NCDWR #18-0511). The northern portion of the Project has been constructed, and Impact Area C has been completed. However, Impact Areas A and B were not completed prior to the expiration of the 404/401 verifications. No changes to the previously permitted impacts are proposed. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?' Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2018-00897 404 issued June 29, 2018 NCDWR #18-0511 401 and Riparian Buffer Authorization issued May 25, 2018 4f. List the total estimated acreage of all existing wetlands on the property: 34.68 4g. List the total estimated linear feet of all existing streams on the property: 11,107 4h. Explain the purpose of the proposed project:* The purpose of the Project is to construct a residential subdivision with associated roads, utilities, and other infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" The proposed Project involves construction of a residential development with attendant infrastructure. Access to the Site will be provided by road connections to existing Oak Park Boulevard. Currently, the northern portion of the Project has been constructed. The attached Overall Impact Map sheet depicts the completed portion with hatching and callouts. This includes Impact Site C — 0.079 acre of permanent wetland fill. Impact Sites A and B have not been completed. There are no proposed changes to these impact sites from the previous submittal. Permanent riparian buffer impacts will result from a proposed sewerfine crossing at Impact Site A. Proposed permanent stream and riparian buffer impacts will result from a proposed culverted road crossing and a driveway at Impact Site B. The Project proposes to tie into existing utilities adjacent to the Site. Stormwater detention ponds are proposed to treat stormwater on the Site. Typical equipment used in construction and utility projects (i.e., backhoes, excavators, dump trucks) will be utilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes Comments: No 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-2018-00897 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Mr. David Gainey, Mr. Sean Clark Agency/Consultant Company: Sage Ecological Services, Inc. Other: Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A site meeting was held with Mr. Andy Williams of the USACE on December 5, 2017. A site meeting was held with NCDWR on October 13, 2017 and a letter (NBRRO# 17-352) issued on October 18, 2017. 6. Future Project Plans 6a. Is this a phased project?* Yes O No 6b. If yes, explain. The northern portion of the Project has been constructed, including Impact Area C. The remaining phase of the Project includes the southern portion and Impact Areas A and B. No changes to the previously permitted impacts are proposed. 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 Open Waters Pond Construction 2. Wetland Impacts Buffers 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested" 2f. Type of JurisdicitiI ?) 2g. Impact area * Impact C - (Already completed) :1 Lot Fill P Headwater Forest WX No :1 Both 0.079 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.079 2i. Comments: Total permanent wetland impacts due to Lot Fill are 0.079 acre - this impact has been completed. 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.079 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* J3�name* �3e. Stream Type* 3f. Type of Jurisdiction * 3g. S. width 3h. Impact length S1 Impact B - Road Crossing Permanent Culvert SF Intermittent Both L-lg. (feet) 108 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 108 0 31. Total stream and ditch impacts: 108 3j. Comments: Total proposed permanent stream impact due to fill from a culvert to construct a road crossing is 108 LF (0.007 acre). 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 Impact A - Sewerline crossing (aerial) w/ 20' P SE No 1,014 1,305 wide easement - Deemed Allowable Impact B - Road Crossing - Allowable w/ P SE Yes 7,650 6,696 Mitigation Impact B - Driveway (non -crossing) - Allowable P SE Yes 0 403 w Mitigation 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 8,664.00 8,404.00 Zone 1 Zone 2 Total combined buffer impacts: 8,664.00 8,404.00 6i. Comments: Impact A - the proposed aerial sewerline crossing will have a 30-ft wide construction corridor and a 20-ft wide maintenance easement. Total proposed permanent Zone 1 impacts are 1,014 SF and proposed Zone 2 impacts are 1,305 SF. This impact is considered "Deemed Allowable" per the Table of Uses. Impact B - the proposed road crossing will result in 7,650 SF (0.175 ac) of permanent Zone 1 impacts and 6,696 SF (0.154 ac) of permanent Zone 2 impacts for a total of 14,346 SF (0.329 ac). Due to site constraints, this road crossing could not be designed perpendicularly to the stream; therefore, this impact is considered "Allowable with Mitigation." Impact B - the proposed driveway impact will result in 403 SF (0.009 ac) or permanent Zone 2 impact. The driveway does not cross the stream; therefore, this impact is considered "Allowable with Mitigation." 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: A wetland, stream, and riparian buffer delineation were performed to identify environmentally sensitive areas on the Site prior to site design. The Project was designed to avoid & minimize impacts to jurisdictional features while meeting the goals of the residential development plan. Streams are not crossed multiple times by roads. The sewerline utility at Impact Area A will not result in impacts to the stream. The road crossing at Impact Area B was aligned to avoid impacts to the adjacent downstream wetland. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Equipment will be parked and cleaned in uplands away from jurisdictional areas. Work within jurisdictional areas will be conducted during periods when dry weather is predicted, and large bare areas of soil will be reseeded and protected as soon as practicable. Silt fencing and sediment basins will also be used to prevent sediment runoff into the stream and wetland areas. 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: Proposed permanent wetland impacts are less than 0.1 acre and proposed permanent stream impacts are less than 150 LF and 0.02 acre. Therefore, mitigation for impacts to Waters of the U.S. are not proposed. 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 Impact B - Non -perpendicular road crossing 7,650 3 22,950 Zone 2 Impact B - Non -perpendicular road & driveway 7,099 1.5 10,649 crossing 6f. Total buffer mitigation required 33599 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6j. Comments: Compensatory buffer mitigation is proposed for unavoidable permanent impacts to riparian buffers for a non -perpendicular road and driveway crossing at Impact Area B. A total of 33,599 riparian buffer credits will be purchased from the NC Division of Mitigation Services (NCDMS). 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 O O 2. Stormwater Management Plan 2a. Is this a NC DOT 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. Franklin County Comments: The stormwater management plan will be reviewed and approved by the locally delegated authority. The applicant requests the 401 Certification approval be conditioned to require the stormwater management plan be approved before any impacts may be conducted. 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. Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative impact" since the project already in a developed landscape (i.e., existing residences and development in the vicinity) and the area already contains the necessary infrastructure (i.e., sewer, water, electricity, etc.). The project drains to Cedar Creek, which is Class C; Nutrient Sensitive Waters (NSW), (i.e., not HQW or ORW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed. 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 proposes to tie into existing sewer line adjacent to the Site. 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 a 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? According to the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) database, seven threatened and endangered species, one Proposed Endangered species, one Candidate species, and the bald eagle are potentially present on the Site. Project waters do not provide suitable habitat for Carolina madtom, Atlantic pigtoe, dwarf wedgemussel, Tar River spinymussel, and yellow lance as they are small first order streams with slow velocity and are dominated by silt substrates. Soils on the site range from slightly acidic to very strongly acidic which are not preferred by Michaux's sumac. Potential habitat within Cedar Creek for Neuse River waterdog is present; however, Cedar Creek experiences periods of high turbidity which may affect this species. Per the USFWS, the nearest dwarf wedgemussel identified stream reach is +/-2.14 river miles downstream of the Site. The nearest identified stream reach for Carolina madtom, Atlantic pigtoe, and yellow lance is over 20 river miles from the Site. Potential habitat for tri-colored bat (Proposed Endangered) and monarch butterfly (Candidate) is present on the Site. There are several ponds of sufficient size to support foraging habitat nearby the Site; however, no visible signs of bald eagle habitat are present on the Site. The INC Natural Heritage Program (NCNHP) database report indicates no known occurrences of threatened or endangered species on or within 1.0 mile of the Site (see attached report dated April 25, 2023). 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 Essential Fish Habitat (EFH) Mapper: https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper The Project is located in Franklin County which does not contain any Essential Fish Habitat. 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 Site is not listed as a historic property or within a historic district. No historic structures were found on the Site. Five historic properties and one historic district were identified within one mile of the Site. Three properties are designated as "Surveyed Only (SO)", and two properties are designated as "SO -Gone." The Raleigh & Gaston Rail Corridor (NC0008) is designated as a "Determined Eligible' boundary located west of the Site. Figure 4 provides a graphical representation and description of these properties. 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 portion of the northeastern boundary of the Site contains FEMA-designated 100-year floodplain, however, no structures are proposed to be constructed within this area. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center (https://msc.fema.gov/portal/search) Panel 3720186400K, effective on 4/16/2013 Miscellaneous l-J 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 File must be PDF or KMZ Comments Attachments: Agent Authorization Form Figure 1 — USGS Site Vicinity Map Figure 2 — Soil Survey Site Vicinity Map Figure 3 — Wetland and Stream Sketch Map Figure 4 — NCSHPO Map NCNHP Database Report IPaC Resource List Notice of Intent to File Permit Application Impact Maps NCDMS Mitigation Statement of Acceptance NCDWR Buffer Determination Letter (October 18, 2017) SAW-2018-00897 404 Verification (June 29, 2018) NCDWR #18-0511 401 Verification and Riparian Buffer Authorization (May 25, 2018) Signature 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: Kimberly Hamlin Signature o,bmj #wu Date 5/4/2023