HomeMy WebLinkAbout20230683 Ver 1_ePCN Application_20230513DW 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:
4/4/2023
BIMS # Assigned
20230683
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:
Wellons Park
1a. Who is the Primary Contact?*
Wyatt Brown
1b. Primary Contact Email: *
brownenvgrp@gmail.com
Date Submitted
5/13/2023
Nearest Body of Water
UT Big Branch
Basin
Neuse
Water Classification
C,NSW
Site Coordinates
Latitude:
35.57038
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Johnston
Is this a NCDMS Project
Yes No
Longitude:
-78.20517
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joseph Myers:joseph.myers@ncdenr.gov
1c. Primary Contact Phone:*
(919)524-5956
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
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying forthe 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:
JONES CREEK, LLC
2b. Deed book and page no.:
Book 06198 page 0540, Book 06198 Page 0540, Book 06198 Page: 0540
2c. Contact Person:
Lanny Clifton
2d.Address
Street Address
5160 NC HIGHWAY 42 W
Address Line 2
City
State / Province / Region
GARNER
NC
Postal / Zip Code
Country
27529-8417
us
Yes No
Yes No
2e. Telephone Number:
(919)971-5353
2g. Email Address:*
lannycliftonbuilder@gmail.com
4. Agent/Consultant (if applicable)
4a. Name:
Wyatt Brown
4b. Business Name:
Brown's Environmental Group, Inc
4c. Address
Street Address
242 Batten Farm Road
Address Line 2
City
Selma
Postal / Zip Code
27576
4d. Telephone Number:
(919)524-5956
4f. Email Address:
brownenvgrp@gmaii.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
same
1c. Nearest municipality / town:
Micro
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
US
4e. Fax Number:
2a. Property Identification Number:
263600-63-0208, 263600-63-5883,263600-62-
2b. Property size:
3968
-49.0
2c. Project Address
Street Address
610 W MAIN ST
Address Line 2
City
State / Province / Region
Micro
NC
Postal / Zip Code
Country
27555
US
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT Big Branch
3b. Water Resources Classification of nearest receiving water:
C,NSW
3c. What river basin(s) is your project located in?
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011602
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 uplands area of the site is in row crops. The wetland area was logged approximately 3-4 years ago and is now a cut over.
The general land use is agriculture, woodland and single family homes.
a
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:
-18.81 acres
4g. List the total estimated linear feet of all existing streams on the property:
2361.Olinear feet
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to provide single family housing for the growing demand of homes on Johnston County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
There is 1 wetland necessary crossing proposed to be able to connect to 19 lots. Since the almost all of the high ground is in cropland, no clearing and grubbing should be required. The
roads will be constructed by bull dozers and motor graders. The utilities will be provided by the developer and the supply lines will follow the street construction. The streets will be paved
with asphalt. The septic will be handled by sanitary sewer, which will be installed by a track hoe.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No G 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-2022-02452
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Wyatt Brown
Agency/Consultant Company: Brown's Environmental Group, Inc
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?
Not to my knowledge
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 *
ffpact
culvert crossing
L
ll-Basin Wetland
F.,
Wetland A
t
Both
0.209
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.209
2g. Total Wetland Impact
0.209
2i. Comments:
I have ran NC WAM on this wetland. It rates low and in my opinion should allow the mitigation to be paid as 1:1. 1 am sending the NC WAM rating form
and results in a separate email.
E. Impact Justification and Mitigation
O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
1) Crossing the wetland at most narrow point practical 2) Crossing the wetland perpendicular as possible 3) Side slopes of fill on the street in the wetland
has been steepened to 3:1. 4) The road shoulders have been reduced to 5 ft in the area of the wetland crossing.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The wetlands will be clearly marked and protected with silt fence in the construction areas. The disturbed areas in the wetland for the crossing will be
seeded and mulched soon as possible after construction. The
project will follow the approved sediment and erosion control plan.
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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Arrington Bridge III Site, EBX-Neuse
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland
3c. Comments
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
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
Comments:
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.
This is a very rural area for Johnston County. I don't foresee any additional development caused by this project.
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.
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?
NC Natural Heritage -Letter attached below
IPaC- 1) Tricolored Bat "TCB primarily roost in foliage of live and dead trees in the spring, summer, and fall, and hibernate in caves and other
subterranean habitats during the winter." The area of wetland impact is a cutover with only shrub trees and no caves. No habitat no affect. 2) Red -
cockaded Woodpecker -"The red -cockaded woodpecker makes its home in mature pine forests." The wetland area is a cutover, no habitat, no affect.3)
Neuse River Waterdog-No affect, no stream 4) Carolina Madtom-No habitat, no affect. 5) Atlantic Pigtoe-No affect 6) Dwarf Wedgemussel-No affect. 7)
Tar River Spinymussel-No affect 8) Yellow Lance -No affect 9) Monarch Butterfly "Are found in meadows, roadsides, and sandy areas where milkweed
plants grow." No habitat, no affect.
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?
None in Johnston County
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?
Website above, aerial map attached.
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? *
Website above. Big Branch on the N side of the property is rated Zone AE. No construction will occur in that area. Construction Plans are attached.
Miscellaneous
u
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
Wellons Park PCN Package.pdf 3.05MB
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:
Wyatt Brown
Signature
�ytt>CI��IAt•.W
Date
5/13/2023