HomeMy WebLinkAbout20221704 Ver 2_ePCN Application_20230531DW 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:
4/27/2023
BIMS # Assigned
20221704
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Washington Regional Office - (252) 946-6481
Information for Initial Review
1a. Name of project:
Fremont Meadows
1a. Who is the Primary Contact?*
Wyatt Brown
1b. Primary Contact Email: *
brownenvgrp@gmail.com
Date Submitted
5/31/2023
Nearest Body of Water
Aycock swamp
Basin
Neuse
Water Classification
C; Sw, NSW
Site Coordinates
Latitude:
35.53823
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wayne
Is this a NCDMS Project
Yes No
Longitude:
-77.95765
Version#*
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Robert Tankard:robert.tankard@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:
LITTLE RIVER JOCO PROPERTIES, LLC
2b. Deed book and page no.:
Deed 3700, Page 517
2c. Contact Person:
Danny Creech
2d.Address
Street Address
402C BLUEGRASS RD
Address Line 2
City
State / Province / Region
Selma
NC
Postal / Zip Code
Country
27576
US
Yes No
Yes No
2e. Telephone Number:
(919)422-5100
2g. Email Address:*
cholloman@nationallandrealty.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:
Fremont
2. Project Identification
2a. Property Identification Number:
3615020389
2c. Project Address
Street Address
862 E NC 222 HWY
Address Line 2
City
Fremont
Postal / Zip Code
27830
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Aycock swamp
3b. Water Resources Classification of nearest receiving water:"
C; Sw, 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.
030202030202
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
44.96 acres
State / Province / Region
NC
Country
us
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: *
Existing conditions are approximately 50 % farmland and 50 % cutover, formally logged woodland. The property is in the ETJ of Fremont. Most of the immediate area is farmland with the
urban area of Fremont close by.
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:
8.69 acres
4g. List the total estimated linear feet of all existing streams on the property:
3022.36 Ift
4h. Explain the purpose of the proposed project:*
The purpose of this project is to provide -80 building lots for single family homesites.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
As stated above, the project hopes to provide -80 building lots for single family homes. The utility hookups will be provided by the developer. The initial clearing will be just enough to
install sediment control measures. The area will be rough graded by a bull dozier and fine graded by a motor grader. A bull dozier will be used to clear the wooded area for the streets. The
crossing culvert will be installed by track hoe. The streets will be asphalt paved and utility lines will be placed in the street right of way.
The only impact will be a necessary stream crossing and Neuse Buffer Impact as a result of the stream crossing.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
PJD Package submitted with this PCN submittal
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):
Agency/Consultant Company:
Other:
6. Future Project Plans
Wyatt Brown
Brown's environmental Group, Inc
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
ta. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
F I
3a. Reason for impact ()
3b.lmpact type*
3c. Type of impact*
3d. S. name"
3e. Stream Type*
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
fl
Road crossing
Permanent
Culvert
Stream 3
Intermittent
Both
Averege (feet)
52
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
52
31. Total stream and ditch impacts:
52
3j. Comments
3i. Total temporary stream impacts:
0
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
Allowable
P
Stream 3
No =113,567
2,207
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 3,567.00 2,207.00
Zone 1 Zone 2
Total combined buffer impacts: 3,567.00 2,207.00
6i. Comments:
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:
We could not avoid the stream crossing since the stream runs across the property. We are crossing the stream perpendicular, we are also using
headwalls. The use of headwalls shortened the stream impact from 68 linear feet without headwalls to 52 linear feet with headwalls. We are going to
install the crossing when rainfall is not forecasted and will not install the crossing in periods of high flow.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The project will have an approved sediment and erosion control plan which will call for silt fences around the wetlands. The disturbed areas in the stream
crossing area will be protected with seeding and mulch immediately after the crossing is installed.
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
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
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
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:
The approval letter for the Stormwater plan is attac
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.
The Project Area is in the ETJ of Fremont but located on private farm land. I don't foresee this housing project generating any more development.
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?
1) NC Natural Heritage, letter attached below in Miscellaneous.
2) 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- ". They are usually found in streams wider than 15 meters (m), deeper than 100 centimeters (cm), and with a main channel flow
rate greater than 10cm/second." This is a 1st order stream barely intermittent flow, we don't overlap the critical habitat. No habitat no affect. 4) Carolina
Madtom-"Carolina madtoms prefer clean water with permanent flow and are not tolerant of siltation and turbidity." Project Area does not overlap the
critical habitat. No habitat, no affect. 5) Monarch Butterfly-" Are found in meadows, roadsides, and sandy areas where milkweed plants grow." The
cleared areas are farm field, no ,milkweeds, 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?
NOAA
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, SHPO aerial 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?*
The most northern part of the Project Area is in Zone AE, no construction will be in this area.
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
Fremont Meadows Preliminary JD Package 1.pdf 2.2MB
Fremont Meadows PCN Attachments 1.pdf 2.88MB
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
�%iJrtLta�tAt:Yr
Date
5/31 /2023