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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