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HomeMy WebLinkAbout20230778 Ver 1_ePCN Application_20230601DW 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: 5/3/2023 BIMS # Assigned 20230778 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: Stephenson Road Tract Driveway 1a. Who is the Primary Contact?* Wyatt Brown 1b. Primary Contact Email: * brownenvgrp@gmail.com Date Submitted 6/1 /2023 Nearest Body of Water Pole Branch Basin Neuse Water Classification C,NSW Site Coordinates Latitude: 35.48942 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: -78.54718 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 14 - Linear transportation 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 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: Wayne Livingston, Christine Livingston 2b. Deed book and page no.: 06104,0957 2c. Contact Person: 2d.Address Street Address 435 STEPHENSON RD Address Line 2 city BENSON Postal / Zip Code 27504 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country us Yes No Yes No 2e. Telephone Number: (919)524-1935 2g. Email Address:* Clivingston825@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) 1c. Nearest municipality / town: Benson 2. Project Identification 2a. Property Identification Number: 163300-53-0645 2c. Project Address Street Address 435 STEPHENSON RD Address Line 2 city BENSON Postal / Zip Code 27504 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Pole 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. 030202011203 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country US 4e. Fax Number: 2b. Property size: 5.0 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: * The existing conditions are farm land. The land owner is giving their child 4 acres to build a house on in a farm field. The general land use in the vicinity is farmland. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown a 4f. List the total estimated acreage of all existing wetlands on the property: 0.0 4g. List the total estimated linear feet of all existing streams on the property: -30 linear feet 4h. Explain the purpose of the proposed project:" The purpose is to build a narrow drive/creek crossing to access high ground across the creek to construct 1 homesite. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * An - 636.0 Ift drive with a 30 ft wide easement will be constructed along with a creek crossing to access high ground across the creek for a homesite. There will be stream and buffer impacts, no wetland impacts. The crossing will be installed by a track hoe. Any utilities will be installed in the drive. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Unknown Comments: Wyatt Brown did a field check, no wetlands impacted. 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): 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 3. Stream Impacts U F 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 71ff:] Culvert Stream 1 Intermittent Both Average (feet) � 50 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 50 0 3i. Total stream and ditch impacts: 50 3j. Comments: 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 F Stream 1 No =112,813 1,346 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 2,813.00 1,346.00 Zone 1 Zone 2 Total combined buffer impacts: 2,813.00 1,346.00 6i. Comments: 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: We cannot avoid the impact, so the crossing has been minimized by narrowing the crossing using a 301ft wide easement with a 401ft culvert, We are also crossing the stream perpendicular. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The stream is intermittent at best. A pump around will be used if the amount of flow requires it. The crossing will not be installed in periods of high flow or when rain is forecasted. If the pump around is not used A check dam will be installed upstream and downstream of the crossing during the instillation. the entrapped sediment will be removed before the check dams are removed. All the construction work will be performed in 1 day. The construction area will immediately be stabilized with a ground cover. 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: less than the threshold. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the INC 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 a Comments: This crossing is for 1 building lot only. 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. Only 1 building lot, located in the country. This will not spur any additional 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 5L 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? Natural Heritage -Letter attached. 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." This project is in the mddle of a cleared farm field, no habitat, no affect. 2) Red -cockaded Woodpecker -"The red -cockaded woodpecker makes its home in mature pine forests." 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 first order stream, barely intermittent, no habitat, no affect. 4) Carolina Madtom"Carolina madtoms prefer clean water with permanent flow and are not tolerant of siltation and turbidity." No habitat, no affect. 5) Atlantic Pigtoe-"The Atlantic pigtoe is dependent on clean, moderate -flowing water with high dissolved oxygen content in creek and riverine environments." No habitat, no affect. 6) 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, picture 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 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 Stephenson Crossing PCN Attachments 1.pdf 12.28MB File must be PDF or KMZ Comments The Neuse Buffer Authorization has been sent to Johnston County. This PCN is for a single family home site on the family farm. 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 9(%�tArN' Date 6/1/2023 6