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HomeMy WebLinkAbout20210573 Ver 2_ePCN Application_20230614DWR Division 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: 10/4/2021 BIMS # Assigned 20210573 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Wilmington Regional Office - (910) 796-7215 Information for Initial Review la. Name of project: Stanley Martin Homes Cannon Tract 1a. Who is the Primary Contact?* Kim Williams - Davey Resource Group, Inc. 1b. Primary Contact Email: * kim.williams@davey.com Date Submitted 6/14/2023 Nearest Body of Water UT of Town Creek Basin Neuse Water Classification C; SW Site Coordinates Latitude: 34.181298 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Brunswick Is this a NCDMS Project Yes No Longitude: -78.103500 Version#* 2 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Holley Snider:Holley.Snider@ncdenr.gov 1c. Primary Contact Phone: * (910)452-0001 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. 10/4/2021 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: 29 - Residential Developments 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 401 Water Quality Certification - Express Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 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: STANLEY MARTIN HOMES LLC 2b. Deed book and page no.: 2c. Contact Person: Robert Bennett 2d. Address Street Address 4006 St. James Drive Address Line 2 City St. James Postal / Zip Code 28461 2e. Telephone Number: (910)400-8589 2g. Email Address:* benneftrm@stanleymartin.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group, Inc. 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 city Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* kim.williams@davey.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Leland 2. Project Identification 2a. Property Identification Number: 0560005101 2c. Project Address Street Address Old Town Creek Rd NE Address Line 2 City Leland Postal / Zip Code 28451 3. Surface Waters 3a. Name of the nearest body of water to proposed project: UT of Town Creek 3b. Water Resources Classification of nearest receiving water: C; Sw 3c. What river basins) is your project located it * Neuse State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (910)452-0020 2b. Property size: 162 State / Province / Region NC Country USA O 3d. Please provide the 12-digit HUC in which the project is located. 030300050601 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: Portions of the site are undeveloped and forested. Some residential construction is currently underway on the site. Historically the tract has been used for silvicultural production. Several dirt roads extend throughout the site. Two streams run the length of the site in the eastern section. Jurisdictional and non -jurisdictional wetlands are scattered throughout the site. Adjacent land use is mostly undeveloped and forested or residential. 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: 26 acres (22 acres jurisdictional and 4 acres isolated) 4g. List the total estimated linear feet of all existing streams on the property: - 4,200 LF 4h. Explain the purpose of the proposed project:" The purpose of the project is to construct a residential subdivision within the tract to serve the housing needs of Brunswick County. Jurisdictional wetland and stream impacts are needed for road crossings to provide access throughout the site. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project consists of constructing a residential development with 280 single-family lots. Stormwater ponds are planned throughout the site as well. Note that the Town of Leland is requiring the developer to plan development to allow connection to an adjacent tract to the west. This property is owned and being developed by another entity under separate permits. Although the Town required road interconnectivity, they are independent projects that are each single and complete. Most roads are between 26' and 36' wide. Sidewalks are also proposed, as required by the Town of Leland. Retaining walls will also be used to minimize impacts. Culverts installed within streams will be buried 20 % of the pipe diameter. Rip rap is also shown on the downstream end of the crossing. The amount of rip rap proposed is based on the Town's requirements. They require the road be designed to the 25 year storm. Bottomless culverts are proposed over two intermittent streams. The limits of disturbance will be cleared of vegetation and graded. Utilities and stormwater facilities will be installed. At the bottomless culvert crossings, a silt fence will be installed on either side of the stream bottom (jurisdictional limits) to protect it during construction. A pump around system may be needed while installing the footers if there is water in the intermittent streams during construction. Therefore, temporary impacts are shown for these crossings. However, no heavy equipment will be placed within the streams. Homes will then be constructed. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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-2020-01466 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Paul Farley Agency/Consultant Company: DRG Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Gary Beecher approved the delineation during a site meeting in February of 2021 and confirmed that non-jd wetlands are isolated. A JD has not yet been issued. Robb Mairs with NC DWR performed a stream determination on site. He also assessed the non-jd wetlands and determined that they were isolated and pocosin habitat. 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? No 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 Road Crossing P Non-Riverine Swamp Forest :71 W1 Yes Both 0.130 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.130 21. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.130 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name" 3e. Stream Type" 3f. Type of 3g. S. width 3h. Impact ?) Jurisdiction* length* S1 Road Crossing - culvert Permanent Culvert S1 Intermittent Both 56 Averege (feet) (linear feet) S2 Road Crossing - rip rap Permanent Rip Rap Fill S1 Intermittent Both 18 Average (feet) (linear feet) S3 Road Crossing - culvert Permanent Culvert S2 Intermittent Both 42 Average (feet) (linear feet) S4 Road Crossing - rip rap Permanent Rip Rap Fill S1 Intermittent Both 18 Averege (feet) (linear feet) S5 Road Crossing - culvert Permanent Culvert S1 Intermittent Both 84 Average (feet) (linear feet) S6 Road Crossing - rip rap Permanent Rip Rap Fill S2 Intermittent Both 10 Averege (feet) (linear feet) g7 Road Crossing - culvert Permanent Culvert F Intermittent Both 52 Average (feet) (linear feet) S8 Road Crossing - rip rap Permanent Rip Rap Fill S1 Intermittent Both 15 Averege(feeq (iinearfeet) S9 Installation of Bottomless Temporary Workpad/Causeway S1 Intermittent Both 95 Culver( Averege (feet) (linear feet) S10 Installation of Bottomless Temporary Workpad/Causeway J S2 --I:] Intermittent Both 133 Culvert Averege (feeq (linear feet) 31. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 31. Total temporary stream impacts: 295 228 31. Total stream and ditch impacts: 523 3j. Comments: Of the stream impacts due to road crossings, 61 LF will be for rip rap that will be keyed into the stream bank. Therefore, no permanent loss will result from these impacts. 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: Lots were planned to avoid jurisdictional wetlands and most streams. Streams run the entire length of the site and avoiding them completely was not possible. Additionally, the Town encourages interconnectivity within a development to allow multiple ways in/out. Therefore, several crossings are needed to provide access to lots. Stream and wetland crossings were narrowed as much as possible in the design. Retaining walls will be used and two bottomless culverts are also proposed to cross intermittent streams to reduce impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A sedimentation and erosion control permit and stormwater permit will be obtained prior to construction. 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: LCFUMB (wetlands) and NCDMS (stream) 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.2 Stream 234 3c. Comments Proposed stream mitigation is a 1:1 mitigation to impact ratio of the stream impacts due to culverts. Rip rap will be keyed into banks and no mitigation is proposed for those impacts. 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 If no, explain why: Project is located within the Cape Fear River Basin, which does not have riparian buffer protection rules. 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: Engineer is currently preparing a stormwater plan. 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) 8 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 Town of Leland is requiring that the developer stub out roads that will eventually lead to adjacent sites to provide interconnectivity. No additional impacts are anticipated for the subdivision. Erosion control and stormwater permits will be obtained to minimize impacts to downstream waters. 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. Subdivision will tie into the municipal wastewater treatment system. 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. Raleigh 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? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur within the site. There is one occurrence (1994) of the federally listed red -cockaded woodpecker within a one mile radius of the site. However, the site has been used for silvicultural production and has been periodically logged. It does not provide suitable habitat for the RCW. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species require coastal and/or marine habitat and would not be found within the site. Channels on site do not appear to be large enough to provide suitable habitat for the American alligator. Forested areas within the site may provide suitable roosting habitat for the northern long-eared bat. The NLEB d-key was completed for this project and resulted in a NLAA determination. The site does not appear to provide suitable habitat for any other species known to occur in the area. 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 EFH Mapper 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 NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. 8. Flood Zone Designation (Corps Requirement) Be. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8b. If yes, explain how project meets FEMA requirements: Engineer will ensure that FEMA requirements are met. 8c. What source(s) did you use to make the floodplain determination?" FEMA Flood Map Service Center website was reviewed. 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 flies here to attach document Cannon Attachments 2023.pdf 11.17MB 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: Kim Williams Signature wa Date 6/14/2023 �^J