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HomeMy WebLinkAbout20231031 Ver 1_ePCN Application_20230724DWR 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: 6/19/2023 BIMS # Assigned 20231031 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: Western Boulevard Wawa 1a. Who is the Primary Contact?* Jeffrey Lewin/Capital Growth Buchalter 1b. Primary Contact Email: * jlewin@cgpre.com Date Submitted 7/24/2023 Nearest Body of Water Half Moon Creek Basin White Oak Water Classification C, NSW Site Coordinates Latitude: 34.802025 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Onslow, Is this a NCDMS Project Yes No Longitude: -77.418150 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Holley Snider:Holley.Snider@ncdenr.gov 1c. Primary Contact Phone: * (602)908-1424 Q V 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 39 - Commercial/Institutional 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: 401 Water Quality Certification - Express Riparian Buffer Authorization 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: Jacksonville 4336 Western WW LLC 2b. Deed book and page no.: 5777 and 193 2c. Contact Person: Jeffrey Lewin 2d.Address Street Address 361 Summit Boulevard, Suite 110 Address Line 2 city State / Province / Region Birmingham AL Postal / Zip Code Country 35243 USA Yes No Yes No 2e. Telephone Number: (602)908-1424 2g. Email Address:* jlewin@cgpre.com 3. Applicant Information (if different from owner) 3a. Name: Jeffrey Lewin 3b. Business Name: Capital Growth Buchalter 3c.Address Street Address 361 Summit Boulevard, Suite 110 Address Line 2 City Birmingham Postal / Zip Code 35243 3d. Telephone Number: (602)908-1424 3f. Email Address: JLewir@cgpre.com 4. Agent/Consultant (if applicable) 4a. Name: Michelle Measday 4b. Business Name: ECS Southeast LLC 4c.Address Street Address 5260 Greens Dairy Road Address Line 2 city Raleigh Postal / Zip Code 27516 4d. Telephone Number: (919)441-2437 4f. Email Address:* MMeasday@ecslimited.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Jacksonville 2. Project Identification 2f. Fax Number: State / Province / Region AL Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 437810469205 2.3 2c. Project Address Street Address 4336 Western Boulevard Address Line 2 City Jacksonville Postal / Zip Code 28546 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Half Moon Creek 3b. Water Resources Classification of nearest receiving water: C, NSW 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203020104 4. Project Description and History State / Province / Region NC Country USA 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 site currently consists of wooded land. General land use in the vicinity of the project include residential and commercial uses. 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: 0.015 4g. List the total estimated linear feet of all existing streams on the property: 430 4h. Explain the purpose of the proposed project:* The purpose and need of the project is for development of a Wawa convenience store with re -fueling services. Other aspects of the site include central location, sufficient size for the proposed building and services that can be supported with current infrastructure, and is complimentary to the existing commercial properties that are located in the general area. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project will introduce approximately 2.0 acres of impervious cover to the 2.3-acre site Stormwater management measures include the construction one detention basin that will collect stormwater from the newly created impervious areas introduced by the project. Design of the stormwater management measures meet State design standards and will be reviewed and approved by the City of Jacksonville. Jacksonville has been delegated authority to review the proposed stormwater management measures for the State. The development will be constructed via standard construction procedures. Proper erosion and sediment control measures would be utilized and maintained throughout the project. Typical materials and machinery will be used on -site during the construction process. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O 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-2023-00929 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Michelle Measday Agency/Consultant Company: ECS Southeast LLC 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? 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 0 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested" 2f. Type of Jurisdicition* (?) 2g. Impact area W1 Culvert P Small -Basin Wetland W1 L-A Corps 0.015 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.015 21. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.015 g1 3a. Reason for impact (?) Culvert 3b.lmpact type" Permanent 3c. Type of impact* Culvert 3d. S. name* Unnamed 3e. Stream Type* (?) Intermittent 3f. Type of Jurisdiction* Corps 3g. S. width Averege (feet) 3h. Impact liength* 152 (linear feet) fl Rip-Rap 71Temporary:] Bank Stabilization J Unnamed Intermittent Corps Averege (feet) � 56 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 152 3i. Total stream and ditch impacts: 210 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 58 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Kimley-Horn was tasked with avoiding/minimizing impacts to onsite wetland and stream resources, while creating a level area for the proposed convenence store and re -fueling area and providing two points of access to the site. Two right turn in/right turn out entrances/exits on Western and Carolina Forest Boulevards were required by Jacksonville for the development. Sidewalk was also required by Jacksonville along Western Boulevard. This has resulted in the stream and wetland impacts at the southwestern corner of the site. Shifting the driveway further west would impact the adjacent parcel and a stream crossing would still be necessary to access the site. Shifting the driveway east to avoid the wetland/stream crossing would bring the driveway closer to a major intersection creating unsafe conditions for ingress/egress to the site to and from Western Boulevard. The driveway width is the minimum width necessary to meet Wawa design standards and the City of Jacksonville ordinance for this commercial development. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Appropriate construction techniques will be used, and erosion control measures will be implemented to minimize siltation, sedimentation, and other impacts. Efforts will be made before, during, and after construction to minimize the extent and duration of project -related disturbances to downstream water resources. The construction techniques shall be conducted in accordance with North Carolina Department of Environment and Natural Resources standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control during roadway development activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State O 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: 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: The project is not located in a river basin requiring stream buffer protection. 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 Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Jacksonville and Onslow County 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. The project is a stand alone and complete project. 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. Onslow Water and Sewer Authority (OWSA). 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 O 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 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 Unknown 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? USFWS IPaC letter dated June 16, 2023. See Wetland Permit Application Report, Section 5.1 for further evaluation and conclusions. 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 Essential Fish Habitat 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? NC HPO Web Mapper and July 10, 2023 NC HPO response letter. Wetland Permit Application Report, Appendix 7. 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? FEMA MSC Mapping. Wetland Permit Application Report, Appendix III. 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 49-15421-E Wawa Jacksonville NC - 404-401 Wetland Permit Application Report.pdf 18.61MB 401 PreFile Request 2023-06-19.pdf 48.5KB 2023-07-21 Wawa (Western Blvd and Carolina Forest) Check Set.pdf 53.18MB Western CF Wetlands Impacts.pdf 1.11MB 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. O Full Name: Michelle Measday Signature I&A*aw4f Date 7/24/2023