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HomeMy WebLinkAbout20210934 Ver 2_Preserves at Holland Pre-Construction Notification (PCN) submittal 071222_20230731DWR IDIOM— 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 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govfVVaterResources/0/edoc/624704/PCN / 20Help/ 20File/ 202018-1-30.pdf A. Processing Information O Pre -Filing Meeting Date Request was submitted on: 5/10/2021 If this is a courtesy copy, please fill in this with the submission date. County (or Counties) where the project is located:" Wake Is this a NCDMS Project" 0Yes ONo Click Yes, only if NCD MS is the applicant or co -applicant. Is this project a public transportation project?" O Yes OO No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. la. Type(s) of approval sought from the Corps:" ❑O 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?" O Yes O No 1 b. What type(s) of permit(s) do you wish to seek authorization?" ❑ Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑O Standard (IP) 1c. Has the NWP or GP number been verified by the Corps?" OYes ONo Are you a federal applicant?" 0Yes ONo If yes, please provide a statement concerning compliance with the Coastal Zone Management Act." No selected 1 d. Type(s) of approval sought from the DWR: check all that apply ❑O 401 Water Quality Certification - Regular ❑ Non-404 Jurisdictional General Permit O Individual 401 Water Quality Certification 1e. Is this notification solely for the record because written approval is not required? ❑ 401 Water Quality Certification - Express ❑ Riparian Buffer Authorization For the record only for DWR 401 Certification: O Yes O No For the record only for Corps Permit: O Yes O No 1f. Is this an after -the -fact permit application?" Yes C- No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. O Yes O No Acceptance Letter Attachment Click the upload button or drag and drop files hereto attach document FILE TYPE MUST BE PDF 1 h. Is the project located in any of NC's twenty coastal counties?" Yes No 1j. Is the project located in a designated trout watershed?" 0Yes ONo Linkto trout information: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?" Josh Swindell 1c. Primary Contact Phone:" 1 b. Primary Contact Email" (xxx)xxx-xxxx josh@envisionhomesnc.com (919)389-7595 1d. Who is applying for the permit?" Owner O Applicant (other than owner) (Check all that apply) 1e. Is there an AgentlConsultant for this project?" OO Yes O No 2. Owner Information 2a. Name(s) on recorded deed:" Trinity Brownstones, LLC 2b. Deed book and page no.: Book: 18724, Page: 2489 2c. Contact Person: (for Corporations) Josh Swindell 2d.Address* Street Address 4441 Six Forks Road Address Line 2 City State / Province / Region Raleigh NC Postal /Zip Code Country 27609 United States 2e. Telephone Number:" (919)389-7595 2f. Fax Number 2g. Email Address:" josh@envisionhomesnc.com 4. Agent/Consultant (if applicable) 4a. Name:" Scott Mitchell 4b. Business Name: inapplicable) Mitchell Environmental, PA 4c. Address" Street Address 1501 Lakestone Village Lane Address Line 2 Suite 205 City Fuquay-Varina Postal /Zip Code 27526 4d. Telephone Number:" (919)669-0329 4f. Email Address:" scott@mitchellenvironmental.com C. Proiect Information and Prior Proiect History 1. Project Information 1a. Name of project:" The Preserves at Holland 1b. Subdivision name: (if appropriate) State / Province / Region NC Country United States 4e. Fax Number: (xxx)xxx-xxxx u lJ 1c. Nearest municipality/town:" Fuquay-varina 2. Project Identification lJ 2a. Property Identification Number: 2b. Property size: (tax PIN or parcel ID) (in acres) 0666428418 28.39 2c. Project Address Street Address 804 Holland Road Address Line 2 City State / Province / Region Fuquay-Varina NC Postal /Zip Code Country 27526 United States 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:" Longitude:" 35.570370-78.781895 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" UT to Kenneth Creek 3b. Water Resources Classification of nearest receiving water:" C Surface Water Lookup 3c. What river basin(s) is your project located in?" Cape Fear 3d. Please provide the 12-digit HUC in which the project is located." 030300040501 River Basin Lookup 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:" Existing conditions on the site are primarily agricultural fields with a few structures and barns. The land use in the general vicinity is mostly residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?" 0• Yes O No O Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). Corps: SAW-2021-01104 4b(2). Is Any Portion of the Work Already Complete?" 0Yes 0No If yes, describe the completed work. Sewer and water system installation are under construction. 4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for work described in this application, not related to the 404 or 401. 4f. List the total estimated acreage of all existing wetlands on the property: 1.11 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 0 4h. Explain the purpose of the proposed project:" The purpose of the project is to develop the land into a residential subdivision including roadway and utility infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" Equipment to be used is that typical with roadway and utility infrastructure construction, including excavators, bull dozers, dump trucks, etc. 4k. Will this activity involve dredging in wetlands or waters?" O Yes 0• No If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area 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?" 0• Preliminary O Approved O Not Verified O Unknown N/A Corps AID Number: Example: SAW-2017-99999 SAW-2021-01104 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Mitchell Environmental, PA Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR. June 28, 2021 6. Future Project Plans 6a. Is this a phased project?" O 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 projector related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. 7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) 8. Scheduling of Activity: D. Proposed Impacts Inventory v 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters O Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". 2a1 Reason"(?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name" 2e. Forested" 2f. Type of Jurisdicition" 2g. Impact area" Fill P Unknown B Yes Corps 0.071 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.071 2g. Total Wetland Impact 0.071 2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: 2,600 of soil fill 2i. Comments: 3i. Total cubic yard stream impacts:" 0 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a1. Impact Reason 4b. Impact type" (?) rName of waterbody (?) 4d. Activity type" 4e. Waterbody type" 4f. Impact area" Pond Fill P Pond Fill Pond L(a:res)__J 4g. Total temporary open water Impacts: 0.00 4g. Total permanent open water impacts: 0.75 4g. Total open water impacts: 0.75 4g. Total cubic yard open water impacts:" 2600 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:" Avoidance of wetland fringe around the pond is not practical due to the close proximity to the proposed fill of open water. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:" Silt fencing will be provided to contain impacts to the proposed area only. 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? v Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Thresholds for mitigation not met. NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 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 O No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: Cape Fear River Basin 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?" 0Yes ONo 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?" 0Yes ONo To look up low density requirement click here 15A NCAC 02H .1003(2). 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?" OO Yes O No O N/A - project disturbs < 1 acre Hint: projects that have vested rights, exemptions, or grandfathenng from state or locally implemented storm —ter programs or projects that satisfy state or locally -implemented stonnwater programs through use of community in -lieu programs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):" ❑O Local Government ❑ State If you have a local government approval please include the SMP on their overall impact map. Local Government Stormwater Programs" ❑O Phase II ❑ NSW H USMP ❑ Water Supply Please identify which local government stormwater program you are using." Fuquay-Varina Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds orthe 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 (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?" O Yes O No 3b. If you answered "no," provide a short narrative description. The project only has one phase. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?" vYes L�)No0N/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?" O Yes No 5d. Is another Federal agency involved?" Yes No 5e. Is this a DOT project located within Division's 1-8?" O Yes OO No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?" OO Yes O No 5g. Does this project involve bridge maintenance or removal?" O Yes OO No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?*" O Yes OO No OO Unknown 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized piledrivers, etc.?" Yes C) No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?" USFWS iPaC 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) Linkto the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/h/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?" O Yes • No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?" HPOWEB 2.0 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?" v Yes No 8c. What source(s) did you use to make the floodplain determination?" Wake County iMaps Floodplain layer Miscellaneous Comments 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 USACE Holland pond fill app 6.20.22.pdf 303.33KB File must be PDF or KMZ Signature ❑O 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, • 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'), • agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'), • understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature, AND • intend to electronically sign and submit the PCN form. Full Name:" Adam Aycock Signature" Date 7/12/2022