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HomeMy WebLinkAbout20171384 Ver 1_ePCN Application_20230804DWR 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: 4/20/2023 BIMS # Assigned 20171384 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: Grayson Park Phase 3C 1a. Who is the Primary Contact?* Dana A. Lutheran 1b. Primary Contact Email: * dlutheran@segi.us Date Submitted 8/4/2023 Nearest Body of Water Bishops or Turkey Creek Basin Cape Fear Water Classification C;sw Site Coordinates Latitude: 34.194501 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: -78.101821 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Holley Snider:Holley.Snider@ncdenr.gov 1c. Primary Contact Phone: * (910)228-1841 0 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: 14 - Linear transportation 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 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 fig. 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 INC 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: Grayson Park Development, LLC 2b. Deed book and page no.: 04508 0456 2c. Contact Person: Steve Shuttleworth 2d. Address Street Address 711 Carolina Beach Ave N Address Line 2 City State / Province / Region Carolina Beach NC Postal/Zip Code Country 28428 us Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (719)499-1373 2g. Email Address:* Steve@stevesshuttleworth.com 4. Agent/Consultant (if applicable) 4a. Name: Dana Lutheran 4b. Business Name: Southern Environmental Group, Inc. (SEGi) 4c.Address Street Address 5315 South College Road Address Line 2 Suite E City State / Province / Region Wilmington NC Postal / Zip Code Country 28412 us 4d. Telephone Number: 4e. Fax Number: (910)228-1841 4f. Email Address:* dlutheran@segi.us C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Grayson Park 1c. Nearest municipality / town: Leland 2. Project Identification 2a. Property Identification Number: 2b. Property size: 04600009 40 2c. Project Address Street Address Terminus of Grayson Parkway Address Line 2 City State / Province / Region Leland NC Postal / Zip Code Country us 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Bishops or Turkey Creek 3b. Water Resources Classification of nearest receiving water: Qsw 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. 030300050601 4. Project Description and History Q u 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 project site is Phase 3C of the Grayson Park Subdivision, where Phase 3A is currently under construction. Phase 3C is currently undergoing logging and contains cleared upland areas, where spoil mounds were stored. Pine flat and Pocosin type wetlands meander throughout the subdivision and bisect the property in such a way that access to available uplands is cut off, without crossing the wetlands (see attached 2014 AJD). Residential is the main land use in the vicinity of the proposed project. 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: 7.0 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: The purpose of this project is to provide interconnectivity between Phases 3A and 3C of the Grayson Park Subdivision, which will provide housing in an area where the demand is very high. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project will entail removing vegetation and unsuitable soils from the two wetland areas and installing connector pipes, which will ensure hydrology can pass between the remaining wetland complex, and back filling with clean earthen soil. In total, the two road crossings will permanently impact 0.25-acre of wetlands. Large machinery, such as dump trucks, front end loaders and backhoes, will be used to complete the work. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No G Unknown Comments: SEGi is not seeking a JD with this action request. 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: Previously issued under SAW-2015-02611 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Tom Gulley Agency/Consultant Company: Land Management Group Other: 6. Future Project Plans 6a. Is this a phased project? * Yes G No 6b. If yes, explain. This is Phase 3C of an eight phase subdivision, which previously received authorization to permanently impact 0.24-acre of non -riparian wetlands, which was necessary to cross two wetlands, in Phases 2B and 2C (see attached). The work has been completed in accordance with the approved plan. All impacts within the Grayson Park S.D. are to be treated cumulatively. Therefore, the previously authorized and proposed wetland impacts will total 0.49-acre. 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? USACE AID #: SAW-2006-40295 NWP and SAW-2015-02611 Phase 3 JD (Expired 2021) DWR Project#: Unknown 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 (?) Road Crossing 2b. Impact type * (?) P 2c. Type of W. * Pocosin 2d. W. name A 2e. Forested * No 2f. Type of Jurisdicitio n * (?) Both �29. Impact area * 0.120 (acres) Road Crossing P Frsin :JB Yes :: Both ] 0.130 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.250 2g. Total Wetland Impact 0.250 2i. 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: Prior to designing the project, the Applicant had the wetlands delineated and surveyed. Once it was determined avoiding wetland impacts was not possible, the Applicant designed the roads to cross the wetlands as perpendicular as possible and minimize the width of the crossing by reducing the slope of the fill. Additionally, connector pipes were included in the design to ensure hydrology is not altered and wildlife can pass through. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment and erosion control measures will be installed prior to performing land disturbing activities, which should ensure sediment does not discharge into wetlands and/or outside the approved limits of disturbance. The measures will be inspected regularly and repaired/replaced when needed. Furthermore, the Applicant incorporated a connector pipe to ensure hydrology is maintained between the remaining wetlands. 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): D W R 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: Lower Cape Fear UMB 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.50 3c. Comments See attached. 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 NC Riparian Buffer Protection Rules? Yes No If no, explain why: The project is not within one of NC's Riparian Buffer River Basins. 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 Comments: Stormwater will be permitted through the town of Leland. G. Supplementary Information 1. Environmental Documentation O O la. 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. This project will not require additional wetland impacts to make it viable, but did require 0.24-acre of wetland impacts to compete two previous phases, thus in total 0.49-acre of permanent wetland impacts will have taken place. Stormwater and sediment and erosion control best management practices should ensure there are no impacts to downstream receiving 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. Municipal sewer is available and has been approved by the local authority. 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? IPaC was utilized to obtain an official species list (see attached). The Phase 3B and Phase 3C have recently been logged. Thus, the project will have no effect on NLEB and/or RCW, as habitat is no longer present. See attached IPaC NLEB No Effect Letter and RCW SLOPES form attached. 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? The project does not contain a waterbody that would support EFH. 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 Historic Preservation Office HPOWEB2.0 GIS Map (see attached). The site is not located within an area designated as a National Historic Place and there are no structures within the project limits. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?" Yes No 8b. If yes, explain how project meets FEMA requirements: Special construction requirements are not necessary in this flood zone. 8c. What source(s) did you use to make the floodplain determination?" Brunswick County GIS Flood Map (see attached). 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 dreg and drop files here to attach document File must be PDF or KMZ Comments Please feel free to call. 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: Dana A. Lutheran Signature .r�rliws01q!%MrRA4 Date 8/4/2023 O