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HomeMy WebLinkAbout20231090 Ver 1_ePCN Application_20230804DW R DHlslon 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: 6/9/2023 BIMS # Assigned 20231090 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Washington Regional Office - (252) 946-6481 Information for Initial Review 1a. Name of project: Cypress Pointe Subdivision 1a. Who is the Primary Contact? * Kim Williams - Davey Resource Group, Inc. 1b. Primary Contact Email: * kim.williams@davey.com Date Submitted 8/4/2023 Nearest Body of Water Tar River Basin Tar -Pamlico Water Classification C; NSW Site Coordinates Latitude: 35.586859 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Pitt Is this a NCDMS Project Yes No Longitude: -77.294979 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Robert Tankard:robert.tankard@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 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: Nationwide Permit (NWP) Number: 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 29 - Residential Developments 58 - Utility Line Activities for Water and Other Substances (frequently used) 18 - Minor Discharges 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 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: Clark Builders LLC 2b. Deed book and page no.: 2c. Contact Person: Lance Clark 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 200 E. Arlington Blvd; Suite A Address Line 2 city Greenville Postal / Zip Code 27858 2e. Telephone Number: (252)814-1481 2g. Email Address:* lweaver@biliclarkhomes.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) Cypress Pointe 1c. Nearest municipality / town: Greenville 2. Project Identification 2a. Property Identification Number: 87920; 60134; 04553; 87925; 87924 2c. Project Address Street Address NC Hwy 33 E Address Line 2 city Greenville Postal / Zip Code 27858 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Tar River 3b. Water Resources Classification of nearest receiving water: C; NSW 3c. What river basin(s) is your project located in? Tar -Pamlico State / Province / Region NC Country USA 2f. Fax Number State / Province / Region NC Country USA 4e. Fax Number: (910)452-0020 2b. Property size: 165.8 State / Province / Region NC Country USA O 3d. Please provide the 12-digit HUC in which the project is located. 030201030605 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:* Most of the site is fields. An area in the southern part of the site was recently cleared. The Tar River forms the site's northern boundary and forested wetlands exist in the northern part of the site, adjacent to the river. These wetlands support a mix of bald cypress and red maple trees. A small border of forested uplands exist just south of the wetlands and supports mostly sweetgum, with some loblolly pines, and tulip poplar. A tributary of the Tar River bisects the site and a couple of other jurisdictional channels are located within the property. A dirt road runs off Hwy 33 through the site and crosses the tributary. Adjacent land use is residential to the south and southwest, fields and forested areas to the northwest, the Tar River to the north, a mix of fields and commercial & residential development to the east. 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: 49 4g. List the total estimated linear feet of all existing streams on the property: 3367 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a residential development within the site to accommodate the housing needs of the area. Impacts to streams and riparian buffers are needed for road crossings, sewer line installation, and stormwater outfalls. Ajurisdictional ditch impact is also needed for lot development. 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 312 single-family lots, pool/clubhouse, access roads, utilities, and stormwater facilities. The limits of disturbance will be cleared of vegetation and graded. Utilities and roads will be installed. The roads will cross one jurisdictional stream. The road will be 28-ft, with a sidewalk and 3:1 slopes. A 48-in. culvert will be installed at this crossing to maintain hydrologic flow and will be buried per USACE and DWR requirements. The top of the riprap will be at the same elevation as the stream bed. A pump around system may be needed during road construction. But any impacts from this would be located within the footprint of proposed impacts as shown on the site plan and no additional impacts will be needed. Temporary stream and buffer impacts are needed to install a 15-in sewer line within a 40-ft easement that will cross a stream to connect into an existing sewer line on an adjacent tract. The pipe will be open cut and material taken from the easement will be stockpiled in uplands. A pump -around system will be employed during pipe installation. The contractor will dam up the existing pipe on the upstream end, place the pump there and run the hose around the crossing and discharge immediately downstream through a silt bag, etc. Once the pipe is installed, material will be returned back to the trench to match pre -construction elevations and the pump -around system will be removed. Stream banks will be seeded and stabilized. Vegetation within 30 It of the easement (centered over pipe) will be maintained. Four stormwater outfalls are also proposed within the riparian buffer. Treated stormwater will be conveyed via pipes into 15' x 16' rip rap aprons and then to the stream. No impacts to the stream are needed since the pipes will daylight in the back slope of the stream (see attached cross section). Once utilities and roads are in place, homes will 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 Comments: No 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-2021-01301 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Paul Farley Agency/Consultant Company: DRG Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Emily Thompson with the USACE issued a PJD on 9/28/2021. 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 Open Waters Pond Construction 3. Stream Impacts Buffers F] 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* g1 Road Crossing Permanent Culvert 3A (UT of Tar River) Perennial Both 83 Averege (feet) (linear feet) S2 Road Crossing Temporary Rip Rap Fill 3B (UT of Tar River) Perennial Both 40 Average (feet) (linear feet) S3 Sewer Line Installation Temporary Workpad/Causeway 6A (UT of Tar River) Perennial Both 20 Average (faeQ (linear feet) S4 Sewer Line Installation Temporary Excavation 6B (UT of Tar River) Perennial Both 36 Averege (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 83 3i. Total stream and ditch impacts: 179 3i. Total temporary stream impacts: 96 3j. Comments: Temporary impacts are needed to install riprap at the road crossing and a pump around system & pipe at the sewer line crossing. Permanent impacts are needed for the road crossing (culvert/road). 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type �114a. Waterbody type 4f. Impact area OW1 Lot Fill P N/A Fill _11 Ditch 0.02 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.02 4h. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other 4g. Total permanent open water impacts: 0.02 Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact 2A: Stormwater Ouffall (rip rap and FES) P UT of Tar River Yes 292 0 2B: Stormwater Pipe T UT of Tar River No 685 1,168 3: Road Crossing P UT of Tar River No 4,611 3,090 4A: Stormwater Ouffall (rip rap and FES) P UT of Tar River Yes 292 0 413: Stormwater Pipe T UT of Tar River No 862 1,033 5A: Stormwater Ouffall (rip rap and FES) P UT of Tar River Yes 292 0 5B: Stormwater Pipe T UT of Tar River No 606 880 6: Sewer Line Installation T UT of Tar River No 2,377 1,455 7A: Stormwater Ouffall (rip rap and FES) P UT of Tar River Yes 292 0 76: Stormwater Pipe T UT of Tar River No 538 864 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 5,068.00 5,400.00 Zone 1 Zone 2 Total Permanent impacts: 5,779.00 3,090.00 Zone 1 Zone 2 Total combined buffer impacts: 10,847.00 8,490.00 6i. 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: A stream spans the site and could not be avoided while still accessing uplands throughout the parcel. Although there is an existing crossing, it is not in a good location for the layout. Additionally, it is in bad condition and is washed out at either end. The applicant plans to remove it and restore banks at this location. The road width has been reduced as much as possible to minimize buffer and stream impacts. Stormwater riprap apron dimensions have been minimized as well. Impacts from the stormwater pipes will be temporary and the corridor will be allowed to revegetate. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent stream impacts are under 0.02 acre, which is the typical mitigation threshold for USACE. 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 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: Project engineer is currently preparing a stormwater plan. O 8 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. Project will not provide access or utilities to adjacent tracts. No additional impacts are anticipated on this site in the future. A sedimentation and erosion control permit and stormwater permit will be obtained prior to construction. 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. Project will tie into 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 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? 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. Several state -listed species have been identified within the Tar River, located just north of the site. The Atlantic sturgeon, bald eagle, and Neuse River waterdog are known to occur within a one mile radius of the site. The bald eagle nest is located approximately one mile northeast of the site. The proposed project will not affect this species. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species are aquatic. According to the Species Status Assessment reports from the USFWS, the Neuse Waterdog and Atlantic pigtoe are not known to occur in the Lower Tar Management Unit, which is the section of river that the project drains to. Additionally, the dwarf wedgemussel and Tar River Spinymussel are not known to occur in streams in Pitt County. Additionally, the stream located on site is likely too small to provide suitable habitat for the listed aquatic species. Furthermore, erosion control and stormwater permits will limit impacts to downstream waters. Most of the site is cleared, but the northwestern part of the tract is currently forested. This area could potentially provide appropriate winter and summer roosting habitat for the northern long-eared bat. DRG prepared a determination key for the NLEB, which resulted in a NLAA determination. 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) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8b. If yes, explain how project meets FEMA requirements: Most of the project is located outside of the 100 yr-0oodplain. However, the sewer line stream crossing and one stormwater ouffall will be located within the floodplain. Engineer will coordination with floodplain development manager to ensure FEMA requirements are met. 8c. What source(s) did you use to make the floodplain determination? Information from engineer and FEMA Flood Map Service Center website. 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 Cypress Pointe Attachments.pdf 7.97MB 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 Date 8/4/2023 L