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