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HomeMy WebLinkAbout20231094 Ver 1_ePCN Application_20230807DWR 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: 5/19/2023 BIMS # Assigned 20231094 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Murphy's Ridge Subdivision 1a. Who is the Primary Contact?* Sean Clark 1b. Primary Contact Email: * sclark@sageecological.com Date Submitted BM2023 Nearest Body of Water Knap of the Reeds Creek Basin Neuse Water Classification WS-II, HWO, NSW Site Coordinates Latitude: 36.2509 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Granville Is this a NCDMS Project Yes No Longitude: -78.7775 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone: * (919)559-1537 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 29 - Residential 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: 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 401 Water Quality Certification - Express Riparian Buffer Authorization 1d. Who is applying forthe 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: Askeaton Realty, LLC 2b. Deed book and page no.: DB 19031 DP 87 2c. Contact Person: John Downes 2d.Address Street Address 3306 Edge View Address Line 2 City State / Province / Region San Antonio TX Postal / Zip Code Country 78259 USA Yes No Yes No 2e. Telephone Number: (210)257-9503 2g. Email Address:* johnpdownes@yahoo.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Hamlin 4b. Business Name: Sage Ecological Services, Inc. 4c.Address Street Address 3707 Swift Drive Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)622-7888 4f. Email Address: khamlin@sageecological.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Murphy's Ridge 1c. Nearest municipality / town: Oxford 2. Project Identification 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 096000492238 & 09610516569 220.12 2c. Project Address Street Address north of intersection of Enon Road and Crown Oaks Drive Address Line 2 City State / Province / Region Oxford NC Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Knap of the Reeds Creek 3b. Water Resources Classification of nearest receiving water:" WS-II, HWQ, NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010401 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: * The Site consists of mostly undeveloped forest, with a powerline easement and a small, maintained field located in the southern portion of the Site. The tree canopy consists of mature pines and hardwood trees. Large portions of the Site have been clearcut within the last decade and are undergoing succession. In these areas, juvenile shortleaf and loblolly pines tend to be the dominant canopy species. The terrain of the Site ranges; with large hills, steep drainages, and flat floodplains occurring throughout. Land use in the vicinity includes residential, agricultural and forested land, and undeveloped land. a 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: 1.351 4g. List the total estimated linear feet of all existing streams on the property: 11132 4h. Explain the purpose of the proposed project:* The purpose of the Project is to construct a residential subdivision with associated attendant features (roads, utilities, and other infrastructure). 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed Project involves construction of a residential development with attendant infrastructure. Impacts to jurisdictional wetlands and streams are proposed to reach upland portions of the Site for development. Access to the Site will be provided by one road connection to the existing Enon Road to the south. The Project proposes to utilize on -site well and septic systems for drinking water and wastewater treatment, respectively. Proposed permanent wetland and stream impacts will result from one culverted road crossing. Proposed permanent wetland impacts total 0.007 acre (333 SF) and proposed permanent stream impacts total 85 LF (664 SF / 0.015 acre) to install one culvert. A riprap dissipator pad at the culvert outlet is proposed as permanent — no loss impacts totaling 32 LF (828 SF / 0.019 acre). The riprap will be keyed into the banks and will be installed flush with the existing stream bed elevation. Temporary stream impacts due to dewatering to construct the culvert will be 58 LF (467 SF / 0.01 acre). Proposed temporary wetland impacts total 387 SF (0.009 acre) for culvert construction. Stormwater detention ponds are proposed to treat stormwater on the Site. Typical equipment used in residential construction and utility projects (i.e., backhoes, excavators, dump trucks) will be utilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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: 5c. If Sa is yes, who delineated the jurisdictional areas? Name (if known): Ryan Elliott & Ian Warr Agency/Consultant Company: Sage Ecological Services, Inc. Other: 6. Future Project Plans 6a. Is this a phased project?* Yes O No 6b. If yes, explain. The Project is located within a High Quality Water (HOW) zone. Uncovered areas in HQW zones shall be limited to a total of 20 acres within the boundaries of the tract at any given time. Disturbance will be split into three phases: infrastructure phase 1, infrastructure phase 2, and phase 3 - individual lot construction. 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 Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason (?) Road crossing - culvert 2b. Impact type * (?) P 2c. Type of W. * water Forest ff 2d. W. name WE1 2e. Forested * Yes 2f. Type of Jurisdicition * ?) Both 2g• Impact area * 0.003 (acres) Road Crossing - culvert P Headwater Forest WE Yes Both 0.004 acres) Roadway - Culvert - ��T Headwater Forest WE Yes Both 0.009 Temporary Construction (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.009 0.007 2g. Total Wetland Impact 0.016 2i. Comments: Construction of one culvert will result in permanent wetland impacts totaling 0.007 acre (WE & WE1) and temporary wetland impacts totaling 0.009 acre (WE). 3. Stream Impacts 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* 31 Site 1 - Road Crossing - Permanent Culvert SE Perennial Both 85 Culvert Average (feet) (linear feet) g2 Site 1 - Riprap Dissipater Pad Permanent Rip Rap Fill SE Perennial Both 32 Average (feet) (linear feet) S3 Site 1 - Temporary Temporary Dewatering SE Perennial Both 35 Dewatering Ave age (feet) (linear feet) gq Site 2 - Temporary Temporary Dewatering SE fft��] Both 23 Dewatering Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 117 58 31. Total stream and ditch impacts: 175 3j. Comments: Permanent stream impacts total 85 LF (664 SF / 0.015 acre), permanent - no loss impacts for a riprap dissipater pad total 32 LF (828 SF 10.019 acre), and total temporary stream impacts total 58 LF (467 SF / 0.01 acre) for dewatering (SE). 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact 1-A, 1-B, 2-A, 2-B - Road Crossing - P SE No 6,404 6,402 Allowable Upon Authorization Impact 1-A, 1-B, 2-A, 2-B, 2-C, 2-D - Road T E No 2,601 1,169 Crossing - Allowable Upon Authorization t 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 2,601.00 1,169.00 Zone 1 Zone 2 Total Permanent impacts: 6,404.00 6,402.00 Zone 1 Zone 2 Total combined buffer impacts: 9,005.00 7,571.00 6i. Comments: Permanent Zone 1 impacts total 6,404 SF (0.14 acre) and permanent Zone 2 impacts total 6,402 SF (0.14 acre). Total temporary Zone 1 impacts are 2,601 SF (0.06 acre) and total temporary Zone 2 impacts are 1,169 SF 90.02 acre). Total riparian buffer impacts are 16,576 SF (0.38 acre). E. Impact Justification and Mitigation 0 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: A wetland, stream, and riparian buffer delineation were performed to identify environmentally sensitive areas on the Site prior to site design. The Project was designed to avoid & minimize impacts to jurisdictional features while meeting the goals of the residential development plan. Lots were positioned to avoid impacts to wetlands. The construction of the stormwater control measures avoids impacts to jurisdictional features. Sage worked closely with the design engineer to minimize the impacts of the culverted stream crossing. The original iteration would have required stream mitigation; however, the final site design is below mitigation thresholds. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Equipment will be parked and cleaned in uplands away from jurisdictional areas. Work within jurisdictional areas will be conducted during periods when dry weather is predicted, and large bare areas of soil will be reseeded and protected as soon as practicable. Silt fencing and sediment basins will also be used to prevent sediment runoff into the stream and wetland areas. 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: Proposed stream and wetland impacts are below mitigable thresholds and proposed riparian buffer impacts are considered "Allowable Upon Authorization." Therefore, no mitigation is required for this Project. 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 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 Comments: The stormwater management plan will be reviewed and approved by the locally delegated authority. The applicant requests the 401 Certification approval be conditioned to require the stormwater management plan be approved before any impacts may be conducted. 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 E) 3b. If you answered "no," provide a short narrative description. Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative impact" since the project already in a developed landscape (i.e., existing residences and development in the vicinity) and the area already contains the necessary infrastructure (i.e., sewer, water, electricity, etc.). The project drains to Knap of the Reeds Creek, which is WS-Il, HOW, Nutrient Sensitive Waters (NSW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed. 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. The Project proposes individual septic systems for wastewater treatment. 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 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? According to the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) database, four threatened and endangered species, one Proposed Endangered species, one Candidate species, and the bald eagle are listed as potentially present on the Site. Potentially suitable habitat for Carolina madtom and Neuse River waterdog is present within Stream SA (Knap of the Reeds Creek) and Stream SB. However, the closest Identified Stream Reach (ISR) for each species is separated from the Site by the Lake Butner dam. Potential marginal habitat for harperella is present in Stream SB. Suitable habitat for smooth coneflower is present within the overhead transmission easement that runs along the southwestern corner of the Site. No work is proposed in this area. Potential habitat for tri-colored bat (Proposed Endangered) and monarch butterfly (Candidate) is present on the Site. Multiple farm ponds of sufficient size to support foraging habitat for bald eagles are nearby the Site; however, no individuals or nests were observed during the Site visit. 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 (EFH) Mapper: https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper The Project is located in Granville County which does not contain any Essential Fish Habitat. 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? NCSHPO HPOWEB Map Service The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site and no historic properties were listed within one mile of the Site. Figure 4 provides a graphical representation of nearby historic properties in relation 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: FEMA-regulated floodplain is present along Knap of the Reeds Creek in the southwestern corner of the Site; however, no structures are proposed in this area. 8c. What source(s) did you use to make the floodplain determination?" FEMA Flood Map Service Center Panel 3720096000J, effective on 04/16/2007 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 NWP29 Request - Murphys Ridge Subdivision - Granville County - Sage #2023.055.pdf 7.32MB File must be PDF or KMZ Comments Attachments: Agent Authorization Form Figure 1 — USGS Site Vicinity Map Figure 2 — Soil Survey Site Vicinity Map Figure 3 — Wetland and Stream Sketch Map Figure 4 — NCSHPO Map IPaC Resource List Notice of Intent to File Permit Application (May 19, 2023) Neuse River Riparian Buffer Determination (NBRRO #22-564) Impact Maps ORM Spreadsheet Preliminary JD Package Preliminary ORM Form Jurisdictional Determination Request Form PJD Form Granville County Tax Map Wetland Determination Data Forms NCDWR Stream Forms Site Photos 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: Kimberly Hamlin Signature 0400 #Xkft Date 8/7/2023 8