HomeMy WebLinkAbout20231195 Ver 1_ePCN Application_20230825DW R
DHlsloo 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:
7/24/2023
BIMS # Assigned
20231195
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
1a. Name of project:
Hall Tract
1a. Who is the Primary Contact?*
Emory Quillian
1b. Primary Contact Email: *
emory.quillian@timmons.com
Date Submitted
8/25/2023
Nearest Body of Water
Lockwoods Folly River
Basin
Lumber
Water Classification
C;Sw
Site Coordinates
Latitude:
34.037097
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:
-78.208401
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider: Hol ley.Snider@ncdenr.gov
1c. Primary Contact Phone:*
(919)532-3258
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: 18 - Minor Discharges
Nationwide Permit (NWP) Number: 29 - Residential Developments
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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
1i. Is the project located within a NC 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:
Andrew Hall
2b. Deed book and page no.:
04241 /1075
2c. Contact Person:
2d. Address
Street Address
P.O. Box 1346
Address Line 2
City
Wrightsville Beach
Postal / Zip Code
28480
2e. Telephone Number:
(910)617-7793
2g. Email Address:*
none@email.com
3. Applicant Information (if different from owner)
3a. Name:
Will Riddick
3b. Business Name:
DR Horton, Inc
3c.Address
Street Address
6752 Parker Farm Road
Address Line 2
city
Wilmington
Postal / Zip Code
28405
3d. Telephone Number:
(843)737-2904
3f. Email Address:*
WHRiddick@drhorton.com
4. Agent/Consultant (if applicable)
4a. Name:
Emory Quillian
4b. Business Name:
Timmons Group
4c.Address
Street Address
5410 Trinity Road
Address Line 2
Suite 102
City
Raleigh
Postal / Zip Code
27607
4d. Telephone Number:
(919)532-3258
4f. Email Address:
emory.quillian@timmons.com
C. Proiect Information and Prior Proiect History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town
Bolivia
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2. Project Identification
2a. Property Identification Number:
1530001001
2b. Property size:
135.88
2c. Project Address
Street Address
0 Old Ocean Hwy 17 (Business 17)
Address Line 2
city
Boliva
Postal / Zip Code
28422
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Lockwoods Folly River
3b. Water Resources Classification of nearest receiving water:'
C;Sw
3c. What river basin(s) is your project located in?
Lumber
3d. Please provide the 12-digit HUC in which the project is located.
030402080104
4. Project Description and History
State / Province / Region
NC
Country
USA
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 Hall Tract site is approximately 135.88 acres located off Old Ocean HWY 17 (Bus. 17) in Bolivia, North Carolina within Brunswick County. The Site consists primarily of forested area
with approximately 12 acres of maintained open area associated with agricultural uses, and one maintained power utility easement. Additionally, two palustrine forested wetlands totaling
approximately 79 acres, two potential non -wetland waters totaling approximately 1,366 linear feet are located within the Site. Lockwoods Folly River borders and transects the southern
perimeter of the Site, within the wetland area. In addition, approximately 20 acres of the forested area appears to be a planted pine forest with an approximate age of 20 years. The Site is
bound by forested and residential area to the north and west, and forested areas to the south and east.
The proposed residential development will consist of single-family homes, stormwater control measures, roadways, and utility improvements (i.e. public water supply and sanitary sewer
alignment).
A delineation of the project area was completed by Southern Environmental Group (SEGI) on July 12, 2022. The delineation was approved by the US Army Corps of Engineers (USACE)
and a preliminary jurisdictional determination (PJD) was issued by Gary H Beecher on October 11, 2022, with a reference number SAW-2022-01670. Wetlands were surveyed by Cape
Fear Engineering on February 7, 2023.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2022-01670
4f. List the total estimated acreage of all existing wetlands on the property:
74.63
4g. List the total estimated linear feet of all existing streams on the property:
1,366
4h. Explain the purpose of the proposed project:
The purpose of the project is to construct a single-family residential development consisting of single family lots with community cohesion and the necessary amenities within Brunswick
County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project is a single -phased residential development that is located off Old Ocean HWY 17 (Bus. 17) in Bolivia, North Carolina within Brunswick County.
The project will include single family homes and associated amenities, including stormwater control measures and utility and road improvements.
All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment,
graders, and earth movers. SCMs are required and will be used.
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?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01670
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Noah Dean
Agency/Consultant Company: SEGI
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
07/12/2022 — Delineation completed by SEGI
10/11/2022 — Delineation approved and preliminary jurisdictional determination (PJD) was issued by Gary H Beecher of the USACE
02/07/2023 — Wetlands surveyed by Cape Fear Engineering
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 other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this
permit application.
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
L
2a1 Reason (?)
2b. Impact type* M
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
(?)
2g. Impact
area *
Proposed Site Grading
P
ottomland Hardwood Forest
f
PWWUS 1
Yes
Both
0.005
(acres)
d Lot and Site
Proposed
P
Bottomland Hardwood Forest
PWWUS 1
Yes
Both
0.01
Grading
s)
26
Proposed Site Grading
P
Bottomland Hardwood Forest
PWWUS 1
Yes
Both
0.002
(acres)
Proposed Site Grading
P
ffornland Hardwood Forest
PWWUS 1
Yes
Both J�:::]
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.021
2g. Total Permanent Wetland Impact
0.021
2i. Comments:
The proposed wetland impacts are all permanent and due to lot and site grading. The impacts are minimal and will not require mitigation.
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:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining site and lot
grading impacts proposed are necessary in order for the project's goals to be realized.
Wetland impacts are necessary for the construction of residential lots that require grading that overlaps wetland area. For this project, a 3:1 slope was
used for all impact locations. The steeper slope decreases the footprint of the proposed lot and reduces wetland impacts.
Q
V
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the
requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and
local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install
silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All
erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once
every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will
be kept by the owner's representative.
Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best
Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to
prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill
will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore,
stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project
construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of
disturbance within jurisdictional waters.
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:
The wetland impacts are less than 1/1 0-acre, therefore compensatory mitigation is not required.
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
If no, explain why:
The project is located within the Lumber River Basin and therefore does not require NC Riparian Buffers.
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
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Brunswick County
Comments:
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.
The proposed project is a single and complete project that will not result in additional impacts. All impacts associated with the project are accounted for
herein.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/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?
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?
Information was collected from the US Fish and Wildlife Service Information for Planning and Consultation and the North Carolina Natural Heritage
Program. Please see attached Threatened and Endangered species report.
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 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? *
A search of the North Carolina Natural Heritage Preservation Office's (HPO) online database and the North Carolina Department of Environmental and
Natural Resources (DENR) Division of Historical Resources (DHR) data identified two historical resources as occurring within a 1-mile radius of the
proposed project limits. No historical resources were identified within the project area. The listings identified within the specified search radius include
two Surveyed Only (SO) sites.
The SO site BW0482: Bolivia Fire Lookout Tower, is located approximately 0.04 miles from the northeastern corner of the proposed project limits, but is
across Old Ocean HWY 17, and is occluded by a mature mixed hardwood and pine forest buffer and other existing properties between the proposed
development and Old Ocean HWY 17. The other SO site, BW0474: Galloway House, is over 0.9 miles west of the project boundaries.
Considering the proposed project's consistency with the surrounding land use, along with all proposed work being limited to the project area, the project
area's distance from all listings, and existing land use between the site and listings, the proposed project should have no effect on historical resources.
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:
According to FEMA FIRM panel 3720213000K (effective 08/28/2018) and 3720214000K (effective 08/28/2018), the southern portion of the project area
are located within Zone AE, an area with 1 % annual chance flood hazard and base flood elevations of approximately 10.3 and 9.9 feet above mean sea
level. This area of the site will be avoided.
The remainder of the site is located within Zone X, an area of minimal flood hazard.
8c. What source(s) did you use to make the floodplain determination?"
FEMA FIRM panel 3720213000K (effective 08/28/2018) and 3720214000K (effective 08/28/2018)
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
2023.08.25_ePCN Cover Page and Attachments.pdf 24.37MB
File must be PDF or KMZ
Comments
Signature
p 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:
Emory Quillian
Signature
,N-wa J,061 -
Date
8/25/2023
O