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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