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HomeMy WebLinkAbout20231196 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: 7/19/2023 BIMS # Assigned 20231196 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Joseph Myers:joseph.myers@ncdenr.gov Information for Initial Review 1a. Name of project: COURTESY COPY Ashby Village 1a. Who is the Primary Contact?* Samuel Adam Carter 1b. Primary Contact Email: * Adam@wetlandnc.com Date Submitted 8/25/2023 Nearest Body of Water Carrs Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: 35.449621 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Lee Is this a NCDMS Project Yes No Longitude: -79.129211 Version#* 1 Reviewing Office* Raleigh Regional Office - (919) 791-4200 1c. Primary Contact Phone:* (910)890-2779 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: D.R. HORTON INC 2b. Deed book and page no.: 1676 909 2c. Contact Person: Charles Person 2d.Address Street Address 2000 AERIAL CENTER PKWY STE 110 Address Line 2 City State / Province / Region MORRISVILLE NC Postal / Zip Code Country 27560 USA Yes No Yes No 2e. Telephone Number: (443)307-3386 2g. Email Address:* RCStuart@drhorton.com 4. Agent/Consultant (if applicable) 4a. Name: Samuel Adam Carter 4b. Business Name: Wetland Solutions, LLC 4c.Address Street Address P.O. Box 244 Address Line 2 City Bunnlevel Postal / Zip Code 28323 4d. Telephone Number: (910)890-2779 4f. Email Address: Adam@wetlandnc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Ashby Apartments 1c. Nearest municipality / town: Sanford 2. Project Identification 2a. Property Identification Number: 966128053800 2c. Project Address Street Address 0 S HORNER BLVD Address Line 2 City Sanford Postal / Zip Code 27332 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Cans Creek 3b. Water Resources Classification of nearest receiving water: C 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040202 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 14.4 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: * Impact area is a made swell that has naturalized through stormwater intrussion. The project area is in the City of Sanford surrounding by residential and commericial development. 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: .86ac 4g. List the total estimated linear feet of all existing streams on the property: 1000ft 4h. Explain the purpose of the proposed project:* The purppose of this project is to construct a residential road to provide access and interconnectivey for the entrance of the residential development to Ashby Road. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" The over all project will consist of constructing Stormwater BMPs and bring in fill material and constructing roadway. Bulldozers backhoes and graders will be utilized during construction. 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: SAW-2021-00602 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Samuel Adam Carter Agency/Consultant Company: Wetland Solutions, LLC Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR July 2021 James Lastinger 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? 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 'O WS 2a1 Reason M Road access 2b. Impact type* M P 2c. Type of W. Headwater Forest 2d. W. name WS 2e. Forested* Yes 2f. Type of Jurisdicition* M Corps 2g. Impact area 0.060 (acres) ff77]Frading ��T Headwater Forest W5 f=C.rps 0.020 (acres) 2g. Total Temporary Wetland Impact 0.020 2g. Total Wetland Impact 0.080 21. Comments: 2g. Total Permanent Wetland Impact 0.060 E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: We have have desided to impact the head of the drain because it has been impacted by past farming and dwelling 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: We will set up BMPs to help consolidate all surface water to low point on silffence with outlet 57 rock outlet to help defuss flow from creating sedimentation transport from impact. 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: 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 9 No If no, explain why: No State regulated buffer in Cape Fear Area but Sanford has 50ft buffer utilizewd in UDO to help with deterrent of stream impacts 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: 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. DOT surface water intrustion to wetland will be better managed once project is complete. 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. City of Sanford Waster Water treatment plant will treat onsite waste water. 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 Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPAC and Natural Heritage Program 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's 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? http://gis.ncdcr.gov/hpoweb/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8c. What source(s) did you use to make the floodplain determination? https://msc.fema.gov/portal/search 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 Ashby Village Apartments - Concept Site Plan.pdf 6.47MB Ashby Village_IPAC Report.pdf 263.07KB Broadway Road Ashby Village Parcel 1 details.pdf 188.08KB Broadway Road Ashby Village_Parcel 2 details.pdf 765.79KB Civil 3D 2017 Template.pdf 510.32KB Ashby Village_SHPO map.pdf 351.56KB 20230317 Ashby Apartments Access Road Grading.pdf 518.42KB Agent Authorization Letter.pdf 323.75KB Signed AJD_PJD.pdf 1.71 MB File must be PDF or KMZ Comments Please see attached request for NW29 permit. Let me know if you have any questions. The impact of .06ac falls below treshold for mitigation, but we are needing some form of writen concurrrence. Thank Thank you for your time. 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. L Full Name: Samuel Adam Carter Signature a�viwra�✓��.law �atlrt Date 8/25/2023