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HomeMy WebLinkAbout20220939 Ver 2_ePCN Application_20230906DW 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: 5/13/2021 BIMS # Assigned 20220939 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Fayetteville Regional Office - (910) 433-3300 Information for Initial Review 1a. Name of project: Griffon Pointe 1a. Who is the Primary Contact?* Braxton Montague 1b. Primary Contact Email: * braxton@montaguedevelopment.com Date Submitted 9/6/2023 Nearest Body of Water Duncan's Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: 35.401051 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Harnett Is this a NCDMS Project Yes No Longitude: -78.861395 Version#* 2 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Chad Turlington:chad.turlington@ncdenr.gov 1c. Primary Contact Phone:* (919)669-6893 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 Please provide the date of the previous submission. 7/12/2022 1b. What types) 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): 29 - Residential Developments 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization Individual 401 Water Quality Certification 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 fig. 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: Tierra Holdings 2b. Deed book and page no.: Book:3974 Page:0232 2c. Contact Person: Braxton Montague 2d.Address Street Address 2509 Southwinds Run Address Line 2 City State / Province / Region Apex NC Postal/Zip Code Country 27502 United States 2e. Telephone Number: (919)669-6893 2g. Email Address:* braxton@montaguedevelopment.com 4. Agent/Consultant (if applicable) 4a. Name: Adam Aycock 4b. Business Name: Mitchell Environmental, PA 4c.Address Street Address 1501 Lakestone Village Lane Address Line 2 Suite 205 city Fuquay-Varina Postal / Zip Code 27526 4d. Telephone Number: (252)213-1374 4f. Email Address:* adam@mitchellenvironmental.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Griffon Pointe 1c. Nearest municipality / town: Lillington 2. Project Identification 2a. Property Identification Number: 0640-00-7751 2c. Project Address Street Address OOld US421 Address Line 2 City Lillington Postal / Zip Code 27546 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Duncan's 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. 030300040205 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country United States 4e. Fax Number: 2b. Property size: 82 19 State / Province / Region NC Country United States 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 existing conditions on the site are farmland and forested areas, with stubs streets from Phase 1 ending at the locations of proposed impacts. 101 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-2022-01056 Certification No. WQC005293 (DWR # 20220939) 4f. List the total estimated acreage of all existing wetlands on the property: 18.23 4g. List the total estimated linear feet of all existing streams on the property: 4739 4h. Explain the purpose of the proposed project:* The purpose of the project is to develop the land into a residential subdivision including utility and roadway infrastructure. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The equipment to be used is typical of roadway and utility installation including trackhoes, excavators, bull dozers, dump trucks, etc. 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-2022-01056 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Mitchell Environmental, PA Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Corps: 01 /06/2023 DWR: 10/28/2022 6. Future Project Plans 6a. Is this a phased project?* Yes O No 6b. If yes, explain. Phase 1 of the project has been developed with houses being built. Phase 2 will begin construction in the near future. 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 2a1 Reason (?) Road Crossing Road Crossing 2b. Impact type * (?) P P 2c. Type of W. * Unknown Unknown 2d. W. name C/H H/J 2e. Forested * Yes Yes 2f. Type of Jurisdicition * (?) Both Both 29. Impact area * 0.029 acres) 0.215 (acres) Road Crossing P Unknown F/K Yes Both 0.133 (acres) Road Crossing P Unknown H/K Yes Both 0.017 (acres) 29. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.394 2i. Comments: 0.15 acres of non -riparian wetlands (sites 5&6) and 0.244 acres of riparian wetlands (sites 10). 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.394 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 A Intermittent Both 52 Average (feet) (linear feet) S2 Road Crossing Temporary Rip Rap Fill A Intermittent Both 25 Average (feet) (linear feet) S3 Road Crossing Permanent Culvert I Perennial Both 96 Average (feet) (linear feet) S4 Road Crossing Temporary Rip Rap Fill B Perennial Both 31 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 148 3i. Total stream and ditch impacts: 204 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 56 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Avoidance of wetlands and streams was not practical in order to access upland portions of the property. Design measures were taken during the development process such as: eliminating a crossing by shifting a required stub street, reducing slopes, adding headwalls, placing crossing at narrower portions of wetland, etc. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fence and tree protection fencing will be installed to contain impacts to permitted areas only. 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 2c. If yes, mitigation is required by (check all that apply): D W R Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Barra Farms II Wetland Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.3 0 let 3c. Comments Proposed impacts are for 0.15 acres, but requested 0.3 acres in the event of a 2:1 ratio 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.244 4g. Coastal (tidal) wetland mitigation requested: (acres) 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: Cape Fear River Basin 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. The subdivision, as proposed, will not likely spur cumulative impacts as Phase 2 is the last proposed phase. 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? x 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? US FWS 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? 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?" 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?" Floodplains layer of GIS 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 dreg and drop files here to attach document Griffon Pointe Additional Information - 090623.pdf 17.77MB 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: Adam Aycock Signature r�a'nar 015-1"o U Date 9/6/2023