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