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HomeMy WebLinkAbout20231268 Ver 1_ePCN Application_20230911DWR Division 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: 8/9/2023 BIMS # Assigned 20231268 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Seren Homer:Seren.Homer@ncdenr.gov Information for Initial Review la. Name of project: COURTESY COPY Bryan's Summit 1a. Who is the Primary Contact?* Andrea Agee 1b. Primary Contact Email: * and rea. agee@brkconsu Iti ng. io Date Submitted 9/11/2023 Nearest Body of Water Unnamed Tributary at Camp Herman (Lake Herman) Basin Cape Fear Water Classification 16-11-10-(1) Site Coordinates Latitude: 36.16134 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Guilford Is this a NCDMS Project Yes No Longitude: -79.7373 Version#* 1 Reviewing Office * Winston-Salem Regional Office - (336) 776- 9800 1c. Primary Contact Phone: * (703)785-9115 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: OFerrell LLC 2b. Deed book and page no.: 8714-2987 2c. Contact Person: Mr. Wiley Sykes 2d.Address Street Address 3705 West Market Street, Suite A Address Line 2 City State / Province / Region Greensboro NC Postal / Zip Code Country 27403 USA Yes No Yes No 2e. Telephone Number: (336)708-2619 2g. Email Address:* wasykes@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Andrea Agee 3b. Business Name: BRK Consulting, PLLC 3c.Address Street Address 536 Buxton Grant Drive Address Line 2 City Cary Postal / Zip Code 27519 3d. Telephone Number: (703)785-9115 3f. Email Address: a nd rea. ag ee@brkconsu Iti ng. io 4. Agent/Consultant (if applicable) 4a. Name: Andrea Agee 4b. Business Name: BRK Consulting, PLLC 4c.Address Street Address 536 Buxton Grant Drive Address Line 2 City Cary Postal / Zip Code 27519 4d. Telephone Number: (703)785-9115 4f. Email Address: andrea.w.agee@gmail.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Bryan's Summit 1c. Nearest municipality I town: City of Greensboro 2. Project Identification 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 7887287508 2c. Project Address Street Address 5611 Summit Avenue Address Line 2 City State / Province / Region Greensboro NC Postal / Zip Code Country 27403 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Unnamed Tributary at Camp Herman (Lake Herman) 3b. Water Resources Classification of nearest receiving water: 16-11-10-(1) 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. 030300020107 4. Project Description and History 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: " This site has several residences along Summit Avenue that are to be demolished in conjunction with this project, but the majority of the site is undisturbed. There are moderate slopes from the road bed to the existing stream. 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: 0.75 ac 4g. List the total estimated linear feet of all existing streams on the property: 1625 ft 4h. Explain the purpose of the proposed project: This project proposes 50 subdivision lots with all necessary infrastructure required to support this development. Two roads will provide access to the lots, and the stormwater will be captured by one stormwater management facility. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The wetland impact is to provide connection from the east to west. Culverts may be used to continue flow and minimize disruption from the south to the north and to minimize impact to the water flow and existing wildlife. 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-2017-02368 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Pilot Environmental, Inc Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 09/17/2018 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 0 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 2a1 Reason (?) 2b. Impact type � (?) 2c. Type of W." 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * (?) 2g. Impact area Road Crossing L Isolated Wetlands=fft Yes Both 1,257.000 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 1,257.000 21. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 1,257.000 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The road was strategically located to minimize the impact to the existing wetland. Road bed grades shall connect to existing grade as quickly as possible to minimize this impact. The contractor shall take all necessary precautions to minimize additional impacts to the wetland. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: We are currently exploring opportunities to use an arch rather than a culvert to minimize the permanent impact to the existing wetlands. 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): DWR 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 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR Q V 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No 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: This wetland impact is not adjacent to protected 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. City of Greensboro State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other 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 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 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? FWS USFWS Critical Habitat for Threatened and Endangered Species arcgis website. There were no features indicating Threatened or endangered species on site. 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? The NMFS Critical Habitat ArcGIS Online Map Viewer 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? NC Historic Preservation Office's HPOWEB 2.0 8. Flood Zone Designation (Corps Requirement) 6a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No Sc. What source(s) did you use to make the floodplain determination? FEMA National Flood Hazard Firmette Floodplain Map 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 2022-0001 WETLANDSSUBMITTAL-WETLANDS-COMBINED.pdf 1.04MB 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 ACV'); • 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: Andrea Agee Signature Date 9/11/2023 QD