HomeMy WebLinkAbout20231291 Ver 1_ePCN Application_20230919DW 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:
8/9/2023
BIMS # Assigned *
Version# *
20231291
1
Is a payment required for this project?*
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Wilmington Regional Office - (910) 796-7215
Holley Snider: Hol ley.Snider
Information for Initial Review
1a. Name of project:
Hampstead Station Expansion
1a. Who is the Primary Contact?*
Jeff Turpin
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
Jeff.Turpinl 958@gmaii.com (910)619-7941
Date Submitted
9/19/2023
Nearest Body of Water
Mill Creek
Basin
White Oak
Water Classification
SA; HOW
Site Coordinates
Latitude: Longitude:
34.363979-77.711427
A. Processing Information -
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Ponder
Is this a NCDMS Project
Yes No
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
39 - Commercial/Institutional 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:
401 Water Quality Certification - Express
Riparian Buffer Authorization
1f. Is this an after -the -fact permit application? *
Yes No
fig. 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 INC 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:
The JayTees Properties IV, LLC
2b. Deed book and page no.:
2c. Contact Person:
Jeff Turpin
2d. Address
Street Address
105 Island Drive
Address Line 2
City
Wrightsville Beach
Postal / Zip Code
28480
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(910)619-7941
2g. Email Address:
Jeff.Turpin 1958@gmail.com
4. Agent/Consultant (if applicable)
4a. Name:
Jesse Degnan, PWS
4b. Business Name:
ECS Southeast, LLP
4c.Address
Street Address
1812 Center Park Drive
Address Line 2
Suite D
city
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28217
USA
4d. Telephone Number:
4e. Fax Number:
(704)339-9002
4f. Email Address:*
JDegnan@ecslimited.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Hamptead, NC
2. Project Identification
2a. Property Identification Number:
2b. Property size:
3282-85-8819-0000
7.61
2c. Project Address
Street Address
Headwaters Dr
Address Line 2
City
State / Province / Region
Hampstead
NC
Postal / Zip Code
Country
28443
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Mill Creek
3b. Water Resources Classification of nearest receiving water:
SA; HQW
3c. What river basin(s) is your project located in?*
White Oak
3d. Please provide the 12-digit HUC in which the project is located.
030203020403
4. Project Description and History
O
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 subject property is approximately 7.61 acres of undeveloped, previously cleared land with existing access roads. The subject property has been utilized in the past for silviculture
purposes. A commercial development is located immediately north of the subject property boundary, and residences and forested areas are located to the east. Land use south of the
subject property is primarily commercial and residential. General land use to the west of the subject property can be characterized as commercial, agricultural and undeveloped
woodlands. U.S. Highway 17 N is located approximately 375 feet to the west of the western property boundary.
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:
0.23
4g. List the total estimated linear feet of all existing streams on the property:
298
4h. Explain the purpose of the proposed project:
The Hampstead area is lacking many needed retail services. The purpose of the project is to expand the existing Hampstead Station Shopping Center by 48,000 square feet to
accommodate the need for additional retail space needed to serve Hampstead area residents.
The Hampstead community is a fast-growing area of Pender County located just north of Wilmington, North Carolina. Residents routinely drive to Wilmington (approximately 8 miles south)
for many retail shopping needs. The Hampstead Station Shopping Center, which includes a Food Lion grocery store, Family Dollar, South State Bank and other retail shops, has been fully
leased for the past five (5) years. Presently, the general Hampstead area offers no, or few, Class A retail vacancies and has a significant need for additional retail offerings.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will involve the expansion of the Hampstead Station Shopping Center and will involve constructing buildings for retail space, associated asphalt paved parking lots and
driveways, and two stormwater ponds.
The subject property contains two wetlands (Wetland 1 and Wetland 2) and one stream (Stream 1), which were verified by the the U.S. Army Corps of Engineers on July 26, 2023 (SAW-
2023-01011). The proposed project would result in 0.127 acre of permanent impact to Wetland 1 and 0.020 acre of permanent impacts to Wetland 2, totaling 0.147 acre of permanent
wetland impact. Additionally, the project would result in 0.019 acre or permanent stream bed loss to Stream 1. Mitigation is proposed for the proposed wetland impacts only. ECS evaluated
the quality of Wetland 1 and Wetland 2 using the NC Wetland Assessment Method (NCWAM). Per the NCWAM, Wetland 1 and Wetland 2 are low quality wetlands (NCWAM forms
attached).
The building and driveway construction designs were adjusted to minimize impacts to aquatic resources. The driveway impacts are unavoidable due to local ordinances requiring adjacent
shopping centers to have connecting driveways to facilitate vehicle cross access. The vehicle cross access is needed to facilitate safe movement within the shopping center expansion
area. A bottomless crossing or bridge is not feasible due to cost constraints. The proposed stormwater ponds were located and designed according to the NWP 39 Regional Condition
specifications and will avoid impacting all aquatic resources onsite. Proposed permanent stream and wetland impacts are and unavoidable and are necessary for the placement of pipe
needed to control and safely convey stormwater runoff. Proposed stream and wetland impacts have been minimized to the greatest extent practicable.
The development will be constructed via standard construction procedures. Proper erosion and sediment control measures will be utilized and maintained throughout the project. Typical
materials and machinery will be used on -site during the construction process.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
PJD Issued (SAW-2023-01011)
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-2023-01011
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jesse Degnan, PWS
Agency/Consultant Company: ECS Southeast, LLP
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
July 26, 2023
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?
This is a single and complete project. This project is not part of a larger planned development.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a. Site #* (?) ��2al
Reason (?)
2b. Impact type*(?)
2c. Type of W.
2d. W. name
2e. Forested"`
2f. Type of Jurisdicition*
(?)
2g. Impact
area
Wetland Impact
Fill
P
Headwater Forest
Wetland 1
No
Both
0.003
A
acres)
Wetland Impact
Fill
P
Headwater Forest
Wetland 1
No
Both
0.011
B
(acres)
Wetland Impact
Fill
P
Headwater Forest
Wetland 1
No
Both
0.006
C
(acres)
Wetland Impact
Fill
P
Headwater Forest
Wetland 2
No
Both
0.095
D
(acres)
Wetland Impact
Fill
P
Headwater Forest
Wetland 2
No
Both
0.032
E
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.147
2g. Total Permanent Wetland Impact
0.147
2i. Comments:
Wetland impacts have been minimized to the greatest extent practicable. The proposed permanent wetland impacts are unavoidable and necessary to
provide adequate parking, and to comply with local zoning ordinances.
3. Stream Impacts
F 1
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
fl
Road Crossing
Permanent
Culvert
Stream 1
Perennial
Both
Average (feet)
284
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
284
3i. Total stream and ditch impacts:
284
3i. Total temporary stream impacts:
0
3j. Comments:
The 284 linear feet (0.019 acres) of permanent impacts to stream bed will result from piping Stream 1.
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:
The proposed project has been planned and engineered to avoid aquatic resources to the greatest extent practicable. Where avoidance was not
feasible, proposed impacts were minimized during the siting, planning, and engineering phases of the project. The building and driveway construction
design changes were adjusted to minimize impacts to aquatic resources. The location of the stormwater ponds were designed to avoid impacts to
aquatic resources.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The development will be constructed via standard construction procedures. Appropriate construction techniques will be used, and erosion control
measures will be put in place prior to beginning construction activities, and will be implemented accordingly to minimize potential sedimentation and
other potential project -related impacts. Efforts will be made throughout all construction phases to minimize the extent and duration of project -related
disturbances to water resources.
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
u
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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
WLS Turtle Creek Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.2
3c. Comments
The proposed project will impact 0.147 acre of non -forested wetland. Based on the NC Wetland Assessment Rating Calculator, Wetland 1 and Wetland
2 are low quality wetlands.
Mitigation is not proposed for stream impacts because the proposed project will impact less that 0.02 acre of stream bed.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
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
la. 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 White Oak River Basin, which is not subject to NC Riparian Buffer Protection Rules.
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
State Stormwater Programs
Phase II
HWQ or ORW
Coastal Counties
Other
Comments:
The site stormwater plans were reviewed and approved by North Carolina Department of Environmental Quality. The Hampstead Station Expansion stormwater permit was issued on
August 18, 2023. Stormwater will filter through two retention ponds before discharging.
G. Supplementary Information
1. Environmental Documentation
la. 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
O
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.
This is a single and complete project. This project is not part of a larger planned development. The proposed infrastructure and associated stream
impacts will be constructed in a single phase. Individual buildings may be constructed in phases or all at once. No further impacts are anticipated beyond
what is included in this initial phase.
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.
Waste water will be handled by Pender County Utilities.
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
Sc. 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?
IPaC and consultation with the USFWS and NCNHP. Responses from the USFWS and NCNHP are attached.
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?
NCHPO database and consultation with the SHPO. Response letter from the SHPO is attached.
8. Flood Zone Designation (Corps Requirement)
Be. 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?*
FEMA FIRM Floodplain Mapper. FIRM Panel: 3720328200J, effective date 2/16/2007
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
HeadwatersDrive_PCN-Attachments.pdf 10.93MB
File must be PDF or KMZ
Comments
The attached document contains the following:
Attachment A - 401 Prefile Email Confirmation
Attachment B - Preliminary Jurisdictional Determination (SAW-2023-01011)
Attachment C - Impact Exhibit
Attachment D - NCWAM Forms
Attachment E - Agent Authorization & Parcel Information
Attachment F - USFWS Protected Species Resource Review & Technical Assistance Letter
Attachment G - NCSHPO Concurrence Letter
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:
Jesse Degnan, PWS
Signature
Date
9/19/2023
O