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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