HomeMy WebLinkAbout20231391 Ver 1_ePCN Application_20231011DW R
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
10/11/2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned *
20231391
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Michael Meilinger:Michael.Meilinger
Information for Initial Review
1a. Name of project:
COURTESY COPY Alexander Subdivision
1a. Who is the Primary Contact?*
Kim Williams - Davey Resource Group, Inc.
1b. Primary Contact Email:*
kim.williams@davey.com
Date Submitted
10/11/2023
Nearest Body of Water
Little Sandy Run Swamp
Basin
Cape Fear
Water Classification
C; Sw
Site Coordinates
Latitude:
34.684593
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Onslow
Longitude:
-77.621488
Version#*
1
Reviewing Office*
Wilmington Regional Office - (910) 796-7215
1c. Primary Contact Phone: *
(910)452-0001
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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: 29 - Residential Developments
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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
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 NC 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)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Get Right Investments LLC
2b. Deed book and page no.:
2c. Contact Person:
Will Alexander
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2d. Address
Street Address
PO Box 296
Address Line 2
City
Holly Ridge
Postal / Zip Code
28445
2e. Telephone Number:
(910)264-6782
2g. Email Address:*
getrightenterprisesllc@gmaii.com
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group, Inc.
4c.Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
city
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
(910)452-0001
4f. Email Address:*
kim.williams@davey.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Alexander Subdivision
1c. Nearest municipality / town:
Maple Hill
2. Project Identification
2a. Property Identification Number:
431400431065
2c. Project Address
Street Address
Hardy Graham Road
Address Line 2
city
Maple Hill
Postal / Zip Code
28454
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Little Sandy Run Swamp
3b. Water Resources Classification of nearest receiving water:
C; SW
3c. What river basin(s) is your project located in?
Cape Fear
State / Province / Region
NC
Country
USA
2f. Fax Number
State / Province / Region
NC
Country
USA
4e. Fax Number:
(910)452-0020
2b. Property size:
18.3
State / Province / Region
NC
Country
USA
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3d. Please provide the 12-digit HUC in which the project is located.
030300070602
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: *
The site is mostly undeveloped and forested. A dirt road transects the northern part of the site to provide access to a parcel east of the site. Two streams flow southeast through the site
and eventually tie into Little Sandy Run Swamp off property. Wetlands are located adjacent to the streams and support a dense assemblage of hardwoods such as red maple, blackgum,
and sweetgum. Uplands within the site support a mix of loblolly pines and hardwoods including water oak and sweetgum. Adjacent land use is mostly undeveloped and forested with some
residential scattered throughout the area.
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:
8.1 ac
4g. List the total estimated linear feet of all existing streams on the property:
1,800 LF
4h. Explain the purpose of the proposed project: *
The purpose of the project is to construct a residential subdivision with large lots to serve the residential needs of the community. Wetland impacts are needed to access several of the lots.
One ditch impact is needed to construct an amenity pond.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The residential development will contain six single family lots. One stormwater pond is also proposed within the site. One road will provide access to five of the lots. Another lot will be
accessed directly off of Hardy Graham Road in order to reduce wetland impacts. The main road and the driveway will be 12 feet wide and will have 3:1 sloped shoulders. A 15' culvert is
proposed at two of the wetland crossings to maintain a hydrological connection. The third wetland impact crosses the wetlands at the upper limit and a culvert is not needed here. Large
lots are needed to accomodate on -site wastewater treatment and to accommodate the desire of many lot owners in this section of the county to have ample acreage to live on.
Sediment and erosion control measures will be put in place. Then the limits of disturbance will be cleared of vegetation and site grading will occur. The road and utilities will be installed.
Then home construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
DRG submitted a JD request package to the USACE in August of 2023
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-2023-01586
5c. If 5a is yes, who delineated the jurisdictional areas?
.................................
Name (if known): Corey Novak and Mark Westendorff
Agency/Consultant Company: Davey Resource Group
Other:
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?
No
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
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2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
(?)
�2g. Impact
area
Road Crossing
P
Fn-Riverine Swamp Forest
W2
Yes
Both
0.023
(acres)
Road Crossing
P
Fn-Riverine Swamp Forest
W1
Yes
Both
0.045
(acres)
Road Crossing
P
Fn-Riverine Swamp Forest
W1
Yes
Both
0.022
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.090
21. Comments:
4. Open Water Impacts
2g. Total Permanent Wetland Impact
0.090
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type �114e.
Waterbody type
4f. Impact area
Pond Construction
P
T3
Excavation
Ditch
0.01
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.01
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.01
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Wetlands span the property in several locations and access to uplands was not possible without some minor impacts. The road width through wetlands
has been minimized to 12 feet to reduce wetland impacts. Also note that access to one lot will occur off Hardy Graham Rd to cross wetlands at a narrow
location and minimize impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The applicant will obtain an erosion control permit for this work.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Wetland impacts are less than 0.1 acre, which is the typical mitigation threshold for the USACE and NCDWR.
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:
Site is located within the Cape Fear River Basin, which does not have riparian buffer 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
Comments:
Engineer has submitted a stormwater plan to the State and it is currently under review.
G. Supplementary Information
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U
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.
Project will not provide access or utilities to adjacent properties. The applicant will obtain an erosion control permit for the project to ensure that sediment
does not enter downstream waters.
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.
The project will utilize on -site septic systems.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
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?
The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their
files, no federally listed species are known to occur on the site. Several federally listed species and managed areas are documented within a one mile of
the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these are
coastal and/or marine species and would not be found within the project area. Most of the site is forested. Uplands support a mix of hardwoods and
pines and wetlands support mostly hardwoods. Therefore, it does not appear to provide suitable habitat for the red cockaded woodpecker. Forested
areas within the site provide appropriate summer and wintering roosting habitat for the northern long-eared bat and tri-colored bat. A NLEB
Determination Key was prepared for the project, which resulted in a NLAA determination. The site does not appear to provide suitable habitat for any
other federally protected species known to occur in the area.
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 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? *
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources.
No cultural or historical resources were noted within or near the site.
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?"
FEMA Flood Map Service Website.
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
Hardy Graham Attachments.pdf 6.45MB
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:
Kim Williams
Signature
IIa
Date
10/11/2023