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HomeMy WebLinkAbout20231393 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: 7/20/2023 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 20231393 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Edwards Property 1a. Who is the Primary Contact?* Jeff Harbour 1b. Primary Contact Email: * jeff.harbour@terracon.com Date Submitted 10/11/2023 Nearest Body of Water Buffalo Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: 35.758177 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wake Longitude: -78.372486 Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Joseph Myers:joseph.myers 1c. Primary Contact Phone: * (919)805-4208 $570.00 $767.00 0- 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 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: Dependable Development Inc 2b. Deed book and page no.: 2c. Contact Person: Jon Ward 2d. Address Street Address 2649 Brekonridge Centre Drive Address Line 2 Suite 104 city Monroe Postal / Zip Code 28110 2e. Telephone Number: (714)425-4732 2g. Email Address:" jward@truehomesusa.com 4. Agent/Consultant (if applicable) 4a. Name: Jeff Harbour 4b. Business Name: Terracon 4c.Address Street Address 2401 Brentwood Road Address Line 2 city Raleigh Postal / Zip Code 27604 4d. Telephone Number: (919)805-4208 4f. Email Address:" jeff.harbour@terracon.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Wendell 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address 1005 Lake Glad Road Address Line 2 city Wendell Postal / Zip Code 27591 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Buffalo Creek 3b. Water Resources Classification of nearest receiving water: C;NSW 3c. What river basin(s) is your project located in?" Neuse State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country US 4e. Fax Number: 2b. Property size: State / Province / Region NC Country US a 3d. Please provide the 12-digit HUC in which the project is located. 03020201 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 undeveloped property consists of fallow agriculture fields, pine woodlands, hardwood forest, and riverine swamp forest associated with Buffalo Creek. Surrounding land use is residential with some remaining agriculture areas. Some representative photos of the site are included with this submittal. 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 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* The purpose of the project is to provide single family homes to the Wendell area. To achieve the full use of the property, infrastructure improvements are necessary. These include road construction, storm water management and sewer line construction that will incur impacts to wetlands and waters. The property was delineated by a previous consultant and the survey depicted as the Existing Conditions is a result of that delineation. Terracon was asked by the current applicant to walk the site to determine if the delineation was accurate. Terracon performed this site review in August 2023 and found the delineation, as depicted on the survey, to be relatively accurate and suitable for site design and permitting. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project will entail development of a residential, single-family home community in Wendell, NC. The property will be accessed via two entrances off Lake Glad Road. The interior road network will incur minor wetland imp[acts in two locations (Impact Area xx and Impact Area xx). A man-made pond that is proposed as a non-404 waterbody will be utilized for storm water management. This pond has no continuous surface connection to other wetlands or waters and has been determined to be exempt from the Neuse River Buffer Rule as well. Typical equipment will be used such as graders, excavators, dump trucks, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No G? Unknown Comments: Delineation done in 2019 by Carolina Ecosystems 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Carolina Ecosystems 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? None are anticipated 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 (?) 2b. Impact type*(?) 2c. Type of W. * 2d. W. name 2e. Forested* 2f. Type of Jurisdicition (?) 2g. Impact area Impact Area 1 Road widening I Headwater Forest Wetland 3 Yes Both 0.012 (acres) Impact Area 2 Impact Area 4 Fill/side slopes manholes P P Headwater Forest Riverine Swamp Forest Wetland 1 Wetland 5 Yes Yes __] Both Both 0.001 (acres) 0.001 (acres) Impact Area 4 sewer easement T fferine Swamp Forest Wetland 5 Yes Both 0.280 (acres) 2g. Total Temporary Wetland Impact 0.280 2g. Total Wetland Impact 0.294 2g. Total Permanent Wetland Impact 0.014 2i. Comments: Impact Area 1 - 542 SF perm : Impact Area 2 - 433 SF perm: Impact Area 4 - 30 SF perm; 12,313 SF temporary from sewer easement 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name' 3e. Stream Type" M 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Road Crossing (Impact Area 3) Permanent Culvert UT to Buffalo Creek Intermittent Both Averege (feet) 149 (linear feet) 3L Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 149 3i. Total stream and ditch impacts: 149 31. Total temporary stream impacts: 0 3j. Comments: S1 (Impact Area 3) also has 177 SF (36 LF) of directly embedded rip rap that is no loss of stream bed 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area Impact Area 2 side slopes for roads P Pond #2 Fill _11 Pond 0.19 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.19 4h. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other 4g. Total permanent open water impacts: 0.19 Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Allowable with Authorization (Impact Area 3) P UT to Buffalo Creek No 9,481 5,258 Allowable with Authorization (Impact Area 4) P UT to Buffalo Creek No 8 20 Allowable with Authorization (Impact Area 4) T UT to Buffalo Creek No 1,962 1,303 Allowable with Authorization (Impact Area 5) T UT to Buffalo Creek No 941 1,123 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 2,903.00 2,426.00 Zone 1 Zone 2 Total Permanent impacts: 9,489.00 5,278.00 Zone 1 Zone 2 Total combined buffer impacts: 12,392.00 7,704.00 6i. Comments: Impact Area 4 perm buffer impact from manholes E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project design utilizes perpendicular crossings, crossings at narrow points where applicable, and avoids the majority of the sensitive aquatic features located onsite. The main Buffalo Creek wetland system is avoided other than a necessary sewer connection across the wetland. Fill slopes have been minimized. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Jack and bore is being used for the sewer line along Lake Glad Road. Headwalls are being used to minimize stream channel disturbance. Rip -rap will be directly embedded in the channel to prevent a loss of stream bed. 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: TBD 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: 3c. Comments 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 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 O O 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. Town of Wendell 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 project is a single and complete project that is not intended to be a driver of new development 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 5L 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? NCNHP report dated 10/11/2023. A survey for Michaux's sumac was performed by Terracon in September 2023. No evidence of the species was identified. 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 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?" No cultural resources are mapped on the http://gis.ncdcr.gov/hpoweb/ website. 8. Flood Zone Designation (Corps Requirement) Be. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8b. If yes, explain how project meets FEMA requirements: Only the sewer crossing of Buffalo Creek is in the floodplain. The project engineers will be sure that all FEMA requirements are met 8c. What source(s) did you use to make the floodplain determination? NC Floodmaps 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 Edwards Property Drawings and Documentation.pdf 22.89MB 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: Jeff Harbour Signature Ae` w-1 f--t Date 10/11/2023 a