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HomeMy WebLinkAbout20191008 Ver 2_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: 8/18/2023 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 20191008 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: Hillcrest Subdivision (formerly O'Neal Property) 1a. Who is the Primary Contact?* Sean Clark 1b. Primary Contact Email: * sclark@sageecological.com Date Submitted 10/11/2023 Nearest Body of Water Cedar Creek Basin Tar -Pamlico Water Classification C; NSW Site Coordinates Latitude: 36.0425 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Franklin Longitude: -78.4358 Version#* 2 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Zachary Thomas:zachary.thomas 1c. Primary Contact Phone: * (919)559-1537 $570.00 $767.00 Q `I 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 Please provide the date of the previous submission. 7/26/2019 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 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: AIRS Hillcrest Development, LLC 2b. Deed book and page no.: DB2020/PG94 2c. Contact Person: Brent Earl Wood 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No O 2d. Address Street Address 1524 Canterbury Rd Address Line 2 City Raleigh Postal / Zip Code 27608 2e. Telephone Number: (919)740-7325 2g. Email Address:* brent.earl.wood@gmaii.com 3. Applicant Information (if different from owner) 3a. Name: ARS Hillcrest Development, LLC 3b. Business Name: AIRS Hillcrest Development, LLC 3c.Address Street Address 1524 Canterbury Rd Address Line 2 city Raleigh Postal / Zip Code 27608 3d. Telephone Number: (919)740-7325 3f. Email Address:* brent.earl.wood@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Hamlin 4b. Business Name: Sage Ecological Services, Inc. 4c.Address Street Address 3707 Swift Drive Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)622-7888 0. Email Address:* khamlin@sageecological.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Hillcrest 1c. Nearest municipality / town: Franklinton State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region INC Country USA 3e. Fax Number: State / Province / Region INC Country USA 4e. Fax Number: O 2. Project Identification 2a. Property Identification Number: 2b. Property size: 1863-64-8869;1863-74-2999 50.19 2c. Project Address Street Address 700 feet east of the Cedar Creek Road and Hill Road intersection Address Line 2 city State / Province / Region Franklinton NC Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Cedar Creek 3b. Water Resources Classification of nearest receiving water:' C;NSW 3c. What river basin(s) is your project located in? Tar -Pamlico 3d. Please provide the 12-digit HUC in which the project is located. 030201010401 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: Portions of the site have previously been forested or in agriculture since sometime prior to the earliest reviewed orthophotography (1994). It is likely that in the past it was utilized for agricultural purposes. Environmental Permits were secured for the property in 2019 and the site has been cleared. The 404/401 authorizations have since expired and the applicant is seeking to reauthorize the originally proposed impacts to finish the development. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). USACE ID SAW-2018-02079; DWR Project No. 19-1008 4f. List the total estimated acreage of all existing wetlands on the property: +/- 0.002 acres 4g. List the total estimated linear feet of all existing streams on the property: +/- 1,360 LF 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct a residential subdivision and associated utilities to meet the demand for housing in this area. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The overall project consists of a single-family residential subdivision with 195-detached residential lots with access off of Cedar Creek Road and several stormwater ouffalls. The proposed subdivision will contain several cul-de-sacs located off of the main road. To treat stormwater, two Stormwater Control Devices (SCM)'s will be located in the eastern portion of the site. Proposed impacts from road construction and associated culverting will result in temporary and permanent impacts to streams, wetlands, and buffers. Utilities for the proposed project will connect to existing utility lines adjacent to the proposed project boundaries. Heavy equipment typically used for utility installation projects (e.g. back hoes, bulldozers, etc.) will be utilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Unknown Comments: A field determination was held on November 30, 2018 with Mr. Andrew Williams (Corps) and Mr. David Gainey of Sage Ecological. 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-2018-02079 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Gainey Agency/Consultant Company: Sage Ecological Services, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE JD (SAW-2018-02079) dated November 30, 2018 DWR Buffer Determination (NBRRO 18-367) dated October 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 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 0 u 2a1 Reason(?) 2b. Impact type*(') 2c. Type of W. * 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * (?) 2g. Impact area 1-P Fill P Hardwood t ffmiandFores WA Yes Both 0.002 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.002 2g. Total Wetland Impact 0.002 2i. Comments: Wetland impacts are necessary for the proposed roadway fill slopes. The total permanent wetland impacts are below mitigation thresholds. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name Stream Type* 3f. Type of 3g. S. width 3h. Impact �3e. (?) Jurisdiction* length* S1 1-P Permanent Culvert SA Intermittent Both 2 107 Avenge (feet) (linear feet) S2 1-P Permanent RipRap Fill P SA Intermittent Both 2 12 Aveage (feet) (linear feet) S3 1-T Tem ora P ry Dewaterin 9 SA Intermittent Both 2 65 Average (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 119 65 31. Total stream and ditch impacts: 184 3j. Comments: Proposed permanent impacts are below mitigation thresholds. The rip rap at the outlet of the culvert will be countersunk and therefore is considered a permanent impact, but not a permanent loss. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact P-1 Road Crossing P SA No 7,645 5,427 P-2 Stormwater outfall P SE (off property) No 226 210 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 7,871.00 5,637.00 Zone 1 Zone 2 Total combined buffer impacts: 7,871.00 5,637.00 6i. Comments: The proposed impacts are considered "deemed allowable upon authorization" and are below mitigation thresholds. 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: Proposed roads were aligned so as to avoid impacts to streams to the maximum extent practicable. Lots were positioned so as to avoid lot fill in streams and wetlands. Retaining walls will be constructed to avoid lot fill impacts to the riparian buffers. Wing walls will also be used to reduce the stream and riparian buffer impacts associated with the road crossing. Approximately 70 LF of tributaries (Tributary C and Tributary D) were avoided due to design considerations. Open space was provided around drainages containing jurisdictional streams and buffers. Cul-de-sacs were proposed to avoid the stream crossing of the road however the crossing was required to maintain compliance with interconnectivity requirements. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing and temporary basins will also be used to prevent sediment runoff into the streams and 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The proposed permanent impacts are below mitigation thresholds. 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 2d. Which of the following stormwater management program(s) apply: Local Government State Q V O Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Town of Franklinton Comments: The stormwater management plan was previously approved by the local municipality. 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. Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative impact" since the project already in a developed landscape (i.e., existing residences and development in the vicinity) and the area already contains the necessary infrastructure (i.e., sewer, water, electricity, etc.). The project drains to Crabtree Creek, which is Class C; Nutrient Sensitive Waters (NSW), (i.e., not HQW or ORW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed. 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. Wastewater will tie into existing utilities adjacent to the site. 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? The NC Natural Heritage Database was queried and a report dated September 5, 2018, updated July 25, 2019 and updated again on October 5, 2023 was received from NCNHP which identified no recorded federally listed species on the project site or within a 1-mile radius. The dwarf wedgemussel is known to exist within Cedar Creek which the site drains to, howerver, the stream being impacted is intermittent and does not contain suitable habitat within the impact area. M 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 (EFH) Mapper: https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper. The Project is located in Franklin County which does not contain any Essential Fish Habitat. 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? http://gis.ncdcr.gov/hpoweb/'A physical records check at the State Historic Preservation Office or the Office of State Archeology was not performed. Based on the HPOWEB review, no recorded historic structures or districts are located on the project site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?" Yes No 8b. If yes, explain how project meets FEMA requirements: No permanent fills for built upon area is proposed in the flood zone. 8c. What source(s) did you use to make the floodplain determination?" https://msc.fema.gov/portal/search; FIRM Panel 3720186200J, effective on 1/16/2004 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 Hillcrest (O'Neal Property) Supplemental Application Information; SAW-2018-02079; DWR#19-1008; Sage Project No. 11.21 MB 2018.053.pdf File must be PDF or KMZ Comments Attachments: Pre -construction Notification (PCN) Application Form Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 4-NC SHPO Map NCDWR Buffer Determination Letter PJD NCNHP Report Updated Impact Maps USACE 404 Verification (SAW-2018-02079) DWR 401 Authorization (DWR # 19-1008) 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 Hamlin Signature v6T' Wiirlr Date 10/11/2023 a