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HomeMy WebLinkAbout20231409 Ver 1_ePCN Application_20231013DW R DHlsloo 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: 5/19/2023 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 20231409 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: Old Fairground Road Subdivision 1a. Who is the Primary Contact?* Walter Cole 1b. Primary Contact Email:* wcole@smeinc.com Date Submitted 10/13/2023 Nearest Body of Water Hooks Branch Basin Neuse Water Classification C:NSW Site Coordinates Latitude: 35.499151 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Johnston Longitude: -78.611706 Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Joseph Myers:joseph.myers 1c. Primary Contact Phone: * (919)801-3798 $570.00 $767.00 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: Jerry J. Lambert Revocable Trust 2b. Deed book and page no.: 2c. Contact Person: Mary Ingle 2d. Address Street Address 1585 Guy Road Address Line 2 city Clayton Postal / Zip Code 27520-6735 2e. Telephone Number: (919)961-0609 2g. Email Address:* wcole@smeinc.com 3. Applicant Information (if different from owner) 3a. Name: Walter Cole 3b. Business Name: 3c. Address Street Address 3201 Spring Forest Road Address Line 2 city Raleigh Postal / Zip Code 27616 3d. Telephone Number: (919)801-3798 3f. Email Address:* wcole@smeinc.com 4. Agent/Consultant (if applicable) 4a. Name: Walter Cole 4b. Business Name: 4c.Address Street Address 3201 Spring Forest Road Address Line 2 city Raleigh Postal / Zip Code 27616 4d. Telephone Number: (919)801-3798 0. Email Address:* wcole@smeinc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Old Fairground Road Subdivision 1c. Nearest municipality I town: Angier 2. Project Identification State / Province / Region North Carolina Country United States 2f. Fax Number: State / Province / Region North Carolina Country United States 3e. Fax Number: State / Province / Region North Carolina Country United States 4e. Fax Number: Q V 2a. Property Identification Number: 161300-54-5956, 161300-65-0001, 161300- 55-3151, 161300-67-0587,161300-56-2923, 161300-56-6971 2c. Project Address Street Address Old Fairground Road Address Line 2 City Angier Postal / Zip Code 27501 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Hooks Branch 3b. Water Resources Classification of nearest receiving water: C;NSW 3c. What river basin(s) is your project located in? Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011202 4. Project Description and History 2b. Property size: 96.29 State / Province / Region North Carolina Country United States 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 existing site consists of agricultural land and recently logged areas. The entire site was logged by owners in 2021. The surrounding land use consists of agricultural land and single family residential homes. 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: 33.62 4g. List the total estimated linear feet of all existing streams on the property: 946 4h. Explain the purpose of the proposed project:" The purpose of the proposed project is to provide for a single-family residential subdivision. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" Current plans are to construct a single-family residential subdivision consisting of 44 lots that will be served by individual on -site wastewater treatment and disposal systems and County water. There will be one road crossing resulting in impacts to a jurisdictional, buffered stream and associated wetlands. Two stormwater control measures also proposed to treat stormwater resulting from the project. Construction will be performed by standard commercial construction equipment. No specialized equipment not regularly seen on commercial projects is anticipated. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 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-2023-01042 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Walter Cole Agency/Consultant Company: 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 USACE Delineation Concurrence email from Regulatory Specialist Mr. Matthew Martin dated June 24, 2023. Johnston County Dept. of Public Utilities Neuse River Buffer Call Letter from Mr. Charles Pender dated May 30, 2023. Documentation is attached. 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 la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries p Buffers Open Waters Pond Construction 2. Wetland Impacts U W1 2al Reason (?) Culvert 2b. Impact type* (?) P 2c. Type of W. Headwater Forest 2d. W. name W1 2e. Forested* Yes 2f. Type of Jurisdicition" (?) Corps 29• Impact area 0.099 (acres) EA Pump Around ��T Headwater Forest [MI �Ye=C.rlps 0.025 (acres) 2g. Total Temporary Wetland Impact 0.025 2g. Total Wetland Impact 0.124 21. Comments: See attached Impact Exhibits 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.099 F 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact ?) Jurisdiction* length* S1 Road Crossing Permanent Culvert S1 Intermittent Both 4 75 Average (feet) (linear feet) g2 Pump Around Temporary Dewatering S1 Intermittent Both 4 40 Aveage (feet) (linear feet) S3 Rip -Rap Protection Permanent Rip Rap Fill S1 Intermittent Both 4 56 Average (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 131 3i. Total stream and ditch impacts: 171 3j. Comments: See attached Impact Exhibits 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other 3i. Total temporary stream impacts: 40 Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone f impact 6g. Zone 2 impact Road Crossing P S1 No 6,221 2,300 Grading T S1 No 892 1,393 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 892.00 1,393.00 Zone 1 Zone 2 Total Permanent impacts: 6,221.00 2,300.00 Zone 1 Zone 2 Total combined buffer impacts: 7,113.00 3,693.00 61. Comments: See attached Impact Exhibits 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 proposed area to be cleared has been minimized as much as practicable in the design of the project. Appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used to minimize impacts to the stream and associated. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Specific attention will be paid to ensure grading is only performed to the extent needed for the proposed project and all grading not required will be avoided. Additional impacts to the jurisdictional stream and wetlands will be avoided through the use of appropriate sediment and erosion control devices. 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 stream and wetland impacts are below the mitigation threshold for NWP 29. In addition the proposed permanent Neuse River buffer impacts are below the mitigation threshold. 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 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 0 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. There will only be one Phase of this subdivision and there will be no municipal sanitary sewer extensions, individual septic systems will be used. 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. Sewage will be treated through the use of individual on -site wastewater treatment and disposal 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 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 online data explorer (https://www.ncnhp.org/data) and US Fish and Wildlife Service Information for Planning and Consultation (IPaC) report. No critical habitat was identified within the proposed developed portion of the site. There is one element occurrence of a protected species observed within the site or within one mile of the site (Atlantic Pigtoe). This occurrence was in Black Creek in the southernmost portion of the site where there is 30+ acres of wetlands between Black Creek and the proposed developed portion of the site. The proposed road crossing will take place on an intermittent section of an unnamed tributary of Hooks Branch and approprite S&EC measures will be used to prevent sedimentation downstream. 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? The USFWS IPaC report and the National Marine Fisheries Service Essential Fish Habitat Mapper (https://www.habitat.noaa.gov/protection/efh/efhmapper/) 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 North Carolina State Historic Preservation Office web mapping tool HPOWEB (https://www.ncdcr.gov/about/history/division-historical-resources/gis- maps-and-data) 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?" The project engineer and the FEMA firm maps Miscellaneous R 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 Permit Documentation.pdf 2.54MB 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: Willard Walter Cole III Signature Date 10/13/2023 O