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