HomeMy WebLinkAbout20231419 Ver 1_ePCN Application_20231016i DWR
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:
7/12/2023
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
Version# *
20231419
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - (919) 791-4200
Joseph Myers:joseph.myers
Information for Initial Review
1a. Name of project:
Barrow Meadows
1a. Who is the Primary Contact?*
Wyatt Brown
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
brownenvgrp@gmail.com (919)524-5956
Date Submitted
10/16/2023
Nearest Body of Water
Little River
Basin
Neuse
Water Classification
WS-V;NSW
Site Coordinates
Latitude: Longitude:
35.78742-78.30239
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Johnston
a
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:
KIRBY MARSHBURN BLDG CORP
2b. Deed book and page no.:
06379,0484
2c. Contact Person:
Kirby Marshburn
2d. Address
Street Address
6901 LAKE MYRA RD
Address Line 2
City
WENDELL
Postal / Zip Code
27597
2e. Telephone Number:
(919)422-7587
2g. Email Address:"
kirbymarshburn@bellsouth.net
4. Agent/Consultant (if applicable)
4a. Name:
Wyatt Brown
4b. Business Name:
Brown's environmental Group, Inc
4c.Address
Street Address
242 Batten Farm Road
Address Line 2
city
Selma
Postal / Zip Code
27576
4d. Telephone Number:
(919)524-5956
4f. Email Address:"
brownenvgrp@gmail.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
same
1c. Nearest municipality / town:
Zebulon
2. Project Identification
2a. Property Identification Number:
270400-62-9277
2c. Project Address
Street Address
1 EARPSBORO RD
Address Line 2
City
ZEBULON
Postal / Zip Code
27597
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Little River
3b. Water Resources Classification of nearest receiving water:"
WS-V;NSW
3c. What river basin(s) is your project located in?"
Neuse
State / Province / Region
NC
Country
US
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
51.14
State / Province / Region
NC
Country
US
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 existing conditions are row crop farming and woodland. The vicinity general land use is also row crop farming, woodland and the addition of new individual homesite S/D's.
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:
2.74 acres
4g. List the total estimated linear feet of all existing streams on the property:
1615
4h. Explain the purpose of the proposed project:
The purpose is to install an -42 lot individual homesite S/D and utilities. The septic will be on -site.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The roads will be constructed with bull dozier and motor graders. The necessary crossing culverts will be installed with a track hoe. The streets will be paved with asphalt and the utilities
will be installed in the street right of way. All disturbed areas will recieve a ground cover sufficient to restrain accelerated erosion.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
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-2022-02744
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: S&EC
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?
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
Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
(?)
2g. Impact
area *
tt�]Frt
J
P
Small -Basin Wetland
Wetland 2
Yes
Both
0.040
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.040
2i. Comments:
2g. Total Permanent Wetland Impact
0.040
E. Impact Justification and Mitigation
0
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
We only are disturbing the necessary amount to install the street and the Lot 9 driveway. The rest of the wetland on Lot 9 is left intact.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
In construction the wetlands will be clearly marked on the construction plans and in the field. The wetlands in the vicinity of the road crossing and
driveway impact will be protected with a silt fence. All riparian areas will be stabilized with a ground cover. An approved Sediment and Erosion Control
Plan will be followed for this project.
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 Impact is less than the 0.10 impact 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:
A stormwater plan will be approved by the Johnston County Stormwater Agency.
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.
This is only a 42 lot S/D. I do not believe this project will spur more development that will impact downstream water quality.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. Is another Federal agency involved?*
Yes No
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
Unknown
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?
NC Natural Heritage -Letter attached
IPaC- 1)Tricolored Bat- the Tricolored bat has not been listed as endangered. Only a small amount of trees will be removed to for the road crossing. 2)
Red -cockaded Woodpecker -No old growth pines were observed on the site, No affect. 3) Neuse River Waterdog-There will be no stream impact, no
affect. 4) Carolina Madtom-No stream impact, no affect 5) Atlantic Pigtoe, Dwarf Wedgemussel, Green Floater, Tar River Spinymussel, Yellow Lance, no
impact to a stream, no habitat. 6) Monarch Butterfly -No affect.
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?
Web link above
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?
web link above
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 dreg and drop files here to attach document
Barrow Meadows PCN Package.pdf 27.03MB
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:
Wyatt Brown
Signature
Date
10/16/2023