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HomeMy WebLinkAbout20231422 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: 1/3/2023 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# * 20231422 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 Zachary Thomas:zachary.thomas Information for Initial Review la. Name of project: Wilmington Road Industrial 1a. Who is the Primary Contact?* John Core 1b. Primary Contact Email: * 1c. Primary Contact Phone: * jrobertson@atlasenvi.com (704)926-1416 Date Submitted 10/16/2023 Nearest Body of Water Little Arm Branch Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.719092-78.592050 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wake 8 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: 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 39 - Commercial/Institutional Developments 58 - Utility Line Activities for Water and Other Substances (frequently used) 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: Doggett Associates LLC 2b. Deed book and page no.: 008557/01694 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 1904 Chase Court Address Line 2 City Raleigh Postal / Zip Code 27607 2e. Telephone Number: (704)926-1416 2g. Email Address:* john.core@beacondevelopment.com 3. Applicant Information (if different from owner) 3a. Name: John Core 3b. Business Name: Wilmington Industrial Partners LLC 3c.Address Street Address 500 East Morehead Street, Suite 200 Address Line 2 city Charlotte Postal / Zip Code 28202 3d. Telephone Number: (704)926-1416 3f. Email Address:* john.core@beacondevelopment.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Robertson 4b. Business Name: Atlas Environmental Inc 4c.Address Street Address 338 S. Sharon Amity Road #411 Address Line 2 city Charlotte Postal / Zip Code 28211 4d. Telephone Number: (704)512-1206 4f. Email Address:* jrobertson@atiasenvi.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Garner 2. Project Identification State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: O 2a. Property Identification Number: 1721060722 2b. Property size: 59.63 2c. Project Address Street Address 4434 Wilmington Road Address Line 2 city Garner Postal / Zip Code 27529 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Little Arm 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. 030202011101 4. Project Description and History State / Province / Region NC Country USA 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 review area is currently forested and undeveloped. The surrounding land use a a mix of industrial to the East, residential to the West, and generally forested to the North and South. 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). JD was issued under SAW-2019-00226. Previous permit application did not include this parcel and is a separate project. 4f. List the total estimated acreage of all existing wetlands on the property: 0.593 4g. List the total estimated linear feet of all existing streams on the property: 6239 4h. Explain the purpose of the proposed project:* The project purpose is for the construction of an industrial development. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed industrial development consists of two buildings, commercial vehicle parking, employee parking, roadways, and additional necessary infrastructure. Building A is 152,750 square feet and Building B is 136,500 square feet. One road crossing is required to access building B. Two stormwater control measures are proposed with one in the Northern region of the property and one located generally between the two buildings. The proposed development includes three permanent stream impacts, three permanent wetland impacts, and seven temporary stream impacts. The work will require tree clearing and grading for site preparation. Construction will require the use of heavy equipment. Pump arounds have been shown at areas of in stream work to prevent flowing water within the active construction. The establishment of the dewatered area will use non -erosive materials to create a dike and a pump to move the water around the work area. A smaller de -watering pump may be necessary to remove seepage from the work area. Silt bags should be used on all pump outlet hoses and the pump intake should be suspended above the bottom of the channel. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: Atlas Environmental Inc in October 2022 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-2019-00226 and SAW-2023-00044 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Atlas Staff Agency/Consultant Company: Atlas Environmental Inc. 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 AJD covers a portion of the review area: SAW-2019-00226 Delineation concurrence covers the remainder of the review area: SAW-2023-00044 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 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 6 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * (?) 2g. Impact area W1 Road Crossing 1p fftornland Hardwood Forest WL 2000 Yes Both 0.006 (acres) W2 Sewer Installation P Fttomland Hardwood Forest WL 1000 Yes Both 0.014 (acres) W3 Sewer Installation 7�p �Ftto-land Hardwood!��::Ft f=foth 0.006 acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.026 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.026 F I 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 CH 100 Perennial Both 94 Averege (feet) (linear feet) S2 Road CrossingPermanent Fill CH 100 Int Intermittent Both 2 50 Average (feet) (linear feet) S3 Road CrossingPermanent Fill H 20 C0 Intermittent Both 2 19 Averege (feet) (linear feet) gq Pump Around Temporary Dewatering CH 100 Perennial Both 3 20 Average (feet) (linear feet) S5 Trench Tem ora P rY Excavation CH 100 Perennial Both 3 42 Averege (feet) (linear feet) S6 Pump Around Temporary Dewatering CH 100 Perennial Both 20 Average (feet) (linear feet) S7 Trench Temporary Excavation CH 500 Perennial Both 45 Average (feet) (linear feet) gg Pump Around Temporary Dewatering CH 500 Perennial Both 20 Averege (feet) (linear feet) S9 Trench Temporary Excavation CH 500 Perennial Both 33 Average (feet) (linear feet) S10 Pump Around Temporary Dewatering CH 500 Perennial Both 20 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 163 200 3i. Total stream and ditch impacts: 363 3j. Comments: Stream impacts include de -watering zones, where applicable, to prevent flowing water within the work area. All trenching and de -watering zones are temporary impacts. 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 Sewer P CH 100 Yes 894 4,428 Perpendicular Sewer Crossing P CH 100 Yes 2,491 1,551 Road Crossing P CH 100 No 4,036 3,350 Grading P CH 100 No 0 351 Grading P CH 100 No 0 332 Grading P CH 100 No 0 1,041 Grading P CH 100 No 0 370 Grading P CH 100 No 0 1,323 Perpendicular Sewer Crossing P CH 100 Yes 1,915 1,252 Sewer P CH 300 No 0 611 Sewer P CH 500 Yes 9,019 9,440 Perpendicular Sewer Crossing P CH 500 Yes 3,301 1,224 Grading P CH 500 No 0 478 Grading P CH 500 No 0 430 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 21,656.00 26,181.00 Zone 1 Zone 2 Total combined buffer impacts: 21,656.00 26,181.00 6i. Comments: No mitigation required for the road crossing as the impact area is less than 1/3 acre. Due to the required 40-foot width of the proposed sewer line mitigation is required for the crossings and where located within Zone 1. No mitigation is required for Zone 2 impacts. Buffer mitigation is occurring at a 3:1 ratio. Total buffer impact requiring mitigation is 17,620 Square feet needing 52,860 credits. A SOA is attached. 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 site has been designed and engineered to avoid and minimize impacts to the greatest extent possible. Avoidance and minimization has occurred through the site design including the size, orientation, and positioning of the proposed buildings, stormwater control measures, parking, and additional infrastructure. 8 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Retaining walls are proposed at the road crossing to minimize proposed impacts and avoid additional impacts. The retaining walls at the road crossing are 247 linear feet and 144 linear feet. The walls vary in height but approximate 20 feet at the highest point. Without these retaining walls and assuming 2:1 slopes the road crossing would be lengthened by approximately 80 feet (40 feet on both sides) and would impact over 175 feet of CH 100, all of CH 200, all of WL 2000, and a portion of WL 1500. An additional retaining wall of 745 linear feet, varying in height from approximately 20-30 feet, is being proposed Southwest of Building A to avoid greater impacts to CH 100 and entirely avoid wetlands WL 1400 and WL 1500. This wall also creates a wider buffer and tree save area along channel CH 100. 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): DWR 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: EBX-Neuse, LLC and Environmental Banc and Exchange Riparian Buffer Mitigation Banks 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian buffer 52,860 3c. Comments Total buffer impact requiring mitigation is 17,620 Square feet needing 52,860 credits. A SOA is attached. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No 6b. If yes, then identify the square feet of impact. r7l��impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Sewer and Grading 17,620 3 52,860 Zone 2 0 6f. Total buffer mitigation required 52860 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6j. Comments: SOA attached for private mitigation bank 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 Q V 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 Local Government Stormwater Programs Phase It NSW USMP Water Supply Please identify which local government stormwater program you are using. Garner Comments: Site plan includes the construction of two stormwater control measures. One SCM is located in the Northern region of the review area and the second is located generally between buildings A and B. G. Supplementary Information 1. Environmental Documentation la. 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 a single and complete project. 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. Project will connect to municipal sewer. 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. Raleigh 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 n 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? IPaC and NC NHP 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 mapper 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?" See attached comment letter from NC HPO 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: Project engineer is handling all FEMA requirments 8c. What source(s) did you use to make the floodplain determination?" FEMA NFHL Google Earth layer 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 Wilmington Road Industrial ePCN Attachments Compressed.pdf 8AMB 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: Jacob Sinclair Signature (�fr'irt Srrr/ai t Date 10/16/2023 V