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
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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