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HomeMy WebLinkAbout20231502 Ver 1_ePCN Application_20231103DW R 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: 7/21 /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 * 20231502 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Wilmington Regional Office - (910) 796-7215 Information for Initial Review 1a. Name of project: Brookfield Branch 1a. Who is the Primary Contact?* Kim Williams - Davey Resource Group, Inc. 1b. Primary Contact Email: * kim.williams@davey.com Date Submitted 11/3/2023 Nearest Body of Water Godfrey Creek Basin Cape Fear Water Classification C; Sw Site Coordinates Latitude: 34.385176 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Fender Longitude: -77.710235 Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Holley Snider:Holley.Snider 1c. Primary Contact Phone: * (910)452-0001 $570.00 $767.00 O 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 Nationwide Permit (NWP) Number: 18 - Minor Discharges 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 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 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) 1e. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Hoover Road Investments LLC 2b. Deed book and page no.: 2c. Contact Person: D Logan O 2d. Address Street Address 60 Gregory Rd. Suite #1 Address Line 2 City Leland Postal / Zip Code 28451 2e. Telephone Number: (910)452-7175 2g. Email Address:* tiong@logandevelopers.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group, Inc. 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 city Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* kim.williams@davey.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Brookfield Branch 1c. Nearest municipality / town: Hampstead 2. Project Identification State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (910)452-0020 2a. Property Identification Number: 3283-94-9377-0000;3283-83-9765- 2b. Property size: 0000;3283-93-1673-0000 72.1 2c. Project Address Street Address Hoover Road Address Line 2 City State / Province / Region Hampstead NC Postal / Zip Code Country 28443 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Godfrey Creek 3b. Water Resources Classification of nearest receiving water: C; Sw O 3c. What river basins) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300070804 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 tract is located east of Hoover Road in Hampstead (Pender County), NC. The northwestern half of the tract is cleared uplands that currently supports a mix of herbaceous species and some small woody species. The southeastern half of the site is forested wetlands that supports a mix of pond pine and hardwoods such as black gum, sweetgum, and red maple trees. A stream runs along or near the southwestern project boundary, which runs northwest to Godfrey Creek. Adjacent land use consists of a laydown yard just to the south, undeveloped and forested land to the north, east, and south, and residential development to the southwest and west. 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: - 24.2 4g. List the total estimated linear feet of all existing streams on the property: - 1,800 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a residential subdivision to accommodate the housing needs of the area. A stream impact is needed to gain access to the site. Jurisdictional ditch impacts are needed for general site development. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: This residential development will include single family lots (- 150), townhomes (- 130 units), and an amenity area. Roads, utilities, stormwater ponds are also proposed. Sidewalks are a requirement of the municipality. One stream crossing is proposed. A 72-in. box culvert will be installed at this crossing to maintain hydrologic flow and will be buried per USACE and DWR requirements. The top of the riprap will be at the same elevation as the stream bed. Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. Site grading (including proposed ditch fill) will occur as depicted on the site plan. Roadways and utilities will be installed. Then home/building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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-2018-01501;SAW-2022-02559 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Wes Fryar Agency/Consultant Company: Davey Resource Group Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Emily Greer with the USACE issued an AJD for the larger site on 6/8120 (SAW-2018-01501). David Moose with the USACE issued a PJD for the smaller parcels to the southwest on 8/28/23 (SAW-2022-02559). 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 Buffers Open Waters Pond Construction 3. Stream Impacts O g1 3a. Reason for impact (?) Road Crossing 3b.lmpact type" Permanent 3c. Type of impact* Culvert 3d. S. name* UT to Godfrey Creek 3e. Stream Type" (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width 10 Aveage (feet) 3h. Impact length* 56 (linear feet) S2 Road Crossing Temporary Rip Rap Fill UT to Godfrey Creek Perennial Both 10 Average (feet) 50 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 56 3i. Total stream and ditch impacts: 106 3j. Comments: 4. Open Water Impacts 3i. Total temporary stream impacts: 50 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterboWy 4d. Activity type :114e. Waterbody type 4f. Impact area Site Development P RPW 2 Fill Ditch 0.21 Site Development P RPW 3 Fill Ditch 0.08 Site Development P RPW 4 Fill Ditch 0.05 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.34 4h. Comments: Of the ditch impacts, 0.076 acre are within a 100-yr floodplain E. Impact Justification and Mitigation 1. Avoidance and Minimization 4g. Total permanent open water impacts: 0.34 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant attempted to minimize impacts to jurisdictional features during the site planning. All wetlands have been avoided. NCDOT owns a portion of the tract along Hoover Road and the only access to the site is through smaller parcels in the southwestern part of the project area that the owner purchased specifically for site entry. The width of the road crossing has been minimized as much as possible. Jurisdictional ditches run through the site and the engineer could not avoid them and still provide an economically viable site plan. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The developer will obtain stormwater and sedimentation and erosion control permits prior to development. 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: Permanent stream impacts from the proposed culvert are under 0.02 acre, which is the typical threshold for stream mitigation. Other impacts are to jurisdictional ditches or are temporary impacts for rip rap installation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: Site is located in the Cape Fear River Basin, which does not have riparian buffer rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No a O 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 State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: Engineer is currently preparing a stormwater plan. 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. The project will not provide access or utilities to adjacent tracts. Additionally, erosion control and stormwater permits will be obtained to minimize impacts to downstream waters. 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 tie into municipal wastewater treatment system. 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 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 5L 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 database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur on or within a one mile radius of the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. DRG staff performed a T&E habitat assessment for the site in 2022. Forested wetlands provide suitable habitat for the northern long-eared bat and tri-colored bat. These areas will be avoided. DRG prepared a determination key for the NLEB, which resulted in a NLAA determination. Uplands have been cleared of trees and wetlands support mostly hardwoods. Therefore, the tract does not appear to provide suitable habitat for the RCW. The site does not appear to provide suitable habitat for any other federally -protected species. 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 EFH 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? The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. A couple of surveyed structures are noted along Hoover Road, but no resources are identified within the site. Additionally, a request for comment was submitted to SHPO for tract. They responded and had no comment. 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: Portions of the site are located within the 100-yr floodplain. The applicant will coordinate with the County on obtaining a floodplain development permit, if one is needed. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center Miscellaneous L 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 Hoover Rd Attachments.pdf 6.55MB 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: Kim Williams Signature Date 11 /3/2023 8