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HomeMy WebLinkAbout20231510 Ver 1_ePCN Application_20231106DWR 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: 8/15/2023 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# * 20231510 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 1a. Name of project: Hampton 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 11/6/2023 Nearest Body of Water UT Reedy Creek Basin Neuse Water Classification C, NSW Site Coordinates Latitude: Longitude: 35.48338-78.52016 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Johnston 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 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: Pintail Development, LLC 2b. Deed book and page no.: 6545, 758 2c. Contact Person: Bradley Stancil 2d. Address Street Address 466 Stancil Road Address Line 2 City Angier Postal / Zip Code 27501 2e. Telephone Number: (919)538-5845 2g. Email Address:" bradley@bradleybuiltnc.com 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: Benson 2. Project Identification 2a. Property Identification Number: 164300-21-7775 2c. Project Address Street Address 9383 RALEIGH RD Address Line 2 City BENSON Postal / Zip Code 24504 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" UT Reedy Creek 3b. Water Resources Classification of nearest receiving water:" C, 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: 110.210 State / Province / Region NC Country US 3d. Please provide the 12-digit HUC in which the project is located. 030202011203 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 project area is an -110 acre farm located on Raleigh Road near Benson. The tract is -40 farm land and -60 woodland. Reedy Creek runs along the eastern border. The general land use in the area is cropland, woodland and new single family homesite subdivisions. 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: 20.35 acres 4g. List the total estimated linear feet of all existing streams on the property: 1386.1 Ift 4h. Explain the purpose of the proposed project:* The purpose is to provide individual home sites for the increasing need in Johnston County. Approximately -68 lots re planned in this S/D. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" A necessary crossing will be installed across a small creek and wetland in the southwest corner coming from Raleigh Road. The crossing will be installed with a track hoe. The streets will be rough graded with bull dozier and motor grader. The utility hookups will be installed by the developer and the septic will be onsite for each lot. the streets will be asphalt. 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-2023-00708 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Wyatt Brown Agency/Consultant Company: Other: Brown's Environmental Group, Inc 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 5/23/23 Corps Matt Martin 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? Not to my knowledge 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 U 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name 11 2e. Forested* 2f. Type of Jurtsdtcltton * ?) 2g• Impact area * crossing ::] culvert I P � Small -Basin Wetland Wetland B Yes Both ] 0.123 acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.123 2g. Total Wetland Impact 0.123 2i. Comments: 3. Stream Impacts 31 3a. Reason for impact (?) road crossing 3b.lmpact type * Permanent 3c. Type of impact* Culvert 3d. S. name* Stream 1A 3e. Stream Type* (?) Intermittent 3f. Type of Jurisdiction* Both 3g. S. width Averge (feet) 3h. Impact length* 57 (linear feet) S2 road crossing Permanent Rip Rap Fill Stream 1A :�:]tf::]B.th Average (feet) 36 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 31. Total temporary stream impacts: 93 0 3i. Total stream and ditch impacts: 93 3j. Comments: In addition to the 57 Ift of stream impact another 36 Ift of rip rap is installed flush with the channel bottom. So the total impact to the stream at the crossing is 93 Ift but with the 38 Ift rip rap being installed flush with the channel bottom the actual impact toward mitigation is 57 Ift. 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 Allowable P Stream 1A No 4,415 3,122 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 4,415.00 3,122.00 Zone 1 Zone 2 Total combined buffer impacts: 4,415.00 3,122.00 6i. Comments: 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: We are using a headwall and the side slopes have been steepened to 2:1. The fill from the existing crossing will be included in this crossing minimizing the impact. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The wetlands in the vicinity of the crossing will be clearly marked with silt fence in the field. A pump around will be used during the crossing instillation. The crossing construction will not be conducted during periods of high water flow or when rain fall is predicted. The impact are will immediately be stabilized with a ground cover. an approved sediment and erosion control plan will be used on this project and the project will be inspected for compliance by Johnston County inspectors. a 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: Neu- Con Wetland & Stream Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.107 3c. Comments 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 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: The Storm Water Plan will be reviewed by the Johnston County Storm Water section. 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. I do not anticipate this subdivision causing additional downstream development. 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 in package below. IPaC-List attached below and listed here. 1)Tricolored Bat- very little trees will be removed at the crossing, the bat is also not listed as endangered, no affect. 2) Red -cockaded Woodpecker -No old growth pines were observed on the project, no affect. 3) Neuse River Waterdog, Carolina Madtom, Atlantic Pigtoe, Dwarf Wedgemussel, Green Floater, Tar River Spinymussel, Yellow Lance, all live in flowing water in healthy streams. There is a pond immediately downstream of the crossing, no affect on any of these. 5) Monarch ButterAy-No milkweed plants were found on the project site, 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? Website, none in Johnston County. 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? link above, map attached in package 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?" link above Miscellaneous Q 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 Hampton Meadows PCN Package.pdf 10.69MB File must be PDF or KMZ Comments The Nauss Buffer Authorization will be sent to Johnston County Stormwater local program. 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 �jt1lL'KJ tAr.W Date 11/6/2023 0