HomeMy WebLinkAbout20231556 Ver 1_ePCN Application_20231112DW 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:
10/12/2023
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
20231556
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Washington Regional Office - (252) 946-6481
Information for Initial Review
1a. Name of project:
Lane Farms Subdivision
1a. Who is the Primary Contact?*
Kim Williams - Davey Resource Group, Inc.
1b. Primary Contact Email: *
kim.williams@davey.com
Date Submitted
11/12/2023
Nearest Body of Water
UT to Contentnea Creek
Basin
Neuse
Water Classification
C;Sw,NSW
Site Coordinates
Latitude:
35.391338
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Pitt
Longitude:
-77.433042
Version#*
1
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Robert Tankard:robert.tankard
1c. Primary Contact Phone: *
(910)452-0001
$570.00
$767.00
V
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:
S and S Community Partners LLC
2b. Deed book and page no.:
2c. Contact Person:
Barton Horne
2d. Address
Street Address
300 Cotanche Street
Address Line 2
city
Greenville
Postal / Zip Code
27858
2e. Telephone Number:
(252)746-7628
2g. Email Address:*
barton@jonesandsmithnc.com
3. Applicant Information (if different from owner)
3a. Name:
Kenneth Smith
3b. Business Name:
Jones & Smith Contractors, LLC
3c.Address
Street Address
112 W. Fire Tower Road
Address Line 2
city
Winterville
Postal / Zip Code
28590
3d. Telephone Number:
(252)746-7628
3f. Email Address:*
ken neth@jonesandsmithnc.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
0. Email Address:*
kim.williams@davey.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Lane Farms Subdivision
1c. Nearest municipality / town:
Grifton
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:
(910)452-0020
O
2. Project Identification
2a. Property Identification Number:
23254
2b. Property size:
33.9
2c. Project Address
Street Address
6351 N. Highland Blvd.
Address Line 2
city
Grifton
Postal / Zip Code
28530
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
UT to Contentnea Creek
3b. Water Resources Classification of nearest receiving water:'
C;Sw,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.
030202030706
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 site consists of upland agricultural fields with several ditches transecting and bordering the site. Adjacent land use is agricultural fields, undeveloped and forested land, and some
residential.
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:
N/A
4g. List the total estimated linear feet of all existing streams on the property:
N/A
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 community. Jurisdictional ditch impacts are needed for overall site
development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project involves the construction of 99 residential lots. A pump station and access roads are also proposed.
Sedimentation and erosion control measures will be put in place and the limits of disturbance will be cleared of vegetation and graded. The jurisdictional ditches located in the middle of the
site will be filled. Utilities and roads will be installed. Structures will be constructed. 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
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-2023-01235
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Paul Farley
Agency/Consultant Company: Davey Resource Group
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
Emily Thompson with the USACE verbally approved the delineation (with minor changes) on 9/6/23. Note that the northern portion of the original site is no longer part of this project and
has been removed from the site plan. Attached is a preliminary wetland map that includes her revisions.
6. Future Project Plans
6a. Is this a phased project?"
Yes No
6b. If yes, explain.
The project will be constructed in phases. But site plan depicts entire project area.
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
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
Site development
P
JD3
Fill
Ditch
0.13
Site development
P
JD4
Fill
_11
Ditch
0.17
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.30
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
49. Total permanent open water impacts:
0.30
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The jurisdictional ditches extends into the center of the site and could not be avoided while still maintaining an economically viable project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A sedimentation and erosion control permit and stormwater permit will be obtained prior to
construction.
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:
Impacts are to jurisdictional manmade ditches with low habitat and water quality benefit.
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
If no, explain why:
Site is located within the Neuse River Basin, but no streams exist on or near the site.
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
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
O
Comments:
Low density stormwater permit will be obtained.
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. No additional impacts are anticipated on this site in the future. A sedimentation and
erosion control permit and stormwater permit will be obtained prior to construction.
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 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
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?
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 the site. The federally listed Neuse River Waterdog and its critical habitat is located approximately
one mile west of the site, in Contentnea Creek. The USFWS IPaC database was also reviewed and several species were identified as potentially
occurring in the region. Many of these species are aquatic and would not be found on site. The ditches to be filled appear to flow north and west to a UT
of Contentnea Creek, which crosses two roads before entering the river. Stormwater and erosion control permits will be obtained to limit impacts to
downstream waters. The entire site consists of fields and does not appear to provide appropriate winter and summer roosting habitat for the northern
long-eared bat or tri-colored bat. DRG prepared a determination key for the NLEB, which resulted in a NLAA determination. No impacts to federally listed
species are anticipated from this project.
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.
No cultural or historical resources were noted within or adjacent to the site.
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?
FEMA Flood Map Service Center website
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
Lane Farms —Attachments 11-12-23.pdf 6.3MB
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
qUa
Date
11 /12/2023
8