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HomeMy WebLinkAbout20231565 Ver 1_ePCN Application_20231115DW R Dlvislon 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: 6/21 /2022 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 * 20231565 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Fayetteville Regional Office - (910) 433-3300 Information for Initial Review 1a. Name of project: Wood Lake II -Phase II 1a. Who is the Primary Contact?* Deborah Shirley 1b. Primary Contact Email: * dshirley@sandec.com Date Submitted 11/15/2023 Nearest Body of Water Black Branch Basin Cape Fear Water Classification C Site Coordinates Latitude: 34.992930 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Hoke Longitude: -79.146149 Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Chad Turlington:chad.turlington 1c. Primary Contact Phone:* (919)846-5900 $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 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: Raeford Development Company 2b. Deed book and page no.: 2c. Contact Person: Mubarak Shahbain 2d. Address Street Address 1184 Fayetteville Road Address Line 2 City Raeford Postal / Zip Code 28376 2e. Telephone Number: (910)248-6464 2g. Email Address:* nancy@hokecontracting.com 4. Agent/Consultant (if applicable) 4a. Name: Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, PA 4c.Address Street Address 8412 Falls of Neuse Road, Suite 104 Address Line 2 city Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address:* dshirley@sandec.com C. Project Information and Prior Project History 1. Project Information State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (919)846-9467 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Raeford 2. Project Identification 2a. Property Identification Number: 494550401277,494550401278, 494550401280,494550401276, 494550401279,494550401016, 494550401020,494550401021, 2b.Property size: 494550401048 & 494550401149 +/_ 35.90 2c. Project Address Street Address 3035 Rockfish Rd Address Line 2 City State / Province / Region Raeford NC Postal / Zip Code Country 28376 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Black Branch 3b. Water Resources Classification of nearest receiving water: C O 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040606 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:" Existing conditions onsite consists primarily of forested/cut land as well as a utility easement that runs along the southern property boundary and one residential structure. Specifically, there are three (3) wetland features (W1-W3), two (2) perennial stream (SA & SB), and one (1) pond (pond 1) located on property. General land use in the vicinity of the project consists of forested land and single-family homes. 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: Approximately 2.41 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 1,966 LF 4h. Explain the purpose of the proposed project: The purpose of the project is to construct a single-family residential development and its necessary infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The overall project consists of the construction of a single-family residential development including but not limited to: roadway infrastructure, residential lots and utilities. Specifically, there is one (1) road crossing that impacts streams and wetlands. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Steven Ball Agency/Consultant Company: Soil & Environmental Consultants, PA Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A PJD request package was submitted to the USACE on 1/22/2021 with a follow up email request August 2022, no response received. 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? It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 2. Wetland Impacts O 2a1 Reason (?) 2b. Impact type*(') 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area Impact 1 Road Crossing -Culvert ��P & Fill Fttomland Hardwood Forest W2 Yes Both 0.118 (acres) mpact 1 Road Crossing- T F mland Hardwood Forest W2 Yes Both 0.021 Construction Access (acres) 2g. Total Temporary Wetland Impact 0.021 2g. Total Wetland Impact 0.139 2i. Comments: Total permanent loss wetland = 0.118 acres; Total temporary stream = 0.02 acres 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.118 F S1 3a. Reason for impact (?) Impact 1-Road Crossing- Culvert 3b.lmpact type* Permanent 3c. Type of impact* Culvert JA 3d. S. name* 3e. Stream Type* ?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width 6 Aveage (feet) 3h. Impact length* 122 (linear feet) g2 Impact 1-Road Crossing- Construction Access Temporary Other A Perennial Both ]��Tinear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 122 21 3i. Total stream and ditch impacts: 143 3j. Comments: Total permanent loss stream = 122 (0.016 acres); Total temporary stream = 21 LF (0.002 acres) E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a wetland delineation for the entire property in order to identify natural resources so that impacts could be avoided & minimized to the maximum extent practicable. Impact 1 is proposed road crossing on a perennial stream and wetland. Proposed impacts include permanent (i.e. culvert & headwalls) stream & wetland loss, and temporary (i.e. construction access) stream and wetland impacts. This road crossing is necessary to provide access to the southwestern portion of the property. Stream and wetland impacts have been minimized by utilizing head walls and retaining walls at the crossing, and by designing the crossing at a near perpendicular angle. Wetland mitigation is being proposed at a 2:1 ratio to compensate for these proposed wetland losses. Temporary stream impacts will be brought back to preconstruction stream bed elevations and the stream banks will be stabilized. Temporary wetland impacts will be brought back to preconstruction contours and the wetland vegetation will be restored via adjacent wetland see source. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Per the project engineer: Sediment Skimmer basins, diversion berms, and turf reinforcement matting. 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): D W R Corps 2d. If yes, which mitigation options) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.24 0 u 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested 4h. Comments Permanent Wetland loss impact = 0.118 acres; 0.118 @ 2:1 mitigation ratio = 0.24 acres S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were two (2) banks listed within the 03030004 HUC that had riparian wetland credits available. Both were contacted and no riparian wetland credits are available, therefore the NCDMS was utilized. 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 If no, explain why: This project is not located within a river basin that requires riparian buffer protection rules. 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 Comments: The North Carolina Department of Environmental Quality Division of Energy, Mineral, & Land Resources — Stormwater Program is the agency responsible for reviewing stormater. G. Supplementary Information n 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. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Wood Lake II- Phase II project is a residential development. Additionally, the project is located within the town of Raeford ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed. 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. Non -discharge wastewater will be generated and treated at the Hoke County Sewer Treatment Plant 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? S&EC completed a Threatened and Endangered species report for the entire property and submitted it to USFWS for concurrence on July 21, 2022. S&EC received concurrence from USFWS on July 26, 2022 that the project will not likely adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC T&E report as well as the concurrence from USFWS. 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? The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 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 Service interactive map was referenced on June 24, 2022, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. 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?* NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. 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 drag and drop files here to attach document PCN Attachments_Woodlake II.pdf 19.8MB File must be PDF or KMZ Comments Signature p 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: Deborah Shirley Signature �otn�f �fi't!nf Date 11 /15/2023