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