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HomeMy WebLinkAbout20231591 Ver 1_ePCN Application_20231114DWR 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: 10/11/2023 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# * 20231591 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* Wilmington Regional Office - (910) 796-7215 Michael Meilinger:Michael.Meilinger Information for Initial Review 1a. Name of project: Crystal Coast Sports Complex 1a. Who is the Primary Contact?* Charles M. Cullipher 1b. Primary Contact Email: * 1c. Primary Contact Phone:* chase@tcgpa.com (252)773-0090 Date Submitted 11/14/2023 Nearest Body of Water Godfry Branch Basin White Oak Water Classification SA;HQW Site Coordinates Latitude: Longitude: 34.743-77.087 A. Processing Information O Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Carteret 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: Nationwide Permit (NWP) Number: 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 39 - Commercial/Institutional Developments 18 - Minor Discharges le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 401 Water Quality Certification - Express Riparian Buffer Authorization 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: JB5 Properties, LLC 2b. Deed book and page no.: IDS 1788 PG 251 2c. Contact Person: Jessica Burt, Manager Yes No Yes No O 2d. Address Street Address 107 Shady Path Address Line 2 City Cedar Point Postal / Zip Code 28584 2e. Telephone Number: (910)890-0765 2g. Email Address:* jburt12730@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Charles M. Cullipher 4b. Business Name: The Cullipher Group, PA 4c.Address Street Address 151-A NC Hwy 24 Address Line 2 city Morehead City Postal / Zip Code 28577 4d. Telephone Number: (252)773-0090 4f. Email Address:* chase@tcgpa.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Peletier 2. Project Identification 2a. Property Identification Number: 537601479582000 2c. Project Address Street Address Address Line 2 City White Oak Postal / Zip Code 28584 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Godfry Branch 3b. Water Resources Classification of nearest receiving water: SA;HQW 3c. What river basins) is your project located it * White Oak State / Province / Region North Carolina Country United States 2f. Fax Number: State / Province / Region North Carolina Country United States 4e. Fax Number: 2b. Property size: 29.94 State / Province / Region North Carolina Country United States 3d. Please provide the 12-digit HUC in which the project is located. 030203010206 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 site is cleared and vacant except for the wooded existing wetlands on the south border of the property. The property is surrounded by wooded land to the south, NC Highway 58 to the west, and a future 20-lot commercial subdivision to the north (currently cleared and vacant). 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: 1.11 ac 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 project is proposed as a combination high -density and low -density development of a 3-lot commercial subdivision, three soccer fields, a medical office, concession stands, an indoor gym, a bathhouse, and other supporting parking/infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The 3 proposed commercial lots will border Highway 58 and share access to the highway with the neighboring north commercial subdivision. There are wetlands present on the site and there are 0.46 acres of 404 wetlands impacts proposed within this development. The low -density portion of the development ("sports complex") will divert runoff from the impervious area of the development through a proposed ditch north of the soccer fields to the large ditch constructed by Dirt2Dreams that ties to the existing ditch on the Humphries property to the east. There is an access road that is shared with the property owner to the north and is in a combined access and drainage easement. The impervious area within this drainage easement flows to a "Pond B" on the northern property under Stormwater Permit #: SW823069. 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): Agency/Consultant Company: Other: 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? N/A 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 L 2a1 Reason (?) 2b. Impact type* M 2c. Type of W. * 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * (?) 2g. Impact area * Commercial lot and parking t ffUnknown�tandImpact #1 Yes Corps 0.460 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.460 2g. Total Wetland Impact 0.460 2i. Comments: 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: The sports complex location was chosen to minimize and impacts to the existing wetlands on the south border of the property and to minimize any grading. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fencing will be used to ensure that off -site sedimentation is controlled during construction, a skimmer basin will be constructed to collect sediment laden flow and will be mucked out and converted to a wet pond once construction is complete. Stone construction entrances will be used to reduce sediment transportation from the site. All disturbed areas will be seeded within 7 days following 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: N/A 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 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: This project is a combination high- and low -density development. The sports complex is less than 12 % impervious coverage and the three commercial tracts have a proposed 85 maximum allowable impervious coverage and will drain to an off -site pond. G. Supplementary Information 1. Environmental Documentation la. 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 O Q V 3b. If you answered "no," provide a short narrative description. Description provided in Section 4. 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 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? N/A 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? N/A 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?" N/A 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?" Carteret County GIS/FEMA Firm Map 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 Combined Documents 11-8-23.pdf 32.16MB Signed Form.pdf 27KB 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: Charles M. Cullipher Signature Date 11/14/2023