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HomeMy WebLinkAbout202321640 Ver 1_ePCN Application_20231128DW R Dlvlslon 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. 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# * 202321640 1 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 la. Name of project: OJC Real Estate III la. Who is the Primary Contact?* Doug Dorman 1b. Primary Contact Email:* dougdaec@gmail.com Date Submitted 11/28/2023 Nearest Body of Water Coinjock Bay Basin Pasquotank Water Classification SC Site Coordinates Latitude: 36.454067 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Currituck Is this a NCDMS Project Yes No Longitude: -76.048551 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Robert Tankard:robert.tankard 1c. Primary Contact Phone:* (252)599-2603 $570.00 $767.00 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: 18 - Minor Discharges NWP Numbers (for multiple NWPS): 58-Utility Line Activities for Water and Other Substances 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 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: OJC Real Estate III, LLC 2b. Deed book and page no.: 1653/870 2c. Contact Person: Scott Feehley 2d.Address Street Address PO Box 62 Address Line 2 City State / Province / Region Maple NC Postal / Zip Code Country 27956 USA Yes No Yes No 2e. Telephone Number: (252)207-6956 2g. Email Address:' o ry i l l ej a m e s co n t ra ct i n g@ g m a i l. co m 4. Agent/Consultant (if applicable) 4a. Name: Doug Dorman 4b. Business Name: Atlantic Environmental Consultants, LLC 4c.Address Street Address PO Box 3266 Address Line 2 City Kitty Hawk Postal / Zip Code 27949 4d. Telephone Number: (252)599-2603 4f. Email Address:' dougdaec@gmail.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) None 1c. Nearest municipality I town: Moyock 2. Project Identification 2a. Property Identification Number: 004100000770000 2c. Project Address Street Address 2490 Caratoke Highway Address Line 2 City Maple Postal / Zip Code 27956 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Coinjock Bay 3b. Water Resources Classification of nearest receiving water: SC 3c. What river basin(s) is your project located in?* Pasquotank 3d. Please provide the 12-digit HUC in which the project is located. 030102051107 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 0.69 acres 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 is the location of a new 3 bedroom single family residence that is 90 % complete. General land use in the vicinity of the property is residential use. O 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: 0.43 acres 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The purpose of the project is to re -develop the property with a three -bedroom single family residence and provide much needed housing for the area. The re -development of the property consisted of demolishing the existing house and garage as well as removing the septic system associated with the original home. As the area continues to grow it is necessary to accommodate the growth and respond to the changes while maintaining aspects of the community that the residents value and meets the Counties development standards. Development of new properties as well as the re -development of existing properties will ensure that the economical health and growth of Currituck County is adequate enough to serve the existing population and future residents. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: On behalf of OJC Real Estate III, LLC, Atlantic Environmental Consultants, LLC is submitting Nationwide 18 & 58 Permit Requests for the site re -development of a residential property located at 2490 Caratoke Highway in Maple, Currituck County, North Carolina. The proposed project encompasses the construction of a single-family residence, driveway and parking, septic system, and stormwater retention areas. The 0.69-acre parcel has already undergone significant re -development, featuring a three -bedroom single-family residence, stormwater retention areas, and an engineered septic system. The property owner has made a substantial investment, and the re -development is currently at 90 % completion. Throughout the planning process, the applicant has collaborated with Currituck County, Albemarle Regional Health Services, and the design engineer to formulate a project that strategically minimizes environmental impacts on -site. Equipment to be used includes backhoe and small tractor. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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: No Action Id. issued yet. 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Doug Dorman Agency/Consultant Company: Atlantic Environmental Consultants, LLC Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Wetland line verified on August 10, 2023 by Anthony Scarbraugh with U.S. Army Corps of Engineers. 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? 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 Q u 2a1 Reason (?) Residence 2b. Impact type* (?) P 2c. Type of W. * mland Hardwood Forest ff 2d. W. name Area 1 2e. Forested" No 2f. Type of Jurisdicition * ?) Both 2g• Impact area * 0.100 (acres) Residence I Bottomland Hardwood Forest Area 2 No Both 0.025 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.125 2g. Total Wetland Impact 0.125 2L 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: Impacts to the Jurisdictional Wetlands have been effectively avoided and minimized to the maximum extent practicable through the modification of the drain field design. This involved the installation of a retaining wall around the perimeter of the existing fill area and a limitation on additional fill through a 3:1 slope, demonstrating a commitment to minimizing environmental disturbance. development. Furthermore, the proposed project has taken measures to mitigate the potential for secondary impacts by obtaining a project -specific land disturbance permit. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The construction of the retaining wall around the perimeter of the existing fill area and a limitation on additional fill through a 3:1 slope has demonstrated a commitment to avoid and minimize wetland impacts. 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: Hidden Lake Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.25 3c. Comments 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR O 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: Project is not in an area with NC Riparian 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 Comments: 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 2b Provide an explanation of the violation(s): 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. There is no additional impacts proposed for the project. 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. 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? U.S. Fish and Wildlife IPaC. 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? Wetland area does not support Essential Fish Habitat. 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 North Carolina State Historic and Preservation Office has completed an Environmental Review (Appendix D) of the property and they found there to be no historical resources which would be affected by the project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: Single family residence will comply local and federal building elevation requirements. 8c. What source(s) did you use to make the floodplain determination? Elevation survey and federal flood plain maps. 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 OJC Real Estate III LLC NW Permits.pdf 5.82MB 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: Doug Dorman Signature Oew900tara r Date 11/28/2023 U