HomeMy WebLinkAbout20240001 Ver 1_ePCN Application_20231215DW R
DHlsloo 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# *
20240001 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
la. Name of project:
Wilson's Mills Storage
la. Who is the Primary Contact?*
Wyatt Brown
1b. Primary Contact Email:*
brownenvgrp@gmail.com
Date Submitted
12/15/2023
Nearest Body of Water
UT Poplar Creek
Basin
Neuse
Water Classification
WS-IV:NSW
Site Coordinates
Latitude:
35.58479
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Johnston
Is this a NCDMS Project
Yes No
Longitude:
-78.37132
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Kristina Morales: Kristina.Morales
1c. Primary Contact Phone:*
(919)524-5956
$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:
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
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:
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
fig. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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:
Wilson Mills Storage, LLC
2b. Deed book and page no.:
06451, 0156
2c. Contact Person:
David Orringer
2d. Address
Street Address
276 BENNING CIR
Address Line 2
City State / Province / Region
CLAYTON NC
Postal/Zip Code Country
27527 us
Yes No
Yes No
2e. Telephone Number:
(919)795-1359
2g. Email Address:*
david@orringerteam.com
4. Agent/Consultant (if applicable)
4a. Name:
Wyatt Brown
4b. Business Name:
Brown's Environmental Group, Inc
4c. Address
Street Address
242 Batten Farm Road
Address Line 2
City
Selma
Postal / Zip Code
27576
4d. Telephone Number:
(919)524-5956
4f. Email Address:
brownenvgrp@gmaii.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Wilsons Mills
2. Project Identification
2a. Property Identification Number:
168600-68-8392
2c. Project Address
Street Address
Not assigned
Address Line 2
city
Wilson's Mills
Postal / Zip Code
27527
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT Poplar Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV;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.
030202011105
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
16.65
State / Province / Region
NC
Country
us
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 Project Area is located in what was formally a cow pasture. The area is -40 % cleared pasture and -60 wooded pasture. The Project Area is located on the edge of Wilson's Mills, so
most of the adjoining area is changing from rural to an urban area.
a
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:
-2.5 acres
4g. List the total estimated linear feet of all existing streams on the property:
There are no jurisdictional streams on the property.
4h. Explain the purpose of the proposed project:*
The purpose of the project is to provide private storage facilities for the growing population in the area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
An approved sediment and erosion control plan and storm water plan will be followed during construction of the project. The sediment and erosion control will be installed prior to grading
activities. The land will then be graded by motor graders and bull dozers. The areas around the storage buildings will be paved with asphalt. Any needed culverts will be installed by track
hoes. The disturbed areas will be stabilized by temporary and permanent ground covers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No Unknown
Comments:
concurrence email by Matt Martin
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-2023-00786
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Wyatt Brown
Agency/Consultant Company: Brown's Environmental Group, Inc
Other:
Sd. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
On 8-23-23 Mark Martin issued an Approved JD.
Neuse Buffer determination by Chris Smith.
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?
Not to my knowledge
D. Proposed Impacts Inventory
1. Impacts Summary
f a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
u
2a1 Reason (?)
2b. Impact type* (?)]2c.
Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
?)
2g• Impact
area *
W1
necessary fill
P
Small -Basin Wetland
Wetland A
Yes
Both
0.085
(acres)
W2
necessary fill
P
Small -Basin Wetland
Wetland A
Yes
Both
0.057
(acres)
W3
necessary fill
P
Small -Basin Wetland
Wetland A
Yes
Both
0.025
(acres)
W4
necessary fill
P
Small -Basin Wetland
Linear Wetland
Yes
Both
0.067
(acres)
2g. Total Temporary Wetland Impact 29. Total Permanent Wetland Impact
0.000 0.234
2g. Total Wetland Impact
0.234
2i. 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:
All efforts have been taken when designing this site to minimize the impacts to environmental features. Impact W1 in the Northwest corner is due to the
required stormwater wet pond that will treat and attenuate stormwater from the proposed development. The site width has been minimized to the
greatest extent practical and is constrained on the south by a transmission power easement. The wetlands impacts W2 and W3 are due to required
stormwater piping and grading from parking that is required by the Town of Wilson's Mills LIDO. Lastly impact W4 is due to the way the site drains.
Currently the site drains from south to north and any proposed development impacts the flow of the linear ditch wetlands. We have rerouted this
drainage through swales and stormwater piping that will eventually drain into the proposed wet pond, treating and attenuating the runoff, before exiting
the site. The wetland areas will be marked on the construction plans to warning construction personnel to avoid impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All non impacted wetlands will be marked and protected by silt fence before construction begins to protect them from sedimentation and from
construction traffic. As stated earlier an approved sediment and erosion control plan will be followed to protect natural resources. The construction
impact areas should be immediately stabilized with a temporary ground cover.
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:
Water & Land Solutions Hollowell Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.468
3c. Comments
The SOA letter is attached above and the amount of credits to purchase was calculated at 2:1.
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:
No Neuse Buffer features on the project area.
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
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Wilsons Mills
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
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.
No, this is a storage facility for private storage. I can't imagine this facility causing more growth. Also, this project is not located not on a stream.
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.
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
5L 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?
NC Natural Heritage - Letter attached below
IPaC-Species list attached below. 1) Tricolored Bat -Proposed Endangered -This project area is an open pasture with small pines. No habitat appears to
be on site. 2) Red -cockaded Woodpecker -No habitat on site. 3) Neuse River Waterdog-Threatened-No jurisdictional streams on site. 4) Carolina
Madtom-No habitat 5) Atlantic Pigtoe-Threatened-No habitat 6) Dwarf Wedgemussel-No habitat 7) Green Floater -Proposed Threatened- No habitat 8)
Monarch Butterfly -Candidate (don't know what party)- No milk weed plants have been observed on the site.
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?
None in Johnston County
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?
Website above
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?
website above
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
Wilsons Mills Storage PCN Package.pdf 24.56MB
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:
Wyatt Brown
Signature
Date
12/15/2023
0