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HomeMy WebLinkAbout20221680 Ver 2_ePCN Application_20231221i DWR Division 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# * 20221680 2 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: McKinley Place Subdivision 1a. Who is the Primary Contact? * Sean Clark 1b. Primary Contact Email: * sclark@sageecological.com Date Submitted 12/21/2023 Nearest Body of Water Buckhorn Creek Basin Nauss Water Classification WS-IV; NSW Site Coordinates Latitude: 36.0609 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Granville Is this a NCDMS Project Yes No Longitude: -78.6039 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Zachary Thomas:zachary.thomas 1c. Primary Contact Phone:* (919)559-1537 $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 Please provide the date of the previous submission.' 11/28/2022 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 29 - Residential Developments 1e. 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 fig. 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) 1e. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 401 Water Quality Certification - Express Riparian Buffer Authorization 2a. Name(s) on recorded deed: Blue Ash, LLC 2b. Deed book and page no.: DB01924/PG0281 2c. Contact Person: Beth Robinson 2d. Address Street Address 8705 Alden Ln Address Line 2 City State / Province / Region Wake Forest NC Postal / Zip Code Country 27587 USA Yes No Yes No 2e. Telephone Number: (919)457-8402 2g. Email Address:* sclark@sageecological.com 3. Applicant Information (if different from owner) 3a. Name: Beth Robinson 3b. Business Name: Blue Ash, LLC 3c.Address Street Address 8705 Alden Ln Address Line 2 City Wake Forest Postal / Zip Code 27587 3d. Telephone Number: (919)457-8402 3f. Email Address:* beth@greenpointelandcorp.com 4. Agent/Consultant (if applicable) 4a. Name: Nikki Thomson 4b. Business Name: Sage Ecological Services, inc. 4c.Address Street Address 3707 Swift Dr Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)754-7806 4f. Email Address:* nthomson@sageecological.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) McKinley Place Subdivision 1c. Nearest municipality I town: Creedmoor 2. Project Identification 2a. Property Identification Number: 181400630347,181400623616, 181400613393,181400601939, 181400712326,181400703361,and 181400626430 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 154.7 2c. Project Address Street Address 3170 Bruce Garner Road Address Line 2 city Creedmoor Postal / Zip Code 27522 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Buckhorn 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 HUG in which the project is located. 030202010601 4. Project Description and History 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 located at 3170 Bruce Garner Road approximately 5.7 miles southeast of Creedmoor in southern Granville County, NC. The Site is within the southern piedmont region of North Carolina and in the Neuse River Basin. The Site is comprised of seven adjacent parcels. The majority of the Site is undeveloped and forested with a pine tree dominated canopy and interspersed hardwoods. Multiple unimproved dirt roads cross the Site. Evidence of past agriculture and timber management are present throughout the Site. An older homesite and associated outbuildings are present in the northern portion of the Site. The topography of the Site ranges from a high point of +/- 460 feet above mean sea level (msl) on the northern boundary of the Site along Bruce Garner Road to +/- 362 feet above msl on the southern boundary where Stream SI exits the Site. Surrounding land use is a mix of undisturbed forested areas and residential developments. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). USAGE AID SAW-2022-01220; DWR No. 20221680 4f. List the total estimated acreage of all existing wetlands on the property: 3.51 4g. List the total estimated linear feet of all existing streams on the property: 9,299 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential subdivision and associated infrastructure to meet the demand for housing in the Creedmoor area of Granville County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project is to construct a residential subdivision with necessary internal roads and stormwater devices. Multiple streams bisect the property in different locations. There are 3 separate stream crossings proposed to access the useable upland portions of the property. Streams are not crossed multiple times by roads. The remaining jurisdictional resources on the Site are avoided. Utilities for the proposed project will connect to existing utility lines adjacent to the Site. Heavy equipment typically used for residential construction (e.g. backhoes, bulldozers, etc.) will be utilized. On 11/28/2022 an application for the subdivision was submitted to the USAGE and DWR for unavoidable impacts to the streams, wetlands and riparian buffers on the Site. In February 2023 and March 2023, DWR and the USAGE (respectively) approved the project which included 0.004 acres of permanent riparian wetland impacts, 232 linear feet of permanent stream impacts, 73 linear feet of temporary stream impacts, and 17,471 square feet of Zone 1 riparian buffer impacts & 14,003 square feet of Zone 2 riparian buffer impacts. Post authorizations, NCDOT required changes to the design of the subdivision roads which has resulted an in overall increase in the stream and riparian buffer impacts at the proposed road crossings. This has necessitated the need for a revised permit application request as well as additional stream mitigation. 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: SAW-2022-01220 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Cory Darnell Agency/Consultant Company: Sage Ecological Services, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE Concurrence email dated 718/22; SAW-2022-01220 DWR Buffer Determination Letter dated 07/11/22; NBRRO #22-209 USACE Verification SAW-2022-01220 dated 5/23/23 DWR 401 Authorization and Buffer Certification No. 20221680 dated 02/02/23 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 O 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * (?) 29• Impact area * Impact #3 Road Crossing P Bottomland Hardwood Forest WJA Yes Both 0.004 acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.004 2g. Total Wetland Impact 0.004 2i. Comments: Of the 3.51 acres of wetland on the Site, all but 0.004 acres have been avoided. Wetland WJA is a linear feature adjacent to stream SF. Permanent wetland impacts are below compensatory mitigation thresholds. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* ��3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact �3�name* (?) Jurisdiction* length* 31 Impact #1 -Road Crossing Permanent Culvert SA Perennial Both 62 Averege (feet) (linear feet) g2 Impact #1 - Road Crossing Temporary Dewatering SA Perennial Both 25 Average (feet) (linear feet) S3 Impact #2 - Road Crossing Permanent Culvert SG Perennial Both 11 88 Average (feet) (linear feet) S4 Impact #2 - Road Crossing Temporary Dewatering SG Perennial Both 11 20 Averege (feet) (linear feet) S5 Impact #3 - Road Crssin P 9 Permanent Culvert SF Perennial Both 6 101 Average (feel) (linear feet) S6 Impact #3 - Road Crossing Temporary Dewatering SF Perennial Both 20 Averege (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 251 65 3i. Total stream and ditch impacts: 316 3j. Comments: Of the 9,299 linear feet of stream on the Site, there are only 3 road crossings with a total of 251 linear feet of permanent stream impact (due to required changes by NCDOT). The originally approved stream impacts totaled 232 linear feet (0.04 acres) and compensatory mitigation was required; this mitigation was satisfied by the Poplar Creek Site and the Bucher Site (administered by EBX-Neuse I, LLC; see attached certificates). The revised project has increased permanent stream impacts by 19 linear feet; EBX-Neuse I, LLC will be providing the additional stream credits to satisfy the updated compensatory mitigation needs (see attached SOA dated 12/12/23). 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b. Impact Type 11 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact #1 - Road Crossing P SA No 5,451 3,878 Impact #2 - Road Crossing P SG No 6,306 3,640 Impact #3 - Road Crossing P SF No 6,854 3,793 Impact #4 - Grading ("Deemed Allowable") P SA No 0 194 Impact #5 - Grading ("Deemed Allowable") P SA No 0 816 Impact #6 - Grading ("Deemed Allowable") P SG No 0 276 Impact #7 - Grading ("Deemed Allowable") P SG No 0 485 Impact #8 - Grading ("Deemed Allowable") P SG No 0 570 Impact #9 - Grading ("Deemed Allowable") P SG No 0 631 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 18,611.00 14,283.00 Zone 1 Zone 2 Total combined buffer impacts: 18,611.00 14,283.00 6i. Comments: Per the Neuse River Basin Buffer protection rules, 15A NCAC 02B .0714 (11) Table of Uses, perpendicular road crossings that impact less than 1/3 acre of riparian buffer are "allowable upon authorization." Additionally, grading activities and revegetation in Zone 2, provided Zone 1 is not compromised, is "deemed allowable" (i.e. "exempt") and doesn't require authorization. Riparian buffer impacts 4-8 are shown as a courtesy only. 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: Nine jurisdictional streams, one jurisdictional pond, and twelve forested riparian wetlands are located on the Site. The proposed roadway infrastructure results in 3 proposed roadway crossings over 3 different stream channels; these streams bisect the property and the road crossings are necessary to access usable upland portions of the Site. Streams are not crossed multiple times by roads. All other jurisdictional features on the Site have been avoided. Lots were positioned to avoid additional fill and/or impact to streams and wetlands. Stormwater outfalls were designed to minimize impacts to jurisdictional areas. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from stormwater runoff. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing and sediment basins will also be used to prevent sediment runoff into stream and wetland areas. 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 Q u 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: Poplar Creek 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 38 3c. Comments The project proposes to purchase stream mitigation credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank; specifically, 38 credits from the Poplar Creek site (see attached SOA dated 12/12/23) 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 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 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. Granville 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) t� 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. Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative impact" since the project already in a developed landscape (i.e. existing residences and development in the vicinity) and the area already contains the necessary infrastructure (i.e. sewer, water, electricity, etc.). The project drains to Buckhorn Creek, which is Water Supply -IV (WS-IV); Nutrient Sensitive Waters (NSW), (i.e. not HOW or ORW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis 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. Homes will be serviced by individual septic systems. 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 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? On November 9, 2021, we received correspondence from the NC Natural Heritage Program (NCNHP). Based upon their review, no federally listed T&E species are documented on the Site or within 1.0-mile of the Site, in addition to the previous 404 & 401 authorizations. 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 proposed project is in Granville County which is not near any coastal or tidal habitat which would support EFH (i.e., salt marshes, oyster reefs, etc.). 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? We reviewed the NC State Historic Preservation Office (NCSHPO) database. The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site. No historic properties are identified within one mile of the Site (see Figure 4). 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?* FEMA online database: panel 3720180400K, effective on12/06/2019 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 McKinley Place Supplemental Documentation. pdf File must be PDF or KMZ Comments Pre -construction Notification (PCN) Application Form Agent Authorization Forms Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 3 - Wetland Sketch Map Figure 4 — NCSHPO Map NCNHP Database Report USACE SAW-2022-01220 PJD concurrence email USACE SAW-2022-01220 404 Verification DWR Buffer Determination Letter, NBRRO #22-209 (dated 07/11/2022) DWR 401 and Neuse Riparian Buffer Authorizations, DWR Project No. 20221680 Poplar Creek Mitigation Certificate Bucher Mitigation Certificate Impact Maps EBX-Neuse I, LLC SOA Letter Signature By checking the box and signing below, I certify that: 38.14MB • 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: Nicole J Thomson Signature Date 12/21 /2023 8