Loading...
HomeMy WebLinkAbout202400447 Ver 1_ePCN Application_20231110i 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# * 202400447 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 Holley Snider:Holley.Snider Information for Initial Review 1a. Name of project: Timber Farms Commercial 1a. Who is the Primary Contact?* Kim Williams - Davey Resource Group, Inc. 1b. Primary Contact Email: * 1c. Primary Contact Phone:* kim.williams@davey.com (910)452-0001 Date Submitted 11 /10/2023 Nearest Body of Water Shallotte River Basin Lumber Water Classification C; Sw; HOW Site Coordinates Latitude: Longitude: 33.947302-78.505425 A. Processing Information O Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Brunswick 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: 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: 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: Hardee Timber Tract LLC 2b. Deed book and page no.: 2c. Contact Person: Mr. Benjy Hardee 2d.Address Street Address 55 Park Street Extension Address Line 2 City State / Province / Region Little River SC Postal / Zip Code Country 29566-7818 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (843)249-1264 2g. Email Address:" doug@aohardee-son.com 3. Applicant Information (if different from owner) 3a. Name: Mr. David Bloom 3b. Business Name: GFB Associates IV, LLC 3c.Address Street Address 537 Market Street; Suite 400 Address Line 2 City State / Province / Region Chattanooga TN Postal / Zip Code Country 37402 USA 3d. Telephone Number: 3e. Fax Number: (276)617-1290 3f. Email Address:" dwskb@att.net 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group, Inc. 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28403 USA 4d. Telephone Number: 4e. Fax Number: (910)452-0001 (910)452-0020 4f. Email Address:* kim.williams@davey.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Shallotte 2. Proiect Identification 2a. Property Identification Number: 2110006805 2b. Property size: 56.9 2c. Project Address Street Address Hwy17 Address Line 2 City Shallotte Postal / Zip Code 28420 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Shallotte River 3b. Water Resources Classification of nearest receiving water: C; Sw; HOW 3c. What river basin(s) is your project located in?" Lumber 3d. Please provide the 12-digit HUC in which the project is located. 030402060701 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: * Access to the property is provided by Highway 17 (Ocean Highway West) located to the south of the property and Highway 904 (Longwood Road) to the east. The site is predominantly agricultural fields. A golf cart sales and services retail business, service building and two residential houses are also located on the site. Adjacent land use is a mix of agricultural land, forested land, and some residential use. 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: N/A 4g. List the total estimated linear feet of all existing streams on the property: — 1,300 LF 4h. Explain the purpose of the proposed project:" The purpose of the project is to construct a commercial/retail development within the site to serve the retail needs of the community. Jurisdictional ditch and stream impacts are needed for site access and general site development. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project includes the construction of 193,433 sf anchor store, 177,000 sf of smaller retail/commercial buildings, 7 outparcels, associated parking, utilities, accessways, and stormwater facilities. On -site channels to be filled do not carry water from off -site, so there are no rerouting concerns. One access road will cross a stream, resulting in 90 LF of impact. A 60" culvert will be installed here to maintain hydrologic flow and it will be buried 12 per USACE and NCDWR requirements. Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. Site grading (including proposed ditch/stream fill) will occur as depicted on the site plan. Roadways and utilities will be installed. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 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-2020-01560; SAW-2002-00088 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Corey Novak and Craig Turner Agency/Consultant Company: Davey Resource Group Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The USACE issued the PJD for the western portion of the site (SAW-2002-00088) on 4/1/2020 and a delineation concurrence email for the eastern portion of the site (SAW-2020-01560) on 11/1/2021. Holley Snider with NCDWR confirmed the stream limits on 8/24/21. 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? No. Note that another developer obtained a NWP for residential development behind the property, which used to be a part of the same parcel as the subject tract. However, in coordination with the USACE, it was determined that this commercial project is independent of that development because it has separate access and utilities and would be constructed regardless of the residential development. 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 3. Stream Impacts a g1 3a. Reason for impact (?) Road Crossing 3b.lmpact type" Permanent 3c. Type of impact* Culvert 3d. S. name" ��3e. S1 Stream Type* (?) Perennial C Type of Jurisdiction* Both 3g. S. width Averege (feet) 3h. Impact length* 90 (linear feet) fl Site Development Permanent J Fill S1 Perennial Both 3 Averege (feet) 135 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 225 3i. Total stream and ditch impacts: 225 3j. Comments: 4. Open Water Impacts 3i. Total temporary stream impacts: 0 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area OW3 Site development P JD1 Fill Ditch 0.20 OW4 Site development P JD2 Fill _11 Ditch 0.03 OWS Site development P JD3 Fill _11 Ditch 0.11 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.34 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 4g. Total permanent open water impacts: 0.34 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Several ditches cross the project area and it was impossible to avoid them and still maintain an economically feasible commercial project. Stream impacts were minimized as much as possible. The width of the road crossing has been reduced as much as possible. Approximately 135 LF of the upper end of the stream will also need to be impacted so that parking can be situated between two buildings. The original plan proposed to impact 419 LF of stream, but the engineer redesigned the stormwater pond in this area to minimize impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The developer will obtain stormwater and sedimentation and erosion control permits prior to development. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State O 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: Stream impacts are under 0.02 acre and 300 LF, which is the typical mitigation threshold for the USACE & NCDWR. Additionally, a stream assessment was performed at the proposed stream impact area and it rated low. Other impacts are to jurisdictional ditches. 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: Site is located within the Lumber River Basin, which does not have State Riparian Buffer 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 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 State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: Engineer is currently preparing a stormwater plan for the project. 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. The applicant will obtain stormwater and sedimentation and erosion control permits prior to development to limit impacts to downstream waters. No additional impacts within the project area are anticipated. 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. Project will tie into the municipal wastewater treatment system. 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 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? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur on the site. The American alligator has been observed within a one mile radius of the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. The site is mostly fields and does not provide suitable habitat for the red -cockaded woodpecker. There are a couple of small areas that support trees. DRG completed the USFWS NLEB determination key for the project, which resulted in a MANLAA determination. No other impacts to federally protected species are anticipated. 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? NOAA EFH Mapper 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 mapping resource was used to determine the presence of known cultural or historic resources. Numerous surveyed structures are noted along Hwy 17 and Longwood Rd NW. DRG requested comments from SHPO in 2021 for the site. SHPO provided a response stating they had no comments. 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 Flood Map Service Website. 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 Timber Farms Attachments.pdf 8.06MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: O • 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: Kim Williams Signature Wa Date 11 /10/2023