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