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HomeMy WebLinkAbout20240096 Ver 1_ePCN Application_20240110DW 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# * 20240096 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Wilmington Regional Office - (910) 796-7215 Information for Initial Review la. Name of project: Guy C Lee Sneads Ferry la. Who is the Primary Contact?* Alyssa Ricci - WithersRavenel - Authorized Agent 1b. Primary Contact Email:* aricci@withersravenel.com Date Submitted 1 /10/2024 Nearest Body of Water Mill Creek Basin White Oak Water Classification 19-39-3-1 Site Coordinates Latitude: 34.551448 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Onslow Is this a NCDMS Project Yes No Longitude: -77.435892 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Michael Meilinger:Michael.Meilinger 1c. Primary Contact Phone:* (919)215-8619 $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): N/A 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: Vesta Enterprises Inc 2b. Deed book and page no.: 4553/628 2c. Contact Person: Sagan Lampe, President 2d.Address Street Address PO Box 1457 Address Line 2 City State / Province / Region Smithfield NC Postal / Zip Code Country 27577 USA Yes No Yes No 2e. Telephone Number: (919)631-9524 2g. Email Address:* Sagan@vestaenterprises.com 3. Applicant Information (if different from owner) 3a. Name: Dawn Glover, CFO 3b. Business Name: Guy C Lee Building Materials 3c.Address Street Address Po Box 1457 Address Line 2 city Smithfield Postal / Zip Code 27577 3d. Telephone Number: (919)634-2439 3f. Email Address:* gencomconstruction@gmall.com 4. Agent/Consultant (if applicable) 4a. Name: Alyssa Ricci 4b. Business Name: WithersRavenel 4c.Address Street Address 219 Station Road Address Line 2 Suite 101 city Wilmington Postal / Zip Code 28405 4d. Telephone Number: (919)215-8619 4f. Email Address:* aricci@withersravenel.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Sneads Ferry, Onslow County 2. Project Identification 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 038282 8.86 acres O 2c. Project Address Street Address 935 Hwy 210 Address Line 2 city Sneads Ferry Postal / Zip Code 28460 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Mill Creek 3b. Water Resources Classification of nearest receiving water: 19-39-3-1 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12-digit HUC in which the project is located. 8-digit HUC — 03030001 (according to NCDMS the 12-digit HUC listed for the site is incorrect) 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 majority of the site has been historically developed as the Guy C Lee Building Materials campus which consists of existing buildings and gravel material storage. The general land use in the vicinity consists of commercial development. 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). USACE PJD Letter (AID: SAW-2023-01919) 4f. List the total estimated acreage of all existing wetlands on the property: 1.53 acres 4g. List the total estimated linear feet of all existing streams on the property: N/A 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to expand the existing construction material storage area to increase the available supply of construction materials to meet the existing and growing demand for building materials in Onslow County. The proposed expansion will provide an additional 9,990 sf of construction materials storage. There are four primary reasons driving the need for this expansion project: • Safety — The need for expansion is imminent due to overcrowding in the existing storage area. The storage piles are large and create a hazardous environment for the workers. In the existing storage yard visibility is limited and there are blind turns which increases the potential for an accident. A larger storage yard would create a safer work environment by improving stockpile organization. • Sales — Due to the increase in the need for building materials and to meet higher demands, material handling and storage needs have increased. Improved storage for building materials will allow more materials to be stored and can provide more stock for customers. Instead of having a series of small material shipments delivered, a larger storage yard can provide room for larger shipments, which can decrease the number of incoming shipments. This decreases the business' carbon footprint and increases the amount of building materials that are in high demand. • Efficiency —The existing storage yard is undersized and dangerous. Upgrading the storage yard will allow better organization and increased storage to hold more building materials. Better organization will ease traffic and cause transportation of materials to operate much more efficiently. Improved storage will allow the business to operate more efficiently. • Cost— Larger storage areas will increase the amount of building materials available for customers. If more materials are stored onsite, it will increase business efficiency and customers will not have to wait for building materials that are out of stock. A larger storage yard will increase inventory to better keep up with the increase in demand for building materials. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project consists of construction of an additional 9,990 It of construction material storage. The area will be filled and graded and use backslopes to transition slope to natural grade. Gravel will be installed to provide a stable surface for material storage. Traditional commercial 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: WithersRavenel completed a delineation of the project area on June 20, 2023. 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-2023-01919 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Troy Beasley Agency/Consultant Company: WithersRavenel Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE PJD Letter dated 12/22/2023. 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 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 2a1 Reason '�i 2b. Impact type*(?) 2c. Type of W. * 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 29. Impact area * W1 Fill P Headwater Forest Wetland A Yes Both 0.220 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.220 2i. Comments: Fill impacts for construction of 9,990 sf of additional material storage. E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.220 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts for construction of the gravel storage area have been minimized to provide sufficient storage capacity necessary to supply the additional building materials that have increased in demand. There are no impacts for stormwater control or utilities. The proposed storage area has been designed to impact the outer edge of Wetland A. It should be noted that the portion of Wetland A proposed to be impacted has been historically disturbed. There is currently existing rubble and other debris mixed into the soil profile and the vegetation consists primarily of exotic/invasive species including Chinese privet (Ligustrum sinense) and Japanese wisteria (Wisteria floribunda). Impacts to Wetland A have been minimized to the greatest extent possible while maintaining a feasible site design. Impacts to Wetland A are unavoidable due to the geographic position of Wetland A in the western portion of the review area. Guy C. Lee Building Materials have used all the uplands within the parcel for their existing storage yard and operations. Prior to this, they have avoided any impacts to wetlands or streams in their current limits of operation. To keep up with the high demand of building materials, the need for increasing their storage yard is imminent. Since there are no uplands to expand to, this design proposes impacting 0.22 acres of Wetland A to provide the needed additional 9,990 sf of gravel storage area. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction. Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into undisturbed wetlands, and access during construction will be within uplands. 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 Q u 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: WLS Turtle Creek Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.44 3c. Comments The applicant proposes to mitigate for the 0.22 acres of permanent wetland impacts at a 2:1 mitigation ratio, resulting in the provision of 0.44 acres of wetland mitigation. WithersRavenel contacted mitigation banks that service the White Oak River 03030001 basin to determine availability of wetland mitigation credits. There are mitigation credits available at WLS Turtle Creek Mitigation Bank. As the official bank sponsor, Water & Land Solutions, LLC has issued a statement of availability letter for the 0.44 acres of wetland mitigation which has been provided as an attachment. 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: This project located in the White Oak River Basin which is not a state buffered basin. 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 Comments: Section 5.3.3 of the NCDEQ stormwater requirements states for additional projects within the 20 Coastal Counties and NOT Within % Mile of Shellfishing Waters that "non-residential properties are required to treat stormwater if the built -upon area is increased by 10,000 square feet." The additional impervious area proposed for material storage at this site does not exceed 10,000 square feet of gravel, and therefore qualifies to be exempt from treating the stormwater any more than is currently present. 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 proposed project consists of expansion of construction material areas and will not be a catalyst for future development that could impact downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?" Yes No N/A L 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 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? WR reviewed the USFWS IPAC data, located at: https://ecos.fws.gov/ipac/, to identify the federally listed species and critical habitat known to occur within the vicinity of the project. The IPaC specified that there are no critical habitats within the project area. The IPaC species list has been provided as an attachment to this application. WR reviewed the NC Natural Heritage Program (NCNHP) database, located at https:Hncnhde.natureserve.org/, as well as NCNHP GIS data to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NCNHP data did not identify any recent occurrences of federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter. Site reviews did not identify any occurrences of, or potential habitat for any federally protected species as specified by the IPaC species list. Therefore, the proposed project will adversely affect federally protected species. 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? * WR reviewed the NOAA Essential Fish Habitat online mapper, located at: https://www.habitat.noaa.gov/apps/efhmapper/. The EFH mapper identifies EFH habitat within Mill Creek, located approximately 2,400 If southwest of the proposed project. However, the project will not result in adverse impacts to Essential Fish Habitat within Mill Creek. Sediment and erosion control measures will be utilized to prevent sedimentation of downstream waters. 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? * WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the vicinity of the proposed project. 8. Flood Zone Designation (Corps Requirement) Be. 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? www.ncfloodmaps.com 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 Cover Letter & Attachments_Final_2024-01-10.pdf 26.33MB File must be PDF or KMZ Comments Signature p 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: Alyssa Ricci Signature Date 1/10/2024