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HomeMy WebLinkAbout20240102 Ver 1_ePCN Application_20240115DWR 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# * 20240102 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Fayetteville Regional Office - (910) 433-3300 Information for Initial Review la. Name of project: Elyse Meadows Subdivision 1a. Who is the Primary Contact? * Rhiannon Graham 1b. Primary Contact Email: * rhiannon.graham@terracon.com Date Submitted 1 /15/2024 Nearest Body of Water Duncans Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: 35.39167 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Harnett Is this a NCDMS Project Yes No Longitude: -78.86407 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Chad Turlington:chad.turlington 1c. Primary Contact Phone:* (919)457-1110 $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 29 - Residential 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 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: Gene Truelove 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: Gene Truelove 2d. Address Street Address P.O. Box 1475 Address Line 2 City State / Province / Region Fuquay-Varina NC Postal/Zip Code Country 27546 USA Yes No Yes No 2e. Telephone Number: (919)795-3053 2g. Email Address:* trueloveg@earthlink.net 3. Applicant Information (if different from owner) 3a. Name: Andrew Ross 3b. Business Name: Triangle Land Partners 3c.Address Street Address PO Box 5548 Address Line 2 City Cary Postal / Zip Code 27512 3d. Telephone Number: (919)703-6203 3f. Email Address: andrew.ross@floyddevelopment.com 4. Agent/Consultant (if applicable) 4a. Name: Rhiannon Graham 4b. Business Name: Terracon Consultants 4c.Address Street Address 2401 Brentwood Road Address Line 2 Suite 107 city Raleigh Postal / Zip Code 27604 4d. Telephone Number: (919)457-1110 4f. Email Address:* rhiannon.graham@terracon.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Elyse Meadows Subdivision 1c. Nearest municipality / town: Lillington 2. Project Identification 2a. Property Identification Number: 0539-98-0036.000 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 121.44 Q 2c. Project Address Street Address 11 Spence Way Lane Address Line 2 city Lillington Postal / Zip Code 27546 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Duncans Creek 3b. Water Resources Classification of nearest receiving water: C 3c. What river basin(s) is your project located in?" Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 0303000402 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 existing site conditions consist of agricultural field and forested land. The site is located next to agricultural fields, forested areas, and residential homes. Terracon delineated the wetlands and waters in May 2023. The PJD was submitted on 11 /2/23 and is still waiting for review. There were three (3) potential tributaries, eleven (11) potential wetlands, and one (1) potential ditch delineated on the site. All of the features on site drain south west to Duncans Creek. Our initial due diligence study is included as an attachment. The former name for this site was "Truelove Property" which can bee seen on the attached documents. 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: 10.81 4g. List the total estimated linear feet of all existing streams on the property: 3,716 4h. Explain the purpose of the proposed project: Elyse Meadows Subdivision is a 105 lot single family residential subdivision located along McDougald Road near Lillington, NC. The development will be served by public streets. The streets will be ribbon pavement with road side ditches. There are wetlands and streams present on site. There are 3 wetland impacts and one stream crossing for the development. Efforts were made in the planning to minimize environmental impacts on the property. The one stream crossing was required to access a portion of the property that would otherwise not be usable. Limited site distance along McDougald Road restricted the property to the one access point as shown on the site plans. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:' 105 lots are proposed, with an access road coming from McDougald road. The lots will be served by private septic systems and water wells. Typical grading and construction equipment will be used during construction. Equipment will be stored in upland areas. The stream impact on site will result from a road crossing. The wetlands impacts on site result from grading to construct road crossings. The proposed timeline for construction is May 2024 and to be completed within 9-12 months after the start. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No G Unknown Comments: JD was submitted on 11/2/23, waiting to be reviewed/issued 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-2023-02244 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Rhiannon Graham Agency/Consultant Company: Terracon Consultants Other: 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 O Buffers Open Waters Pond Construction 2. Wetland Impacts U 2al Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name 2e. Forested* 2f. Type of Jurisdicition" 29• Impact (?) area mpact 1 grading for road t Headwater Forest W4 Yes Both 0.039 crossing (acres) Impact 2 grading and culvert P Headwater Forest W3 No Both 0.000 (acres) impact 3 grading and road P ffine Swamp Forest W10A Yes _] Both 0.181 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.220 2i. Comments: Impact 2 is only 9 sf 2g. Total Permanent Wetland Impact 0.220 Permanent wetland disturbance is 0.220 for grading and roads. This 0.22 ac of impact will be mitigated by the applicant. 3. Stream Impacts F1 g1 3a. Reason for impact (�) road crossing 3b.lmpact type* Permanent 3c. Type of impact* Culvert 3d. S. name* T1 3e. Stream Type* (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width 12 Aveage (feet) 3h. Impact length* 79 (linear feet) S2 road crossing Permanent Rip Rap Fill T1 Perennial Both 12 Average (feet) 62 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 141 0 3i. Total stream and ditch impacts: 141 3j. Comments: Total stream impact is 1,085 sf (0.024 ac). However, 426 sf is from embedded rip rap, which is not considered a loss of stream bed. Therefore, the total stream loss is 659 sf (0.015 ac). This amount of loss does not exceed the stream mitigation threshold. E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to the stream are for one proposed road crossing. The site has been designed to reduce impacts as much as practicable. The stream will be crossed in a close to perpendicular manner based on the site conditions. The impacts to the wetlands are for two proposed road crossings. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The selected contractor would implement best management practices (BMPs), including, but not limited too, the use of straw bale barriers, silt fences, and/or sediment traps to control storm water runoff. All stream work would occur in the dry. The "permanent -no loss" category refers to embedded riprap in the streambed. 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 options) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 0 4d. Buffer mitigation requested (DWR only): (square feet) 0 4f. Non -riparian wetland mitigation requested 0 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.22 4g. Coastal (tidal) wetland mitigation requested: (acres) 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: The project study area is within the cape fear river 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 Comments: This is a low density project and is being permitted by NCDEQ DWQ as such. The project meets the qualifications for a low density development. 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. this is a single and complete project. 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. 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? Terracon conducted site due diligence for the applicant and has completed a USFWS self -certification package (attached). An NCNHP report has also been obtained and is included with this submittal. 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?'� https://www.habitat.noaa.gov/apps/efhmapper/ 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? https://nc.maps.arcgis.com/apps/webappviewer/index.html?id=79ea671 ebdcc45639f0860257d5f5ed7 There is a house across the street (HT0871) that is listed, but it is listed as NR ineligible. 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?" https://msc.fema.gov/portal/search?AddressQuery=mcdougald % 20road % 2C / 201illington % 20nc 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 elyse meadows permit attachments.pdf 32.1 MB 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: Rhiannon Graham Signature Date 1/15/2024 9 u