HomeMy WebLinkAbout20240113 Ver 1_ePCN Application_20240116DWR
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# *
20240113
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*
Fayetteville Regional Office - (910) 433-3300
Chad Turlington:chad.turlington
Information for Initial Review
la. Name of project:
Cambridge Reserve Subdivision
1a. Who is the Primary Contact? *
Rhiannon Graham
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
rhiannon.graham@terracon.com (919)457-1110
Date Submitted
1 /16/2024
Nearest Body of Water
East Buies Creek
Basin
Cape Fear
Water Classification
WS-Iv
Site Coordinates
Latitude: Longitude:
35.44176-78.71773
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
Is this project a public transportation project?*
Yes No
O
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:
John B Britt Jr & Rhonda R Britt
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
John B Britt Jr & Rhonda R Britt
2d. Address
Street Address
183 Braxtonwood Drive
Address Line 2
City
State / Province / Region
Angier
NC
Postal/Zip Code
Country
27501
USA
Yes No
Yes No
2e. Telephone Number:
(910)890-3621
2g. Email Address:*
BrittfamilylV@embarqmail.com
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)
1c. Nearest municipality / town:
Angier
2. Project Identification
2a. Property Identification Number:
0681-46-2299,068145-1701,0681-45-1183
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
95.96
Q
2c. Project Address
Street Address
Oak Grove Church Road
Address Line 2
City
Angier
Postal / Zip Code
27501
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
East Buies Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV
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.
03030004
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 fields, forested wetlands, and forested uplands. The site is located next to agricultural fields, forested areas, and residential homes.
Terracon delineated the wetlands and waters on site in May 2023.
There are three (3) potential wetlands, three (3) potential tributaries, and two (2) potential surface water ponds. All of the features on site drain south into East Buies Creek.
The former name for this site was "Britt Property" which can be 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:
11.75
4g. List the total estimated linear feet of all existing streams on the property:
2,185
4h. Explain the purpose of the proposed project: *
The Cambridge Reserve Subdivision is a 92 lot single family residential subdivision located along Oak Grove Church 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 two 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.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
92 lots are proposed, with an access road coming from Oak Grove Church 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 and wetland impacts on site will result from road crossings.
The proposed timeline for construction is May 2024 with an estimated completion 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 O Unknown
Comments:
still waiting for JD 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-2023-02397
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Rhiannon Graham
Agency/Consultant Company: Terracon Consultants
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD was submitted on 11/28/23, still awaiting review. A copy is included with this submittal
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
I1
0
impact 1
2a1 Reason (?)
road crossing
2b. Impact type * (?)
P
2c. Type of W. *
fferine Swamp Forest
2d. W. name
W2
2e. Forested *
Yes
2f. Type of Jurisdicition *
(?)
Both
�29- Impact
area
0.114
(acres)
impact 2
road crossing
P
Riverine Swamp Forest
W2
Yes
Both 2�Ll_
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.243
2g. Total Permanent Wetland Impact
0.243
21. Comments:
permanent wetland disturbance is 0.243 ac for grading and roads. This 0.24 ac of impact will be mitigated by the applicant.
3. Stream Impacts
F
9
3a. Reason for impact (?)
Impact 2
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
Average (feet)
3h. Impact
length*
73
(linear feet)
fl
impact 2
Permanent
_]
Rip Rap Fill
T1
Perennial
Both
Aveage (feet)
�
54
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
127
3i. Total stream and ditch impacts:
127
31. Total temporary stream impacts:
0
3j. Comments:
Total stream impact is 510 sf (0.01 ac ). However, 381 sf is from embedded rip -rap, which is not considered a loss of stream bed. Therefore, the total
stream loss is 129 sf ( 0.003 ac). This amount of loss does not exceed the stream mitigation threshold.
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:
Impacts to the stream and wetlands are for two proposed road crossings. 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 wetlands and streams on the site are rather extensive and
the applicant has made great effort to design the project to avoid all impacts other than what is necessary to reach usable upland areas along the north
boundary and in the northeast corner.
0
V
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. Side slopes at the crossings have also been steepened to minimize impact tot he wetlands.
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:
(acres)
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.24
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
The SOA from NCDMS that reserves credit for up to 0.24 acre of riparian impact is included with this submittal
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. 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 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
la. 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 ebdcr45639f0860257d5f5ed7
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.com
Miscellaneous
O
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
permit attachments_Optimized.pdf 22.2MB
File must be PDF or KMZ
Comments
Signature
0
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
1/16/2024