Loading...
HomeMy WebLinkAbout20240172 Ver 1_ePCN Application_20240124DW 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# * 20240172 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* Raleigh Regional Office - (919) 791-4200 Joseph Myers:joseph.myers Information for Initial Review 1a. Name of project: Lemon Springs Estate la. Who is the Primary Contact?* Marsh & Partners 1b. Primary Contact Email:* 1c. Primary Contact Phone:* mmarsh@marsh-partners.com (978)223-3284 Date Submitted 1 /24/2024 Nearest Body of Water Gasters Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: Longitude: 35.444906-79.161634 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Lee 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 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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 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: Megan and Allyson LLC 2b. Deed book and page no.: 1211, pg 340 2c. Contact Person: David Von Canon 2d.Address Street Address 271 Reynwood Vista Lane Address Line 2 City State / Province / Region Sanford North Carolina Postal / Zip Code Country 27330 United States 2e. Telephone Number: (919)775-8320 2g. Email Address:' dvoncanon@windstream.net 3. Applicant Information (if different from owner) 3a. Name: Matt Marsh 3b. Business Name: Marsh & Partners 3c.Address Street Address 4080 Barrett Drive Address Line 2 City Raleigh Postal / Zip Code 27609 3d. Telephone Number: (978)223-3284 3f. Email Address: mmarsh@marsh-partners.com 4. Agent/Consultant (if applicable) 4a. Name: Michelle Savage-Measday 4b. Business Name: ECS Limited 4c.Address Street Address 5260 Greens Dairy Rd Address Line 2 City Raleigh Postal / Zip Code 27616 4d. Telephone Number: (910)906-3454 4f. Email Address: mmeasday@ecslimited.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Sanford 2. Project Identification 2f. Fax Number: State / Province / Region North Carolina Country United States 3e. Fax Number: State / Province / Region North Carolina Country United States 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 965116786900 and 965125496400 17.94 2c. Project Address Street Address Lemon Springs Road and Glendale Circle Address Line 2 city Sanford Postal / Zip Code 27332 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Gasters 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. 030300040201 4. Project Description and History State / Province / Region North Carolina Country United States 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 site currently consists of regrowth areas and undeveloped woodlands. The site is located along Lemon Springs Rd and surrounded by residential development, as well as commercial development. 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: 3.75 4g. List the total estimated linear feet of all existing streams on the property: 2,399 4h. Explain the purpose of the proposed project: The purpose is to construct a single-family residential subdivision with 28 lots connected by two public roads and served by City of Sanford water and sewer. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Construction equipment such as excavators, loaders, dump trucks, and graders will be utilized. The City of Sanford requested two access points to allow for resident ingress/egress, efficient emergency access, circulation of delivery vehicles, and waste disposal trucks. One access is along Glenwood Road and the other along Lemon Springs Road. The road will have 3:1 fill slope to minimize fill impact utilizing 95 LF - 42" RCP culvert with a 20 LF riprap dissipater. This will allow maintenance to enter along the roadway entrance for mowing, needed access to the culvert for maintenance and cleaning. The crossing was designed perpendicular to the wetlands/stream. Water and utility lines will be concurrently installed in the road right- of-way. Wetlands impacts 2, 3 & 4 are the result of grading associated with building lots 24, 25 & 28 and Pond Impact P1 are the result of grading associated with building lots 20, 21 & 22. The fill impacts are necessary for level grading of the residential lots to direct stormwater away from the structures and avoid the use of retaining walls, which are a potential safety hazard for residences. In addition, the City of Sanford requested a greenway trail behind lots 19-24 within the subdivision. The grading was adjusted to the maximum extent practicable to minimize impacts to wetland resources, while balancing safety within the residential building lots. 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-2023-00079 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Michelle Savage-Measday Agency/Consultant Company: ECS Limited Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Concurrence from USACE was given in an email on February 6, 2023. The NCDWR made a stream buffer and determination on February 14, 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? 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 O Reason M 2b. Impact type*(') 2c. Type of W. * 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * (?) r Impact area" Wetland Impact Fill P Riverine Swamp Forest Wetland 4 Yes Corps 0.025 1 (acres) Wetland Impact Fill P Riverine Swamp Forest Wetland 1 Yes Corps 0.053 2 acres) Wetland Impact Fill P Riverine Swamp Forest Wetland 1 Yes Corps 0.042 3 (acres) Wetland Impact Fill P Riverine Swamp Forest Wetland 1 Yes Corps 0.025 4 (acres) Wetland Impact Fill P Riverine Swamp Forest Wetland 2 Corps 0.030 5 �e� (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.175 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.175 F I 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Create roadway above stream Permanent Culvert Stream 1 Perennial DWR Average (feet) 40 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 40 3i. Total stream and ditch impacts: 40 3j. Comments 4. Open Water Impacts 3i. Total temporary stream impacts: 0 4a. Site # 4af. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type �114e. Waterbody type 4f. Impact area P1 Fill P Pond 1 Fill :11Pond 0.03 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.00 0.03 4g. Total open water impacts: 0.03 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The grading was adjusted as much as possible to minimize the fill. The road will have 3:1 fill and there will be a 95 LF - 42" RCP culvert with a 20 LF riprap dissipater. Regrading within the residential lots are required to create a level building footprint to both the building footprint and positive drainage away from the structure. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment controls will be in place using 20 LF rip rap dissipater. 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 option(s) 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) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 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 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: 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) L 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. No other phases are proposed for this site. It is a complete and stand alone 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? IPaC and consultation with the USFWS and NCNHP. Informal consultation has been initiated with USFWS but a response has not been received. The informal consultation request letter was submitted and is attached; the concurrence letter will be submitted at a later date upon receipt. 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 essential fish habitat 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? NCHPO database and consultation with the SHPO. A Request for Environmental Review was submitted to NC SHPO and the concurrence letter will be submitted at a later date upon receipt. 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 FIRM Floodplain Mapper. FIRM Panel: 3720109800K, dated 9/06/2006 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 49-18191-B - Lemon Springs Estates - Residential Developme.pdf 88.86MB WETLAND-202313-LSE-1-15-2024.pdf 5.05MB 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: Michelle Savage-Measday Signature �%Y..,rba..S,.ngr-�!Y ✓.moo Date 1/24/2024