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