HomeMy WebLinkAbout20230341 Ver 2_ePCN Application_20240129DW 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# *
20230341 2
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
1a. Name of project:
Tides End Phase II
la. Who is the Primary Contact?*
BobbyBillingsley
1b. Primary Contact Email:*
BobbyBillingsley@ThomasEngineeringPA.com
Date Submitted
1 /29/2024
Nearest Body of Water
Turkey Creek
Basin
White Oak
Water Classification
SA; ORW
Site Coordinates
Latitude:
34.508888
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:
-77.476944
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Michael Meilinger:Michael.Meilinger
1c. Primary Contact Phone:*
(252)671-2408
$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: 29 - Residential Developments
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
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:
Beaver Creek Investors, Inc.
2b. Deed book and page no.:
IDS 5300, PG 572
2c. Contact Person:
Betty Bullock
2d.Address
Street Address
405 Johnson Blvd.
Address Line 2
City
State / Province / Region
Jacksonville
North Carolina
Postal / Zip Code
Country
28540
United States
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(910)346-9800 (910)346-1210
2g. Email Address:'
BettyB@JLPNC.com
4. Agent/Consultant (if applicable)
4a. Name:
John G. Thomas, PE
4b. Business Name:
Thomas Engineering, PA
4c.Address
Street Address
1316-B Commerce Drive
Address Line 2
City
State / Province / Region
New Bern
North Carolina
Postal / Zip Code
Country
28562
United States
4d. Telephone Number: 4e. Fax Number:
(252)637-2727 (252)636-2448
4f. Email Address:*
JohnThomas@ThomasEngineeringPA.com
C. Project Information and Prior Project History O
1. Project Information
1b. Subdivision name:
(if appropriate)
Tides End Phase II
1c. Nearest municipality I town:
Holly Ridge, NC
2. Project Identification
2a. Property Identification Number:
425702979811
2c. Project Address
Street Address
126 Gus Horne Road
Address Line 2
city
Holly Ridge
Postal / Zip Code
28445
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Turkey Creek
3b. Water Resources Classification of nearest receiving water:
SA; ORW
3c. What river basin(s) is your project located in?*
White Oak
2b. Property size:
137.81
State / Province / Region
North Carolina
Country
United States
3d. Please provide the 12-digit HUC in which the project is located.
030203020301
4. Project Description and History
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:"
Tides End Phase II is a new single family residential construction project. It is an extension of the previous Tides End Phase I single family residential that is currently completed and built
out. This project will consist of two stream crossings and one additional wetland crossing.
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:
7.66
4g. List the total estimated linear feet of all existing streams on the property:
3880
4h. Explain the purpose of the proposed project:*
103 single family residential home sites are proposed on the property.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
This project as proposed included 103 single family lots. As proposed, the project will be constructed in two phases of land disturbance. The first phase will consist of one stream crossing
and one wetland crossing, and 34 of the lots. The second phase will consist of one stream crossing and access the remaining 69 lots. The equipment that can be expected to be Used to
construct the infrastructure of the project includes dozers, excavators, pans, motor graders, rollers, dump trucks, backhoes, and tractors, typical to build residential subdivision grading
operations.
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-2023-01165
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Haywood Pittman
Agency/Consultant Company: Pittman Soil Consulting
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Corps Preliminary JD digitally signed by Katharine Elks on 12.01.2023
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
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
2a1 Reason (?)
2b. Impact type* M
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
2g• Impact
area *
Site A
Fill/Pipe crossing
P
Unknown
Site A
Yes
Corps
0.018
(acres)
Site A
Rip rap protection
P
Unknown
Site A
Yes
Corps
0.003
(acres)
Site B
Fill/Pipe crossing
P
Unknown
Site B
Yes
Corps
0.111
(acres)
Site B
Rip rap protection
P
Unknown
Site B
Yes
Corps
0.018
(acres)
Site C
Fill/Pipe crossing
P
Unknown
Site C
Yes
Corps
0.044
(acres)
Site C
Rip rap protection
P
Unknown
Site C
Yes
Corps
0.012
acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.206
21. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.206
F
S1
3a. Reason for impact (?)
Access Phase
3b.lmpact type*
Permanent
3c. Type of impact*
Culvert
3d. S. name*
UT to Turkey Creek
3e. Stream Type*
?)
Perennial
3f. Type of
Jurisdiction*
Corps
3g. S. width
8
Average (feet)
3h. Impact
length*
94
(linear feet)
g2
Access PhII Sect II
Permanent
Culvert
UT to Turkey Creek
Perennial
Corps
Aveage (feet)
72
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3L Total permanent stream impacts: 31. Total temporary stream impacts:
166 0
3L Total stream and ditch impacts:
166
3j. Comments
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other White Oak 50' Vegetated Setbacks
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Site B - Fill/roadway/slopes
P
UT to Turkey Creek
No
8,342
0
Site A - Fill/roadway/slopes
P
UT to Turkey Creek
No
6,319
0
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1
Zone 2
Total Permanent impacts: 14,661.00
0.00
Zone 1
Zone 2
Total combined buffer impacts: 14,661.00
0.00
6i. Comments:
These are vegetated setback impacts, not riparian buffer impacts. My understanding is that these are permitted with the issuance of the State
Stormwater Permit, which has been obtained, with no mitigation requirement. Please advise if otherwise required.
E. Impact Justification and Mitigation
a
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Layout specifically designed to minimize the impacts of the stream and/or wetlands while meeting the NCDOT design requirements, adjacent
neighborhood tie ins, and accessibility to rear sections of the property. To access the large portion of the development tract, it is not feasible to avoid
impacts. The crossing location is at the narrowest location possible. The proposed roadside ditches shall terminate and diffuse flow prior to entering the
vegetated setbacks/wetlands. The only sections of setbacks/wetlands proposed are those needed to construct the NCDOT typical cross-section/slopes.
Headwalls have been designed, as required by NCDOT, to limit impacts to the streams, wetlands, and vegetated setbacks.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The sedimentation and erosion control plan design has been completed such that temporary sediment basins and temporary skimmer sediment basins,
as applicable, are installed directly up -slope of the roadside ditches that discharge up slope of the vegetated setbacks and wetland areas. Silt fence will
also be utilized to surround all disturbed area and straw wattles will be used where needed to slow velocities and reduce suspended solids prior to
entering those areas.
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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
To be determined after mitigation required by Corps has been determined and we are advised of
amount of mitigation necessary..
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
3c. Comments
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:
White Oak River Basin. These are 50"'vegetated setbacks" not Riparian Buffers.
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:
Low Density State Stormwater Permit No. SW8181016 MOD has been obtained for this project, which was a modification of the Phase I permit for the Tides End Subdivision. The
proposed BUA is less than 12 % as required by state regulations draining to SA waters.
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
O
a
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Wastewater to be by individual septic systems permitted under the Engineered Option Permit ("EDP") through the Onslow County Environmental Health
Department.
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?
Previous project engineer contacted FWS.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
Yes No Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
Previous project engineer contacted:
Fritz Rohde of NOAA
252.838.0828
Fritz. Rhode@NOAA.gov
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?
HTTP://GIS. NCDCR.GOV. H POW EB/
SITE ID: ON0227, House. This house does not exist on this site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8b. If yes, explain how project meets FEMA requirements:
Buildable areas of lots will either be upland of the flood plains, elevation certificates obtained when building, or Letter of Map Amendments (LOMAs)
obtained, prior to building houses.
Sc. What source(s) did you use to make the floodplain determination?"
FEMA Nations Flood Hazard Interactive Viewer and effective DFIRM maps.
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
TidesEnd_NWP29_CrossingSitePlans_9-05-23.pdf 9.09MB
File must be PDF or KMZ
Comments
Note that this project formerly contained areas owned by Beaver Creek Investors, Inc. that fell within 575' of the ORW line, and therefore required a CAMA major permit. This is no longer
the case. The property owned by Beaver Creek Investors, Inc. has not property within 575' of the ORW line.
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:
Bobby Billingsley
Signature
Date
1/29/2024
O