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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