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HomeMy WebLinkAbout20240191 Ver 1_ePCN Application_20240129DWR 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# * 20240191 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* Winston-Salem Regional Office - (336) 776- Select Project Reviewer* 9800 Seren Homer:Seren.Homer Information for Initial Review la. Name of project: Samet Burnt Poplar Road la. Who is the Primary Contact?* Troy Shelton 1b. Primary Contact Email: * tsheiton@dewberry.com Date Submitted 1/29/2024 Nearest Body of Water Long Branch Basin Cape Fear Water Classification WS-IV Site Coordinates Latitude: 36.07331 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Guilford Is this a NCDMS Project Yes No Longitude: -79.917759 1c. Primary Contact Phone:* (434)549-8525 a 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: 39 - Commercial/Institutional 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 401 Water Quality Certification - Express Riparian Buffer Authorization 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: 101 Chimney Rock LLC 2b. Deed book and page no.: R 8754 3069-3072 2c. Contact Person: Brian Hall 2d. Address Street Address 5942 Tarleton Dr. Address Line 2 City Oak Ridge Postal / Zip Code 27310 2e. Telephone Number: (336)544-2643 2g. Email Address:* bhall@sametcorp.com 3. Applicant Information (if different from owner) 3a. Name: Troy Shelton 3b. Business Name: Dewberry Engineers Inc. 3c.Address Street Address 551 Piney Forest Road Address Line 2 city Danville Postal / Zip Code 24540 3d. Telephone Number: (434)549-8525 3f. Email Address:* tsheiton@dewberry.com 4. Agent/Consultant (if applicable) 4a. Name: Troy Shelton 4b. Business Name: Dewberry Engineers Inc 4c.Address Street Address 551 Piney Forest Rd Address Line 2 city Danville Postal / Zip Code 24540 4d. Telephone Number: (434)549-8525 4f. Email Address:* tsheiton@dewberry.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Guilford 2. Project Identification State / Province / Region North Carolina Country United States 2f. Fax Number: State / Province / Region Virginia Country United States 3e. Fax Number: (434)797-4341 State / Province / Region Virginia Country United States 4e. Fax Number: (434)797-4341 2a. Property Identification Number: 99333 2c. Project Address Street Address Address Line 2 city Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Long Branch 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. 0303000301 4. Project Description and History 2b. Property size: 5.25 State / Province / Region Country 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 project Area is currently wooded. Two wetlands WA (PFO) and WB (PSS) are located on the southern end of the project. Two streams SA (R3) and SB (R4) are also located on the southern most part of the project area. Land use in the vicinity is heavy industrial, commercial, and residential. 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: 0.07 4g. List the total estimated linear feet of all existing streams on the property: 308 4h. Explain the purpose of the proposed project: * Grade, fence, and landscape for an outside storage area. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The site will include a concrete drive apron, gravel driveway, gravel yard, perimeter fencing, and a storm -water control device. Equipment used during construction will include a bulldozer, backhoe dumb truck and other related equipment. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No G 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-2023-02252 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Dewberry Engineers Inc Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 1/16/2024 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 O 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 3. Stream Impacts F I 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name* ��3e. Stream Type* 31`. Type of 3g. S. width 3h. Impact ?) Jurisdiction* length* S1 �SA Permanent Fill Long Branch ffto Perennial Corps 65 Averege (feet) (linear feet) S2 SB Permanent Fill ]U�to Long Branch Intermittent Corps Averege (feet) (linear feet) S3 SA Temporary Other UT1 to long branch Perennial Corps 5 30 Averege (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 71 31. Total stream and ditch impacts: 101 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 30 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: To access the site a stream crossing is required. The road width and culvert size were chosen to minimize the overall impact on the stream. The entrance to the site is along an existing road. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All work in the stream bed and all areas adjacent to the stream are to be stabilized immediately upon the completion of the work. A temporary pump and hose are to be positioned and extended to the existing culvert for the discharge of stream water around the installation area. After culvert/pipe, wall and rip rap installation is complete and stabilized, flow will be diverted through the culvert. Erosion control measures will be provided to control stormwater and sediment release. Including- Silt Fence, silt fence outlets, rock inlet protection, temporary construction entrance, and limits of disturbance. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Impacts are below Compensatory Mitigation requirement. 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 0 V 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Greensboro Comments: Three phase plan for erosion and sediment control. The first two phases will include the construction of a skimmer basin and temporary diversion ditches to handle off site drainage from entering the proposed BMP. The last phase will convert the skimmer basin into a dry detention basin to detain stormwater for an extended period of time. Positive grading will be established to help drainage throughout the site. For post -construction runoff, the dry detention basin will treat the quantity of water and there are two proprietary devices, (filtera and stormfilter) that will be used to treat the quality of water. These devices in combination will ensure that quantity and quality requirements set by the City of Greensboro are met. The Filtera device is being installed at the riperian buffer to treat the flow from the driveway improvements that are within this buffer. 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. Not a phased project area surrounding the project are already developed. 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 What Federal Agency is involved? USACE 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 Unknown O 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 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? U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), NCDCR Natural Heritage Data Explorer 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? National Oceanic and Atmospheric Administration (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? North Carolina State Historic Preservation Office (NCSHPO) 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?* Federal Emergency Management Act (FEMA) Flood Map Service Center Data 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 PCN Report for DEQ.pdf 17.71MB Samet PJD.pdf 1.69MB 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: Dylan Thomas Irby Signature Date 1/29/2024 u