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HomeMy WebLinkAbout20230663 Ver 2_ePCN Application_20240131DW 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# * 20230663 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: Brookshire Development la. Who is the Primary Contact?* John R. Davis Jr. 1b. Primary Contact Email:* soil horizons@gmail.com Date Submitted 1/31/2024 Nearest Body of Water Purgatory Branch Basin Cape Fear Water Classification C Site Coordinates Latitude: 35.521689 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 Longitude: -79.233012 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Zachary Thomas:zachary.thomas 1c. Primary Contact Phone:* (919)818-5087 $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 Please provide the date of the previous submission.' 5/5/2023 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: Nationwide Permit (NWP) Number: 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 29 - Residential Developments 12 - Utility Lines 1e. 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: 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) 1e. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Pinnacle Partners LLC 2b. Deed book and page no.: 1010/862 2c. Contact Person: Terry E. Slate, Manager 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 4201 Fayetteville Road Address Line 2 City Raleigh Postal / Zip Code 27603 2e. Telephone Number: (919)868-1298 2g. Email Address:* terry@dukelazzara.com 4. Agent/Consultant (if applicable) 4a. Name: John R. Davis, Jr. 4b. Business Name: Soil Horizons, LLC 4c.Address Street Address 285 Dreamcatcher Trail Address Line 2 city Youngsville Postal / Zip Code 27596 4d. Telephone Number: (919)818-5087 4f. Email Address:* soilhorizons@gmail.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Brookshire Subdivision Phase 1 1c. Nearest municipality / town: Sanford 2. Project Identification 2a. Property Identification Number: 9634-04-4681 2c. Project Address Street Address 0 Boone Trail Road Address Line 2 city Sanford Postal / Zip Code 27330 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Purgatory Branch 3b. Water Resources Classification of nearest receiving water: C 3c. What river basin(s) is your project located in? Cape Fear State / Province / Region NC Country USA 2f. Fax Number State / Province / Region NC Country USA 4e. Fax Number: (919)554-2363 2b. Property size: 168 State / Province / Region NC Country USA O 3d. Please provide the 12-digit HUC in which the project is located. 0303000306 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: The property is mostly forest that has been logged within the past 5 years. It is surrounded by individual parcels of residences and businesses. There is one subdivision to the south of this property. It has access on two roads. NC Hwy 421 and Valley Road. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2023-00975 DWR-2023-0663 4f. List the total estimated acreage of all existing wetlands on the property: 0.202 4g. List the total estimated linear feet of all existing streams on the property: 6050 4h. Explain the purpose of the proposed project: To construct a residential subdivision. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * This project will involve the grading of proposed residential lots and subdivision road construction and sewer construction. The installation of sewer pipes and other utilities will take place in areas needed. Site grading will require typical equipment such as grading and excavation machines, trucks, and drilling and boring equipment as needed. Sedimentation and erosion control measures will be taken to protect the streams onsite. Silt fences, rock dams and sedimentation pits will be constructed on site in the upland areas. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O Unknown Comments: Delineations were review in 2018. 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-2023-00975 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Andrew Williams Agency/Consultant Company: USACE Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR April, 2018. There was a preliminary determination for majority of tract and an approved JD for a small isolated pond near Hwy 421. NC DWR did not make a site visit. These streams do not have riparian buffers. 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. The subdivision will be built in phases. 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? Road impacts are under NWP 29 and utility line impacts under NWP 12. 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 2a1 Reason (?) 2b. Impact type (?) 2c. Type of W. 2d. W. name 2e. Forested" 2f. Type of Jurisdicition I 2g. Impact area Culvert Fill P Headwater Forest Wetland 1 No Both 0.098 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.098 2g. Total Permanent Wetland Impact 0.098 21. Comments: This small wetland is a depression that has weak overland flow connection to an intermittent stream on proposed lot 16. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact ?) Jurisdiction* length* S1 Road Crossing Permanent Culvert S2P Perennial Both 72 Averege (feet) (linear feet) g2 Road Crossing Temporary Rip Rap Fill S2T Perennial Both 3 34 Average (feet) (linear feet) S3 Sanitary Sewer Temporary Fill S3T Intermittent Both 2 21 Averege(feeq (iinearfeet) S4 Road Crossing Permanent Culvert S4P Intermittent Both 78 Averege (feet) (linear feet) SS Road Crossing Temporary Culvert S4P Intermittent Both 28 Average (feet) (linear feet) S6 Road Crossing Temporary Rip Rap Fill S4T Intermittent Both 3 21 Averege (feet) (linear feet) g7 Road Crossing Permanent Rip Rap Fill S4T Intermittent Both 19 Average (feet) (linear feet) S8 Pathway Temporary Culvert S51P Perennial Both 3 21 Average (feet) (linear feet) S9 Pathway Temporary Rip Rap Fill S5T Perennial Both 3 20 Averege (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 169 3i. Total stream and ditch impacts: 314 3j. Comments: Plans include the plan view and cross section views of proposed impacts. E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 145 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Strategic location of sewer line crossing with regard to pipe grade to minimize impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sedimentation and erosion control measures will be constructed, inspected and maintained during construction and will be located outside of jurisdictional areas. Sewer construction practices will be used to protect water quality and avoid impacts where feasible. Unimpacted jurisdicational features will be marked with fencing etc. to prevent accidental traffic or impacts. 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 to steam bed area are approximately O.xxxx acres. 0 u F. Stormwater Management and Diffuse Flow Plan (required by DWR) O 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: Project is located in the Cape Fear River Basin. Silt fences and level spreaders will be utilized to maintain sheet diffuse flow into water resources. 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 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 Sanford Comments: This plan maintains post -development flows for the 2 and 10 year storm events below predevelopment conditions per City of Sanford Zoning Conditions. 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 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. Municipal sewer service. 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 Unknown 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 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? US Fish and Wildlife Ecological Services. See attached report. 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? US Fish and Wildlife IPaC for project area. 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?" NC Historic Preservation Office Properties Map. 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 Floodplain Maps Miscellaneous U 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 Jurisdictional Impacts Addendum Cover.pdf 4.68MB Agent Authorization.pdf 475.79KB 20230663 Ver1_Approval Letter _20230804.pdf 787.35KB FEMA Map.pdf 133.09KB Species List_ Raleigh Ecological Services Field Office.pdf 660.27KB File must be PDF or KMZ Comments These impacts are adjustments to previous impacts and the addition of two more impacts due to sanitary sewer installations. These are temporary impacts for the installation of the sewer pipe. Total temporary impacts are 145 feet. 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: John R. Davis, Jr. Signature L Date 1/31/2024