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