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HomeMy WebLinkAbout20231614 Ver 1_Addinfo Received_20240205wA r o Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: 170 Carters Ridge Rd 2b. County: Davie 2c. Nearest municipality / town: Advance 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Nakeeta Sharpe 3b. Deed Book and Page No. 00007/0065 3c. Responsible Party (for LLC if applicable): NA 3d. Street address: 609 Carolina Avenue Northt 3e. City, state, zip: Statesville, NC 28677 3f. Telephone no.: 704-775-2510 3g. Fax no.: 3h. Email address: nakeeta.sharpe@yahoo.com Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Bradley Luckey 5b. Business name (if applicable): Pilot Environmental, Inc. 5c. Street address: PO Box 128 5d. City, state, zip: Kernersville, NC 27285 5e. Telephone no.: 336.708.4997 5f. Fax no.: 5g. Email address: bluckey@pilotenviro.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 5776494740 1 b. Site coordinates (in decimal degrees): Latitude: 35.85666 Longitude: - 80.43621 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 2.41 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Humpy Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Yadkin 3. Project Description 3a. 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 site contains a gravel driveway, stream crossing, recently cleaered land and wooded land. Structures are not located on the site. The site is located in a rural and residential area of Advance, Davie County, North Carolina. 3b. List the total estimated acreage of all existing wetlands on the property: Wetland=0.00 ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Streams=212 LF. 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access to one single family residence and detached garage. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the construction of one single family residence with detached garage. In order to facilitate the proposed development and access the site, it is necessary to have a stream crossing. Inadvertently, a culvert was installed in a stream and a second stream was filled for construction of the access road. Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the single family residence 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Yes ❑ No Unknown project (including all prior phases) in the past? Comments: NCDWR NOV-2023-CV-0015 4b. If the Corps made the jurisdictional determination, what type El Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Pilot Enviromental, Inc. Name (if known): Bradley Luckey 11.13.23 Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Impacts to streams/wetlands, outside of those proposed in this application, are not anticipated as a result of the proposed project. Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: Wetland impacts are not proposed. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ® P ❑ T Road Fill/Keyed In Unnamed ® PER ® Corps 4 34/30 Rip -Rap ❑ INT ❑ DWQ S2 ®P ❑ T Road and Sideslope Fill Unnamed ® PER ❑ INT ® Corps ❑ DWQ 2.5 139 S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 169/30 3i. Comments: Stream Impact 1 will permanently impact 34 linear feet (136 square feet) of stream channel with access road fill (culvert, sideslopes) and permanently impact 30 linear feet (120 square feet) of rip -rap inlet/outlet protection. Stream Impact 2 will permanently impact 139 linear feet (348 square feet) of stream channel with access road fill. Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version Temporary impacts are not proposed. Mitigation is not proposed. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number— Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P❑T 02 ❑P❑T 03 ❑PFIT 04 ❑P❑T 4f. Total open water impacts 4g. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 131 ❑P❑T ❑Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Buffer impacts are not proposed. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The applicant has selected the crossing location in a relative straight portions of the streams. There are no other options to access the property without stream crossings. The applicant selected the crossing location in an area that does not contain wetlands. The remaining 208 linear feet of stream channel are being avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Sediment and erosion control devices, including silt fence and silt fence outlets will be used to prevent down -gradient sedimentation. If water is present during rip -rap installation, then a temporary coffer dam will be installed upgradient of the culvert crossing. During rip -rap installation, water will be pumped around the construction footprint. Upon completion of the culvert installation, the temporary sand bag coffer dam will be removed and flow will be diverted through the culvert. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ❑Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 3c. Comments: The applicant does not propose mitigation for impacts to streams. 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? low density % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project is low density. This estimate accounts for anticipated impervious from lot development. Vegetative swales have been constructed adjacent to the existing driveway crossing and area of woody vegtation have been allowed to establish along remaining portions of stream on the site. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Davie County ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ® No letter.) Comments: A NEPA or SEPA is not required as part of this project. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ❑ No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ® Yes ❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): The applicant is a private individual who purchased the property with the intention to construct a primary residence sometime prior to Feburary 2023. The applicants were not aware of environmental protection regulations for streams or wetlands until informed by NCDEMLR compliance concerns and NCDWR NOV 2023-CV-0015. Prior to NCDWR NOV, the applicants contractor installed approximately 30 linear feet of 36" corrugated plastic pipe culvert into an estimated 34 linear feet of stream channel for a driveway crossing. Additionally, the contractor filled an estimated 126 linear feet of stream channel for construction of the access drive. Upon discovery of potential compliance concerns, the applicant immediately engaged another contractor to stablize uplands areas and install silt fencing and other BMPs to prevent down -gradient sediment lost to waters and engaged Pilot Environmental, Inc. (Pilot) to complete a forensic delineation of the site and to assist returning the site to compliance. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. We are not aware of additional development that will result which will impact nearby downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Impacts from wastewater generation are not proposed. Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? E] Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The IPaC report for the site identifies the following federally protected species: Tri-colored bat (PT), Schweinitz's sunflower (E) and Michaux's Sumac (E) as protected species that could be proximate to the project area. The project area has previously been impacted and cleared, however, adjacent areas contains a mature hardwood forest estimated to older than 30 years in age. Mid and understory vegetation is densely vegetated. Suitable habitat for Schweinitz's sunflower or Micaux's sumac would not be expected to have been located within the project area. Therefore, we have made a determination of no effect for these species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best management practices and the construction of stormwater ponds will prevent sediment from entering down -gradient waterbodies which may contain fish. 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? We reviewed the SHPO Map (http://gis.ncdcr.gov/hpoweb/) to identify cultural resources of the site. The map does not identify listed or eligible for listing properties on or proximate to the project area. A copy of the map is included as an attachment. 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: 8c. What source(s) did you use to make the floodplain determination? FEMA NHFL (Drawing 4, attached) Digitally signed by Bradley Luckey DIM: cn=Bradley Luckey, o=Pilot Bradley Bradley S. Luckey, PWS Enviromental, Inc., ou, Luckey email=bluckey@pilotenviro.com, c=US 2.5.24 Date: 2024.02.05 13:27:21-05'00' Date Applicant/Agent's Signature Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version OOR' �����e. ��� � j � W. i M. Drawing 2A USDA Soil Survey of Davie County, NC Published 1995 Scale: 1" = 300' Wei 00 —00 :* 1';1 PIIJ-3T/ A P I L O T E N V I R O N M E N T A L, I N C PCC2 LEGEND Site Boundary Published Soil Map Carters Ridge Road Approximate 2.41-Acre Tract Advance, Davie County, NC Pilot Project 10344 h Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 200' J . y: r PILL P I L O T E N V I R 0 N M E N T A L. I N C P LEGEND Site Boundary Freshwater Emergent Freshwater Forested/Shrub Estuarine and Marine Deepwater Estuarine and Marine Freshwater Pond Lake ® Riverine Other NWI Map Carters Ridge Road Approximate 2.41-Acre Tract Advance, Davie County, NC Pilot Project 10344 C OL �" '44. ' * + . „ ,• i Jrr IP � sh � f ' PAN E� , 1371057660 K * y if . 31161 0 h r ;� �-P� " V N ti.L LEGEND Site Boundary n 1 `¢Annual Chance Flood Hazard MR egulatoiy Floodvay Sped al Floodw@y L Area of Undetermined Flood Hazard h _ 0.2%Annual Chance Flood Hazard Future Conditions 1 V.Annual Chance Flood Hazard A M Area with R educed Risk Due to Levee FEA Drawing 4 CarterMR d ie Road National Flood Hazard Layer ` - v Approximate 2.41-Acre Tract From FEMA Web Map Service O�. �f.Y) P Advance, Davie County, NC Scale: 1" - VOO, P I L 0 E N V I R 0 N M E N T A L, I N C Pilot Project 10344 Legend Culvert —••—•• Proposed Rip Rap Dissipator Existing Stream Existing Relocated Stream • • • • • Area of Permanent Impact from Culvert —• Area of Permanent Impact From Fill Site Boundary Drawing 5 �:,r, Wetland Map Overview Satellite Imagery from ESRI Carters Ridge Road and Pilot GPS Data Approximate 2.41-Acre Tract Scale: 1" = 100' p11.13 Advance, Davie County, NC Date:2.5.24 Pi LOT BNVIR0NMENTAL.INC Pilot Project10344 62 15 LF 60 SF MW 34 LF/136 SF 4 - t 40 LF/160 SF }** x# S 15 LF/60 SF ■ 1p . Drawing 5 DEM from NCOne Map and Pilot GPS Data Scale: 1" = 25' Date: 2.5.24 139 LF/348 SF SF PILOT P I L O T E N V I R 0 N M E N T A L. I N C 33 LF/83 SF i0 Legend Culvert -••-•• Proposed Rip Rap Dissipator Existing Stream Existing Relocated Stream • • - - - Area of Permanent Impact from Culvert — - — • Area of Permanent Impact From Fill Site Boundary Wetland Map Carters Ridge Road Approximate 2.41-Acre Tract Advance, Davie County, NC Pilot Project 10344