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HomeMy WebLinkAbout20240256 Ver 1_ePCN Application_20240208i DWR 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# * 20240256 1 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: Garner Publix 1a. Who is the Primary Contact? * Josh Riding 1b. Primary Contact Email: * jriding@gtaeng.com Date Submitted 2/8/2024 Nearest Body of Water Buffalo Branch Basin Neuse Water Classification C: Aquatic Life, Secondary Contact Recreation, Fresh Water; NSW: Nutrient Sensitive waters Site Coordinates Latitude: Longitude: 38.59184-78.59701 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Johnston Is this a NCDMS Project Yes No What amount is owed?* $240.00 $323.00 Select Project Reviewer* Joseph Myers:joseph.myers 1c. Primary Contact Phone:* (804)467-8989 $570.00 $767.00 O 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.' 1 /5/2024 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: 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 39 - Commercial/Institutional Developments 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 401 Water Quality Certification - Express Riparian Buffer Authorization 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: Catfish Real Estate, LLC 2b. Deed book and page no.: 6373 / 766 2c. Contact Person: Steve Hove 2d.Address Street Address 1201 Oakfield Drive, Suite 109 Address Line 2 City State / Province / Region Brandon FL Postal / Zip Code Country 33511 USA Yes No Yes No 2e. Telephone Number: (727)515-3200 2g. Email Address:" shove@mac.com 4. Agent/Consultant (if applicable) 4a. Name: Josh Riding 4b. Business Name: GTA Associates, Inc. 4c.Address Street Address 530 Hinton Pond Road, suite 104 Address Line 2 City Knightdale Postal / Zip Code 27545 4d. Telephone Number: (804)467-8989 4f. Email Address:" jriding@gtaeng.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Garner 2. Project Identification 2a. Property Identification Number: 162717-001-2444, 161700-90-2503, 162700- 00-2857 2c. Project Address Street Address NCHWY50N Address Line 2 City Garner Postal / Zip Code 27529 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Buffalo Branch 3b. Water Resources Classification of nearest receiving water:" C: Aquatic Life, Secondary Contact Recreation, Fresh Water; NSW: Nutrient Sensitive waters 3c. What river basin(s) is your project located in?" Nauss 3d. Please provide the 12-digit HUC in which the project is located. 030202010903 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 35.13 State / Province / Region NC Country USA 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: " Site is currently undeveloped and agricultural land. 8 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: 0.05 acres 4g. List the total estimated linear feet of all existing streams on the property: 2524.4 4h. Explain the purpose of the proposed project:* The proposed project is to construct a Publix Supermarket. Based on Johnston County NC's anticipated population growth, this project is considered to be essential in providing quality food supply for new and existing residents of the Town of Garner. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project would entail the development of a grocery store and associated infrastructure, using means and equipment consistent with industry standards. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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-2023-00290 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Wyatt Brown Agency/Consultant Company: Brown's Environmental Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 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 1. Impacts Summary ta. 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 * ?) 29• Impact area * t77] Grading/fill P Headwater Forest and A Yes Both 0.020 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.020 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.020 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* g1 Road Crossing Temporary Stabilization Stream 01 Perennial Both 31 Averege (feet) (linear feet) S2 Road Crossing Permanent Culvert Stream 01 Perennial Both 143 Average (feet) (linear feet) S3 Road Crossing Temporary Stabilization Stream 01 Perennial Both 25 Averege (feet) (linear feet) S4 Road Crossing Permanent Culvert Stream 01 Perennial Both 242 Averege (feet) (linear feet) SS Fill Permanent Fill Stream 01 Perennial Both 37 Averege(feeq (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 422 56 3i. Total stream and ditch impacts: 478 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 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Figure 2, allowable T Stream 01 No 2,922 1,236 Figure 2, allowable P Stream 01 No 6,711 4,367 Figure 3, allowable w/ mitigation P Stream 01 Yes 1,320 3,527 Figure 4, allowable T Stream 01 No 3,036 878 Figure 4, allowable w/ mitigation P Stream 01 Yes 12,781 8,499 Figure 5, allowable P I Stream 01 No 0 644 Figure 6, allowable P Stream 01 No 0 1,196 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 5,958.00 2,114.00 Zone 1 Zone 2 Total Permanent impacts: 20,812.00 18,233.00 Zone 1 Zone 2 Total combined buffer impacts: 26,770.00 20,347.00 6i. Comments: The figure numbers refer to the impact plates in the attached PCN support package. E. Impact Justification and Mitigation 1. Avoidance and Minimization 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Please see attached avoidance and minimization analysis. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Please see attached avoidance and minimization analysis. 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 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 844 If for 422 If of impact 4d. Buffer mitigation requested (DWR only): (square feet) 60342 4f. Non -riparian wetland mitigation requested: (acres) 0 4h. Comments 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 0 4g. Coastal (tidal) wetland mitigation requested: (acres) 0 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR Ga. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No 6b. If yes, then identify the square feet of impact. 6c. Reason for impact 6d. Total impact (square �ru feet) ltiplier 6e. Required mitigation (square feet) Zone 1 Road crossings(see impact plates) 14,101 3 42,303 Zone 2 Road crossings(see impact plates) 12,026 1.5 18,039 6f. Total buffer mitigation required 60342 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6j. Comments: 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 0 Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Q Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NC DOT 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 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management Plan Antidegradation Calculations Comments: 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. This project is not anticipated to result in additional development that could impact downstream water quality. 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 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? NC DCR info request, USFWS iPAC inquiry 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? 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? NC HPO Web 2.0 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 FIRM Map nos. 3720161700L and 3720162700K effective July 19, 2022 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 21770 PCN Support Package2024.02.08.pdf 58.16MB 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: Joshua S Riding Signature �%aziva S'�a%�9 Date 2/8/2024 S