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HomeMy WebLinkAbout20240295 Ver 1_ePCN Application_20240219i 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# * 20240295 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Michael Meilinger:Michael.Meilinger Information for Initial Review la. Name of project: COURTESY COPY QUEENS RIDGE TOWNHOMES 1a. Who is the Primary Contact?* SAMMER RAHMAN 1b. Primary Contact Email: * tokmanfoodsinc@gmail.com Date Submitted 2/19/2024 Nearest Body of Water Parrot Swamp Basin White Oak Water Classification SA, HOW Site Coordinates Latitude: 34.672822 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Onslow Is this a NCDMS Project Yes No Longitude: -77.189308 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (910)546-2358 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 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: 29 - Residential 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 le. 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: 401 Water Quality Certification - Express Riparian Buffer Authorization 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 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 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: TOKMAN FOODS, INC. 2b. Deed book and page no.: IDS 4620, Pg 354 2c. Contact Person: SAMMER RAHMAN 2d.Address Street Address POB 35 Address Line 2 City State / Province / Region SWANSBORO NC Postal / Zip Code Country 28540 U.S. Yes No Yes No 2e. Telephone Number: (910)546-2358 2g. Email Address:* tokmanfoodsinc@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Elijah Morton 3b. Business Name: QUEENS RIDGE DEVELOPERS, LLC 3c.Address Street Address 503 NEW BRIDGE ST, STE 100 Address Line 2 city JACKSONVILLE Postal / Zip Code 28540 3d. Telephone Number: (910)548-7575 3f. Email Address:* OFFICE@SOUTHSTATEDEVELOPMENT.COM 4. Agent/Consultant (if applicable) 4a. Name: ROY BROWNLOW 4b. Business Name: TIDEWATER ASSOCIATES, INC. 4c.Address Street Address 604-E CEDAR POINT BLVD Address Line 2 City CEDAR POINT Postal / Zip Code 28584 4d. Telephone Number: (252)393-6101 4f. Email Address:* RBROWNLOW@TIDEWATERENC.COM C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) QUEENS RIDGE TOWNHOMES 1c. Nearest municipality I town: SWANSBORO 2. Project Identification 2f. Fax Number: State / Province / Region NC Country U.S. 3e. Fax Number: State / Province / Region NC Country U.S. 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 534403403435 15.37 2c. Project Address Street Address Queens Creek Road, N.C.S.R.1509 Address Line 2 City Swansboro Postal / Zip Code 28540 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Parrot Swamp 3b. Water Resources Classification of nearest receiving water: SA, HQW 3c. What river basins) is your project located it * White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203010301 4. Project Description and History State / Province / Region NC Country U.S. 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 site is located off of Queens Creek Road and is undeveloped. The elevations on the property range from 11' msl to 32' msl. The project site is located approximately .21 mile from Parrot Swamp and 1.68 miles from Queens Creek. According to the USFW National Wetlands Mapper, the wetlands are non -tidal System Palustrine (P) dominated by trees, shrubs, persistent emergents. Adjacent land uses are partially cleared and vacant with some existing townhome residential to the south. 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: 1.96ac 4g. List the total estimated linear feet of all existing streams on the property: 836 4h. Explain the purpose of the proposed project:* The purpose of this specific project is for a minor .021-acre (915sf) temporary impact for a proposed sewer line crossing serving the proposed Queens Ridge Townhomes subdivision, consisting of 102 multi -family townhome residential units in the Hubert township in Onslow County. Sewage would be pumped offsite through a 30' wide Sewer Easement. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Queens Ridge Townhomes is a proposed 102 unit Residential Townhome Subdivision located within the community of Hubert in Onslow County. The 19.66 acre property consists of two tracts, Tract I is 10.17 acres and Tract II is 9.49 acres. The property is located approximately 1,200 feet South of the intersection of Queens Creek Road (SR 1509) and Smallwood Road (SR 1565). The majority of the land disturbance for the project will be done in relatively flat and gentle slopes. There are some areas on the West side of the site with moderate slopes (5- 12 % ). The site ultimately drains to the Southwest to an unnamed tributary of Parrot Swamp (within a % mile of the site), which is part of the White Oak River Basin and is classified as SA; HQW. The site development is not within 575 feet of the mean high water line of areas designated as Outstanding Resource Waters (ORW). The site will utilize swales and a piped collection system with culverts, catch basins and yard inlets to convey onsite stormwater runoff to a Wet Pond SCM device for treatment. The Wet Pond outlets to the natural wetland located in the Southwest portion of Tract 1. Management of stormwater runoff will be provided under Coastal Counties 15A NCAC 02H .1019 rules, High Density option for "SA; HQW Water" with the "Runoff Treatment With Discharging SCMs" approach. Wetlands crossings: initial disturbance of these areas shall be limited to only that area minimally needed to allow passage of construction equipment (excavator and backhoe) to prepare for the installation of the crossing and to execute upland construction on the opposing side of the crossing. Grubbing or land disturbance of the subject area shall not be performed until the culverts, backfill material, erosion and sediment control materials or devices sufficient to substantially complete the construction and stabilization of the crossing are staged or stockpiled at the location. Due consideration shall be given to impending inclement weather conditions that may adversely affect the completion of the crossing in the minimum time necessary. 2. Drainage work shall be completed in the minimum time necessary. Construction Sequence: 3. No construction of the fill for the wetland impact shall commence until all materials needed for the impact are staged on site. 4. Establish clearing limits per approved plans. Clear and grub impact area as needed. Temporary seed and mulch disturbed area. No disturbance or clearing within any unpermitted areas. . Install drainage. Fill, compact and finish fill grade area. . Install permanent ground cover (sod) on slopes. . Install silt fence at toe of fill slope and as needed to prevent erosion. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: Delineated by John Roberts Ground Truth Soil Consulting, PLLC; Also as shown by previous survey by Bell and Phillips Surveying, LLC. O Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?" Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?" Yes John C. Roberts, PLLC Roberts Ground Truth Soil Consulting, PLLC 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? N/A D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 01 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * (?) 2g• Impact area Sewer crossing JL Hardwood Flat Parrot Swamp Yes Both 0.021 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.021 0.000 2g. Total Wetland Impact 0.021 2i. Comments: Purpose and need of the temporary wetland impact is to install a sewer pipe crossing to serve proposed Townhome subdivision at a permitted WWTF located offsite. Once Crossing is installed, wetlands would be restored as per NCDWR GC4256. E. Impact Justification and Mitigation O 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The most dry and narrowest area was selected as the proposed crossing site. Disturbance of the area would be the minimally disturbed to the maximum extent practical as necessary to allow passage of construction equipment and to prepare for the upland construction on the opposing side of the crossing. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Grubbing or land disturbance of the subject area shall not be performed until the culverts, backfill material, erosion and sediment control materials or devices sufficient to substantially complete the construction and stabilization of the crossing are staged or stockpiled at the location. Due consideration shall be given to impending inclement weather conditions that may adversely affect the completion of the crossing in the minimum time necessary. Drainage work would be completed in the minimum time necessary. Construction Sequence: No construction of the fill for the wetland impact would commence until all materials needed for the impact are staged on site. Minimum clearing limits would be established as per approved plans. Clearing and grubbing the impact area only as reasonably necessary. All disturbed areas would be temporary seeded and mulched to stablize the area. Impact area would be restored to the original pre -disturbance elevations, contours, and grade. Do not clear or disturb any unpermitted areas. Install drainage. Fill, compact and finish fill grade area. Install permanent ground cover (sod) on slopes. Install silt fence at toe of fill slope and as needed to prevent erosion. 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: Temporary impact area is only .021acre (915sf), less than 1/4th acre threshold. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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 in the White Oak River basin which is not in a protected buffer area. 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 State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: The proposed project design and planning complies with the State's 50 ft. vegetated setback. 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 3b. If you answered "no," provide a short narrative description. The proposed impacts are .021 acre and temporary in nature. BMPs would be employed to further ensure there would be no adverse or detrimental impacts to downstream water quality. Disturbed area would be restored to its pre -development elevation, contour, grade, and condition. 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 O 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? USFWS IPaC Determination Keys 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 Marine Fisheries EFH Mapper GIS 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? HPOWEB GIS 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? NCFRIS GIS Mapper 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 flies here to attach document Queen Ridge PCN Application Merged Docs_02.19.2024.pdf 16.39MB File must be PDF or KMZ Comments Attachments: Cover Letter Complete copy of the PCN Application With Associated Documents (listed Below) merged into one file Copy of the NOI and COC Documents Copy of the Stormwater Documents USGS Topo Map Soil Survey Map Existing Conditions Map with Proposed Development overlay Wetlands Proposed Temporary Impact Map USFWS Record of No Effect Determination Feature Delineation Soil Report Agent Authorization Signature O 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: Roy Dudley Brownlow 02/19/2024 Signature POYD Date 2/19/2024