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HomeMy WebLinkAbout20240320 Ver 1_ePCN Application_20240221DWR 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# * 20240320 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Chad Turlington:chad.turlington Information for Initial Review la. Name of project: COURTESY COPY Bloom Subdivision 1a. Who is the Primary Contact? * Sean Clark 1b. Primary Contact Email: * sclark@sageecological.com Date Submitted 2/21/2024 Nearest Body of Water Hector Creek Basin Cape Fear Water Classification WS-IV;HQW Site Coordinates Latitude: 35.5230 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Harnett Is this a NCDMS Project Yes No Longitude: -78.8232 Reviewing Office* Fayetteville Regional Office - (910) 433-3300 1c. Primary Contact Phone:* (919)559-1537 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: 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 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: 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) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Mattamy Homes, LLC 2b. Deed book and page no.: DB:4221 DIP: 2807 2c. Contact Person: Joseph Conlan 2d.Address Street Address 11000 Regency Parkway Address Line 2 Suite 110 city State / Province / Region Cary NC Postal / Zip Code Country 27518 USA Yes No Yes No 2e. Telephone Number: (269)547-3807 2g. Email Address:* joe.conian@maftamycorp.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Hamlin 4b. Business Name: Sage Ecological Services, Inc. 4c.Address Street Address 3707 Swift Drive Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)622-7888 4f. Email Address: khamlin@sageecological.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Bloom Subdivision 1c. Nearest municipality / town: Fuquay-Varina 2. Project Identification 2a. Property Identification Number: 0654-24-3186.000 2c. Project Address Street Address Spence Mill Road, approximately 0.5 mile west of the intersection with NC 401 Address Line 2 City Fuquay-Varina Postal / Zip Code 27526 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Hector Creek 3b. Water Resources Classification of nearest receiving water:" WS-IV;HQW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040502 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 176.88 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: * The northern and central portions of the Site have been cleared for agricultural use. A large farm pond is located in the northwestern corner of the Site. The remaining portions of the Site are forested with a pine -dominated canopy along the ridges and uplands. The drainages contain more hardwood tree species in the canopy. Land use in the vicinity is comprised of timber land, residential developments, commercial lots, and agricultural land. a 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: 3.406 4g. List the total estimated linear feet of all existing streams on the property: 7520 4h. Explain the purpose of the proposed project:* The purpose of the Project is to construct a residential subdivision with associated attendant features (roads, utilities, and other infrastructure) to meet the demand for housing in this growing area of Harnett County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed Project is a residential development with associated roads, utilities, and infrastructure. Impacts to jurisdictional wetlands will result from a road crossing. No impacts to jurisdictional features are proposed for lot fill. Access to the Site will be provided by road connections to existing Spence Mill Road which bisects the northern portion of the Site. The Project proposes to tie into existing water adjacent to the Site. Wastewater treatment will be provided by proposed individual septic systems. Typical equipment used in residential construction and utility projects (i.e., backhoes, excavators, dump trucks) will be utilized. Impacts to jurisdictional Waters of the US will result from a proposed road crossing. The roadway results in permanent wetland impacts totaling 0.044 acre (Impact #1 & #2; WC-3). No stream impacts are proposed. 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-2023-00998 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Sean Clark Agency/Consultant Company: Sage Ecological Services, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD (8/31/2023) 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 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts U Impact 1 2a1 Reason (?) Road Crossing 2b. Impact type* (?) P 2c. Type of W.* Headwater Forest 2d. W. name WC-3 2e. Forested * Yes 2f. Type of Jurisdicition * (?) Corps 2g. Impact area * 0.040 (acres) Impact 2 Road Crossing - Grading P Headwater Forest WC-3 f=fps 0.004 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.044 2g. Total Wetland Impact 0.044 2i. Comments: The proposed roadway results in permanent wetland impacts totaling 0.044 acre to wetland WC-3. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: A wetland and stream delineation were performed to identify environmentally sensitive areas on the Site prior to site design. The Project was designed to avoid & minimize impacts to jurisdictional features while meeting the goals of the residential development plan. Lots were positioned to avoid impacts to wetlands and streams. Drainages are not crossed multiple times by roads. The proposed alignment was designed to provide a balance between cut and fill on opposite sides of the road. The site grading at Impact #2 was reduced as much as practicable while maintaining moderate driveway slopes for the lots. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Equipment will be parked and cleaned in uplands away from jurisdictional areas. Work within jurisdictional areas will be conducted during periods when dry weather is predicted, and large bare areas of soil will be reseeded and protected as soon as practicable. Silt fencing and sediment basins will also be used to prevent sediment runoff into the stream and wetland areas. 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: Proposed wetland impacts are below 0.1 acre and there are no proposed stream impacts. Therefore, no mitigation is proposed for the Project. 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 If no, explain why: The Site is located in the Cape Fear River Basin below the Jordan Lake dam. Therefore, no state -regulated riparian buffers are in effect for this Project. 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 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 O a n 3b. If you answered "no," provide a short narrative description. Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative impact" since the project already in a developed landscape (i.e., existing residences and development in the vicinity) and the area already contains the necessary infrastructure (i.e., sewer, water, electricity, etc.). The project drains to Hector Creek, which is Class WS-IV;HQW. We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed. 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. Proposed individual septic systems 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 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? According to the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) database, four threatened and endangered (T&E), one Proposed Endangered species, one Similarity of Appearance -Threatened species, one Candidate species, and the bald eagle are listed as potentially present on the Site. A review of the NC Natural Heritage Program (NCNHP) database was conducted on February 2, 2024. Suitable habitat for Cape Fear shiner and Atlantic pigtoe is not present on the Site. Streams SA and SAA are lower perennial streams with a silt -dominated substrate. The stream channels are approximately 2-5 feet wide. The NCNHP database indicates no known occurrences of these species within 1.0 mile of the Site. No impacts to streams are proposed for this Project, and the impacted wetlands are above the dam of Pond 1. Habitat for red -cockaded woodpecker is not present on the Site. The canopy is dominated by hardwood trees with sparse loblolly pine stands throughout. The southeastern forested portion was logged in 2006 per historic aerial imagery. The southwestern forest contains a dense understory which is not preferred by this species. The NCNHP database indicates no known occurrences of these species within 1.0 mile of the Site. Habitat for rough -leaved loosestrife is not present on the Site. Although the soils within the Pond 2 drainage are mapped as Vaucluse, these areas have been heavily maintained for agriculture and residential lawn. There are no proposed impacts to the wetlands or the pond in these areas. Potential habitat for tri-colored bat (Proposed Endangered) and monarch butterfly (Candidate) is present on the Site; however, these species are not currently afforded protection under Section 7 of the Endangered Species Act (ESA). Additionally, there is no habitat for American alligator (Similarity of Appearance -Threatened) present on the Site. The NCNHP database indicates no known occurrences of these species within 1.0 mile of the Site. Multiple farm ponds are of sufficient size to support foraging habitat for bald eagles; however, no individuals or nests were observed during the Site visit. 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 (EFH) Mapper: https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper The Project is located in Harnett County which does not contain any Essential Fish Habitat. 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? The Site is not listed as a historic property or within a historic district. Fifty-two historic properties are identified within 1.0 mile of the Site. Two "Determination of Eligibility" properties are located southeast of the Site along US 401 (David Henry Senter House — HT0174 and the A. A. Johnson House — HT0818). The remaining properties are designated as "Surveyed Only." 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 Flood Map Service Center (https://msc.fema.gov/portal/search) Panel 3720065400J, effective on 10/3/2006 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 NWP 29 Request - SAW-2023-00998 - Bloom Subdivision - Sage #2022.123.pdf 10.7MB File must be PDF or KMZ Comments Attachments: Agent Authorization Form Figure 1 — USGS Site Vicinity Map Figure 2 — Soil Survey Site Vicinity Map Figure 3 — Post-USACE PJD Sketch Map Figure 4 — NCSHPO Map IPaC Resource List NCNHP Report Impact Maps ORM Spreadsheet Preliminary Jurisdictional Determination (SAW-2023-00998) 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: Kimberly Hamlin Signature A(Xa 111 #gkft Date 2/21 /2024 a