Loading...
HomeMy WebLinkAbout20240398 Ver 1_ePCN Application_20240306i 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# * 20240398 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Holley Snider:Holley.Snider Information for Initial Review la. Name of project: COURTESY COPY Venture on Carolina 1a. Who is the Primary Contact?* Scarleh Henson- Davey Resource Group, Inc. 1b. Primary Contact Email: * scarleft.henson@davey.com Date Submitted 3/6/2024 Nearest Body of Water Barnards Creek Basin Cape Fear Water Classification C;SW Site Coordinates Latitude: 34.174437 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: New Hanover Is this a NCDMS Project Yes No Longitude: -77.922700 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (910)452-0001 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: 18 - Minor Discharges 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: TSINGELIS CHRISTOS P TRUSTEE ETAL 2b. Deed book and page no.: BKO06651PGO02361 2c. Contact Person: Christos Evangeline Tsingelis 2d.Address Street Address 858 S 17th St Address Line 2 City State / Province / Region WILMINGTON NC Postal / Zip Code Country 28401 us Yes No Yes No 2e. Telephone Number: (910)231-2848 2g. Email Address:* owen@millstonemgmt.com 2a. Name(s) on recorded deed: MCCANDLESS ELEANOR 2b. Deed book and page no.: BK000784PG000480 & BK001011PG000782 2c. Contact Person: Eleanor McCandless 2d.Address Street Address 1911 KNOLLWOOD DR Address Line 2 city WILMINGTON Postal / Zip Code 28403 2e. Telephone Number: (910)619-0890 2g. Email Address:* jennyjohnston@gmail.com 2a. Name(s) on recorded deed: LLOYD NELL BLAND HEIRS 2b. Deed book and page no.: BK009906PG001812 2c. Contact Person: Kelly Lloyd 2d.Address Street Address 3903 Carolina Beach Rd Address Line 2 city WILMINGTON Postal / Zip Code 28411 2e. Telephone Number: (910)470-4480 2g. Email Address:* goodintentions 1969@yahoo.com 3. Applicant Information (if different from owner) 3a. Name: Adrien Dannemiller 3b. Business Name: Millstone Ventures, LLC 3c. Address Street Address 9800 Westpoint Drive Address Line 2 city Indianapolis Postal / Zip Code 46256 3d. Telephone Number: (317)694-5114 3f. Email Address:* owen@millstonemgmt.com 2f. Fax Number: State / Province / Region NC Country us 2f. Fax Number: State / Province / Region NC Country us 2f. Fax Number: State / Province / Region IN Country us 3e. Fax Number: 4. Agent/Consultant (if applicable) 4a. Name: Scarlett Henson 4b. Business Name: Davey Resource Group, Inc. 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 city Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address: scariett.henson@davey.com C. Project Information and Prior Project History 1. Project Information State / Province / Region NC Country US 4e. Fax Number: 1b. Subdivision name: (if appropriate) Venture on Carolina 1c. Nearest municipality / town: Wilmington 2. Project Identification 2a. Property Identification Number: R06500-003-018-000;R06500-003-017-000; 2b.Property size: R06500-003-016-000; R06500-003-015-000 -8 ac 2c. Project Address Street Address 3903, 3907, 3909, 3913, 3915 Carolina Beach Rd Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28412 US 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Barnards Creek 3b. Water Resources Classification of nearest receiving water: C;Sw 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. 030300050504 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: " This tract includes four parcels on Carolina Beach Rd in Wilmington, New Hanover County, NC. Addresses in the project area are 3903, 3907, and 3913 Carolina Beach Rd. The majority of the tract is undeveloped and forested. However, multiple single family homes are located on the western portion of the tract off Carolina Beach Rd. Jurisdictional wetlands are located on the eastern and southeastern portions of the site. West of that is an isolated non -jurisdictional wetland. The majority of the site is uplands. A storage facility is located north of the tract, and single-family residences are located south of the tract. The forested portion of the site is dominated by loblolly pines with some water oaks and magnolia trees. Under canopy has some shrubs and saplings but is not dense with vines. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown O 4f. List the total estimated acreage of all existing wetlands on the property: 0.4 (0.3 ac jurisdictional and 0.1 ac non -jurisdictional) 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:" The purpose of this project is to construct a multi -family residential development to serve the housing needs of the community. One wetland impact is needed for a road crossing and stormwater pipes. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * This development will hold three apartment buildings totaling 225 units, one leasing clubhouse, and two garage buildings for resident parking. Parking lots, access roads, utilities, and stormwater are also proposed. Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. Site grading will occur as depicted on the site plan. Roadways and utilities will be installed. Then building construction will occur. The road at the wetland impact will be approximately 35 feet wide. A retaining wall will be constructed along the eastern edge of the road. An additional 14.2 feet of wetland impact beyond the retaining wall is needed for construction access and stabilization. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O 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-2022-01276 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Paul Farley Agency/Consultant Company: Davey Resource Group, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR AJD was issued by Brad Shaver on February 26, 2024. 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? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts Buffers U 2a1 Reason (?) 2b. Impact type* (?) 12c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 2g• Impact area * Road crossing and stormwater t �n-Riverine Swamp Forest W1 Yes Both � ] 0.039 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.039 2i. Comments: A non -jurisdictional wetland will also be impacted (0.1 ac). 2g. Total Permanent Wetland Impact 0.039 E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to wetlands were minimized as much as possible. However, due to the site's small acreage, some impacts were required. The apartment complex was designed to avoid the larger wetland area in the eastern portion of the site. The parking has been placed in the uplands of the site. However, a road is necessary to access the parking lot for residents. Stormwater pipes are also necessary to cross at this location in order to meet stormwater requirements. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The developer will obtain a stormwater permit and sedimentation and erosion control permit prior to development. 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: Wetland impacts are significantly less than 0.1 ac, the typical mitigation threshold for the USACE. 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: Site is located within the Cape Fear River Basin, which does not have State Riparian Buffer Rules. 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 Wilmington Comments: Stormwater plans were submitted January 2024 and are currently pending. 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 project will not provide access or utilities to adjacent properties. No additional impacts are anticipated within the site. Furthermore, the developer will obtain stormwater and sedimentation and erosion control permits prior to development to limit impacts to downstream waters. 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. Project will tie into existing municipal wastewater treatment system. 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? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur on the site. The red -cockaded woodpecker and American alligator are known to occur within one mile of the site. The RCW occurrence is historical and it was last observed 1976. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species require coastal or marine habitat and would therefore not be found in the site. Most of the site is forested and provides suitable roosting habitat for the northern long-eared bat and tri-colored bat. A NLEB Determination Key was prepared for the project and resulted in a MANLAA. The site supports an equal mix of loblolly pine and hardwood trees and does not appear to provide suitable habitat for the RCW. The site does not appear to support habitat for any other federally protected species known to occur in the region. 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 EFH 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? * The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historical resources. No cultural or historical resources were noted within or adjacent to the site. 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 website 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 Venture on Carolina Attachments.pdf 4.97MB 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: Kim Williams Signature WIMI -If Date 3/6/2024 M