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HomeMy WebLinkAbout20240455 Ver 1_ePCN Application_20240319DWR 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# * 20240455 1 Is a payment required for this project?* No payment required What amount is owed?* Fee received $240.00 $570.00 Fee needed - send electronic notification $323.00 $767.00 Reviewing Office* Select Project Reviewer* Fayetteville Regional Office - (910) 433-3300 Chad Turlington:chad.turlington Information for Initial Review la. Name of project: Middle Point 1a. Who is the Primary Contact? * Josh Riding 1b. Primary Contact Email: * 1c. Primary Contact Phone:* jriding@gtaeng.com (804)467-8989 Date Submitted 3/19/2024 Nearest Body of Water Hickory Branch Basin Cape Fear Water Classification C: Aquatic Life, Secondary Contact Recreation, Fresh Water Site Coordinates Latitude: Longitude: 35.34032-78.98502 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 Is this project a public transportation project?* Yes No Q `I 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 fig. 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 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: Lloyd Enterprises LP 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: L Frank Stewart 2d. Address Street Address 2106 Lloyd Stewart Road Address Line 2 City State / Province / Region Broadway NC Postal/Zip Code Country 27505 USA Yes No Yes No 2e. Telephone Number: (910)893-5163 2g. Email Address:' landownerdoesntemail@na.com 3. Applicant Information (if different from owner) 3a. Name: Robert Stuart 3b. Business Name: DR Horton 3c.Address Street Address 2000 Aerial Center Parkway Address Line 2 City Morrisville Postal / Zip Code 27560 3d. Telephone Number: (919)760-9668 3f. Email Address:"` rcstuart@drhorton.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) Middle Point 1c. Nearest municipality I town: Barbecue Creek 2. Project Identification 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 0508-41-0412,0508-41-7271 206.4 2c. Project Address Street Address W NC 27 Address Line 2 city Lillington Postal / Zip Code 27332 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Hickory Branch 3b. Water Resources Classification of nearest receiving water: C: Aquatic Life, Secondary Contact Recreation, Fresh Water 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. 030300040203 4. Project Description and History 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 project site is currently primarily wooded areas and fallow field. 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: 42.8 4g. List the total estimated linear feet of all existing streams on the property: 9104 4h. Explain the purpose of the proposed project:* The project will establish a new residential subdivision which is essential to provide quality living options for new and existing residents attracted to the Town of Lillington by Harnett County's anticipated growth. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project would entail the develop of a residential subdivision, 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 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans Morris & Ritchies Associates of NC, P.C. Ga. 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 O Buffers W1 2a1 Reason (?) Road crossing 2b. Impact type*(?) P �2c. Type of W. ff-mland Hardwood Forest 2d. W. name Wetland 2 2e. Forested* Yes 2f. Type of Jurisdicition* ?) Both 2g. Impact area 0.440 (acres) f77771 Sanitary sewer install P Bottomland Hardwood Forest Wetland 3 Yes Both 14LI 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.480 2i. Comments: 2g. Total Permanent Wetland Impact 0.480 Wetland impact W2 is permanent PFO to PEM conversion associated with the installation of a sanitary sewer line. This impact should not be considered as a'loss" and should be mitigation at a 1:1 ratio. 3. Stream Impacts 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* Ilength* g1 Road crossing Permanent Culvert Waterbody B Perennial Both 190 Average (feet) (linear feet) S2 Riprap Permanent Rip Rap Fill Waterbody B Perennial Both 4 34 Averege (feet) (linear feet) S3 Road crossing Permanent Culvert Waterbody C Perennial Both 129 Average (feet) (linear feet) S4 Riprap Permanent Rip Rap Fill Waterbody C Perennial Both 3 31 Averege (feet) (linear feet) S5 Sanitary sewer install Temporary Dewatering Waterbody C Perennial Both 38 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 384 38 3i. Total stream and ditch impacts: 422 3j. Comments: Impacts S2 and S4 are for riprap, and should be considered permanent impacts with no net loss. Therefore, Impacts S2 and S4 should not factor into mitigation or loss calculations. Impact S5 is a temporary impact due to dewatering, and should also not be considered a loss or be factored into mitigation calculations. 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: This project has been designed to avoid and minimize impacts to the maximum feasible extent. The project site is constrained by a series of wetlands and waterbodies that make developing the site a challenge. There is a large openwater pond and wetland in the southeastern portion of the site, wetland and stream complexes that bisect the site in two locations, and a large wetland in the northern portion of the site. That being said, the applicant has minimized the the impacts to three road crossings and a sanitary sewer easement. There are approximately 42.8 acres of wetlands, 6,517 linear feet of perennial streams, and 5.5 acres of openwater pond within the subject. The proposed layout include the following unavoidable impacts: 0.44 acres of permanent wetland impact, 0.04 acres of wetland conversion impact, 38 linear feet of temporary perennial stream impact, 65 linear feet of no net loss perennial stream impact, and 319 linear feet of permanent perennial stream impact. This completely avoids the pond and associated wetland in the southeastern portion, as well as the large wetland in the northern portion of the site. In addition the crossings were located in locations that minimize the impacts to regulated resources. The impacts for the proposed project have been minimized and avoided to the maximum possible extent, while maintaining economic feasibility. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction measures to minimize impacts include using riprap associated with culverts to minimize net loss of stream beds. Applicable industry standard methods to ensure the safety of protected resources will be used. 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) 319 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 0.48 4g. Coastal (tidal) wetland mitigation requested: (acres) 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. 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 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: This project is located within the Cape Fear watershed, that is not is one of NC's protected watersheds. 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 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 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. 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 Sc. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes No 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 Unknown 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 Inquiry, NC DCR inquiry, USFWS Species Recovery Plans 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 SHPO inquiry, and 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 numbers 3720050800J and 3720050600J, both effective October 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 2181401 PCN Support Package.pdf 87.78MB 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 1*&1444, Date 3/19/2024 M