HomeMy WebLinkAbout20231393 Ver 2_ePCN Application_20240329DW R
DHlsloo 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# *
20231393 2
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:
Edwards Property
la. Who is the Primary Contact?*
Jeff Harbour
1b. Primary Contact Email:*
jeff.harbour@terracon.com
Date Submitted
3/29/2024
Nearest Body of Water
Buffalo Creek
Basin
Neuse
Water Classification
C;NSW
Site Coordinates
Latitude:
35.758177
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Longitude:
-78.372486
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas
1c. Primary Contact Phone:*
(919)805-4208
$570.00
$767.00
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.'
10/11/2023
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1e. Is this notification solely for the record because written approval is not required? "
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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
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:
Dependable Development Inc
2b. Deed book and page no.:
2c. Contact Person:
Jon Ward
2d. Address
Street Address
2649 Breckenridge Center Drive
Address Line 2
Suite 104
city
Monroe
Postal / Zip Code
28110
2e. Telephone Number:
(714)425-4732
2g. Email Address:"
jward@truehomesusa.com
4. Agent/Consultant (if applicable)
4a. Name:
Jeff Harbour
4b. Business Name:
Terracon
4c.Address
Street Address
2401 Brentwood Road
Address Line 2
city
Raleigh
Postal / Zip Code
27604
4d. Telephone Number:
(919)805-4208
4f. Email Address:"
jeff.harbour@terracon.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Wendell
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
1005 Lake Glad Road
Address Line 2
city
Wendell
Postal / Zip Code
27591
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Buffalo Creek
3b. Water Resources Classification of nearest receiving water:
C;NSW
3c. What river basin(s) is your project located in?"
Neuse
State / Province / Region
NC
Country
u$
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
State / Province / Region
NC
Country
us
a
3d. Please provide the 12-digit HUC in which the project is located.
03020201
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:
The undeveloped property consists of fallow agriculture fields, pine woodlands, hardwood forest, and riverine swamp forest associated with Buffalo Creek. Surrounding land use is
residential with some remaining agriculture areas. Some representative photos of the site are included with this submittal.
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
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
The purpose of the project is to provide single family homes to the Wendell area. To achieve the full use of the property, infrastructure improvements are necessary. These include road
construction, storm water management and sewer line construction that will incur impacts to wetlands and waters as well as riparian buffers.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will entail development of a residential, single-family home community in Wendell, NC. The property will be accessed via two entrances off Lake Glad Road. The interior road
network will incur minor wetland impacts in two locations and are proposed under NWP 29. A man-made pond that has been drained and was deemed jurisdictional by USACE will incur
minor impacts from road construction as well. The proposed sewer line is proposed to be bored under wetlands and waters associated with Buffalo Creek.
Typical equipment will be used such as graders, excavators, dump trucks, etc.
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-2023-01986
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Carolina Ecosystems in 2019 and Terracon in 2023
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Reviewed site with Matt Martin of USACE on 12-6-2023
DWR buffer determination issued 10-2-2019 NBRR0#19-324
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 Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type* (?)
fTy- pe of W. *
2d. W. name
2e. Forested* �2f.
Type of Jurisdicition *
?)
�2g. Impact
area *
Impact Area 1
Road widening
P
Headwater Forest
wetland 3
Yes
Both
0.010
(acres)
Impact Area 2 Road fill P Headwater Forest wetland 1 No Both 0.200
(acres)
__]Impact Area 4 Sewer easement T �Fverine Swamp Forest wetland 5 Yes Both ��L]
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.100 0.210
2g. Total Wetland Impact
0.310
21. Comments:
Impact Area 4 will be a conversion impact and will be mitigated for at a 1:1 ratio (0.10 ac of mitigation)
Impact Areas 1 and 2 will be mitigated for at a 2:1 ratio(0.42 ac of mitigation)
3. Stream Impacts
❑
S1
3a. Reason for impact (?)
Road CrossingPermanent
3b.lmpact type"
3c. Type of impact*
Culvert
3d. S. name*
UT to Buffalo Creek
3e. Stream Type*
(?)
Intermittent
3f. Type of
Jurisdiction*
Both
3g. S. width
5
Average (feet)
3h. Impact
Ilength*
131
(linear feet)
S2
Road Crossing
Permanent
Rip Rap Fill
UT to Buffalo Creek
Intermittent
Both
Average (feet)
41
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
3i. Total temporary stream impacts:
172
0
3i. Total stream and ditch impacts:
172
3j. Comments:
S1 impact is 868 sf (0.019 ac) of loss
S2 impact 209 sf and is from embedded rip rap and is not a loss.
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
Allowable with Authorization (Area 3)
P
UT of Buffalo Creek
No
8,658
4,557
Allowable with Authorization (Area 4)
P
Buffalo Creek
No
40
)
Allowable with Authorization (Area 4)
T
Buffalo Creek
No
2,525
1,758
Deemed Allowable (Area 5)
P
UT of Buffalo Creek
No
941
1,123
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 2,525.00 1,758.00
Zone 1
Zone 2
Total Permanent impacts: 9,639.00
5,680.00
Zone 1
Zone 2
Total combined buffer impacts: 12,164.00
7,438.00
6i. Comments:
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 project design utilizes perpendicular crossings, crossings at narrow points where applicable, and avoids the majority of the sensitive aquatic
features located onsite. Impacts the main Buffalo Creek wetland system is avoided by the use of a bore to install the sewer line. The previous plan was
to have an aerial crossing that would have created impacts to the wetland and also FEMA compliance issues. Fill slopes have also been minimized. The
culverted stream crossing has also been minimized from 149 feet to 131 feet.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Jack and bore is being used for the sewer line along Lake Glad Road. Headwalls are being used to minimize stream channel disturbance. Rip -rap will be
directly embedded in the channel to prevent a loss of stream bed. Buffalo Creek will be crossed using a bore to avoid direct impacts to the wetland
system
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):
D W R 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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Neu -Con Wetland & Stream Umbrella Mit Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.52
3c. 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
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
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 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.
Town of Wendell
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.
Project is a single and complete project and is not s driver of development
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
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?
NCNHP report dated 10/11/2023 states no federal species are know from the area. A survey for Michaux's sumac was performed by Terracon in
September 2023. No evidence of the species was
identified. The aquatic species listed by USFWS should not be affected by this project as the Buffalo Creek swamp does not provide adequate habitat.
No suitable RCW habitat was observed onsite
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
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?"
No cultural resources are mapped on the http://gis.ncdcr.gov/hpoweb/ website.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?"
Yes No
8b. If yes, explain how project meets FEMA requirements:
Floodplain is present but impacts will be avoided by use of a direct bore for the sewer line
8c. What source(s) did you use to make the floodplain determination?"
NC Floodmaps
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
Edwards Property Drawings and Documentation.pdf 20.3MB
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:
Jeff Harbour
Signature
017ew- ,"
Date
3/29/2024
L