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HomeMy WebLinkAbout20240508 Ver 1_ePCN Application_20240401i 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# * 20240508 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Zachary Thomas:zachary.thomas Information for Initial Review la. Name of project: COURTESY COPY Jones Tract Subdivision (aka Covered Bridge Road) 1a. Who is the Primary Contact?* Jennifer Burdette 1b. Primary Contact Email: * burdette@nrconsultnc.com Date Submitted 4/1 /2024 Nearest Body of Water UT Neuse River Basin Nauss Water Classification WS-V; NSW Site Coordinates Latitude: Longitude: 35.679989-78.470209 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Johnston Is this a NCDMS Project Yes No Reviewing Office* Raleigh Regional Office - (919) 791-4200 1c. Primary Contact Phone:* (919)422-3605 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: 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: Shelton Norwood and Judy Jones 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address 41 Stone Drive Address Line 2 City Brevard Postal / Zip Code 28712 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (828)553-3882 2g. Email Address: shelton@jgl-law.com 2a. Name(s) on recorded deed: Larry Y Jones Revocable Trust 2b. Deed book and page no 2c. Contact Person: 2d. Address Street Address 439 Covered Bridge Road Address Line 2 city Clayton Postal / Zip Code 27520 2e. Telephone Number: (919)631-5468 2g. Email Address:* shelton@jgl-law.com 2a. Name(s) on recorded deed: Everett and Bernice Jones Trust 2b. Deed book and page no 2c. Contact Person: 2d. Address Street Address 41 Stone Drive Address Line 2 city Brevard Postal / Zip Code 28712 2e. Telephone Number: (828)553-3882 2g. Email Address: shelton@jgl-law.com 3. Applicant Information (if different from owner) 3a. Name: James Lipscomb 3b. Business Name: Lipscomb Development 3c. Address Street Address 2407 Barber Mill Road Address Line 2 City Clayton Postal / Zip Code 27520 3d. Telephone Number: (919)422-4704 3f. Email Address:* james@myhtr.com 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Burdette 4b. Business Name: Natural Resource Consultants, LLC 4c.Address Street Address 308 W. Millbrook Road Address Line 2 Ste D #200 city Raleigh Postal / Zip Code 27609 4d. Telephone Number: (919)422-3605 4f. Email Address:* burdette@nrconsultnc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Clayton 2. Project Identification State / Province / Region NC Country USA 4e. Fax Number: a 2a. Property Identification Number: 175000-82-0201, 175000-72-3300, 175000- 2b. Property size: 82-5012,175000-73-7179 86 2c. Project Address Street Address Site is located off Covered Bridge Road and accessed via Queens Ferry Lane Address Line 2 City State / Province / Region Clayton NC Postal / Zip Code Country 27520 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: UT Neuse River 3b. Water Resources Classification of nearest receiving water: WS-V; NSW 3c. What river basins) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011103 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 proposed project is located on the north side of Covered Bridge Road, west of Bobbitt Road, in Clayton, Johnston County, North Carolina. The site will be accessed via Queens Ferry Lane. The site is currently undeveloped and consists primarily of upland mixed hardwood and pine forest. Approximately eleven acres within the southern portion of the site was previously farmed. Land use within the vicinity of the project is predominately residential. Please refer to the attached USGS Location Map (Figure 1), Johnston County Soil Survey Map (Figure 2B), and Aerial Map (Figure 3) for more information on the project setting. 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: 0.289 AC 4g. List the total estimated linear feet of all existing streams on the property: 5,524 LF 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to establish the Jones Tract residential development and associated infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Infrastructure necessary to support the proposed residential development includes roads, utility connections, and stormwater treatment facilities. Approximately 0.052 AC of wetland (Impact W1) will be impacted by fill material to extend Queens Ferry Lane, an existing roadway, which will provide primary access to the proposed subdivision. There are no stream or wetland impacts associated with the subdivision's internal road network, secondary access road connecting to Covered Bridge Road, stormwater treatment devices, or utilities. Overall, the proposed road network and lot layout maximize buildable space and site access, while minimizing impacts to jurisdictional features. The proposed project qualifies for coverage under Water Quality General Certification 4256 (GC 4256) from the NC Division of Water Resources (DWR). The project does not meet any of the circumstances or thresholds identified in items a) through j) of GC 4256. Therefore, written authorization for the project is not required from the DWR, provided all activity -specific and general conditions included on pages 4 through 18 are met. The project is also located within the Neuse River Basin, which is subject to the Neuse buffer rules (15A NCAC 02B .0714) overseen by the DWR. The project as proposed will not encroach upon stream buffers. Heavy equipment typical for earth -moving and construction will be utilized for the proposed project, such as track hoes, dump trucks, and graders. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Comments: NRC conducted a stream and wetland delineation of the site on September 17 and September 28, 2021. 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: A PJD request is being submitted to the USACE under a separate cover. 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jennifer Burdette, Alec Pierzga Agency/Consultant Company: Other: Natural Resource Consultants, LLC O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR DWR issued the attached buffer determination letter on May 19, 2022. 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 la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts O 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of JurisdicitiI ?) 2g. Impact area * ad Construction RoE�] P Headwater Forest W6 Yes Both 0.052 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.052 2g. Total Permanent Wetland Impact 0.052 2i. Comments: E. Impact Justification and Mitigation 0 u 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant obtained a delineation of surface waters and wetlands on the site prior to designing the project to avoid and minimize impacts to these resources to the maximum extent practicable. One small wetland area is situated in the upper portion of a drainage way. In order to maximize areas for on -site septic systems, the extension of Queens Ferry Road is aligned with this drainage way. The size and location of this wetland make it impractical to avoid. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A Sediment and Erosion Control Plan for the project will be planned and approved by Johnston County, and the project will comply with the supplementary NPDES Construction Stormwater Permit (NCG010000). 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: Permanent loss of Waters of the US (Impact W1, 0.052 AC) is below the 0.10 AC wetland mitigation 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 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 Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Town of Clayton 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 n 3b. If you answered "no," provide a short narrative description. This low -density residential subdivision is not anticipated to result in additional development. 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. The project will utilize on -site 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 5c. 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? On May 6, 2022, a protected species assessment was submitted to the Raleigh Office of the USFWS including an official species list generated by the USFWS IPaC website and a NCNHP report for the project area. A self -certification letter, species conclusion table, and email submittal are attached. No response to the assessment has been received. 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? The NOAA Essential Fish Habitat (EFH) Mapper (http://habitat.noaa.gov/protection/efh/efhmapper/) was accessed on December 19, 2023. 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? NCSHPO issued the attached letter dated May 10, 2022, indicating that they are not aware of any historic resources that would be affected by the project. 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?* NCFIRM Map Number 3720175000L, Panel 1750 effective 7119/2022. 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 Jones Tract PCN Ltr + Attachments_Optimized.pdf 5.71 M B 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: Jennifer Burdette Signature �I ffw&,,Cld Date 4/1/2024 M