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
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