HomeMy WebLinkAbout20240524 Ver 1_ePCN Application_20240404DW 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# *
20240524 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*
Wilmington Regional Office - (910) 796-7215
Holley Snider: Holley.Snider
Information for Initial Review
1a. Name of project:
Ponder County K-8 School
la. Who is the Primary Contact?*
Rick Toone
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
rtrone@withersravenel.com (919)538-8184
Date Submitted
4/4/2024
Nearest Body of Water
Harrison's Creek
Basin
Cape Fear
Water Classification
C; SW
Site Coordinates
Latitude: Longitude:
34.372295-77.736293
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Pender
Is this a NCDMS Project
Yes No
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
39 - Commercial/Institutional 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:
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:
Pander County
2b. Deed book and page no.:
4820/2685
2c. Contact Person:
Allen Vann
2d.Address
Street Address
805 S. Walker Street
Address Line 2
City
State / Province / Region
Burgaw
NC
Postal / Zip Code
Country
28425
USA
Yes No
Yes No
2e. Telephone Number:
(910)259-1200
2g. Email Address:'
adennis@moseleyarchitects.com
4. Agent/Consultant (if applicable)
4a. Name:
Rick Trone
4b. Business Name:
WithersRavenel
4c.Address
Street Address
115 MacKenan Drive
Address Line 2
city
Cary
Postal / Zip Code
27511
4d. Telephone Number:
(919)538-8184
4f. Email Address:"
rtrone@gmail.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Hampstead, NC
2. Project Identification
2a. Property Identification Number:
3282-28-1109-0000
2c. Project Address
Street Address
Hwy 210 W
Address Line 2
city
Hampstead
Postal / Zip Code
28411
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Harrison's Creek
3b. Water Resources Classification of nearest receiving water:'
Q 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.
030300070804
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
164.52
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 site is currently vacant and wooded. General land use in the vicinity of the project site is primarily residential.
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:
63.1
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 proposed project is the construction of a Kindergarten — 8th grade public school to meet the existing deficit and growing demand for public schools in Pender County.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed school is needed to meet the needs of a growing population in Pender County, particularly in the eastern part of the county. The corridor along US 17 in Pander County and
neighboring counties have seen a huge growth following the Covid pandemic. The development of more commercial and housing is increasingly bringing more families to the area. The
current classrooms within the eastern part of the county are overcrowded and this new school will help alleviate that and better position the county for additional growth over the next
decade. The school will be constructed in one phase.
The project consists of the construction of the following:
102 classrooms
• 13,965 square feet of administrative space
4,880 square feet of indoor recreation space
• 9,000 square foot of seating for a theater
Outdoor sports space with a 200-seat baseball field and soccer field
Construction of infrastructure (roads, utilities, stormwater management, etc.)
Road Crossings and Grading. 0.363 acres of permanent wetland and Non -Wetland waters Qurisdictional ditch) impacts for the following:
• Impacts W1-W4 (0.334 ac) — wetland impacts for construction of the internal road network including the primary site entrance from HWY 210, the primary east -west internal road and the
north -south peripheral road on the western side of the project to provide access to developable uplands on the south side of the site and facilitate traffic circulation.
• Impact S1 (79 If/0.013 ac) - for a crossing of Non -Wetland feature S1 Qurisdictional ditch) to construct the northern portion of the peripheral access road.
• Impact S2 (86 If/0.015 ac) - for a second crossing of Non -Wetland feature S1 Qurisdictional ditch) for construction of a sidewalk foot path for access between the main campus and the
bus/athletic fields. This crossing will also be used for small maintenance equipment and water and sewer lines will be located adjacent to it.
• Impacts S4 and S5 (397 If/0.0.039 ac) - for impacts to Non -Wetland features D2 & D3 Qurisdictional ditches) that extend west into the interior of the site from feature S1. D2 and D3 are
proposed to be permanently impacted for construction of the main campus and sidewalk crossings.
• Impact S6 (89 If/0.016 ac) — for a third crossing of Non -Wetland feature S1 (jurisdictional ditch) for construction of the southern portion of the peripheral access road.
Typical construction equipment will be used to prepare the site and construct the school.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No
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-2023-01398
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: ECS
Other:
6. Future Project Plans
6a. Is this a phased project?*
O Unknown
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* (?) 2c. Type of W. 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * 2g. Impact
(?) area *
Q
W1
Road Construction
P
Unknown
Wetland 1
Yes
--]
Both
0.108
(acres)
W2
Road Construction
P
Unknown
Wetland 2
Yes
Both
0.034
acres)
W3
Road Construction
P JUnknown
Wetland 4
Yes
Both
0.120
(acres)
W4
Road Construction
P
Unknown
Wetland 6
Yes
Both
0.072
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.334
2i. Comments:
3. Stream Impacts
29. Total Permanent Wetland Impact
0.334
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name*
3e. Stream Type*
Type of3h.
Impact
(?)
*
L13f.risdiction
length*
S1
Road Crossing
Permanent
Culvert
S1
Jurisdictional Ditch
Corps
79
Average (feet)
(linear feet)
S2
Sidewalk Crossing
Permanent
Culvert
S1
Jurisdictional Ditch
Corps
86
Average (feet)
(linear feet)
S3
Site Construction
Permanent
Fill
Ditch 2
Jurisdictional Ditch
Corps
194
Aveage (feet)
(linear feet)
S4
Site Construction
Permanent
Fill
Ditch 3
Jurisdictional Ditch
Corps
203
Average (feet)
(linear feet)
S5
Road Crossing
Permanent
Culvert
S1
Jurisdictional Ditch
Corps
89
Average ((eeQ
(linear feet)
31. Total jurisdictional ditch impact in square feet:
3,290
3i. Total permanent stream impacts:
651
3i. Total stream and ditch impacts:
651
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
0
u
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be
minimized.
Proposed permanent impacts for construction of the K-8 school and infrastructure have been minimized to only those necessary for construction of the
internal road network and additional jurisdictional ditch impacts for the facility. There are no wetland impacts for stormwater control, buildings, parking, or
utilities. Wetlands surround the site, and the proposed facility has been designed around jurisdictional features to the greatest extent possible.
The extensive interior road network is intended to provide adequate queuing for morning and afternoon drop-off and pick-up. With the school projected
to serve over 2,000 students, NCDOT requires nearly 7,200 linear feet of queuing space to keep drop-off/pickup traffic from backing up onto HWY 210.
The design allows passenger cars to stay within the west side of the site while buses travelon the east side of the site in order to prevent comingling of
passenger/bus travel.
Wetland and ditch impacts (Impacts W1, W2, W4, S1 S4, S5, and S6 for the internal road network were dictated by site design. In designing the site
around the wetlands to minimize impacts to the greatest extent possible, there is limited space for the parking lot and internal circulation. Along Wetland
6 there is very little room to adjust due to the need to maintain separation between the drive and parking as well as separation between parking areas
and the school. It is necessary to raise the site approximately 5-6' to ensure proper drainage. The areas between the passenger vehicle road and
Wetland 6 will be used to return to existing grade and the space between the parking and the drive will be used for a drainage swale.
Feature S1 (jurisdictional ditch) bisects the eastern side of the site south to north and therefore cannot be avoided. Because of the location of Feature
S1 (jurisdictional ditch), impacts for the circular peripheral road are necessary. Similarly, impact S2 for the sidewalk that provides pedestrian access
between the main campus and sports fields cannot be avoided. It was necessary to align the sidewalk with the school's entry plaza meaning it cannot be
shifted without changing the main campus building layout. The sidewalk is necessary to provide pedestrian access to the sports fields, away from
vehicular and bus traffic.
Features D2 and D3 are jurisdictional ditches which extend northwest into the site from Feature St. Because the proposed facility was designed to fit
into the developable uplands and minimize impacts to wetlands, it was not feasible to minimize or avoid impacts to D2 and D3 because of their
geographical location in the center of the site.
Additional wetland impacts are necessary for one of the site entrances (Impact W3). Having two separate accesses will allow for a designated travel
route for buses and a separate travel route for drop-off/pickup traffic, student traffic and employee traffic. This separation of traffic will allow for better
traffic circulation and improved safety by significantly reducing the interaction between buses and other school traffic. Shifting the proposed eastern
entrance to the west is not an option because per NCDOT policy for street and driveway access to North Carolina highways, enough distance must be
given between the two driveways so that no undue impairment of safety, mobility, and utility of the highway occurs. Due to the high volumes of traffic that
are expected to be generated by the school, that distance between the driveways as shown on the plans is needed to meet these requirements. There
will be road improvements eventually designed that will include a left turn lane into the site which will require this separation for prior traffic movements
and safety. A culvert will be installed at the eastern crossing to maintain hydrological connection between Wetlands 2 and 3.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction. Matting will be
used where necessary to minimize the extent of impacts within the construction corridor. Silt fencing will be installed around all disturbed areas to
prevent sediment from escaping into undisturbed wetlands, and access during construction will be within uplands.
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)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
0.8
4h. Comments
Please see attached Letter of Acceptance from NCDMS.
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
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:
Project is in the Cape Fear River Basin (non -Jordan watershed) which is not a buffered basin.
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
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
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
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments:*
Proposed project does not meet the requirements for preparation of an environmental document pursuant to NEPA or SEPA.
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 will not result in any additional development that could impact nearby downstream water quality.
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.
Sewer connection will be provided to the proposed school at a later date under a separate project.
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?
WithersRavenel (WR)completed a threatened and endangered species survey in February 2024. A copy of the WR Threatened & Endangered Species
Assessment Report has been provided as an attachment. The survey determined that the only potential habitat within the site for federally listed species
was for northern long-eared bat (NLEB) and tricolored bat. WR completed USFWS online consultation process for all species listed on the IPaC targeted
list which determined the project was not likely to adversely affect federally listed species, as well as a Consistency Determination for NLEB which
determined the project is not reasonably certain to cause an incidental take of NLEB. Copies of the online consultation and Consistency Determination
for NLEB has been provided as attachments.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?'
Yes No
Are there submerged aquatic vegetation (SAV) around the project vicinity?"
Yes
No
G Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.htmi. The EFH
mapper classifies EFH 2.7 miles southwest of the proposed project, as Essential Fish Habitat. However, the project will not result in adverse impacts to
Essential Fish Habitat within this area.
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?"
WR submitted a project request to SHPO on February 14, 2024. SHPO issued a letter on February 28, 2024 indicating they were aware of no historic
resources which would be affected by the proposed project. Please see the attached SHPO letter.
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 maps.
Miscellaneous
O
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
Pander Co K-8 School_TE Assessment Report 4-2-24.pdf 7.39MB
NLEB Dkey.pdf 187.49KB
Pander Co K-8 School—USFWS self certification 4-2-24.pdf 423.59KB
Cover Letter and Attachments.pdf 15.73MB
File must be PDF or KMZ
Comments
Please see attachments and Cover Letter.
Additional attachments: WithersRavenel Threatened and Endangered Species Assessment Report, USFWS Self -Certification Letter, and USFWS Determination Key for Northern long-
eared Bat.
Signature O
p 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:
Rick Trone
Signature
44 T"M
Date
4/4/2024