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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