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HomeMy WebLinkAbout20240539 Ver 1_ePCN Application_20240409DWR 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# * 20240539 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Holley Snider:Holley.Snider Information for Initial Review la. Name of project: COURTESY COPY Blake Farm Pond 1a. Who is the Primary Contact? * Megan Dean 1b. Primary Contact Email: * megan@segi.us Date Submitted 4/9/2024 Nearest Body of Water Futch Creek Basin Cape Fear Water Classification SA;HQW Site Coordinates Latitude: Longitude: 34.20.41 N-77.46.14W 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 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (910)452-2711 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 58 - Utility Line Activities for Water and Other Substances (frequently used) 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: Pender1164 2b. Deed book and page no.: 4606/1545 ; 4369/255 2c. Contact Person: Blake Farm Pond, LLC Yes No Yes No 2d. Address Street Address 1022 Ashes Drive Address Line 2 Suite 201 city Wilmington Postal / Zip Code 28405 2e. Telephone Number: (719)623-1222 2g. Email Address:" mike@mcooklaw.com 3. Applicant Information (if different from owner) 3a. Name: Megan Dean 3b. Business Name: Southern Environmental Group, Inc 3c.Address Street Address 5315 South College Road Address Line 2 Suite E city Wilmington Postal / Zip Code 28412 3d. Telephone Number: (910)452-2711 3f. Email Address: megan@segi.us 4. Agent/Consultant (if applicable) 4a. Name: Megan Dean 4b. Business Name: Southern Environmental Group, Inc 4c.Address Street Address 5315 South College Road Address Line 2 Suite E city Wilmington Postal / Zip Code 28412 4d. Telephone Number: (910)452-2711 0. Email Address:' megan@segi.us C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Scott's Hill State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 8 2. Project Identification 2a. Property Identification Number: 3271-08-8507-000 & 3262-72-5914-0000 2b. Property size: 4.0 2c. Project Address Street Address TBD Address Line 2 city Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Futch Creek 3b. Water Resources Classification of nearest receiving water: SA;HQW 3c. What river basin(s) is your project located it * Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300070805 4. Project Description and History State / Province / Region Country 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:" Located above the Pluris Wastewater Treatment Plant off Sidbury Rd., this site presents a forested landscape with the wastewater pond directly below. There is an unnamed stream running across the southeastern corner of the site. 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: unknown 4g. List the total estimated linear feet of all existing streams on the property: top of bank 10ft 4h. Explain the purpose of the proposed project:* The purpose of this project is to install a water pipe that goes from the easement, under the unnamed stream, and into the pond to provide water. See Appendix D in attachment below. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The engineer for the project has planned to install erosion control prior to beginning any grading and digging operations. Grading of the property will be completed with bulldozers and backhoes. Use of temporary diversion ditches with check dams to prevent runoff along with the use of permanent ground cover to ensure site stabilization after completion of construction. Anticipating - 0.02 AC of temporary stream impact. Putting the pipe under the unnamed stream (see appendix D) is necessary as there are no other routes to effectively pull water. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 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 O 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts F 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact ?) Jurisdiction* length* S1 A water pipe to be installed Temporary Dewatering unnamed Perennial Both 10 232 under the stream to pump Ave age (feet) near feet) water into the pond 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 232 3j. Comments: total 695 sq ff of impact E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 232 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Placement of silt fence and/or tree protection fence at or inside the limits of disturbance to prevent sediment runoff and protect vegetation. Ensuring that grading activities remain within the denoted limits on the plan to avoid violations of the state erosion control ordinance. Adhering to state law by obtaining approval for erosion control plans before grading more than one acre of land. Providing ground cover on exposed slopes within 21 calendar days following the completion of any phase of grading to prevent erosion. Being prepared for additional erosion control measures as required by representatives of NCDEQ. Limiting slopes to a maximum grade of 3:1 to minimize erosion potential. Implementing additional erosion control devices as agreed upon by the field inspector, engineer, and owner to address site -specific needs. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Maintaining erosion control devices throughout all phases of construction until the site is fully stabilized, with additional devices as needed to control erosion and sedimentation. Regular inspection and repair of erosion control measures every seven days and within 24 hours of rainfall events to ensure effectiveness. Prompt removal of sediment from behind the silt fence when it reaches about 0.5 feet deep, and repairing or replacing the fence as necessary to maintain its function. Fertilizing, reseeding, and mulching areas as needed to maintain vigorous vegetative cover, in accordance with the vegetative plan. Weekly inspection of temporary diversions and immediate removal of sediment, repair of diversions, and timely outlet maintenance as needed to prevent erosion. 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: This is a temporary installation of the pipe to fill the pond and will not exist following the completion of this project. 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: This project does not include nor is adjacent to protected riparian buffers. 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 O O 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. Based on the plans for this site, there is no anticipated downstream impact considering they are cutting underneath the stream, are planning to establish and maintain BMP to protect the waterway in addition to being a temporary pipe, is not at risk for future disturbance. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 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? US Department of the Interior: Fish and Wildlife Service. Project code: 2024-0068079. Refer to Appendix G, H, & I 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 Fisheries Essential Fish Habitat. Refer to Appendix K in attachment below. 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?" NC SHPO HPOWEB2.0 Map. Refer to Appendix L in attachment below. 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?" FRIS NC Flood Map. Refer to Appendix M in attachment below. 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 Blake Farm Ponds LLC PCN Attachments (1).pdf 6.42MB 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: Megan Dean Signature 41 -ffim,�%" Date 4/9/2024