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HomeMy WebLinkAbout20090060 Ver 2_ePCN Application_20240409i 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# * 20090060 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Robert Tankard:robert.tankard Information for Initial Review la. Name of project: Sand Ridge Harbor Marina 1a. Who is the Primary Contact?* Robert "Pete" Chiles, P.E. 1b. Primary Contact Email: * pete@chilesengineering.com Date Submitted 4/9/2024 Nearest Body of Water Neuse River Basin Nauss Water Classification Sc;Sw,NSW Site Coordinates Latitude: 35' 8'53.01"N A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Craven Is this a NCDMS Project Yes No Longitude: -77° 3'22.09"W Reviewing Office* Washington Regional Office - (252) 946-6481 1c. Primary Contact Phone:* (252)637-4702 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) 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 Are you a federal applicant?* Yes No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act. Project was permitted by CAMA, applying for new permit 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 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) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Jerry Pounds 2b. Deed book and page no.: IDS 2469 pg 0119 2c. Contact Person: Yes No Yes No 2d. Address Street Address 5839 ELEVATION RD Address Line 2 City Benson Postal / Zip Code 27504 2e. Telephone Number: (919)422-1175 2g. Email Address:* jerrypounds@hotmaii.com 4. Agent/Consultant (if applicable) 4a. Name: Robert "Pete" Chiles, P.E. 4b. Business Name: Robert Chiles Engineering 4c.Address Street Address 417 Broad St Address Line 2 STE A city New Bern Postal / Zip Code 28560 4d. Telephone Number: (252)637-4702 4f. Email Address:* pete@chilesengineedng.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Bridgeton 2. Project Identification 2a. Property Identification Number: 2-040-001,10001,10002 2c. Project Address Street Address 385 Sand Ridge Rd Address Line 2 city New Bern Postal / Zip Code 28560 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Neuse River 3b. Water Resources Classification of nearest receiving water: Sc;Sw,NSW 3c. What river basin(s) is your project located in?* Neuse State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (252)637-3100 2b. Property size: 88.5 State / Province / Region NC Country USA 0 3d. Please provide the 12-digit HUC in which the project is located. 030202040401 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 site is currently vacant with a single lane gravel/soil roadway into the site. The adjacent properties include residential single family housing to the north, vacant swampy land to the east, North Carolina Gamelands to the south in the center of the property, and vacant wooded wetlands to the east. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 4b(2). Is Any Portion of the Work Already Complete?" Yes No If yes, describe the completed work. Under the now expired CAMA Permit (41-09) work was begun on the boardwalk to the water. Work has ceased since the expiration of the permit. 4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401. NC DENR Stormwater Permit SW7090109(current) NC CAMA Permit 41-09(expired) 4f. List the total estimated acreage of all existing wetlands on the property: 47.9 acres 4g. List the total estimated linear feet of all existing streams on the property: 1266 4h. Explain the purpose of the proposed project:" Sand Ridge Harbor Marina will provide in water storage of privately owned vessels for the guests of the development and other interested parties. The expected daily operation will likely involve light activity during the week, less than 30 boats leaving and returning to the marina, and possibly double that number on the summer weekends. The owner desires to develop a marina on the eastern portion of the property along the shoreline. The development of the marine will involve the construction of a boardwalk from the upland areas to the water's edge, fixed piers to access the marina docks, and floating piers at the berths. Upland development will include a marina office, parking, recreational vehicle sites, primitive campsites, and a campground bath house and office. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The construction in the CAMA jurisdictional area will be constructed with standard marine construction equipment. The wooden causeway from the marina office to the waters edge will be constructed with a low ground pressure tracked excavator with vibratory hammer. The water based portion of the project will be constructed with floating equipment, typically a floating barge with pile driving equipment. The upland construction will be conducted with standard equipment tracked excavator, bull dozer, dumptruck, motor grader. 4k. Will this activity involve dredging in wetlands or waters? Yes No If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No C Unknown Comments: in 2008, Tracy Wheeler, US ACOE, flagged the wetlands at the marina 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): Tracy Wheeler Agency/Consultant Company: US Army Corps of Engineers Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 6. Future Project Plans 6a. Is this a phased project?* Yes _, No 6b. If yes, explain. The initial development will be on the eastern portion of the property and involve the construction of the Marina, parking, Offices, Bath Houses, RV spaces and gravel roadways. The western portion will be built once the marina is established. 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? 7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) Lonnie Leon & Catherine Collins, 543 Boxelder Drive, Rolla, MO 65401 James N. & Joanna R. French, 1744 Franks Avenue, New Bern, NC 28560 State of North Carolina, State Property Office, 116 W Jones Street, Room 4055, Raleigh, NC 27603 8. Scheduling of Activity: Begin construction once permitting is approved 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 2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: No material will be discharged into the wetlands, open waters, or buffers 3i. Total cubic yard stream impacts:* 0 4g. Total cubic yard open water impacts: 0 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: No excavation, filling, or other activity aside from the pile driving will take place in the buffers, wetlands or open waters. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Low ground pressure machinery on mats will limit any soil disturbance 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: No impact 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 Comments: Low Density Stormwater permit already approved; SW7090109(current) G. Supplementary Information 1. Environmental Documentation L 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 213.02111 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. 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 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? With the initial CAMA Permit, a State Environmental Protection Act (SEPA) Environmental Assesment was conducted, and ruled out any impact to Endangered Species and Designated Critical Habitat. 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 original permit's SEPA Environmental Assesment 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? A archeological investigation was conducted on the site and no historic or cultural designated status was noted in that report. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: The only development in the flood plain will involve the marina construction. No structures or residences will be in the flood plain. 8c. What source(s) did you use to make the floodplain determination? fris.nc.gov Miscellaneous 0 u 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 2023012-Sandridge Harbor Marina Plans 7 sheets.pdf 2.33MB authorized agent form.pdf 43.42KB 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: Robert M. Chiles, Jr Signature MO�LrAl crlicss. * Date 4/9/2024 8