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HomeMy WebLinkAbout20240700 Ver 1_ePCN Application_20240516DW 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# * 20240700 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Wilmington Regional Office - (910) 796-7215 Information for Initial Review 1a. Name of project: Business Drive Parcels 2 & 3 la. Who is the Primary Contact?* Drew Logan 1b. Primary Contact Email:* dlogan@vanguardpg.com Date Submitted 5/16/2024 Nearest Body of Water Newport River Basin White Oak Water Classification C Site Coordinates Latitude: 34.740847 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Carteret Is this a NCDMS Project Yes No Longitude: -76.795302 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Michael Meilinger:Michael.Meilinger 1c. Primary Contact Phone:* (919)291-9789 $570.00 $767.00 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: The Ramsey QOZB LLC 2b. Deed book and page no.: DB 1761, page 059 2c. Contact Person: William E. Ramsey, III 2d.Address Street Address 701 Exposition Place, Suite 118 Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27515 USA Yes No Yes No 2e. Telephone Number: (919)291-8789 2g. Email Address:* bramsey@wajmanagement.com 4. Agent/Consultant (if applicable) 4a. Name: Roy Brownlow 4b. Business Name: Tidewater Associates, Inc. 4c.Address Street Address 604E Cedar Point Blvd Address Line 2 city Cedar Point Postal / Zip Code 28584 4d. Telephone Number: (252)393-6101 4f. Email Address:* RBrownlow@TidewaterENC.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Morehead City 2. Project Identification 2a. Property Identification Number: 636601271889000,636601184022000 2c. Project Address Street Address 5043 & 5077 Business Drive Address Line 2 city Morehead City Postal / Zip Code 28557 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Newport River 3b. Water Resources Classification of nearest receiving water:' C 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203010406 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 14 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 existing tracts where this proposed project would be located have been previously cleared and graded light agriculture. The general use in the vicinity of this project is commercial and light industrial. There are three existing culvert pipe crossings along the northern border of the property transecting the resource that may be subject to Section 404. O 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: 0.29 4g. List the total estimated linear feet of all existing streams on the property: 315 4h. Explain the purpose of the proposed project:* The proposed project involves a resource impact to construct a road crossing to access a proposed 9-lot commercial subdivision. The resource may be subject to Section 404. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" The overall project is to develop a 9-lot commercial and light industrial property. The property will have road approved for commericial/industrial use as specified by the municipal code specifications. The would be buildings on each of the proposed lots and would be custom built to suit the tenantlowner's specifications. The area consists of 14 acres of previously cleared and graded upland agriculture area. There is approximately 315 linear feet of perennial stream running north and south along the eastern end of the property. There are possibly 2,020 linear feet of resource that may be potentially waters of the U.S. and subject to Section 404 within an existing ditch that transects the property both north and south and borders the northern and eastern areas of the property, and part of the southern property border. These resources have existing piped crossings along the northern boundary. There is also a 1,800 linear feet remnant agriculture non -aquatic wetland drainage ditch that also transacts the property north to south and borders the property along the west and south property boundaries. To access the property, 2,271 square feet, or 0.05 acre of aquatic resource that may be subject to Section 404 would need to be permanently impacted with clean earthen fill for a road crossing and to access Lot 4. The work would be done with typical mechanized earth -moving equipment such as a long -arm excavator, backhoe, and a dozer. The resource crossings would be limited to only that area minimally necessary to allow passage of construction equipment to prepare for the installation of the crossing and to execute upland construction on the opposing side of the crossing. All work would be completed in the minimum time necessary and no work would be performed until the appropriate sedimentation and erosion control features are installed and effectively functioning as intended. All state and federal permit terms, conditions, and requirements would be implemented. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O Unknown Comments: A Preliminary Jurisdictional Determination application was submitted to the USACE on 10/11/2023 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): Cameron Owens, Environmental Scientist Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Yes Davey Resource Group, Inc 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? N/A D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts Buffers 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. * 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * ?) �2g. Impact area * crossing L Unknown non -wetland No Both 0.050 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.050 2g. Total Permanent Wetland Impact 0,050 2i. Comments: Nonjurisdictional drainage ditch to be permanently impacted with fill for property access. 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: All work would be the minimum necessary to have reasonable use and access to the property. Because the ditch transects the entire property, there is no way to avoid this impact. This impact is necessary to be able to reasonably use the property. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All work would be the minimum necessary to have reasonable use and access to the property. would be completed in the minimum time necessary and no work would be performed until the appropriate sedimentation and erosion control features are installed and effectively functioning as intended. All state and federal permit terms, conditions, and requirements would be implemented. 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: Less than the required threshold. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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: Not within a riparian or river basin 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 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 la. 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) 8 O 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 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 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? USFWS IPAC; Project Code 2024-0090891 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? EFH Mapper online 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?" NCDNCR online map 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: FIRM Zone AE 9 is on the extreme eastern boundary of the property (.32 acre out of 14 acres). No structures or infrastructure would be located within the narrow band that is on the property. The property is otherwise 99.9 % zone X or non flood hazard area. 8c. What source(s) did you use to make the floodplain determination?" online NCFRIS mapper 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 Business Dr SE_Ramsey_QOZB_PCN.ApplicationPackage.05.16.24_Compressed.pdf 4.15MB File must be PDF or KMZ Comments A PJD was submitted to the USACE representative, Tom Charles on 10/11/2023. Since that time, Emily Hughes has replaced Tom Charles as the USACE Representative in Carteret County. As this date, there has been no action taken by the Corps on the PJD request. Signature 0 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: Roy D. Brownlow Signature 1?0/ 9. 3rOW1,10w Date 5/16/2024