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.
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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
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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