Loading...
HomeMy WebLinkAbout20240705 Ver 1_ePCN Application_20240517DW 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# * 20240705 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: Southerland Mills la. Who is the Primary Contact?* Deborah Shirley 1b. Primary Contact Email:* dshirley@sandec.com Date Submitted 5/17/2024 Nearest Body of Water Neuse River Basin Neuse Water Classification WS-IV:NSW Site Coordinates Latitude: 35.605602 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Johnston Is this a NCDMS Project Yes No Longitude: -78.349755 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Zachary Thomas:zachary.thomas 1c. Primary Contact Phone:* (919)846-5900 $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 29 - Residential 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: 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 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 401 Water Quality Certification - Express Riparian Buffer Authorization 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: Capital Properties of Raleigh IX, LLC 2b. Deed book and page no.: DB: 06306 DP: 0402 2c. Contact Person: Andy Mills 2d.Address Street Address 4112 Blue Ridge Rd Address Line 2 Suite 210 City State / Province / Region Raleigh NC Postal / Zip Code Country 27612 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (910)233-8581 2g. Email Address:* andy@shenandoahhomes.us 4. Agent/Consultant (if applicable) 4a. Name: Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, Inc. 4c.Address Street Address 8412 Falls of Neuse Road Address Line 2 Suite 104 City State / Province / Region Raleigh NC Postal / Zip Code Country 27615 USA 4d. Telephone Number: 4e. Fax Number: (919)846-5900 (919)846-9467 4f. Email Address:* dshirley@sandec.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Wilson's Mills 2. Proiect Identification 2a. Property Identification Number: 169701-57-0173 2c. Project Address Street Address Southerland Road Address Line 2 city Wilson's Mills Postal / Zip Code 27527 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Neuse River 3b. Water Resources Classification of nearest receiving water: WS-IV;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011104 4. Project Description and History 2b. Property size: +/- 214.79 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: * Existing conditions onsite consists primarily of forested and cut land. Specifically, there are ten (10) wetland features (i.e. WA, WB, WC, WD, WE, WF, WG, WH, WI and WJ), seven (7) streams (i.e. SA, SB, SC, SD, SE, SF, and SG) and one (1) pond feature (i.e. PA) located on property. The offsite forcemain has two (2) wetland features (W1 & W2) and one (1) stream (A) as identified on the S&EC Offsite Sketch Map. General land use in the vicinity of the project consists of forested land and residential developments. Southerland Rd bounds the property to the south and Fire Department Rd bounds the property to the east. The Neuse River bounds the property to the Northeast. 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: Approximately 18.29 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 9,045 linear feet 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to construct a residential development and its necessary infrastructure. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The overall project consists of the construction of a single-family residential development (388 lots) including but not limited to; roadway infrastructure, residential lots, utilities, pool, amenity area, SCMs and an offsite Forcemain connection. Specifically, there are stream, wetland and riparian buffer impacts associated with road crossings and fill needed fora drainage system. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O 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: SAW-2021-02386 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Lisa Long Agency/Consultant Company: Spangler Environmental, Inc Other: Offsite forcemain delineated by Steven Ball (S&EC) 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Onsite- USACE: PJD issued on March 4, 2022 by Chris Hopper. NDWR: Buffer determination issued by Joe Myers on November 22, 2021 (NBRRO# 21-347). Offsite-S&EC completed a delineation from the proposed site along Southerland Road and Fire Department Road, until the intersection of Harrison Road. S&EC sketch map included, riparian buffers were not contested on the one stream A. 6. Future Project Plans 6a. Is this a phased project?* Yes 0 No 6b. If yes, explain. Per the project engineer - This project will be constructed in 4 phases, all phases included in this application submittal. 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? It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated. 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 O Impact 2B 2a1 Reason (?) Fill/drainage system 2b. Impact type* (?)]2c. P Type of W. * Headwater Forest 2d. W. name �WA 2e. Forested* Yes 2f. Type of Jurisdicition * (?) Both 2g• Impact area * 0.039 (acres) Impact 2A Road Fill P Headwater Forest WI Yes Both 0.030 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.069 2i. Comments: Total permanent loss wetland = 0.069 acres 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.069 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 ❑ M Jurisdiction* liength* S1 Impact 1- Road Crossing Permanent Culvert Stream F Perennial Both 124 Average (feet) (linear feet) Sp Impact 1- Road Crossing - Permanent Other Stream F Perennial Both 3 40 Permanent No Permanent Average (feet) (linear feet) Loss- Riprap dissipator pad S3 Impact 1- Road Crossing - Temporary Other Stream F Perennial Both 2 14 Temporary construction access Average (feet) (linear feet) gq Impact 2A- Road Crossing Permanent Culvert Stream A Perennial Both 129 Average (feet) (linear feet) S5 Impact 2A- Permanent No Permanent Other Stream A Perennial Both EEI- 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 307 14 3i. Total stream and ditch impacts: 321 3j. Comments: Total permanent loss stream = 253 LF (0.015 acres); Total permanent -no permanent loss stream = 54 LF (0.003 acres); Total temporary stream = 14 LF (0.0007 acres) 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact 1 - Road Crossing P Stream F No 8,157 5,355 Impact 2A - Road Crossing P Stream A No 8,660 5,798 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 Zone 2 0.00 0.00 Zone 1 Zone 2 16,817.00 11,153.00 Zone 1 Zone 2 16,817.00 11,153.00 E. Impact Justification and Mitigation 0 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: An onsite wetland delineation and Neuse River Buffer evaluation for the entire property was completed by a different consulting firm in order to identify natural resources so that impacts could be avoided and minimized to the maximum extent practicable. Additionally, an offsite wetland and Neuse Buffer evaluation was completed by S&EC for the proposed Forcemain. Proposed onsite impacts include two road crossings and one area of wetland fill needed for a drainage system. Impact 1 is a proposed road crossing. Proposed impacts include permanent (i.e. culvert & headwalls), permanent -no permanent loss (i.e. riprap dissipator) and temporary (i.e. construction access) stream impacts and associated riparian buffer impacts. This road crossing is necessary to provide access to the northwestern portion of the property. Stream and riparian buffer impacts have been minimized by utilizing head walls and retaining walls at the crossing, and by designing the crossing at a near perpendicular angle. Impact 2A is proposed road crossing. Proposed impacts include permanent (i.e. culvert & headwalls) and permanent -no permanent loss (i.e. riprap dissipator) stream impacts, permanent wetland impacts and associated riparian buffer impacts. This road crossing is necessary to provide access from the existing Hazel Street and is required by Wilson's Mills. Stream, wetland and riparian buffer impacts have been minimized by utilizing a head wall and retaining walls at the crossing. Impact 2B is proposed fill for a drainage system. Proposed impacts include permanent wetland loss. This impact is necessary to install a drainage system for the propose of conveying the street drainage around the wetland and the retaining wall in order to get enough cover to get it to a discharge point so it can flow into a vegetative swale prior to reaching the stream buffer. Wetland impacts have been minimized by utilizing a retaining wall. Stream and wetland impacts have been avoided for the offsite Forcemain by utilizing directional drill construction method. A pump around will be used during the construction of the road crossings to avoid/minimize sedimentation getting into the streams. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Per the project engineer - During the construction of the proposed impacts, cofferdams, pump around systems and silt fencing will wrap the wetlands. Offsite, the forcemain will be installed via directional drill construction method. 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: Permanent loss stream impacts are less than 0.02 acres, permanent loss wetland impacts are less than 0.10 acre. Impacts have been avoided to the maximum extent practicable. Therefore compensatory mitigation in the form of mitigation payment has not been proposed. 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 Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Town of Wilson Mills Comments: Wet detention basins designed per Johnston County Specifications will be utilized. This project is considered low density due to the impervious coverage aUbelow 24 % . 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 0 a 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. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Southerland Mills project is a residential development. Additionally, the project is located within the Wilson's Mills jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers. We anticipate that the DWR will advise us if any additional information is needed. 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. All units will be served by Johnston County Public Sewer and all wastewater will be treated at a Johnston County Public wastewater Treatment Plant. The estimated capacity is 9.5 million gallons per day. 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? S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on February 14, 2022. S&EC received response from USFWS on April 5, 2022 that they concurred with the determinations made by S&EC that the proposed actions is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report and correspondence from USFWS. 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 NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 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? * S&EC completed a SHPO Environmental Review Request and submitted it on January 31, 2022. SHPO provided a response letter on March 3, 2022 (ER-22-0441). 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?* NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. 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 PCN Attachments_Southerland Mills.pdf 28.46MB 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: Deborah Shirley Signature Oevw, ; c9 t/F� Date 5/17/2024