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HomeMy WebLinkAbout20240771 Ver 1_ePCN Application_20240603i 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# * 20240771 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 la. Name of project: Richlands High School Subdivision 1a. Who is the Primary Contact?* Kim Williams - Davey Resource Group, Inc. 1b. Primary Contact Email: * kim.williams@davey.com Date Submitted 6/3/2024 Nearest Body of Water Squires Run Basin White Oak Water Classification C:NSW Site Coordinates Latitude: 34.886847 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Onslow Is this a NCDMS Project Yes No Longitude: -77.540819 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Michael Meilinger:Michael.Meilinger 1c. Primary Contact Phone:* (910)452-0001 $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: Nationwide Permit (NWP) Number: 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 18 - Minor Discharges 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: Ellis Developments INC LLC 2b. Deed book and page no.: 2c. Contact Person: Stephen Ellis r Yes No Yes No 2d. Address Street Address 305 Church at North Hills Street, Suite 1110 Address Line 2 City Raleigh Postal / Zip Code 27609 2e. Telephone Number: (919)824-6088 2g. Email Address:* stephen@ellisdevgroup.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group, Inc. 4c.Address Street Address 3805 Wrightsville Ave; Suite 15 Address Line 2 city Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* kim.williams@davey.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Richlands High School Subdivision 1c. Nearest municipality / town: Richlands 2. Project Identification 2a. Property Identification Number: 026128,071391,071393 2c. Project Address Street Address Gum Branch Road Address Line 2 City Richlands Postal / Zip Code 28574 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Squires Run 3b. Water Resources Classification of nearest receiving water: C; NSW 3c. What river basin(s) is your project located in? White Oak State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 189.5 State / Province / Region NC Country USA 3d. Please provide the 12-digit HUC in which the project is located. 030203020101 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: * Most of the uplands within the site consist of fields. Squires Run forms the site's southeastern project boundary. Several tributaries of Squires Run extend into center and western part of the tract. Numerous jurisdictional and non -jurisdictional ditches transact the site. Wetlands are located adjacent to several of the streams and support black gum, red maple, and sweetgum trees and shrubs. Some forested uplands are located just above the wetlands and support a canopy of hickory and white oak with a shrub layer dominated by Chinese privet and American hornbeam. Adjacent land use is mostly undeveloped and forested and fields. A high school and elementary school are located just west 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: 33.5 4g. List the total estimated linear feet of all existing streams on the property: 10,100 4h. Explain the purpose of the proposed project: The purpose of the project is to construct a residential subdivision and commercial area within the site to meet the housing and retail needs of the community. Wetland, stream, and jurisdictional ditch impacts are needed for site access and lot development. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * This residential development will include single family lots (211 lots) and townhomes (128 units). Roads, utilities, stormwater ponds are also proposed. Commercial development will be located off Hwy 24 and Gum Branch Rd and will consist of several buildings, parking, and stormwater ponds. Roads will cross jurisdictional ditches (OW1 - OW2), a stream (S2), and wetlands (W2) in several locations. At the ditch and stream crossings, culverts will be installed to maintain hydrologic flow. W2 is the upper end of the wetland drain, therefore no culvert is needed at this location. Approximately 13 - 19 linear feet of rip rap will also be needed on the downstream end of the ditch and stream crossings to prevent scour. The top of the rip rap will be installed flush with the bottom of the channel resulting in no permanent loss in these areas. Three other non -stream channels will be filled/piped for commercial development (OW3) or multi -family development (OW4 & OW5). A sanitary sewer line will also cross a stream and its adjacent wetlands resulting in temporary impacts (W1 & S1). These areas will be open cut. Once the pipe is installed, the areas will be returned to pre -construction grade and seeded. Forested wetlands will be converted to a herbaceous, mowed wetland resulting in 0.01 acre of permanent wetland conversion. Some temporary impacts for construction access will be needed to install the ditch and stream crossings. Additionally, a pump -around system will be used to install the stream crossing (S2). Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. Site grading will occur as depicted on the site plan. Roadways and utilities will be installed. Then home/building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No G 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-2022-00062 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Corey Novak Agency/Consultant Company: Davey Resource Group, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Katharine Elks with the USACE issued an Approved JD on 3/13/23. 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 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 W1 2a1 Reason (?) Utility Line Crossing 2b. Impact type" (?) T 2c. Type of W. Ftt-mland Hardwood Forest 2d. W. name W1 2e. Forested" Yes . Type of Jurisdicition" r(If) Both 2g. Impact area 0.010 (acres) E777fad Crossing P Bottomland Hardwood Forest W2 Yes Both 0.077 acres) 2g. Total Temporary Wetland Impact 0.010 2g. Total Wetland Impact 0.087 2g. Total Permanent Wetland Impact 0.077 2i. Comments: Temporary wetland impacts are needed to install a sewer line. Once installed, the wetlands will be restored back to grade and seeded. The wetlands will need to be maintained/mowed, which will result in 0.01 acre of permanent wetland conversion. 3. Stream Impacts F I 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 Utility Line Crossing Temporary Excavation UT of Squires Run #1 Perennial Both 23 Averege (feet) (linear feet) g2 Road Crossing Permanent Culvert UT of Squires Run #2 Perennial Both 80 Average (feet) (linear feet) S3 Construction/Dewatering Temporary Dewatering UT of Squires Run #2 Perennial Both 28 Average (feet) (linear feet) S4 Rip Rap Permanent Rip Rap Fill UT of Squires Run #2 Perennial Both 6 18 Averege (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 98 3i. Total stream and ditch impacts: 149 31. Total temporary stream impacts: 51 3j. Comments: Permanent stream impacts are 98 LF (0.013 ac). Top of rip rap will be flush with bottom of channel. 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area OW1 Road Crossing P T1 Culverts Ditch 0.01 OW2 Road Crossing P T2 Culverts Ditch 0.01 OW3 Fill/Pipe P T3 Culverts Ditch 0.04 OW1A-OW3A Construction Corridor T T1-T3 Other -11 Ditch 0.01 OW1B-OW2B Rip Rap P T1-T3 Other Ditch 0.01 OW4 Fill P T4 Fill Ditch 0.01 OW5 Fill P T5 Fill Ditch 0.01 4g. Total temporary open water Impacts: 0.01 4g. Total open water impacts: 0.10 4h. Comments: Top of rip rap will be flush with bottom of channel. E. Impact Justification and Mitigation 4g. Total permanent open water impacts: 0.09 a 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The engineer revised the site plan several times to reduce impacts to jurisdictional features. Road alignments have been reconfigured to avoid streams as much as possible. Additionally, roadway widths have been minimized and headwalls will be used at the stream crossing. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The developer will obtain stormwater and sedimentation and erosion control permits prior to development. 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 wetland and stream impacts are below the typical USACE mitigation thresholds. 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 9 No If no, explain why: Project is located within the White Oak River Basin, which does not have State riparian buffer rules. 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: Engineer is currently working on the stormwater plan. 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. The project will not provide access or utilities to adjacent tracts and no additional impacts are anticipated. Additionally, erosion control and stormwater permits will be obtained to minimize impacts to downstream waters. O 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. The project will tie into the municipal wastewater treatment system. 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? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur on or within a one mile radius of the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Forested areas (wetlands and some uplands) provide suitable habitat for the northern long- eared bat and tri-colored bat. Most of the wetlands will be avoided. DRG prepared a determination key for the NLEB, which resulted in a NLAA determination. Most uplands within the site are fields. Wetlands and forested uplands support mostly hardwoods. Therefore, the tract does not appear to provide suitable habitat for the RCW. The site does not appear to provide suitable habitat for any other federally -protected species. 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 EFH Mapper 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? * The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. No resources are identified within the site. Several surveyed structures are located off Gum Branch Road. These structures will not be affected by site development. 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: One proposed wetland impact is located within the 100-yr floodplain (W2). The applicant will coordinate with the County on obtaining a floodplain development permit, if one is needed. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center Website Miscellaneous O 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 Richlands High School_Attachments.pdf 21.44MB 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: Kim Williams Signature WIMI -If Date 6/3/2024 M