HomeMy WebLinkAbout20240860 Ver 1_ePCN Application_20240621DW 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# *
20240860 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:
Sheetz - Shade Tree Lane Site
la. Who is the Primary Contact?*
Brian Downs
1b. Primary Contact Email:*
bdowns@sheetz.com
Date Submitted
6/21/2024
Nearest Body of Water
Motts Creek
Basin
Cape Fear
Water Classification
C, Sw
Site Coordinates
Latitude:
34.1518
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
Yes No
Longitude:
-77.9033
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Michael Meilinger:Michael.Meilinger
1c. Primary Contact Phone:*
(919)264-8593
$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:
Cristine Point, Point Clan I, LLC
2b. Deed book and page no.:
DB 3687 PG 680
2c. Contact Person:
Cristine Point
2d.Address
Street Address
300 Windchase Lane
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28409
USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(910)620-1660
2g. Email Address:*
pointclan@aol.com
3. Applicant Information (if different from owner)
3a. Name:
Brian Downs
3b. Business Name:
SHEETZ
3c.Address
Street Address
351 Sheetz Way
Address Line 2
City
State / Province / Region
Claysburg
Pennsylvania
Postal / Zip Code
Country
16625
USA
3d. Telephone Number: 3e. Fax Number:
(919)264-8593
3f. Email Address:"
bdowns@sheetz.com
4. Agent/Consultant (if applicable)
4a. Name:
Anna Reusche
4b. Business Name:
TranSystems
4c.Address
Street Address
2945 Young Farm Drive
Address Line 2
City
State / Province / Region
Ralieigh
NC
Postal / Zip Code
Country
27610
USA
4d. Telephone Number:
4e. Fax Number:
(919)816-7745
4f. Email Address:*
areusche@transystems.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Wilmington
2. Project Identification
2a. Property Identification Number: 2b. Property size:
R07100-003-024-000 4.35
2c. Project Address
Street Address
4915 Carolina Beach Road
Address Line 2
city
Wilmington
Postal / Zip Code
28415
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Motts Creek
3b. Water Resources Classification of nearest receiving water:
C, Sw
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300050702
4. Project Description and History
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 project study area is located south of Wilmington along Carolina Beach Road. Land use in the area is comprised of commercial and residential properties. The project study area
currently serves as a tree and flower nursery with associated gravel parking areas.
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
4g. List the total estimated linear feet of all existing streams on the property:
130
4h. Explain the purpose of the proposed project:
SHEETZ, Inc. proposes the construction of a convenience store and self -serve gas station.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The site plan includes the construction of a 6,139 square feet convenience store, associated parking and fueling islands with access drives. Equipment to be used to construct the
proposed project includes track hoes, bulldozers, and dump trucks.
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-2023-02184
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Anna Reusche, PWS
Agency/Consultant Company: TranSystems
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD received 11/30/2023 (desktop review) - Brad Shaver, USACE
Stream Determination received 1/26/2024 - Micheal Meilinger, NCDEQ
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?
D. Proposed Impacts Inventory O
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
3. Stream Impacts
S1
3a. Reason for impact (?)
Fill
3b.lmpact type"
Permanent
3c. Type of impact"
Fill
3d. S. name* ��3e.
ffto Motts Creek
Stream Type*
?)
Intermittent
3f. Type of
Jurisdiction*
Both
3g. S. width
8
Aveage (feet)
3h. Impact
length*
100
(linear feet)
S2
Rip Rap Fill
Permanent
Rip Rap Fill 7to
Motts Creek
Intermittent
Both
8
Average (feet)
28
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
128
3i. Total stream and ditch impacts:
128
3i. Total temporary stream impacts:
0
3j. Comments:
Proposed permanent stream impacts will result from the fill required for the installation of the fueling island and Standard Underground Storage Tank
(UST) Field.
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:
Avoidance and minimization of impacts to protected and valued resources were incorporated throughout the design process. A detailed delineation of
wetland and streams was initially performed to ensure the limitations of impacts to natural resources. As a result, proposed disturbance limits were
shifted to avoid impacts, where possible.
Several steps were taken during the planning stages of this project to substantially reduce and, in some cases, eliminate stream and riparian impacts.
Specific measures and considerations taken to avoid and minimize impacts to streams and wetlands include:
Natural vegetated buffers being maintained where possible.
• Limiting areas of disturbance within wetlands where feasible to reduce construction footprint.
• Using silt fence and other enhanced erosion and sediment control measures to prevent silt and sediment from entering stream.
• Utilization of rip rap outlet to protect the downstream channel from erosion.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All areas impacted by construction will be restored to original preconstruction grade elevation. Once grade is reestablished in the temporary impact
areas, the restored areas will be seeded with appropriate native grasses as referenced in the Temporary and Permanent Seeding Specs published by
the North Carolina Department of Environmental Quality. Woody vegetation will be allowed to re-establish naturally. Soil erosion during construction will
be minimized by following a DEQ-approved Erosion and Sedimentation Control Plan, submitted to the DEQ at least 30 days prior to construction.
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:
Proposed impacts resulting from the project do not exceed 1/10-acre. Mitigation is not proposed at this time.
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
L
O
If no, explain why:
The project is located in the Cape Fear River Basin.
2. Stormwater Management Plan
2a. Is this a NC DOT project subject to compliance with NC DOT'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:
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)
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 as proposed is consistent with the current land use and is intended to serve the existing population. No further development is associated
with project.
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 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?
USFWS IPaC, USFWS DKey for NLEB, NHP
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?
https://www.habitat.noaa.gov/apps/efhmapper/ (accessed 06-10-2024)
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? *
Scoping response letter from SHPO received January 17, 2024, stated no comment on the project as proposed. Scalping response letter is attached.
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 FEMA flood maps - Panel 3720313400K
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
SHEETZ_Wilmington Site Permit Support Doc Binder.pdf 25.67MB
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:
Anna Reusche
Signature
r
Date
6/21 /2024
0