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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