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HomeMy WebLinkAbout20171144 Ver 1_401 Application_201709072 0 1 7 1 1 4 4 Brown's Environmental Group, Inc. Wetlands, Soils, Permitting Brownenvgrp@gmail.com 919-524-5956 September 2, 2017 RECEIVED Karen Higgins SEP 0 % NCDWR — 401 & Buffer Permitting Unit 2� 7 1617 Mail Service Center DENR-LAND QUALITY Raleigh, NC 27699 — 1617 STORMWATER PEpMj' 7NG Re: PCN application Heritage 4 wetland impact Johnston County Karen Enclosed are 3 copies of PCN and maps for wetland impact for a residential drive way crossing a wetland. The enclosed is a fee of $240.00. The drive way impact does not impact the Neuse Buffers or a stream. Any questions, please do not hesitate to contact me. Thank you Wyatt Brown, LSS, CPESC President Brown's Environmental Group, Inc 242 Batten Farm Road, Selma, NC 27576 W. N. Evans Development LLC. 266 B Blue Pond Road Clayton NC 27520 June 5, 2017 US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Ms. Samantha Dailey Re: W. N. Evans Development LLC. Heritage Subdivision I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Also, Mr. Wyatt Brown of Brown's Environmental Group, Inc. has my permission to act as my agent on this property concerning wetlands and streams. G✓- �luC C0415 4 A DEPARTMENT OF PUBLIC UTILITIES POST OFFICE BOX 2263 SMITHFIELD, N.C. 27577 (919) 989-5075 July 21, 2017 Wyatt Brown. LSS, CPESC Brown's Environmental Group. II1C. 242 Batten Farm Rd Selma, NC 27576 Subject: Neuse River Buffer Call N BR# NB 17-01 Project Name: l leraggt Phase 4 Parcel (NC PIN# 178001-27-7788) Location / Directions: Nashville Drive, Clayton, NC Subject Stream: UT to Arm Creek (C, NSW) Determination Date: July 21, 2017 Staff: Carlos Bagley, PE — -- - Latitude Longitude Stream Not USGS Soil Feature Type Subc ct Subject Start (d) i Stop (u? Survey (Dec. (Dec. (L�i�t')` i,o p° Degrees) Degrees) POND ® ❑ —®-- - ----- *!i I /' F phrnrE:ruf i hNrr•rurrterrl,' I'er�►uriu! Explanation: The feature(k) listed above that are checked "Subject" to the Johnston County Neuse Riparian Buffer Ordinance (Section 14-393 Johnston County Code of Ordinances) has or have been approximately shown on either the Soil Survey of Johnston County, North Carolina (1994) or the most recent version of the 1:24,000 (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS), and have been located on the property and possess characteristics that qualify it to be a stream. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. 'There may be other streams located on your property that do not show up on the maps referenced above but still may be considered jurisdictional according to the IJS Army Corps of Engineers and/or the North Carolina Division of Water Resources. Printed on recycled paper N Propertry Info: p Heritage Phase 4 -� USGS Topographic Map NC PIN 178001-27-7788 Johnston County Public Utilities 309 E. Market Street 440 220 0 440 P.O. Box 2263 Feet Smithfield, NC 27577 jr caw--- _14111hop olfttq� 4 :IVA, J al lb a a O�O� WA T S;9 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Heritage 4 2b. County: Johnston 2c. Nearest municipality 1 town: Archer's Lodge 2d. Subdivision name: Heritage 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: W N Evans, LLC 3b. Deed Book and Page No. 04871, 0976 3c. Responsible Party (for LLC if applicable): W Neal Evans 3d. Street address: 237 B Blue Pond Road 3e. City, state, zip: Clayton, NC 27520 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Wyatt Brown 5b. Business name (if applicable): Browns Environmental Group, Inc 5c. Street address: 242 Batten Farm Road 5d. City, state, zip: Selma, NC 27576 5e. Telephone no.: 919-524-5956 5f. Fax no.: 5g. Email address: brownenvgrp@gmail.com Page 2 of 10 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 178001-27-7788 1 b. Site coordinates (in decimal degrees): Latitude: 35.69348 Longitude: - 78.38419 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 22.24 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Big Arm Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C,NSW 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: sweet gum, maple forest, pine, area land use subdivisions and farmimg 3b. List the total estimated acreage of all existing wetlands on the property: —2.43 ac. wetlands in project area, 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1746. 3d. Explain the purpose of the proposed project: Install a residential drive way across a wetland 3e. Describe the overall project in detail, including the type of equipment to be used: A small wetland must be crossed to access a single family home site, a 15 in culvert will be installed in the wetland to allow crossing and connectivity, track hoes will be used to place the fill, dump trucks will haul fill in temporary silt fence will be placed at toe of fill until area is stabilized with a ground cover. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ❑ Yes ® No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Brown's Env. Group, Inc I Name (if known): Wyatt Brown Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Pond Neuse Buffer Stream Determination, Carlos Bagley July 21,2017, attached 6. Project History 5a. Have permits or certifications been requested or obtained "TED Yes ❑ No ® Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary W1 ®P F1 T 10 linear ft of 15 ® Yes ® Corps 0.01 in. pipe ❑ No ® DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.01 2h. Comments: single family residential drive way 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary 01 [:1 POT 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4E Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland number of pond (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet ) (square feet) Temporary impact required? 61 ❑P❑T ❑Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Drive narrow as safe (10 ft), try to cross wwetland at narrow section 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Care will be taken to install fill during dry weather conditions as possible, and quickly as possible, stabilize immediately, silt fence placed between fill and wetlands until fill is stabilized with a ground cover 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 yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form —Version 1.3 December 10, 2008 Version S. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 15% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: rrequired by Johnston County ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Johnston ® Phase 11 3b. Which of the following locally -implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties 4a. Which of the following state -implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No S. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 9 of 10 PCN Form — Version 1.3 December 10, 2008 Version S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or El Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Natural Heritage Program, 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? hftp://www.habitat.noaa.gov/protection/efh/habitatmapper.htm1 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 El Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Dept. Cultural Resources, Historic Preservation Office 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: 8c. What source(s) did you use to make the floodplain determination? Flood Maps Wyatt Brown September 2, 2017 Applicant/Agent's Printed Namelicant/Agent's Signature (Agent's signature i alid only if an authorization letter from the applicant Date isprovided.) Page 10 of 10 PCN Form — Version 1.3 December 10, 2008 Version WETLAND IMPACT MAP HERITAGE PHASE 4 1 0 50 1 o NASHVILLE DRIVE JOHNSTON COUNTY GRAPHIC SCALE: 100 HODGE 335 ATHLETIC CLUB BLVD CLAYTON, 27527 & 919-243-1332 )AMI'N_%%� _- donnie@adamsandndhodge.com ENGINEERING, PC FIRM # G4l 87