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HomeMy WebLinkAbout20060466 Ver 5_401 Application_20180327DWR I)Mslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs. deq. nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30. pdf A. Processing Information County (or Counties) where the project is located:* Franklin Is this project a public transportation project?* r Yes G No This is any publicly funded by rrunicipal,state or federal funds road, rail, airport transportation project. 1a. Type(s) of approval sought from the Corps:* PF Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* 17 Nationwide Permit (NWP) r Regional General Permit (RGP) Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Number Other: List all NN nurrbers you are applying for not on the drop down list. 1c. Type(s) of approval sought from the DWR:* check all that apply W 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express F- Non -404 Jurisdictional General Permit W Riparian Buffer Authorization * 1d. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: f Yes r No For the record only for Corps Permit: r Yes r No 1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from rritigabon bank or in -lieu fee program r Yes r No Acceptance Letter Attachment Click the upload button or drag and drop files here to attach document 9 - Whispering Pines - WMU SOA 03-22-18.pdf 105.98KB RLETYPE M-67 BE FDF 1f. Is the project located in any of NC's twenty coastal counties? C Yes r No 1h. Is the project located in a designated trout watershed?* C Yes r No Link to trout information: http://wwvv.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Sean Clark, Sage Ecological Services, Inc. 1b. Primary Contact Email:* sclark@sageecological.com 1c. Primary Contact Phone:* (XXX)XXX-XXXX (919)559-1537 1d. Who is applying for the permit? V Owner ❑ Applicant (other than owner) r- Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: Whispering Pines of Franklin County 2b. Deed book and page no.: DB 1807: DP 235 2c. Responsible party: (for (brporations) Peter Morgan (the Triangle Asset Group listed on the county website is the local law firm that represents the owners) 2d. Address Street Address 470 Mast Road Address Line 2 City Goffstown Fbstal / Zip Code 03045 2e. Telephone Number: (xxx)xxx-xxxx (603)668-7369 2f. Fax Number: (xxx)xxx-xxxx State/ Province/ Fbgion NH Country 2g. Email Address:* Petermorgan 1942@gmail.com C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Whispering Pines Subdivision 1b. Subdivision name: (if appropriate) Whispering Pines Subdivision 1c. Nearest municipality/ town: Franklinton 1d. Driving directions* If it is a new project and can not easily be found in a GPS napping system Rease provide directions. The site is located immediately south of Cedar Creek Road and immediately east of Hicks Road at a point 0.4 mile south of the intersection of these two roads and approximately 1.3 miles south of downtown Franklinton. 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 1864-28-7058 2b. Property size: (in acres) 158 acres 2c. Project Address Street Address Cedar Creek Road Address Line 2 City State / Province / legion Franklinton NC Rbstal / Zip Code Country 27525 Franklin 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 36.0793576 -78.449821 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Cedar Creek 3b. Water Resources Classification of nearest receiving water:* C; NSW Surface Water Lookup 3c. What river basin(s) is your project located in?* Tar -Pamlico River Basin Lookup 4. Project Description 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 site is mainly forested with a few small agricultural fields in the northern portion. The surrounding area is mainly agricultural or residential areas. 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Click the upload button or drag and drop files here to attach docurrent 4 - Figure 1 (USGS Whispering Pines).pdf 2.06MB File type crust be pdf 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Click the upload button or drag and drop files here to attach docurrent 5 - Figure 2 (Soils Whispering Pines).pdf 2.98MB File type rrust be pdf 4d. List the total estimated acreage of all existing wetlands on the property: +/-3 4e. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 9,600 4f. Explain the purpose of the proposed project:* The purpose of the proposed project is to construct a residential subdivision and associated utilities to meet the demand for housing in this part of Franklin County. 4g. Describe the overall project in detail, including indirect imapacts and the type of equipment to be used: The overall project is a single-family residential subdivision with residential streets and utilities that will connect to epsting adjacent roads and utilities in the area. The developer plans to construct detached residential lots. The proposed impacts result primarily from road construction, as well as some lot fill of disjunct smaller wetland polygons. Heavy equipment typically used for utility installation projects (e.g. back hoes, bull -dozers, etc) will be utilized. 4h. Please upload project drawings for the proposed project. Click the upload button or drag and drop files here to attach docurrent 8 - 536-04 Whispering Pines Impact Maps.pdf 2.88MB File type rrust be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * IT Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? t: Preliminary r Approved f Unknown r N/A Corps AID Number: Exarrple: SAW2017-99999 SAW -2005-21019 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Sean Clark, Kim Hamlin, Chris Flowers 61;1:1 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A site meeting was held with Mr. James Lastinger of the USACE and a PJD (SAW -2005-21019) was issued on 07/25/2016. Sage was not provided a copy of the PJD by the previous consulting firm. 5d1. Jurisdictional determination upload Crick the upload button or drag and drop files here to attach docurrent File type rrust be FDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 7. Future Project Plans 7a. Is this a phased project?* r Yes r 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): rJ Wetlands r Streams -tributaries rJ Buffers r Open Waters r Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Site # - Reason for impact* 2b. Impact type * 2c. Type of wetland * 2d. Wetland name *2e. 2f. Type of 2g. Impact Forested* Jurisdicition* area* Wetland Impact 1A(P) P Bottomland Hardwood 1A Yes Both 0.007 lvbp label (e.g. Fbad Crossing 1 - Culvert, Perr anent (P) or Forest (404, 10) or DVWR(401, (acres) dewatering, etc) Temporary (T) other) Wetland Impact 1B (P) P Bottomland Hardwood 1B Yes Both 0.051 lvbp label (e.g. Fbad Crossing 1 - Culvert, F2rr anent (P) or Forest (404, 10) or DAR (401, (acres) dewatering, etc) Terrporary (T) other) 2a. Site # - Reason for impact 2b. Impact type * 2c. Type of wetland * 2d. Wetland name *2e. 2f. Type of 2g. Impact required?* impact* impact* Allowable Forested* Jurisdicition* area* Wetland Impact 2A (P) P Bottomland Hardwood 2A Yes Both 0.019 K/hp label (e.g. Finad Crossing 1 - Qalvert, Ferrranent (F) or Forest (404, 10) or DJbR(401, (acres) dewatering, etc) Temporary (T) other) Wetland Impact 2B (P) P Bottomland Hardwood 2B Yes Both 0.014 K/hp label (e.g. Fuad Crossing 1 - Culvert, FLrrranent (P) or Forest (404, 10) or DAR(401, (acres) dewatering, etc) Temporary (T) other) Wetland Impact 3A (P) P Bottomland Hardwood 3A Yes Both 0.034 K/hp label (e.g. Fbad Crossing 1 - Culvert, F2rmanent (P) or Forest (404, 10) or DdbR(401, (acres) dewatering, etc) Temporary (T) other) Wetland Impact 3B (P) P Bottomland Hardwood 3B Yes Both 0.031 lvbp label (e.g. Fuad Crossing 1 - Qalvert, Fern -anent (P) or Forest (404, 10) or DAR (401, (acres) dewatering, etc) Tenporary (T) other) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.156 2g. Total Wetland Impact 0.156 2h. Comments: 6. Buffer Impacts (for DWR) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below. 6a. Project is in which protect basin(s)?* Check all that apply. r Neuse I7 Tar -Pamlico r Catawba Randleman r Goose Creek f- Jordan Lake F Other 6b. Impact Type* 6c. Per or 6d. Stream name * 6e. Buffer mitigation 6f. Zone 1 6g. Zone 2 Temp* required?* impact* impact* Allowable P UT to Cedar Creek No 950 2,521 Location and Exempt, Allowable, allowable w/ Perrrenent (P) or (square feet) (square feet) mitigation Temporary (T) 6h. Total buffer impacts: Zone 1 Zone 2 Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Permanent impacts: 950.00 2,521.00 Zone 1 Zone 2 Total buffer impacts: 950.00 2,521.00 61. Comments: Supporting Documentation - i.e. Impact Maps, Plan Sheet, etc. Click the upload button or drag and drop files here to attach document File rust be RDF 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:* Previously planned stream crossings were eliminated and the site plan redesigned to avoid having any stream impacts. Riparian Buffer impacts were limited to a single aerial (no stream impact) perpendicular crossing. Lot configurations were redesigned and open space enlarged to avoid previously proposed lot fill in disjunct wetland areas (immediately SE of the intersection of Sugar Pine Drive and Fire Oak Drive; SE of the intersection of Fire Oak Drive and Three Oaks Trail; and east of Echo Ridge Drive). 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing and temporary basins will also be used to prevent sediment runoff into the streams and wetlands. Headwalls will be constructed in several locations so as to further reduce impacts. The construction of the project will be phased so as to avoid a large amount of bare soil and decrease the likelihood of sediment runoff. 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? r Yes r No 2c. If yes, mitigation is required by (check all that apply): r- DWR V Corps 2d. If yes, which mitigation option(s) will be used for this project? V Mitigation bank r- Payment to in -lieu fee program r Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Grantham Branch Mitigation Site (Wildlands Holdings, III, LLC / USACE Action ID 2017-00549) 3b. Credits Purchased/ Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.32 Attach Receipt and/or letter Click the upload button or drag and drop files here to attach docurent 9 - Whispering Pines - WMU SOA 03-22-18.pdf 105.98KB FiLE IYFE MBT BE PDF 3c. Comments F. Stormwater Management and Diffuse Flow Plan (required by DWR) . ..... ..... ...... ..... ...... ...... *** Recent changes to the stormwater rules have required updates to this section .*** 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? r Yes r No 1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. What type of SCM are you providing? r- Level Spreader r- Vegetated Conveyance (lower SHWT) r- Wetland Swale (higher SHWT) W Other SCM that removes minimum 30% nitrogen (check all that apply) For a list of options to meet the diffuse flow requirements, click here Diff us Flow Documentation Click the upload button or drag and drop files here to attach docurrent File type rrust be FDF 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes G No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* f Yes r No To lookup low density requirement click here 15A NCAC 02H .1003(2). 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?* r Yes r No Hnt: projects that have vested rights, exemptions, or grandfathering from state or locally implerrented storrrwater programs or projects that satisfy state or locally-implerrented stormwater programs through use of community in -lieu programs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):* rJ Local Government F State Local Government Stormwater Programs* V Phase II F- NEW F USMP r- Water Supply Please identifywhich local government stormwater program you are using.* Franklin County 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?* f Yes r 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)? * r Yes r No 2b. Is this an after -the -fact permit application?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The project will use existing infrastructure located immediately adjacent to the property. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? r Yes r Nor 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? r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8?* r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?* r Yes r No 5g. Does this project involve bridge maintenance or removal?* r Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?** r Yes r 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.?* r Yes r 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 Data Base (2018) was referenced and an updated report (dated February 26, 2018) was received from NCNHP which identified no recorded federally threatened or endangered species on the project site or within a 1 -mile radius. The report (see attached copy) did reference an occurrence of Alasmidonta undulata (triangle floater) which is a federal species of concern, within Cedar Creek. Cedar Creek flows along the southern property line. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA website 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? * http://gis.ncdcr.gov/hpoweb/ *Records check at the State Historic Preservation Office or the Office of State Archeology was not performed. According to the SHPO website there are no recorded structures on the site. A cemetary is located as an outparcel within the center of the property. The cemetary is within deignated open space near the Myrtlewood Court cul-de-sac (see site plan). No structures were observed during the fieldwork effort. The project is located approximately 2000 feet southeast of the Michael Bailey House (Triple R Ranch) (Williams -Jones House) (FK0479 surveyed only), a 1900 2 -story Neoclassical Revival House, Ineligible 2005; ER 03-1507; Multi Co Rpt #393. 7c. Historic or Prehistoric Information Upload nick the upload button or drag and drop files here to attach docurrent 6 - Figure 4 (Whispering Pines SHPO).pdf 2.15MB File rrust be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes F No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center (https://msc.fema.gov/portal/search) FEMA DFIRM Panel # 3720186400K, effective April 16, 2013. Miscellaneous Miscellaneous attachments not previously requested. nick the upload button or drag and drop files here to attach docurrent 1 - Whispering Pines Cover Letter for PCN.pdf 89.52KB 3 - Signed Agent Authorization Form for Whispering Pines Sage Ecological.pdf 261.3KB 7 - NCNHP report for Whispering Pines. pdf 746.69KB File rrust be FDF or ME Signature W By checking the box and signing below, I certify that: ■ 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:* Sean Clark Signature Initial Review Is this project a public transportation project?*(? r Yes r No Change only if needed. Has this project met the requirements for acceptance in to the review process?* r Yes r No BIMS # Assigned* 20060466 Version#* 5 Reviewing Office Raleigh Regional Office - (919) 791-4200 Select Project Reviewer* Stephanie Goss:eads\szgoss Is a payment required for this project?* f No payment required f Fee received r Fee needed - send electronic notification What amout is owed?* a $240.00 0 $570.00