HomeMy WebLinkAbout20190113 Ver 2_PCN Form Submission_20190412.�41 WithersRavenel
April 12, 2019
US Army Corps of Engineers NC -Division of Water Resources
Wilmington Field Office 401 & Buffer Permitting Unit
Mr. Gary Beecher Ms. Karen Higgins
69 Darlington Avenue 1617 Mail Service Center
Wilmington, NC 28403 Raleigh, NC 27699
Re: Leland Hwy 17 Sewer Expansion II - NWP 12 PCN Submittal
Leland, Brunswick County
WR Project #03180445.00
Dear Mr. Beecher and Ms. Higgins,
On behalf of the Town of Leland, we are requesting authorization from the USACE to use NWP
12 for 0.641 acres of temporary wetland impacts for construction of the proposed sewer
expansion project. The proposed project does not meet conditions requiring written authorization
from NCDWR under Water Quality General Certification No. 4133, and this application is being
provided as a courtesy.
The proposed project consists of a ±16,000 If (16.3 acres) utility corridor extending from Old Town
Creek Road (Lat: 34.180251°N; Long: -78.086888), then north along Hazels Branch Road to the
Town of Leland's Regional Pump Station located north of Hewett -Burton Road (Lat: 34.191944°N;
Long: -78.060786°W) in Leland, Brunswick County.
The project is located in the Cape Fear River basin and onsite waters drain to Morgan Branch. The
Water Quality Classification for Morgan Branch is: C;Sw and the Stream Index Number is: 18-81-
7. The 10 -digit cataloging unit for the site is 0303000506.
Proposed Proiect
The purpose of the proposed project is to expand the Town of Leland's sewer collection system
to provide service to known and future residential and commercial developments in the vicinity of
US -17 and Old Town Creek Road. Providing sewer service to these properties will protect the
groundwater quality by eliminating the need for septic systems which is currently the only option
for sewage treatment within these areas. The proposed force main will tie to the Leland Regional
Pump Station, which was previously received 404/401 permits under the project name Town of
Leland Regional Pump Station & Sewer Line (AID: SAW -2018-02337; NCDWR Project #2019-
0113).
The proposed project consists of the construction of the following:
±1,500 If of 10 -inch gravity sewer line along Old Town Creek Road to the proposed pump
station on Old Town Creek Road at the northwest corner of St. James EME Zion Church.
±14,600 If of 10" PVC sewer force main along Old Town Creek Road behind St. James
EME Zion Church, then under US -17 and running north along Hazels Branch Road then
219 Station Road, Suite 1011 Wilmington, NC 28405
910.256.9277 1 www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington
Leland Hwy 17 Sewer Expansion II
y WithersRavenel
I 1_. '1011'
east along Hewett -Burton Road and finally running north to the Town of Leland's Regional
Pump Station (previously permitted).
±14,600 If of 16" PVC sewer force main line will also be installed parallel to the 10" PVC
force main to provide future capacity.
Project History
WithersRavenel conducted a delineation for the proposed sewer alignment in October 2018. A
Preliminary JD Request has been provided as an Appendix in support of the delineation completed
for the sewer alignment. Please note that we are not requesting issuance of a Preliminary JD in
conjunction with issuance of the NWP 12.
In a telephone conversation with Debbie Wilson with NC Division of Coastal Management
(NCDCM) on 04/09/19, Ms. Wilson confirmed that the streams within the proposed alignment
are not considered Public Trust Waters and therefore are not subject to NCDCM jurisdiction or
require a CAMA permit.
Proposed Impacts
The proposed impacts consist of 0.641 acres of temporary wetland impacts for construction of
the gravity sewer line. The wetlands within the additional temporary construction easement will
be restored to natural grade and temporarily stabilized with a wetland seed mix.
Impacts to jurisdictional streams within the proposed alignment, including Bishops Branch and
Morgan Branch, have been avoided by designing the force main to be installed via horizontal
directional drilling methods.
The project will result in 0.221 acres of permanent wetland conversion impacts as a result of the
perpetual mowing/maintenance of the entire 20 -ft permanent sewer easement. The wetlands
within the additional temporary construction easement will be restored to natural grade and
temporarily stabilized with a wetland seed mix, and allowed to return to forested wetlands. The
permanent wetland conversion impacts associated with the perpetual maintenance of the sewer
easement not located within NCDOT maintained ROW are documented in the table below:
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
Stream impacts have been avoided by designing the force main lines to cross the four streams
using horizontal directional drill methods.
Page 2 of 4
Permanent Conversion Impact Table
Exhibit
Impact # Wetland #
Acreage
4
4A Wetland A
0.066 ac
5
5A Wetland 1
0.045 ac
5
6A Wetland J
0.080 ac
5
7A Wetland K
0.150 ac
Total Wetland Conversion Impacts
0.341 ac
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
Stream impacts have been avoided by designing the force main lines to cross the four streams
using horizontal directional drill methods.
Page 2 of 4
Leland Hwy 17 Sewer Expansion II WitIerSRaVenel
Proposed temporary wetland impacts have been minimized by designing the majority of the sewer
alignment within existing NCDOT ROW. This allows the majority of the sewer to be constructed
in uplands. Additionally, by utilizing the existing NCDOT ROW, wetland impacts within the ROW
will not result in permanent conversion impacts, as the wetlands were previously converted. The
only permanent wetland conversion impacts will occur in the portion of the sewer alignment that
must extend out of the ROW.
Upon completion of construction of the proposed sewer line, the disturbed wetland areas will be
restored to natural grade and seeded with a wetland seed mix to restore wetland vegetation. The
20 -ft permanent utility easement will be regularly mowed and the remainder of the disturbed
wetlands within the 20 -ft temporary construction easement will be left alone to allow vegetation
to re -grow and return to forested wetlands, except within the NCDOT ROW where
mowing/maintenance will continue within the previously converted wetlands.
Construction techniques used to avoid or minimize impacts include use of horizontal direction drill
installation of sewer line beneath streams within the alignment, installation of erosion & sediment
control devices prior to construction of the utility line. Matting will be used where necessary to
minimize the extent of impacts within the construction corridor.
Mitigation
There is no proposed mitigation for the 0.641 acres of temporary wetland impacts for construction
of the sewer line, as these impacts are temporary and will be restored to natural grade and seeded.
The proposed project will result in 0.341 acres of permanent wetland conversion impacts from
perpetual maintenance of the sewer easement within forested wetlands. The applicant proposes
to provide wetland mitigation at a 1:1 ratio for the permanent wetland conversion impacts,
resulting in the purchase of 0.40 acres of non -riparian wetland mitigation. The applicant proposes
to purchase the 0.40 acres of non -riparian wetland mitigation within the Lower Cape Fear
Umbrella Mitigation Bank, and a letter of reservation has been provided as an Appendix.
Please feel free to call if you have questions or require additional information to complete your
review.
Sincerely,
`' ILiiersRavenel
Troy Beasley
Senior Environmental Scientist
Page 3 of 4
Leland Hwy 17 Sewer Expansion II
Attachments:
• PCN Form
• Agent Authorization Form
• Parcel/Property Owner Exhibit
• USGS Quad
• Brunswick County Soil Survey
• Wetland Delineation Exhibit
%0 WithersRavenel
00 D-ir Prorate Your SuccLss-
• Preliminary JD Request
• NCNHP Project Review Letter
• Lower Cape Fear Umbrella Mitigation Bank Letter of Reservation
• Impact Exhibits
Page 4 of 4
DWR
Urtslpu 4f W.-10"Revourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20190113
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Chad Coburn:eads\cccoburn
Information for Initial Review
1a. Name of project:
Leland Hwy 17 Sewer Expansion II
1a. Who is the Primary Contact?*
David Hollis - Town Manager
1b. Primary Contact Email:*
dhollis@townofleland.com
Date Submitted
4/12/2019
Nearest Body of Water
Morgan Branch (Stream Index: 18-81-7)
Basin
Cape Fear
Water Classification
C;SW
Site Coordinates
Latitude:
34.191944
Longitude:
-78.060786
Version# *
2
Reviewing Office*
Wilmington Regional Office - (910) 796-7215
1c. Primary Contact Phone:*
(910)371-0148
A. Processing Information -
County (or Counties) where the project is located:
Brunswick
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
r Individual Permit
12 - Utility Lines
1e. 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:
r 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes t'- No
Acceptance Letter Attachment
Credit Reservation_Leland HM 17 Sewer Expansion.pdf
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes IT No r Unknown
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner rJ Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Joseph O Taylor, Jr.
2b. Deed book and page no.:
Book: 01993; Page: 1232
2c. Responsible party:
2d. Address
Street Address
16 N. 5th Ave
Address Line 2
city
Wilmington
Postal / Zip (bde
28401
2e. Telephone Number:
(910)371-0148
2g. Email Address:*
dhollis@townofleland.com
2a. Name(s) on recorded deed:
ETM JR Property LLC
State / Province / Region
NC
(buntry
USA
2f. Fax Number:
95.76KB
r Yes r No
r Yes r No
2b. Deed book and page no.:
Book: 03972; Page: 0913
2c. Responsible party:
2d. Address
Street Address
495 Country Drive
Address line 2
CRY
Ringgold
Fbstal / Zip Code
24586
2e. Telephone Number:
(910)371-0148
29. Email Address:*
dhollis@tovvnofleland.com
2a. Name(s) on recorded deed:
Bishops Ridge LLC
2b. Deed book and page no.:
Book: 04075; Page: 0768
2c. Responsible party:
Charles C. Poindexter, II - Registered Agent
2d. Address
Street Address
7923 Reunion Road
Address Line 2
City
Wilmington
Postal / Zip able
28411
2e. Telephone Number:
(910)371-0148
2g. Email Address:*
dhollis@townofleland.com
2a. Name(s) on recorded deed:
Funston Land & Timber
2b. Deed book and page no.:
Book: 01833; Page: 0180
2c. Responsible party:
Allen Jefferson Earp - Manager
2d. Address
Street Address
1007 Evangeline Drive
Address Une 2
cfty
Leland
Postal / Zip able
28451
2e. Telephone Number:
(410)415-7641
29. Email Address:*
dhollis@to\A,nofleland.com
3. Applicant Information (if different from owner)
3a. Name:
David Wlis - Town Manager
3b. Business Name:
Town of Leland
3c. Address
State / Province / Ragbn
VA
(buntry
USA
2f. Fax Number:
Slate / Prwince / Piegion
NC
abuntry
USA
2f. Fax Number:
State / Rwince / Region
NC
abuntry
USA
2f. Fax Number:
Street Address
102 Town Hall Drive
Address Lire 2
DtY
Leland
Fbstal / Zip Cade
28451
3d. Telephone Number:
(910)371-0148
3f. Email Address:*
dhollis@townofleland.com
State / Rwince / Fbgion
NC
Country
USA
3e. Fax Number:
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/town:
Leland
2. Project Identification
2a. Property Identification Number:
See Parcel/Property Owner Exhibit
2c. Project Address
Street Address
Old Town Creek Rd, Hazels Branch Road, Hewett -Burton Rd
Address Lire 2
City
Leland
Fbstal / Zip Cade
28451
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Morgan Branch (Stream Index: 18-81-7)
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.
030300050603
4. Project Description and History
2b. Property size:
16.3 acres in project area
State / Rwince / Flagbn
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 majority of the proposed sewer alignment is located within existing, cleared NCDOT ROW. The portion of the alignment extending east from Hewett -Burton Rd SE is located within
recently logged forest. The portion of the alignment extending west from Hwy 17 towards Old Town Creek Rd NE is located within undeveloped woodlands. The general land use in the
vicinity of the alignment consists of undeveloped woodlands, residential, commercial and institutional (church) land uses.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
R Yes r No r Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
The northern end of the proposed force main will tie to the Leland Regional Pump Station, which was previously permitted under project name Leland Regional Pump Station & Sewer
Line (AID # SAW -2018-02337; NCDWR Project #2019-0113).
Project History Upload
4d. 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)
Location.pdf
USGS.pdf
335.01 KB
248.62KB
4e. 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)
Soils.pdf 1.48MB
4f. List the total estimated acreage of all existing wetlands on the property:
±0.759 acres within review area
4g. List the total estimated linear feet of all existing streams on the property:
±157 If within review area
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to expand the Town of Leland's sewer collection system to provide service to known and future residential and commercial developments in the
vicinity of US -17 and Old Town Creek Road. Providing sewer service to these properties Will protect the groundwater quality by eliminating the need for septic systems which is currently
the only option for sewage treatment within these areas.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project consists of a ±16,000 If (16.3 acres) utility corridor extending from Old Town Creek Road (34.180251 °N; Long: -78.086888), then running north along Hazel
Branch Road to the Town of Leland's Regional Pump Station located north of Hewett -Burton Road (Lat: 34.191944°N; Long: -78.060786'W) in Leland, Brunswick County.
The proposed project consists of the construction of the following:
• ±1,500 If of 10 -inch gravity sewer line along Old Town Creek Road to the proposed pump station on Old Town Creek Road at the northwest corner of St. James EME Zion Church.
±14,600 If of 10" PVC sewer force main along Old Town Creek Road behind St. James EME Zion Church, then under US -17 and running north along Hazels Branch Road then east
along Hewett -Burton Road and finally running north to the Town of Leland's Regional Pump Station (previously permitted).
• ±14,600 If of 16" PVC sewer force main line will also be installed parallel to the 10" PVC force main to provide future capacity.
Horizontal directional drilling wil be used to install sewer lines beneath all streams within the alignment to avoid stream impacts.
4j. Please upload project drawings for the proposed project.
Wetlands Impact Maps - Leland 2019.04.12_SCANNED.pdf 2.64MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
WithersRavenel completed a wetland delineation of the proposed sewer alignment in October 2018.
A Preliminary JD Request in support of the delineation has been provided as an Appendix. Please
note that we are not requesting issuance of a JD in conjunction with issuance of the NWP 12.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Not Verified r Unknown r NIA
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Troy Beasley
Agency/Consultant Company: WithersRavenel
Other:
Sd1. Jurisdictional determination upload
USACE PJD Request_ complete_ 2019-04-12.pdf 7.92MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
7b. If yes, explain.
It is anticipated that there Will be future phases for expansion of the Town of Leland sewer system in order to provide sewer service to areas which currently do not have sewer service.
However, at this time there is no active work being conducted for design of future sewer lines or acquirement of easements for future phases. All impacts necessary to Construct Phase I
of the expansion project have been included in this application.
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):
R Wetlands r Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a. Site #* (?) 2a1 Reason(?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area*
1A
Sewer Construction
T
Headwater Forest
Wetland E
Both
0.077
1 B
Temporary Construction
T
Headwater Forest
Wetland E
No
Both
0.180
Access
(acres)
2A
Sewer Constructing
T
Small -Basin Wetland
Wetland C ��N,
Both
0.005
(acres)
2B
Temporary Construction
T
Small -Basin WetlandWetland
C
No
Both
0.008
Acces
(acres)
3
Sewer Construction
T
Small -Basin Wetland
Wetland B
No
Both
0.030
(acres)
4A
Sewer Construction
T
Headwater Forest
Wetland A
Yes
Both
0.066
(acres)
SA
Sewer Construction
T
Pocosin
Wetland I
Yes
Both
0.045
(acres)
6A
Sewer Construction
T
Pocosin
Wetland J
Yes
Both
0.080
(acres)
7A
Sewer Construction
T
Pocosin
Wetland K
Yes
Both
0.150
2g. Total Temporary Wetland Impact
0.641
2g. Total Wetland Impact
0.641
2h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.000
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be
minimized.
Stream impacts have been avoided by designing the force main lines to cross the streams within the alignment using horizontal directional drill
methods.
Proposed temporary wetland impacts have been minimized by designing the majority of the sewer alignment within existing NCDOT ROW. This allows
the majority of the sewer to be constructed in uplands. Additionally, by utilizing the existing NCDOT ROW, wetland impacts within the ROW will not
result in permanent conversion impacts, as the wetlands were previously converted. The only permanent wetland conversion impacts will occur in the
portion of the sewer alignment that must extend out of the ROW.
Upon completion of construction of the proposed sewer line, the disturbed wetland areas will be restored to natural grade and seeded with a wetland
seed mix to restore wetland vegetation. The 20 -ft permanent utility easement will be regularly mowed and the remainder of the disturbed wetlands
within the 20 -ft temporary construction easement will be left alone to allow vegetation to re -grow and return to forested wetlands, except within the
NCDOT ROW where mowing/maintenance will continue within the previously converted wetlands.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques used to avoid or minimize impacts include use of horizontal direction drill installation of sewer line beneath streams within the
alignment, installation of erosion & sediment control devices prior to construction of the utility line. Matting will be used where necessary to minimize
the extent of impacts within the construction corridor.
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?
f• Yes r No
2c. If yes, mitigation is required by (check all that apply):
❑ DWR P Corps
2d. If yes, which mitigation option(s) will be used for this project?
m Mitigation bank ❑ Payment to in -lieu fee ❑ Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
...
Type: Quantity:
Non -riparian wetland 0.40
Attach Receipt and/or letter
Credit Reservation_Leland Hwy 17 Sewer Expansion.pdf
95.76KB
3c. Comments
Wetland mitigation is being provided for the 0.341 acres of permanent wetland conversion impacts at a 1:1 ratio. The mitigation bank sells credits in
0.10 acre increments, resulting in the purchase of 0.4 acres of wetland mitigation.
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?
r Yes r No
If no, explain why:
Project is not located within a buffered basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
f Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r' No
Comments:
The project consists of a subsurface sewer line that will not create impervious area requiring stormwater management.
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?*
r Yes r' No
u
1b. 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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
f Yes r No
Comments:*
Project does not meet thresholds requiring NEPA/SEPA approval.
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
3. Cumulative Impacts (DWR Requirement)
3a. Will this project 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 proposed project will provide sewer capacity to currently planned/approved developments as well as various properties that are currently not
developed. The future development resulting from available sewer service may result in impacts to wetlands and streams. However, all future
developments will be required to adhere to all federal, state and local environmental and stormwater regulations, which will ensure that these projects
do not result in impacts to nearby downstream water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor 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.
Town of Leland Sanitary Sewer, ultimately treated by Brunswick County's Northeast Brunswick WWTP.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
Sa. 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
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees 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
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
f Unknown
51. 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?
WR reviewed the NC Natural Heritage Program database, located at http://vnwv.ncnhp.org/web/nhp/home, as well as NCNHP GIS data to identify if
there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identified one any
recent occurrence of federally listed species, American alligator, within 1.0 miles of the project, see attached NCNHP project review letter. Site reviews
for federally protected species known to occur in New Hanover County, determined that habitat was present for the American alligator and Northern
Long-eared bat.
Northern Long-eared Bat - Potential habitat for the northern Long-eared bat (NLEB) is listed as mature forest with trees over 3" dbh, which is used for
roosting during the day. The proposed project area contains forested areas with trees over 3" DBH, and therefore is considered potential northern
long eared bat habitat. The USFWS Final 4(d) rule for the Northern Long -Eared bat specifies that tree removal within the White Nose Syndrome
(WNS) Zone is not prohibited as long as it occurs more than 0.25 miles from known hibernacula and does not result in destroying known occupied
maternity roost trees, or any other trees within a 150 ft -radius from the maternity tree, during the pup season (June 1 — July 31). The proposed project
is not located within 0.25 miles of any known hibernacula, nor is there any known maternity roost trees present on the project. Additionally, clearing of
mature forest between June 1 st and July 31st is not anticipated for construction of the proposed project. Therefore, WR concludes that the project
"may affect, but is not likely to adversely affect' the northern long-eared bat and ALP Situation 1 is application to this project as defined in the
SLOPES for the NLEB.
American Alligator - Bishop Branch and Morgan Branch are considered potential habitat for the American Alligator, which is listed at Threatened due
to similarity of appearance to the American Crocodile, but are not protected themselves. There are no American Crocodiles known to exist in North
Carolina, and therefore the proposed project will have No Effect on the American crocodile. Additionally, the sewer is proposed to be installed below
Bishop Branch and Morgan Branch, and therefore will have no effect on American alligators within these streams. Therefore, the proposed project will
have No Effect on the American alligator.
Consultation Documentation Upload
NCNHP Project Review Report_ 2019-03-31.pdf 243.34KB
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?*
WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html. The EFH
mapper classifies the Cape Fear River, located approArnately ±8 miles east of the proposed project, as nearest Essential Fish Habitat. However, the
project will not result in adverse impacts to Essential Fish Habitat within the Cape Fear River.
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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoveb/, to determine if there were any
known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or
in the vicinity of the proposed project.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
www.ncfloodmaps.com
Miscellaneous -
Comments
Miscellaneous attachments not previously requested.
PCN Cover Letter_Final_2019-04-12.pdf
Signature
,r! By checking the box and signing below, I certify that:
100.45KB
• 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:
Troy Beasley
Signature
E�
Date
4/12/2019
410 WithersRavenel
00 Our People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned municipality, Town of Leland (Client) does hereby appoint WithersRavenel,
Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and
federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of
Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review
and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams,
riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental
permit applications/requests for the Leland Hwy 17 Sewer Expansion II - Phase I.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Agent's Name, Address & Telephone:
WithersRavenel, Inc.
219 Station Road; Suite 101
Wilmington, NC 28405
Tel. (910) 256-9277
Date: y// / / 9
Signature o^f Client: y -
(Name - Print) Titl
(Signature)
) o .� T.. ,n H-11 D,,,
Mailing Address
Lel-ted Nc- o2f-y5(
City State Zip
Phone: �/O - 37/' O! 4l f
Email:
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 t: 919.467.6008 1 www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington
LOWER CAPE FEAR UMBRELLA MITIGATION BANK
STATEMENT OF CREDIT AVAILIBILITY
April 12, 2019
TO: Troy Beasley FROM: Lower Cape Fear Umbrella Mitigation Bank
Withers & Ravenel c/o Land Management Group
219 Station Road, Suite 101 3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28405 Wilmington, NC 28403
Project: Leland Hwy 17 Sewer Expansion II - Phase I (Brunswick County, NC)
Dear Troy:
Pursuant to your recent credit request, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing
confirmation of acceptance to supply mitigation credits for proposed non -riparian wetland impacts
associated with the Leland Hwy 17 Sewer Expansion II - Phase I (Brunswick County, NC). This acceptance is
conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type
and quantity of credits requested and reserved for your project.
Mitigation Type Credits Reserved Fee Per Unit Fee
Stream 0.0 $507.32 $0.00
Non -Riparian Wetland 0.4 $60,187.45 $24,074.98
Riparian Wetland 0.0 $60,187.45 $0.00
Total Fee $24,074.98
Based upon receipt of your credit request transmitted on April 5, 2019 and subsequent updated request,
LCFUMB will reserve 0.4 non -riparian wetland credits for a period of up to 90 days from the date of this
letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you
need a reservation to extend beyond the 90 -day period.
Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $24,074.98.
Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all
payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit
types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s)
issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation
requirements. If you have any questions or need additional information, please contact me by phone at
(910) 452-0001 or by email at cpreziosi@lmgroup.net.
Sincerely,
Land Management Group (agent for LCFUMB)
�1 i),r r� fr
Christian Preziosi
Principal Consultant
s � -
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LELAND HWY 17 SEWER EXPANSION II USGS QUAD (2013) - WINNABOW 1! WithersRavenet
Engineers I Planners I Surveyors
LELAND BRUNSWICK COUNTY NORTH CAROLINA
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Engineers I Planners I Surveyors
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LELAND HWY 17 SEWER EXPANSION II BRUNSWICK COUNTY SOIL SURVEY (1986) - SHEET 6 1! WithersRavenet
Engineers I Planners I Surveyors
LELAND BRUNSWICK COUNTY NORTH CAROLINA
w MEN Roy Cooper. Governor
Ma 'F NC DEPARTMENT OF
■i'- NATURAL AND CULTURAL RESOURCES
Susi Hamilton, Secretary
■ mom
Walter Clam, Director, Land and Water SteWardsh.iR
NCNHDE-8597
March 31, 2019
Troy Beasley
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
RE. Leland Hwy 17 Sewer Expansion II - Phase I; 03180445.00
Dear Troy Beasley.
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butlerLncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Leland Hwy 17 Sewer Expansion II - Phase I
Project No. 03180445.00
March 31, 2019
NCNHDE-8597
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the
NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present, it may simply mean that
the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project
area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our
database.
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area
Managed Area Name Owner Owner Type
NC Department of Transportation Mitigation Site NC Department of Transportation State
NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve
(DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/hely). Data query generated on March 31, 2019; source: NCNHP, Q1 Jan 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 5
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Leland Hwy 17 Sewer Expansion II - Phase I
Project No. 03180445.00
March 31, 2019
NCNHDE-8597
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific NameCommon Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date � Rank
Dragonfly or 33738 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2?
Damselfly georgiana Low Rare
Freshwater or 1646 Helisoma eucosmium Greenfield Rams-horn 1995 X? 3-Medium --- Endangered G1Q S1
Terrestrial
Gastropod
Natural 25573 Pond Pine Woodland --- 2004-07-15 D 3-Medium --- --- G3 S3
Community (Typic Subtype)
Natural 8697 Pond Pine Woodland --- 1994-10-10 C 3-Medium --- --- G3 S3
Community (Typic Subtype)
Natural 30748 Riverine Floating Mat --- 1994-09-18 A 4-Low --- --- G3G4 S3
Community
Natural 17265 Tidal Freshwater Marsh--- 1994-09-18 A 4-Low --- --- G2? S1
Community (Mixed Freshwater
Subtype)
Natural 30747 Tidal Freshwater Marsh--- 1994-09-18 A 4-Low --- --- G3G5 S4
Community (Southern Wild Rice
Subtype)
Natural 16587 Tidal Swamp --- 1994-09-18 A 3-Medium --- --- G3G4 S4
Community (Cypress--Gum
Subtype)
Natural 2861 Wet Pine Flatwoods --- 2010 C 3-Medium --- --- G3 S3
Community (Typic Subtype)
Natural 4516 Xeric Sandhill Scrub --- 1994-10-10 C 4-Low --- --- G3? S3S4
Community (Typic Subtype)
Natural 24923 Xeric Sandhill Scrub --- 2010 D 3-Medium --- --- G3? S3S4
Community (Typic Subtype)
Reptile 3970 Alligator American Alligator 2018-02-26 E 4-Low Threatened Threatened G5 S3
mississippiensis Similar
Appearance
Reptile 17444 Deirochelys reticularis Eastern Chicken Turtle 1988-05 H? 3-Medium --- Special G5T5 S2S3
reticularis Concern
Page 3 of 5
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID
Scientific Name
Common Name Last
Element Accuracy
Federal State Global State
Group
Fund
Observation
I
Occurrence
Status Status
Rank Rank
North Carolina Coastal Land Trust Easement
AL
Date
Rank
Aw
Private
Reptile 4350
Pituophis
Northern Pinesnake 1975-04
H? 4 -Low
--- Threatened
G4T4 S2
melanoleucus
melanoleucus
Vascular Plant 1160
Dionaea muscipula
Venus Flytrap 2002-08-06
C 3 -Medium
--- Special
G2 S2
Concern
Vulnerable
Vascular Plant 2403
Ponthieva racemosa
Shadow -witch 1993-09-29
E 4 -Low
--- Threatened
G4G5 S2
Natural Areas Documented Within a One -mile
Radius of the Project Area
Site Name
Representational Rating
Collective Rating
Henrytown Savanna
R5 (General)
C4 (Moderate)
CPF/Town Creek Aquatic
Habitat
R1 (Exceptional)
C4 (Moderate)
Town Creek Marshes and Swamp
R1 (Exceptional)
C3 (High)
Little Green Swamp
R5 (General)
C4 (Moderate)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name NU7
Owner "17 E
Owner Type
NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust
State
Fund
NC Department of Transportation Mitigation Site
NC Department of Transportation
State
North Carolina Coastal Land Trust Easement
North Carolina Coastal Land Trust
Private
Town Creek Marshes and Swamps Registered
Resource Management Service LLC
Private
Heritage Area
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.org/content/helr). Data query generated on March 31, 2019; source: NCNHP, Q1 Jan 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 4 of 5
NCNHDE-8597: Leland Hwy 17 Sewer Expansion II - Phase I
March 31, 2019
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NHP Natural Area (NH NA)
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Page 5 of 5
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0 0-425 0-85 1.7 km
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LOWER CAPE FEAR UMBRELLA MITIGATION BANK
STATEMENT OF CREDIT AVAILIBILITY
April 12, 2019
TO: Troy Beasley FROM: Lower Cape Fear Umbrella Mitigation Bank
Withers & Ravenel c/o Land Management Group
219 Station Road, Suite 101 3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28405 Wilmington, NC 28403
Project: Leland Hwy 17 Sewer Expansion II - Phase I (Brunswick County, NC)
Dear Troy:
Pursuant to your recent credit request, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing
confirmation of acceptance to supply mitigation credits for proposed non -riparian wetland impacts
associated with the Leland Hwy 17 Sewer Expansion II - Phase I (Brunswick County, NC). This acceptance is
conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type
and quantity of credits requested and reserved for your project.
Mitigation Type I Credits Reserved
Stream 0.0
Non -Riparian Wetland 0.4
Riparian Wetland 0.0
Fee Per Unit
$507.32
$60,187.45
$ 60,187.45
Total Fee
Fee
$0.00
$24,074.98
$0.00
$24,074.98
Based upon receipt of your credit request transmitted on April 5, 2019 and subsequent updated request,
LCFUMB will reserve 0.4 non -riparian wetland credits for a period of up to 90 days from the date of this
letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you
need a reservation to extend beyond the 90 -day period.
Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $24,074.98.
Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all
payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit
types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s)
issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation
requirements. If you have any questions or need additional information, please contact me by phone at
(910) 452-0001 or by email at cpreziosi@lmgroup.net.
Sincerely,
Land Management Group (agent for LCFUMB)
a �)/A_ F/� o
Christian Preziosi
Principal Consultant