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HomeMy WebLinkAbout20190554 Ver 1_PCN Form Submission_20190424DR 02*10n of Water R"Ourc" 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 * Version#* 20190554 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Wilmington Regional Office - (910) 796-7215 Chad Coburn:eads\cccoburn Information for Initial Review 1a. Name of project: Preservation Point Subdivision 1a. Who is the Primary Contact?* Dana Lutheran 1b. Primary Contact Email:* dlutheran@segi.us Date Submitted 4/24/2019 Nearest Body of Water NE Cape Fear and Smith Creek Basin Cape Fear Water Classification SC;sw and C;sw respectively Site Coordinates Latitude: 34.26882 A. Processing Information County (or Counties) where the project is located: New Hanover Is this project a public transportation project?* r Yes r No Longitude: -77.93821 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 ureters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (910)228-1841 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: rJ 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 29 - Residential 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: F 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 r- No Acceptance Letter Attachment 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 r 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? rJ Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project? r- Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Preservation Point Partners, LLC and Progress Park Partners, LLC 2b. Deed book and page no.: Tract 1 - 6184/1992 Tracts 2, 3 & 4 - 6201/1738 (see parcel information attached) 2c. Responsible party: Mr. Scott Rye 2d. Address Street Address 9827 Gogdill Road Address Line 2 Suite 1 Cty Knoxville Rbstal / Zip Code 37932 2e. Telephone Number: (912)223-4390 29. Email Address:* dlutheran@segi.us State / Rmince / legion TN Country US 2f. Fax Number: r Yes r No ryes r No C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Same 1c. Nearest municipality/town: Wilmington / Castle Hayne 2. Project Identification 2a. Property Identification Number: 2.09MB Tract 1 - R04100-001-002-000 Tract 2 - 1.48MB R04100-001-016-000 Tract 3 - R04100-001- 2b. Property size: 015-000 & Tract 4 - R04100-001-028-000 390+/- 2c. Project Address Street Address 1505, 1541, 1603 and 1607 Castle Hayne Road Address Line 2 City State / Rw ree / F71egion Wilmington NC Fbstal / Zip Code Country US I Surface Waters 3a. Name of the nearest body of water to proposed project:* NE Cape Fear and Smith Creek 3b. Water Resources Classification of nearest receiving water:* SC;swand C;swrespectively 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. 030300070808 4. Project Description and History 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:* There is one structure on Tract 4, and the property is zoned Industrial. Tracts 2 and 3 are undeveloped and also zoned Industrial. All of these tracts are to be rezoned to residential. Tracts 2 and 3 are mostly devoid of woody vegetation, except where wetlands are present (i.e. along the western and southern boundaries of Tract 3). A non -jurisdictional ditch connects an old pond, that has been dewaterd and converted to a wetland. Tract 1 is mostly wooded and is comprised of high, sand ridge uplands, a mix of Pocosin and Bottomland Hardwood Forest wetlands, within the interior, and Riverine Swamp Forest and Coastal wetlands, bordering the southern and western portion of the property. There are several existing soil roads and an aerial transmission line bisecting the site. General land use in the vicinity is residential to the north and industrial to the south and east, although the southern boundary line is mostly comprised of Smith Creek flood plain. 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 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Preservation Point LiDAR Map 032119.pdf 2.09MB Progress Park LOAR Map 032019.pdf 1.48MB Progress Park Topo Map 032019.pdf 3.7MB Preservation Point Topo Map 032119.pdf 2.94MB 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) Progress Park Soils Map 032019.pdf 5.39MB Preservation Point Soils Map 032119.pdf 6.77MB 4f. List the total estimated acreage of all existing wetlands on the property: 305 AC 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* The purpose of this project is to construct roads and infrastructure that will support a 133 lot, single family subdivision, within a rapidly growing area of New Hanover County, North Carolina. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will consist of installing infrastructure and utilities that will service future residents of the subdivision. Eight (8) permanent wetland impacts, totaling 0.38 -acre, are necessary to facilitate the construction of Roads A, B, C and D and one (2) driveway crossings, which will provide access to lots 2-77 and 2-78 and lots 2-7 and 2-8. One (1) temporary wetland impact is necessary to install a gravity sewer line. See site plan for details. 4j. Please upload project drawings for the proposed project. Preservation Point Wetland Impact Map 4-24-19.pdf 1.84MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No 4 Unknown Comments: All of these tracts have received JDs in the past, however they have expired. SEGi recently delineated the wetlands and the USACE, Rachel Capito, verified the lines on 4/23/19 5b. If the Corps made a jurisdictional determination, what type of determination was made? C Preliminary C Approved C Not Verified C Unknown C WA Corps AID Number: Tract 1 - SAW -2007-03781 (exp) Tracts 2-4 - SAW -2009-04010 (exp) 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Scibetta Agency/Consultant Company: SEGi Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Sd1. Jurisdictional determination upload Progress Park 2009 Signed Map.pdf 758.81 KB Preservation Point JD 2009.pdf 171.17KB 6. Future Project Plans 6a. Is this a phased project?* C Yes C 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? There are no previously issued USACE or DWR authorizations, for these parcels. The proposed site plan includes development of the entire upland area of the property, minus the spoil island, which will not require wetland impacts for either access or any other development, as an elevated boardwalk will provide access to the island and marina. This will require a NC Division of Coastal Management (DMC) CAMA Permit. When the time comes, the Applicant will pursue the appropriate Federal, State and Local authorizations. The proposed development will not provide access to currently land locked property. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands ❑ Streams -tributaries ❑ Buffers r- Open Waters ❑ Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested* 2f. Type of Jurisdicition*(?) 2g. Impact area* 1 Road Crossing P Bottomland Hardwood Forest NA Yes Corps 0.102 (acres) 2A Road Crossing P Bottomland Hardwood Forest �NA Yes Corps 0.012 (acres) 2B Road crossing P Bottomland Hardwood Forest NA Yes Corps 0.052 (acres) 3 Road Crossing and P Bottomland Hardwood Forest Yes Corps Driveway Access �NA0.144 (acres) Road Crossing P Riverine Swamp Forest NA Yes Corps 0.014 (acres) 6 Road Crossing P Pocosin �NA Yes Corps 0.029 (acres) 7 ROAD CROSSING P Pocosin ��NA Yes Corps 0.010 (acres) Driveway and utilityP crossing Pocosin �NA Yes Corps 0.016 acres) Utility Crossing T Pocosin �NA Yes Corps 0.019 (acres) 29. Total Temporary Wetland Impact 0.019 2g. Total Wetland Impact 0.398 29. Total Permanent Wetland Impact 0.379 2h. Comments: Temporary impact areas will be returned to the original grade and contour and allowed to revegetate naturally. 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: The Applicant minimized wetland impacts by utilizing existing soil roads, incorporating retaining walls into the site plan, aligning the road so as to skirt the wetland, and only impacting wetlands for access and utilities, rather than increasing the number of lots, which would have required additional wetland impacts. The Applicant has also proposed to place deed notifications on all lots that have wetlands within their property boundaries, providing instruction to stay out of these areas (see attached deed notification). 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques, such as using retaining walls, where crossing wetlands, working during dry periods and installing sediment and erosion control measures, which should ensure unauthorized impacts, to wetlands, do not occur, either during or after construction of the roads and infrastructure. 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? 6 Yes r No 2c. If yes, mitigation is required by (check all that apply): R DWR R Corps 2d. If yes, which mitigation option(s) will be used for this project? rJ Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: NE Cape Fear Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.20 Riparian wetland 0.70 Attach Receipt and/or letter 3c. Comments The Applicant intends to make payment to the NE Cape Fear Umbrella Mitigation bank, at a 2:1 mitigation to impact ratio, for each type of wetland (i.e. riparian and non -riparian) impact. A credit reservation letter will submitted upon receipt. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes G No 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 IT No If no, explain why: This site is not located within a NC Riparian Buffer River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? C Yes r No Comments: The Applicant's engineer (Coastal Land Design) is applying for the stormwater permit concurrently with this application for wetland impacts. G. Supplementary Information k"' 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federal/state) land?* r 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 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. Future impacts to nearby or downsteam water quality are not anticipated, as the project will not provide access to land that is currently inaccessible. 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. CFPUA will provide sanitary sewer treatment 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 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 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 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 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? SEGi utilized the NFWS IPaC database (see attached). Consultation Documentation Upload Preservation Point Official Species List with Individual Determinations. pdf 79.02KB 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?* None of the proposed impacts will occur within an area that would support Essential Fish Habitat. 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?* SEGi requested an environmental review from the NC SHPO. Their response will be submitted upon receipt. 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?* New Hanover County GIS Flood Map Miscellaneous Comments Miscellaneous attachments not previously requested. Parcel data.pdf 44.1 KB Parcel map.pdf 450.031<13 Preservation Point Vicinity Map 032119.pdf 12.93MB Progress Park Parcel Map 3.pdf 541.74KB Progress Park Parcel Map 4.pdf 527.37KB Progress Park Parcel Data 2.pdf 43.58KB Progress Park Parcel Data 3.pdf 43.51 KB Progress Park Parcel Data 4.pdf 43.41 KB Progress Park Parcel Map 2.pdf 562.37KB Preservation Point Tract Map and Flood Map.pdf 266.1 KB Progress Park Vicinity Map 032019.pdf 8.62MB Preservtion Point Secretary of State Corporate Listing.pdf 56.12KB Signature * P 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: Dana A. Lutheran Signature Date 4/24/2019 5EGi AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: TRACT 3A CORBETT PACKAGE CO DIV LOT NO. PLAN NO. PARCEL I.D. R04100-001-002-000 STREET ADDRESS: 1505 Castle Hayne Road Property Owner (please print): PRESERVATION POINT PARTNERS LLC c/o Matt Logue The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): 9027 4)512 -Cogdill Road Suite 1 Knoxville, TN 37932 Telephone: 912.223.4390 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Property Owner Authorized Signature SEGi Authorized Signature J o t P v e, David Scibetta Print Name Print Name y / �-( // 4/1/2019 Dae Date SEC -3 AGENT AUTHORIZATION FORM PT SAN SOUCI, (10.25 ACRES)(C) PT 6 SAN SOUCI PROPERTY LEGAL DESCRIPTION: CAPE FEAR, (.25 ACRES) PT 6 SAN SOUCI LOT NO. PLAN NO PARCEL I.D. R04100-001-016-000, R04100-001-015-000, R04100-001-028-000 STREET ADDRESS:_ 1541, 1603, 1607 Castle Hayne Road Property Owner (please print): The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): 980?7 C,ogdJ/ 1W Sk- / 37'13.)-- Telephone: 793.)-- Telephone: a -a23- Y3�0 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. � .P:�VaVJ Property Ow er Authorized Signature SEGi Authorized Signature 106 ►I k ti e -- Print Name �Iqllj Date David Scibetta Print Name 4/1/2019 Date