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HomeMy WebLinkAbout20190581 Ver 1_PCN Form Submission_20190501DR 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#* 20190581 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* Central Office - (919) 707-9000 Paul Wcjoski:EADS\pawnjoski Information for Initial Review 1a. Name of project: Cardinal Preserve 1a. Who is the Primary Contact?* Jon Harrell 1 b. Primary Contact Email:* jon@samsbranch.com Date Submitted 5/1/2019 Nearest Body of Water Buffalo Creek Basin Neuse Water Classification C; NSW Site Coordinates Latitude: 35.721511 A. Processing Information County (or Counties) where the project is located: Johnston Is this project a public transportation project?* r Yes r No Longitude: -78.344975 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? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (919)710-3326 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 F Individual Permit 29 - Residential Developments 1e. Is this notification solelyfor 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 P 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 19. 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 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? Q Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? C Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: Sam's Branch II, LLC 2b. Deed book and page no.: 05160:0208 2c. Responsible party: Reid Smith 2d. Address Street Address 114 W Main Street Address Line 2 City Clayton Postal / Zip Code 27520 2e. Telephone Number: (919)710-3326 2g. Email Address:* jon@samsbranch.com C. Project Information and Prior Project History 1. Project Information State / Rovince / Fbjion NC Country United States 2f. Fax Number: r- Yes r No r- Yes r No 1b. Subdivision name: if appropriate) Cardinal Preserve 1c. Nearest municipality/ town: Wendell 2. Project Identification 2a. Property Identification Number: 179100-58-1377 2c. Project Address Street Address 562 Salem Church Road Address Line 2 Qy Wendell Fbstal / Zip Code 27591 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Buffalo Creek 3b. Water Resources Classification of nearest receiving water:* C; NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12 -digit HUC in which the project is located. 030202011504 4. Project Description and History 2b. Property size: 24.72 State / Province / Flegion NC 0�ur" United States 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:* Existing conditions on the site it mostly agricultural and forested vegetation. The general land use in the vicinity is agricultural, forestry, and residential. There is a public high school located immediately east of the site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* f Yes r No f 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) USGS 8.5x11.pdf 91.62KB 4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Soil Survey.pdf 333.46KB 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 1364 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to develop and subdivide the property for residential homes, including utilities and roadway infrastructure. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The overall project is to extend Cardinal Preserve subdivision to create more single-family residential home lots in Phase 2. Equipment to be used is that typical for road construction, utility installation, and grading such as track hoes, excavators, bull dozers, etc. 4j. Please upload project drawings for the proposed project. APPROVED CD -CARDINAL PRESERVE 040819.pdf 6.16MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* F Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved F Not Verified r" Unknown r NIA Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Scott Mitchell Agency/Consultant Company: Mitchell Environmental, PA Other: Sd1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* 6 Yes r No 7b. If yes, explain. Cardinal Preserve consists of 2 phases, as can be seen on the site plan. Phase 2 is that last and final phase. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): F_ Wetlands R Streams -tributaries W Buffers r- Open Waters r Pond Construction 3. Stream Impacts F 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* Road S7 Crossin Permanent Culvert A Perennial Both 7 53 9 Average (feet) (linear feet) Road Crossing Temporary Culvert A Both 12 E ff::] 7Av �age (feet)inearr 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Road Crossing P A No 4,477 2,852 feet) stream impacts: 53 12 3i. Total stream and ditch impacts: 65 3j. Comments 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. fJ Neuse rTar-Pamlico F Catawba r Randleman r Goose Creek r Jordan Lake F_ Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Road Crossing P A No 4,477 2,852 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 4,477.00 2,852.00 Zone 1 Zone 2 Total combined buffer impacts: 4,477.00 2,852.00 6i. Comments: Supporting Documentation SALEM CHURCH TRACT -Impact Maps.pdf SALEM CHURCH TRACT -Impact Maps 2.pdf E. Impact Justification and Mitigation 1. Avoidance and Minimization 560.121<13 352.73KB 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed stream crossing is designed as perpendicular as is practical in an effort to minimize impacts. An UT bisects the property, making impacts unavoidable. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All disturbed areas will be bound by silt fence and tree protection fence before construction begins to prevent impacts to jurisdictional features outside of proposed impact areas. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This project does not require mitigation because stream impacts are less than 150 linear feet and buffer impacts are less than 1/3 acre. 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 What type of SCM are you providing? rJ Level Spreader r Vegetated Conveyance (lower SHWT) F_ Wetland Swale (higher SHWT) F_ Other SCM that removes minimum 30% nitrogen F- Proposed project will not create concentrated stormwater flowthrough the buffer Diffuse Flow Documentation APPROVED CD -CARDINAL PRESERVE 040819.pdf 6.16MB 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)? r Yes r No Comments: 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 2. Violations (DWR Requirement) v 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 single-family residential subdivision is not likely to spur cumulative impacts. 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) 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 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 Sh. 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? USFWS Johnston County T&E species list. Consultation Documentation Upload T&E Species -Johnston County.pdf 11125KB 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?* Essential Fish Habitat mapper by NOAA 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?* HPOWEB 7c. Historic or Prehistoric Information Upload Cardinal Preserve HPOWEB.pdf 331.03K6 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?* FEMA Floodplain Maps link provided above Miscellaneous Comments Miscellaneous attachments not previously requested. Signature m 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: Scott Mitchell Signature �tlTT,=RiirGh�LL Date 511/2019 Mitchell Environmental, P.A. The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner NCDENR — Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I, the undersigned, current property owner designate and authorize representatives of Mitchell Environmental, P.A., to act on my behalf as my agent in the processing of permit applications, to fumish upon request supplemental information in support of applications, etc., from this day forward. This the 12- day ofF;L,!, 20—M. (number) (Month) (Year) 1, 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. This notification supersedes any previous correspondence concerning the agent for this project. Project Name:_ Cardinal Preserve Subdivision Location: 562 Salem Church Rd, Wendell Property Owner's Name (Print):" Property Owner's Signature: /Glib Property Owner's Mailing Address: r1 1H C 2-79?,o Property Owner's Telephone: `'I t� ? (�' 2� Fax No. Property Owner's Email Address: 1501 Lakestone Village Lane, Suite 205 Fuquay-Varina, North Carolina 27526 919-669-0329 Town of Cary, Johnston County, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS DYHDYHDYHDYH 1 2 3 4 5 6 7 8 9 10 11 121314 15 16 17 18 42 43 44 45 46 47 48 49 50 51 52 C/L DITCH C/L CREEK C/L DITCH POND N:719385.6830 E:2193975.8310 ELV:304.26 SITE BENCHMARK TD T D TDTDTDTDTDTDTDTDTD TD TDTDTD T D T D TD TD TD CWD TD CWD CWDCWDCW D CWD CWD CWD CWD CWD CWDCWDCWDCWD CWD CWD CWD CWD C W D TDTD2 6 5 TD270290 PD PD PD PD 19 20 21 22 3536 37 383940 41 25 26 27 28 29 30 31 32 33 23 24 34 C/L CREEK Z:285.98 TD T D SITE BOUNDARY NAD 83Impact APHASE 1PHASE 2 PROPOSED 50' PUBLIC R.O.W./2 0 ' A S P H A L T 2 6 5 20' PUBL I C D R A I N A G E 35NAD 83LEGEND Permanent Stream Impact ( 53 LF) Temporary Stream Impact ( 12 LF) Permanent Zone 1 Impact ( 4,477 sf) Permanent Zone 2 Impact ( 2,852 sf) Limits of Disturbance * * * DISCLAIMER * * * Johnston County assumes no legal responsibility for the information represented here. Scale: 1:7593 - 1 in. = 632.76 feet (The scale is only accurate when printed landscape on a 8 1/2 x 11 size sheet with no page scaling.) Johnston County GIS April 15, 2019 Result 1 id:16K02049 Tag:16K02049 NCPin:179100-58-1377 Mapsheet No:1791 Owner Name 1:SAM'S BRANCH II, LLC Owner Name 2: Mail Address 1:114 W MAIN ST Mail Address 2: Mail Address 3:CLAYTON, NC 27520-2396 Site Address 1:562 SALEM CHURCH RD Site Address 2:WENDELL, NC 27591- Book:05160 Page:0208 Market Value:370800 Assessed Acreage:24.72 Calc. Acreage:24.72 Sales Price:754000 Sale Date:2018-06-01 Powered by TCPDF (www.tcpdf.org) Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Johnston County, North Carolina Updated: 06-27-2018 Common Name Scientific name Federal Status Record Status Vertebrate: Bald eagle Haliaeetus leucocephalus BGPA Current Carolina madtom Range by Basin Noturus furiosus ARS Current Neuse River waterdog Range by basin Necturus lewisi ARS Current Red-cockaded woodpecker Picoides borealis E Current Invertebrate: Atlantic pigtoe Range by Basin Fusconaia masoni ARS Current Dwarf wedgemussel Range by basin Alasmidonta heterodon E Current Green floater Lasmigona subviridis ARS Current Tar River spinymussel Range by basin Parvaspina steinstansana E Current Yellow lance Range by basin Elliptio lanceolata T Current Vascular Plant: Bog spicebush Lindera subcoriacea ARS Current Carolina bogmint Macbridea caroliniana ARS Current Michaux's sumac Rhus michauxii E Historic Nonvascular Plant: Lichen: Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." Johnston County Endangered Species, Threatened Species,Federal Speci...https://www.fws.gov/raleigh/species/cntylist/johnston.html 1 of 2 5/1/2019, 2:21 PM C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species; although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting species proposed for listing. FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under consideration for listing or for which there is insufficient information to support listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage Program Lists. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Bald and Golden Eagle Protection Act (BGPA): In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de-listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit http://www.fws.gov/migratorybirds/baldeagle.htm Threatened due to similarity of appearance(T(S/A)): In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. Johnston County Endangered Species, Threatened Species,Federal Speci...https://www.fws.gov/raleigh/species/cntylist/johnston.html 2 of 2 5/1/2019, 2:21 PM Corirrth �. H 6detsHS