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
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A
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2
6
5
20' PUBL
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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
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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
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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
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