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HomeMy WebLinkAbout20211569 Ver 1_ePCN Application_20211029DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* Version#* 20211569 1 Is a payment required for this project? No payment required What amout is owed?* Fee received $240.00 Fee needed - send electronic notification $570.00 Reviewing Office* Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Colleen Cohn:eads\cmcohn Information for Initial Review 1a. Name of project: Lake Norman -Perth Road la. Who is the Primary Contact?* Heath Caldwell 1 b. Primary Contact Email: * 1c. Primary Contact Phone:* heath.caldwell@wetlands-epg.com (704)999-5279 Date Submitted 10/29/2021 Nearest Body of Water Lake Norman Basin Catawba Water Classification WS-IV,B;CA Site Coordinates Latitude: Longitude: 35.6033-80.8985 A. Processing Information County (or Counties) where the project is located: Iredell Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Pre -Filing Meeting Information Is this a courtesy copy notification?* Yes No ID# Version Pre -fling Meeting or Request Date 10/29/2021 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form (30).pdf File type must be PDF 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 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: 1f. Is this an after -the -fact permit application?" Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?" Yes No 2. Owner Information 2a. Name(s) on recorded deed: Peggy Brotherton 2b. Deed book and page no.: 1206/1547 2c. Contact Person: 48.83KB 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d.Address Street Address 193 Swift Creek Lane Address Line 2 City Mooresville Postal / Zip Code 28115 2e. Telephone Number: (704)658-8995 2g. Email Address:* pbrotherton 1938@gmail.com 2a. Name(s) on recorded deed: Quality Oil Company 2b. Deed book and page no.: 2738/2488 2c. Contact Person: Daniel Dinsbeer 2d.Address Street Address 1540 Silas Creek Parkway Address Line 2 City Winston-Salem Postal / Zip Code 27102 2e. Telephone Number: (336)624-8783 2g. Email Address: ddinsbeer@gonc.com 2a. Name(s) on recorded deed: Bridgestone LLC 2b. Deed book and page no.: 1121/805 2c. Contact Person: Jeffery Cernuto 2d.Address Street Address 132 Joe Knox Avenue Address Line 2 Suite 105 City Mooresville Postal / Zip Code 28117 2e. Telephone Number: (704)799-9770 2g. Email Address:* jeff@princetoncommunities.com 3. Applicant Information (if different from owner) 3a. Name: Ian Wagoner 3b. Business Name: The Spectrum Companies State / Province / Region NO Country USA 2f. Fax Number: Stale / Province / Region NO Country USA 2f. Fax Number: State / Province / Region NO Country USA 2f. Fax Number: 3c.Address Street Address 300 South Tryon Street Address Line 2 Suite 200 City Charlotte Postal / Zip Code 28277 3d. Telephone Number: (704)338-3250 3f. Email Address:* iwagoner@spectrumeos.com 4. Agent/Consultant (if applicable) 4a. Name: Heath Caldwell 4b. Business Name: Wetlands & Environmental Planning Group 4c.Address Street Address 10612-D Providence Road Address Line 2 PMB 550 City Charlotte Postal / Zip Code 28277 4d. Telephone Number: (704)999-5279 4f. Email Address:* heath.caldwell@wetlands-epg.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Mooresville 2. Project Identification 2a. Property Identification Number: 4637690763,4638506254,4637595778 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Lake Norman 3b. Water Resources Classification of nearest receiving water:" WS-IV,B;CA 3c. What river basin(s) is your project located in?* Catawba State / Province / Region NC Country USA 3e. Fax Number State / Province / Region NC Country USA 4e. Fax Number 2b. Property size: 39 State / Province / Region Country 3d. Please provide the 12-digit HUC in which the project is located. 030501011106 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: * The site is is located just west of Perth Road, and just north of River Highway NC 150, in Mooresville, NC. The topography is moderately sloped with the elevation ranging from 800 to 880 ft. The site features an old farm homesite with bams, shed and outbuildings, and is primarily covered with young, successional mixed pines and hardwoods and narrow stream buffer of an unnamed tributary to Lake Norman. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.09 4g. List the total estimated linear feet of all existing streams on the property: 1479 4h. Explain the purpose of the proposed project: The proposed mixed use development will include impacts to two streams and one wetland for fill due to grading and a road crossing. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-01564 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Please refer to SAW-2021-01564, submitted on 7/16/2021. No response from USACE to date on potential site verification. 6. Future Project Plans 6a. Is this a phased project?* Yes 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts U 2a1 Reason (?) 2b. Impact type* l?l 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* (?) 29. Impact area W1 Fill L Bottomland Hardwood Forest Wet land C Yes A Corps ] 0.019 acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.019 2g. Total Wetland Impact 0.019 21. Comments: Grading for BMP 3. Stream Impacts S7 3a. Reason for impac73b.lmpact Road Crossing type* Permanent 3c. Type of impact* Fill 3d. S. name* Stream A 30. Stream Type* (?) Perennial 3f. Type of Jurisdiction* Corps 3g. S. width* Average (feet) 3h. Impact length* 96 pinear feet) gy Road Crossing 7Ptanent Fill Stream B Intermittent Corps Average (feet) 109 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 205 3i. Total stream and ditch impacts: 205 3j. Comments: S1- 0.0094 AC S2- 0.0093 AC E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through site selection, design, & location/orientation of the proposed lots and access routes. Existing grades & required roadway connections have limited the possibility of reducing impacts further without sacrificing stability & safety of the site. Existing drainage & grades, including the proposed road connections, limited the practicable locations for BMP installation and further avoiding site wetlands. The applicant has demonstrated avoidance & minimization efforts by avoiding 79 % of onsite wetlands & 86 % of onsite streams. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts. Please see attached for engineer correspondance. 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? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Due to limited site impacts, no compensatory mitigation is proposed. 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? Yes No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre U 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Town of Mooresville Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to the Town of Mooresville but will be designed to meet their criteria. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes 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)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. No additional phases are proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No 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. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. Please see attached for the report and the concurrence response from USFWS. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential habitat in this region. 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: https:Hnc.maps.arcgis.com/ R.S. Webb and Associates Report 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* www.fema.gov https://iredell.connectgis.comIDisclaimer.aspx?ReturnUrl= % 2fmap.aspx Miscellaneous U Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Lake Norman PCN_NCDEQ.pdf 17.61MB File must be PDF or KMZ Comments Attached is a complete PCN package is attached. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: Heath Caldwell Signature wry &OK-- Date 10/29/2021