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HomeMy WebLinkAbout20221650 Ver 1_ePCN Application_20221121DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
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.
Pre -Filing Meeting Date Request was submitted on:
11/21/2022
BIMS # Assigned* Version#*
20221650 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Andrew Pitner:eads\ahpitner
Information for Initial Review
la. Name of project:
Patrick Place
la. Who is the Primary Contact?*
Robert Bunch
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
robert.bunch@palmettoenv.com (803)446-0577
Date Submitted
11/21/2022
Nearest Body of Water
Davis Mine Creek
Basin
Catawba
Water Classification
11-138-2-2-1
Site Coordinates
Latitude: Longitude:
35.0598 -80.6969
A. Processing Information
County (or Counties) where the project is located:
Union
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
la. 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)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. 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
ld. 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:
R Dean Harrell
2b. Deed book and page no.:
6791 099
2c. Contact Person:
2d. Address
Street Address
5615 Potter Road
Address Line 2
City
Matthews
Postal /Zip Code
28104
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
US
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(704)870-4610
2g. Email Address: *
rdean@rdharrellcompany.com
3. Applicant Information (if different from owner)
3a. Name:
Same
3b. Business Name:
3c. Address
Street Address
5615 Potter Road
Address Line 2
City
Matthews
Postal / Zip Code
28104
3d. Telephone Number:
(704)870-4610
3f. Email Address: *
rdean@rdharrellcompany.com
4. Agent/Consultant (if applicable)
4a. Name:
Robert H. Bunch, Jr.
4b. Business Name:
Palmetto Environmental Consulting, Inc.
4c. Address
Street Address
PO Box 1730
Address Line 2
City
Lexington
Postal / Zip Code
29206
4d. Telephone Number:
(803)446-0577
4f. Email Address: *
robertbunch@palmettoenv.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
US
3e. Fax Number:
State / Province / Region
SC
Country
US
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Indian Trail
2. Project Identification
2a. Property Identification Number:
07135056
2b. Property size:
20
2c. Project Address
Street Address
Potter Rd
Address Line 2
City
Indian Trail
Postal / Zip Code
29079
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Davis Mine Creek
3b. Water Resources Classification of nearest receiving water: *
11-138-2-2-1
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030202
4. Project Description and History
State / Province / Region
NC
Country
US
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 property is mostly undeveloped fallow fields. The property is bordered by residences, woodlands, and a landscaping company. The property is east of Potter Road and west of Fincher
Road.
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:
0.08 ac
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project: *
The project purpose is to contruct a residential development and associated infrastructure. The proposed project consists of impacting approximately 0.08 acre of wetlands for a road
crossing and a stormwater pond. Of this impact, approximately 0.01 acre is for grading work for stormwater pond construction. The road and stormwater pond are necessary components
of the infrastructure for this project.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project consists of constructing a residential development and its associated infrastructure. The proposed project will include landclearing and grading activities using
equipment such as excavators, backhoes, bulldozers, skid -steers, and motor graders. Sediment and erosion control measures will be implemented during and following the project
activities.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
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-2004-30493
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Robert Bunch
Palmetto Environmental Consulting, Inc
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
9-27-22
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?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
road
P
Bottomland Hardwood Forest
A
Yes
Corps
0.070
(acres)
W1
stormwater
P
Bottomland Hardwood Forest
A
Yes
Corps
0.010
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.080
2i. Comments:
E. Impact Justification and Mitigation
2g. Total Permanent Wetland Impact
0.080
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Jurisdictional waters were avoided and minimized to the extent feasible. The proposed impacts are unavoidable due to the property boundaries in
relation to the wetland boundaries. The wetland bisects the narrow, central portion of the site, so that the required access road through the property
cannot avoid the wetland.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The access road is proposed to cross perpendicular to the wetland.
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:
Total impacts are under 0.1 acre of waters.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. 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
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.
County
Comments:
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.
This project does not have any future phases or anticipate any future development (beyond what is shown on site plan) which would impact downstream
water quality. The proposed improvements within this development are being directed to, and treated by, approved NCDEQ BMPs for both water quality
and detention, acheiving pre -development flow rates. This is shown in the SWP.
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.
This project is being served by the Twelve Mile Creek Treatment Facility located in Waxhaw. Sewer capacity for this development is not currently
available, but they will allow us to move forward with full design of the site. Once plans are approved, they will shelve our project until such time that
capacity opens up in the facility. Construction of the utilities will not be allowed until capacity is available and dedicated to this project. We do, however,
expect capacity to open up at some point in the near future.
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
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
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?
Attached Fish & Wildlife Service Species List
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? *
Attached Fish & Wildlife Service Species List
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?*
Attached NC State Historic Preservation Office Web GIS
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?*
Attached FEMA Firmette
Miscellaneous
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
6143 - Stormwater Report - 05-24-2022 - Signed.pdf 5.93MB
6143_ Patrick Place - Wetland Disturbance Exhibit.pdf 694.52KB
FIRMETTE.pdf 756.33KB
SHPO Web.pdf 227.43KB
Species List_ Asheville Ecological Services Field Office.pdf 698.42KB
File must be PDF or KMZ
Comments
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:
Robert H. Bunch, Jr.
Signature
v`rfs2G4SY. a .reA, 07e.
Date
11/21/2022