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HomeMy WebLinkAbout20220119 Ver 2_ePCN Application_20230515DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 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. Pre -Filing Meeting Date Request was submitted on: 4/14/2023 BIMS # Assigned 20220119 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review la. Name of project: Pope -Templeton Tract (Pope Tract) 1a. Who is the Primary Contact?* Brian Macho 1b. Primary Contact Email: * brian@landsouth.net Date Submitted 5/15/2023 Nearest Body of Water Lake Norman Basin Catawba Water Classification WS-IV,B;CA Site Coordinates Latitude: 35.564163 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Iredell Is this a NCDMS Project Yes No Longitude: -80.845674 Version#* 2 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:andrew.pitner@ncdenr.gov 1c. Primary Contact Phone: * (937)475-2909 a Is this project a public transportation project?* Yes No 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 Please provide the date of the previous submission. 1 /22/2022 1b. What types) of permits) 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 LF Individual 401 Water Quality Certification 39 - Commercial/Institutional 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 fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1h. 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. Nari on recorded deed: Mooresville BTR, LLC 2b. Deed book and page no.: BK 2876 PG821-825 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization 2d. Address Street Address P.O Box 151972 Address Line 2 City Stale / Province / Region Arlington TX Postal/Zip Code Country 76015 USA r Yes No Yes No 2e. Telephone Number: (937)475-2909 2g. Email Address:" brian@landsouth.net 4. Agent/Consultant (if applicable) 4a. Name: Connor Breedlove 4b. Business Name: Newkirk Environmental Inc 4c.Address Street Address 1887 Clements Ferry RD Address Line 2 City Charleston Postal / Zip Code 29492 4d. Telephone Number: (770)378-6625 4f. Email Address: connor@newkirkenv.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Moorseville 2. Project Identification 2a. Property Identification Number: 4656456560,4656366080,4656267070, 2f. Fax Number: State / Province / Region SC Country USA 4e. Fax Number 4656351234, 465662512, 4656153761 2b. Property size: 4656153679 126.2 2c. Project Address Street Address The eastern entrance to the project is East of Hwy 21 near Deerwood Lane, while the western entrance to the project is located West of the intersection of S. Main Street and Timber Road at 00 Mecklenburg Highway, near Mooresville, Iredell County, North Carolina. Address Line 2 City State / Province / Region Mooresville NC Postal / Zip Code Country USA 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 basins) is your project located in?" Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011203 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 existing site contains a mix of pine/hardwood forest, with Perennial and Intermittent Streams and wetlands. The surrounding properties consist of residential housing communities. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). USACE:SAW-2022-00337 USACE: SAW-2022-00324 DWR # 22-0119 Certification No. WQC004670 4f. List the total estimated acreage of all existing wetlands on the property: 1.35 4g. List the total estimated linear feet of all existing streams on the property: 2,970 4h. Explain the purpose of the proposed project: Proposed thoroughfare roadway connecting US Hwy 21 to NC Hwy 115 with multi -family and single-family subdivision in Mooresville, North Carolina. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project includes construction of a roadway thoroughfare that connects US Hwy 21 to NC Hwy 115 in Mooresville, NC. The project also includes construction of 300 apartment units and 260 single family homes including public utilities and infrastructure. Mass grading of the site will be required to meet minimum NCDOT roadway design criteria. Scrapers and off road dump trucks will be utilized during construction. Three streams are located on the property. The previously approved project only required one stream disturbance due to Town approval for the subdivision connection to the existing public road, Deerwood Lane. NCDOT has required that the main roadway be a non -loaded thoroughfare roadway that lines up with Huntington Lane on US Highway 21. This roadway connection will require an extension of an existing concrete boxed culvert under US Hwy 21 and additional disturbance of a wetland feature. The third stream to the east of the site is being avoided so that the roadway will be outside the 50 ft buffer of the stream headwater. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O 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-2022-00337 and SAW-2022-00324 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Newkirk Environmental Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR SAW-2022-00337: 02/23/2022 SAW-2022-00324: 02/28/2022 DWR # 22-0119 Certification No. WQC004670 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? The reason for re -submitting a PCN and applying for a new 401 Certification is that an additional Stream/Wetland Impact is needed within the property. During original planning, it was anticipated that there was only a need for one stream impact, but due to NCDOT requirements, the entrance of the project had to be re -aligned, resulting in the entrance to the property being changed and an additional stream/wetland crossing being needed. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 2. Wetland Impacts L 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * ?) 2g. Impact area * Culvert/Clean Fill P f7yerine Swamp Forest Jurisdictional Wetland A Yes Corps 0.060 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.060 2g. Total Wetland Impact 0.060 2i. Comments: Impacts to Wetland A are to facilitate the entrance crossing from Hwy 21. 3. Stream Impacts 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* 31 Crossing Permanent Culvert Perennial Stream 1 Perennial Corps 132 Average (feet) (linear feet) gy Temporary Temporary Workpad/Causeway J Perennial Stream 1 Perennial Corps 10 Average (feet) (linear feet) S3 Crossing Permanent Culvert Intermittent Stream 4 Intermittent Corps 190 Aveage (feet) (linear feet) S4 Temporary Temporary Workpad/Causeway J Intermittent Stream 4 Intermittent Corps 10 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 322 3i. Total stream and ditch impacts: 342 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 20 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Roadway alignment is currently designed to minimize impacts. The roadway connection to US Hwy 21 must align with Huntington Lane to provide a safe signalized intersection. The second crossing (currently permitted) bisects the site and cannot be avoided. The roadway alignment is curved to avoid the third stream on the property. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion control measures will be put in place before construction begins on the stream crossings. Materials will be prefabricated to minimize time in sensitive environments and all equipment will be kept out of the stream bed. Silt fencing and sediment traps will be initially located on each side of a stream crossing to minimize disturbance. 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 2c. If yes, mitigation is required by (check all that apply): D W R Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site and Double Rock Mitigation Site 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 644 3c. Comments Warm Water 150; 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 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. Mooresville Comments: Yes, the Town of Mooresville has a stringent stormwater management plan that exceeds minimum State requirements. Stormwater treatment and detention will be required. 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? 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. Single and Complete project with no future imacts to aquatic resources 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes No N/A 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 5d. Is another Federal agency involved?* Yes No Unknown Q V 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? USFWS Ipac, IPaC Report is included in additional attachments 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? NOAA Essential Fish Habitat Mapper 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? State Historic Preservation Office Historic Properties Map 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? FEMA Flood Map Service Center 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 Pope_Templeton_NWPAddlnfo_May2023.pdf 13.66MB 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: Connor Breedlove Signature ���` C.�ar�ac r��lsltb Date 5/15/2023 O