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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
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Date
5/15/2023
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