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HomeMy WebLinkAbout20230972 Ver 1_ePCN Application_20230706i DWR 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: 5/9/2023 BIMS # Assigned 20230972 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review la. Name of project: Farmington Road la. Who is the Primary Contact?* Richard Denier of C2C Land Development LLC 1b. Primary Contact Email: * Jrobertson@atlasenvi.com Date Submitted 7/6/2023 Nearest Body of Water Dutchman Creek Basin Yadkin-PeeDee Water Classification Class C Site Coordinates Latitude: Longitude: 35.962041 ° -80.534186' A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Davie Is this a NCDMS Project Yes No Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Seren Homer:Seren.Homer@ncdenr.gov 1c. Primary Contact Phone: * (704)512-1206 O 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 1b. 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: 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 18 - Minor Discharges 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 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. Name(s) on recorded deed: Robert & Kae Hendrix 2b. Deed book and page no.: 895 / 870 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 392 Farmington Road Address Line 2 city Mocksville Postal / Zip Code 27028 2e. Telephone Number: (336)477-4022 2g. Email Address:* rdenzierO6l3O@roadrunner.com 3. Applicant Information (if different from owner) 3a. Name: Richard Denier 3b. Business Name: C2C Land Development LLC 3c.Address Street Address PO Box 4628 Address Line 2 city Mooresville Postal / Zip Code 28117 3d. Telephone Number: (919)606-5852 3f. Email Address:* rdenzler06l3O@roadrunner.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Robertson 4b. Business Name: Atlas Environmental Inc. 4c.Address Street Address 338 S. Sharon Amity Road #411 Address Line 2 city Charlotte Postal / Zip Code 28211 4d. Telephone Number: (704)512-1206 4f. Email Address:* Jrobertson@atlasenvi.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Hendrix Village 1c. Nearest municipality / town: Mocksvil le State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: O 2. Project Identification 2a. Property Identification Number: 5840583409 2b. Property size: 19.02 2c. Project Address Street Address 405 Farmington Road Address Line 2 city Mocksville Postal / Zip Code 27028 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Dutchman Creek 3b. Water Resources Classification of nearest receiving water:' Class C 3c. What river basins) is your project located it * Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401011403 4. Project Description and History State / Province / Region NC Country USA 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 current land use of the review area is mostly cleared with sparse forested areas located in the Western portion of the review area. The property has been cleared since at least 1983 according to Google Earth aerial imagery. 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). SAW-2023-00694 4f. List the total estimated acreage of all existing wetlands on the property: 0.230 4g. List the total estimated linear feet of all existing streams on the property: 1,395 4h. Explain the purpose of the proposed project:* The project purpose is for the construction of a residential development consisting of up to 72 individual units that will be developed for townhomes as well as the installation of a sanitary sewer line. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project will require mechanized land clearing and grading to remove existing vegetation. The development will require two permanent and one temporary unavoidable impacts to Waters of the United States. Impact W1 consists of 0.150 acre of fill to WL 2000. Impact W1 is necessary for grading side slopes, the installation of an access road, and grading for the townhome lots. Impact W2 is a temporary impact to the Southern section of WL 2000 and is necessary for the installation of a sanitary sewer line. Impact W3 consists of 0.035 acre of fill to WL 2100. Impact W3 is necessary for grading one of the townhome lots. In total, there are approximately 0.185 acre of permanent wetland impacts proposed. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 03/15/2023 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-2023-00694 5c. If 5a is yes, who delineated the jurisdictional areas? .............................. Name (if known): Atlas Environmental Inc. Staff Agency/Consultant Company: Atlas Environmental Inc. Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The Corp issued a delineation concurrence on May 09, 2023. 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 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 U 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name 2e. Forested* 2f. Type of Jurisdicition" 29• Impact ?) area W1 Roads, slopes, units P Seep WL 2000 No Both 0.141 (acres) W2 slopes P Seep WL 2100 No Both 0.035 (acres) W3 sewer P Seep Both 0.006 (acres) W4 sewer T Seep WL 2000 E�]E 0.007 acres) 2g. Total Temporary Wetland Impact 0.007 2g. Total Wetland Impact 0.189 2i. Comments: W 1 and W 2 are for NWP 29 W3 and W4 are for NWP 18 E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.182 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project designed residential lots to avoid and minimize proposed impacts. The design incorporates four common open spaces to reduce further impact. None of the streams located on site are proposed to be impacted, including Dutchman Creek. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A 100-year FEMA floodplain is located within the Western region and the Southern region of the review area. A sanitary sewer is proposed to be installed within this floodplain as well as side slopes. The impacts from the sanitary sewer are temporary. The project engineers are working with the proper authorities regarding this floodplain. 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: KCI Technologies Inc. 3b. Credits Purchased/Requested (attach receipt and letter) O Type: Quantity: Riparian wetland 0.182 3c. Comments A ratio of 1:1 is appropriate for the wetland impacts. The quality of the wetlands have been degraded due to the agricultural and pastoral use of the site. The wetlands are located within cow pasture areas. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No 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: The proposed impacts are not within State protected riparian buffers. 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. Not a Phase II Stormwater area; No Stormwater Program Comments: No program identified 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. This is a single project which will not result in additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes No N/A O 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. connecting and extending sanitary sewer line 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 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 Unknown 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? IPaC, NHP, and Field assessment. 6. Essential Fish Habitat (Corps Requirement) Ga. 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?" HPO Buffer Map. There were no archeological site located in or adjacent to the property. No archeological investigation be conducted in connection with this project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?" Yes No 8b. If yes, explain how project meets FEMA requirements: The project engineers are working with the proper authorities regarding this floodplain. 8c. What source(s) did you use to make the floodplain determination? FEMA NFHL Google earthAml layer Miscellaneous n 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 Farmington Road NWP 29 and 18 compressed.pdf 5.61MB File must be PDF or KMZ Comments Signature 0 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: Allyson Sinclair Signature Date 7/6/2023