HomeMy WebLinkAbout20240029 Ver 1_ePCN Application_20231221DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version# *
20240029 1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Mooresville Regional Office - (704) 663-1699
Andrew Pitner:andrew.pitner
Information for Initial Review
la. Name of project:
China Grove - Eva Lane Subdivision
la. Who is the Primary Contact?*
Sean Clark
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
sclark@sageecological.com (919)559-1537
Date Submitted
12/21/2023
Nearest Body of Water
Town Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.5824-80.5326
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Rowan
Is this a NCDMS Project
Yes No
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:
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
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. Nani on recorded deed:
The Estate of Bobby Powers, Brook Power (Heir)
2b. Deed book and page no.:
DB1177/PG702
2c. Contact Person:
Brooke A Power
2d.Address
Street Address
1352 Eva Lane
Address Line 2
City
Salisbury
Postal / Zip Code
28146
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number:
(704)239-2159
2g. Email Address:'
sclark@sageecological.com
3. Applicant Information (if different from owner)
3a. Name:
Jason Pfister
3b. Business Name:
Ellis Developments Group
3c.Address
Street Address
6801 Falls of Neuse Rd., Ste 108
Address Line 2
City
Raleigh
Postal / Zip Code
27615
3d. Telephone Number:
(919)824-6088
3f. Email Address:"`
jason@ellisdevgroup.com
4. Agent/Consultant (if applicable)
4a. Name:
Nikki Thomson
4b. Business Name:
Sage Ecological Services, Inc.
4c.Address
Street Address
3707 Swift Dr.
Address Line 2
City
Raleigh
Postal / Zip Code
27606
4d. Telephone Number:
(919)754-7806
4f. Email Address:
nthomson@sageecological.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
China Grove - Eva Lane Subdivision
1c. Nearest municipality I town:
Salisbury
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
415030,416190,416191,417002,417395,
417394, 417398, 416188, 416020, 416189, 2b. Property size:
417001,417399,417393,417B059 123.61
2c. Project Address
Street Address
0 Mt. Hope Church Road
Address Line 2
City
Salisbury
Postal / Zip Code
28146
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Town Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401030301
4. Project Description and History
State / Province / Region
Rowan
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 Site is an assemblage of eleven individual properties, bounded to the north by Ed Weavers Road and to the south by Mount Hope Church Road, approximately +/- 0.71 mile west of
US 601 Highway in Salisbury, Rowan County, NC. Three additional parcels are located across Mount Hope Church Road, immediately west of the intersection of Menius Road and Mount
Hope Church Road. The Site consists of a mix of agricultural fields, with undisturbed forested areas on the northern and eastern property boundaries. There is an existing residence and
several outbuildings on the Site as well. The topography of the Site ranges from a high point of +/- 850 feet above mean sea level (msl) on the southern side of the Site to +/- 780 feet
above mean seal level (msl) on the northern side of the property where Stream SA leaves the site. Surrounding land use includes agricultural fields, undisturbed forested areas and some
residential properties.
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:
1.631 ac
4g. List the total estimated linear feet of all existing streams on the property:
10,868 LF
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to construct a residential subdivision and associated infrastructure to meet the demand for housing in the Salisbury/China Grove area of Rowan
County.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project is to construct a residential subdivision with necessary internal roads and stormwater devices. Multiple streams bisect the property in different locations. There is one stream
crossing and one wetland crossing proposed for internal roads to access the useable upland portions of the property. There is also a proposed greenway boardwalk which will be
constructed using top -down construction to avoid permanent impacts to the wetland, while another area of greenway and SCM drainage structures require a minor amount of permanent
wetland fill. And finally, there is one temporary wetland impact associated with a sewer line installation. Streams are not crossed multiple times by roads. The remaining jurisdictional
resources on the Site are avoided. Utilities for the proposed project will connect to existing utility lines adjacent to the Site. Heavy equipment typically used for residential construction (e.g.
backhoes, bulldozers, etc.) will be utilized.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No 0 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-2023-00361
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Gainey
Agency/Consultant Company: Sage Ecological Services, Inc
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE PJD Concurrence email dated 8/22/23 (see attached)
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
la. 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
Impact Area #1
Lot fill
P
Headwater Forest
WD
Yes
Both
0.010
(acres)
Impact Area #2
Road Crossing
P
Bottomland Hardwood Forest
t-14
Yes
Both
0.022
(acres)
Impact Area #2
Road Crossing
T
Bottomland Hardwood Forest
WD-04
Yes
[Both
0.007
(acres)
Impact Area #4
Greenway Boardwalk
T
Bottomland Hardwood Forest
WC
Yes
Both
0.018
(acres)
Impact Area #4
Sewer Crossing
T
Bottomland Hardwood Forest
WC
Yes
Both
0.038
(acres)
Impact Area #5
Grading Fill
P
ffornland Hardwood Forest
WR
Yes
Both
0.008
(acres)
2g. Total Temporary Wetland Impact
0.063
2g. Total Wetland Impact
0.103
2g. Total Permanent Wetland Impact
0.040
2i. Comments:
Of the 1.6 acres of wetland on the Site, the project only proposes 0.04 acres of permanent impacts associated with lot fill and a road crossing. The
greenway boardwalk will be constructed via pile -driven, timber piers utilizing a top down construction, which has historically not been considered
permanent impact by the USACE or NCDWR. There is an additional, minor amount of permanent wetland fill impact associated with a drainage structure
to an SCM and another section of the greenway. The remaining impacts are temporary in nature and associated with dewatering during construction or
the sewer line installation.
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*
S1
Impact Area #3
Permanent
Culvert
SC
Perennial
Both
138
Averege (feet)
(linear feet)
g2
Impact Area #3
Temporary
Dewatering
SC
Perennial
Both
41
Averege (feet)
(linear feet)
S3
Impact Area #3
P
Permanent
Rip Rap Fill
P P
SC
Perennial
Both
5
29
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
167
3i. Total stream and ditch impacts:
208
3i. Total temporary stream impacts:
41
3j. Comments:
The subject Site is bisected by several streams and of the 10,868 LF of channel on the property, there is only one (1) permanent road crossing proposed
resulting in 138 LF of permanent culvert impacts. There is also 29 LF of countersunk riprap proposed which, while a permanent impact, is not considered
a permanent loss requiring mitigation. The proposed temporary dewatering impacts will be conducted concurrently while the culvert is being installed.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Four jurisdictional streams (SA, SB, SC & SD), fourteen forested riparian wetlands (WA-01, WA-02, WB-01 through WB-05, WC and WD-01 through
WD-06) and one pond (Pond 1) are located on the Site. The proposed roadway infrastructure results in one (1) wetland crossing and one (1) stream
crossing; these features bisect the property, and the road crossings are necessary to access useable upland portions of the Site. Streams are not
crossed multiple times by roads. All other jurisdictional features on the Site have been avoided. Lots were positioned to avoid additional fill and/or impact
to streams and wetlands. Stormwater ouffalls were designed to minimize impacts to jurisdictional areas. Construction fencing will be used to define the
construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from stormwater runoff.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing
and sediment basins will also be used to prevent sediment runoff into stream and wetland areas.
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:
Permanent impacts to wetlands and streams are below the compensatory mitigation thresholds (0.10 acre and 0.02 acre, respectively).
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?
t�l
Yes No
If no, explain why:
The Site location is not within an area that currently has state regulated 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
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
The Stormwater Management Plan (SMP) will be reviewed and approved by the locally delegated authority. The applicant requests a conditional 401 Water Quality Certification until the
local stormwater review is completed and the SMP is approved.
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.
Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative
impact" since the project already in a developed landscape (i.e. existing residences and development in the vicinity) and the area already contains the
necessary infrastructure (i.e. sewer, water, electricity, etc.). The project drains to Town Creek, which is class C waters, (i.e. not HQW or ORW). We
anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed.
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.
The Site will connect into existing sewer line utilities adjacent to the property.
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
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?
On December 21, 2023, we received correspondence from the NC Natural Heritage Program (NCNHP). Based upon their review, no federally listed T&E
species are documented on the Site or within 1.0-mile of the Site.
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?
The proposed project is in Rowan County which is not near any coastal or tidal habitat which would support EFH (i.e., salt marshes, oyster reefs, etc.).
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? *
We reviewed the NC State Historic Preservation Office (NCSHPO) database. The Site is not listed as a historic property or within a historic district. No
historic structures were found on the Site. There are eight (8) historic properties identified within one mile of the Site (see Figure 4).
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:
There are no permanent fills proposed within the FEMA designated floodplain or floodway
8c. What source(s) did you use to make the floodplain determination?*
FEMA online database: Panels 3710564600J & 3710564700J, effective 6/16/2009
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
China Grove PCN Supplemental Documentation. pdf 11 A MB
File must be PDF or KMZ
Comments
PCN Cover Letter
Agent Authorization Forms
Figure 1-USGS Site Vicinity Map
Figure 2-Soil Survey Site Vicinity Map
Figure 3 - Wetland Sketch Map
Figure 4 — NCSHPO Map
NCNHP Database Report
USACE SAW-2023-00361 PJD concurrence email
Impact Maps
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:
Nicole J. Thomson
Signature
ihw
Date
12/21/2023
O