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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