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HomeMy WebLinkAbout20240147 Ver 1_ePCN Application_20240122DW 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# * 20240147 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 1a. Name of project: Noah's Run 1a. Who is the Primary Contact?* Andrew McDonald 1b. Primary Contact Email:* 1c. Primary Contact Phone:* jrobertson@atlasenvi.com (704)288-7256 Date Submitted 1 /22/2024 Nearest Body of Water Grants Creek Basin Yadkin-PeeDee Water Classification Class C Site Coordinates Latitude: Longitude: 35.586162-80.571346 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 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 401 Water Quality Certification - Express Riparian Buffer Authorization 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: Dependable Development Inc 2b. Deed book and page no.: 1411/136 2c. Contact Person: Andrew McDonald 2d. Address Street Address 2649 Brekonridge Center Drive Address Line 2 City State / Province / Region Monroe NC Postal/Zip Code Country 28110 USA Yes No Yes No 2e. Telephone Number: (704)288-7256 2g. Email Address:* amcdonald@truehomesusa.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 #441 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) 1c. Nearest municipality / town: China Grove 2. Project Identification 2a. Property Identification Number: 114 007 and 115 169 2c. Project Address Street Address 770 Shue Road Address Line 2 City China Grove Postal / Zip Code 28023 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Grants Creek 3b. Water Resources Classification of nearest receiving water: Class 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. 030401030101 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 176.03 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 surrounding land use predominantly consists of residential properties and forested areas. The current land use of the review area is forested with a residence and outbuildings near the Western center of the review area. At the time of the site visit, one residence, one barn, and three outbuildings were observed within the review area. All were in good condition. a 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: 0.463 4g. List the total estimated linear feet of all existing streams on the property: 6833 4h. Explain the purpose of the proposed project:* The project's purpose is for the construction of a residential development consisting of up to 316 total units of single family detached homes and attached townhomes. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" The project will require land clearing and grading using heavy equipment for the preparation and construction of the buildings. The development will require two permanent unavoidable impact to Waters of the United States and four temporary impacts. Impact S1 consists of 90 linear feet (-0.0107 acres) of perennial stream impact of CH 100 for the installation of a culvert for a road crossing. Impact S2 consists of 25 linear feet (--0.001 acre) of perennial stream impact of CH 200 for the installation of a culvert for a pedestrian path. The four temporary impacts S3, S4, S5, and S6 are for temporary pump arounds above and below the culverts. Each temporary impact is 20 LF and will be restored to previous conditions. 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: submitted January 19 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Atlas Staff Agency/Consultant Company: Atlas 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 Preliminary Jurisdictional Determination Request sent January 5, 2024 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 Buffers Open Waters Pond Construction 3. Stream Impacts u 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* Ilength* S1 road crossing Permanent Culvert CH 100 Perennial Both 90 Average (faeQ (linear feet) g2 pedestrian crossing Permanent Culvert CH 200 Perennial Both 10 25 Average (feet) (linear feet) S3 pump around Temporary Other CH 100 Perennial Both 20 Average (feet) (linear feet) S4 pump around Temporary Other CH 100 Perennial Both 20 Aveage (feet) (linear feet) SS pump around Temporary Other CH 200 Perennial Both 10 20 Average (feet) (linear feet) 56 pump around :_T� Other JCH 200 Perennial Both 10 I(OL.— Average(feet) t) �_] 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 115 80 3i. Total stream and ditch impacts: 195 3j. Comments: Impact S1 consists of 90 linear feet (-0.0107 acres) of perennial stream impact of CH 100 for the installation of a culvert for a road crossing. Impact S2 consists of 25 linear feet (-0.001 acre) of perennial stream impact of CH 200 for the installation of a culvert for a pedestrian path. The four temporary impacts S3, S4, S5, and S6 are for temporary pump arounds above and below the culverts. Each temporary impact is 20 LF and will be restored to previous conditions. 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: The site has been designed and engineered to avoid and minimize impacts to the greatest extent possible. All 0.463 acres of wetlands are being preserved. More than 98 % of the streams are being avoided. There is a FEMA floodplain and a named stream (Grants Creek) that briefly enter the review area along the Northwestern property boundary. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts have been reduced by the proposed design and location of the buildings, positioning of parking, and the design of stormwater basins. 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: No mitigation will be required for this project is below the mitigation thresholds. 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: Not adjacent to 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. China Grove Comments: 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. Not a phased project 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. project will connect to municipal sewer 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 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? IPAC and NHP 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? NC HPO Buffer Map 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? NC HPO Buffer Map 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 will not be building within the floodplain. 8c. What source(s) did you use to make the floodplain determination?" FEMA NFHL 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 Noah's Run ePCN documents compressed.pdf 4.48MB 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: Allyson Sinclair Signature Date 1/22/2024 8