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HomeMy WebLinkAbout20220795 Ver 2_ePCN Application_20240611DW 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# * 20220795 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Andrew Pitner:andrew.pitner Information for Initial Review 1a. Name of project: McCoy Farm 1a. Who is the Primary Contact?* Dean Harrell 1b. Primary Contact Email:* rdean@rdharrellcompany.com Date Submitted 6/11/2024 Nearest Body of Water Price Mill Creek Basin Catawba Water Classification C Site Coordinates Latitude: 35.0153 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Union Is this a NCDMS Project Yes No Longitude: -80.6779 Reviewing Office* Mooresville Regional Office - (704) 663-1699 1c. Primary Contact Phone:* (704)870-4610 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.' 6/9/2022 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 Are you a federal applicant?* Yes No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act." Not in coastal zone 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 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: Mills Ventures 2b. Deed book and page no.: 7510 and 0810 2c. Contact Person: Dean Harrell 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 5615 Potter Road Address Line 2 City Matthews Postal / Zip Code 28104 2e. Telephone Number: (704)870-4610 2g. Email Address:* rdean@rdharrelicompany.com 4. Agent/Consultant (if applicable) 4a. Name: Robert H. Bunch, Jr. 4b. Business Name: Palmetto Environmental Consulting, Inc. 4c.Address Street Address PO Box 1730 Address Line 2 city Lexington Postal / Zip Code 29071 4d. Telephone Number: (803)446-0577 4f. Email Address:* robert.bunch@palmettoenv.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Wesley Chapel 2. Project Identification 2a. Property Identification Number: 06024004 2c. Project Address Street Address Wesley Chapel Rd Address Line 2 City Wesley Chapel Postal / Zip Code 28104 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Price Mill Creek 3b. Water Resources Classification of nearest receiving water: C 3c. What river basins) is your project located it * Catawba State / Province / Region NC Country us 2f. Fax Number: State / Province / Region SC Country us 4e. Fax Number: 2b. Property size: 60 State / Province / Region NC Country us 3d. Please provide the 12-digit HUC in which the project is located. 030501030202 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 property currently consists of undeveloped fields and some small wooded areas. The surrounding properties consist of fields, woodlands, and residential evelopment. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 4b(2). Is Any Portion of the Work Already Complete?* Yes No If yes, describe the completed work. 4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401. 4f. List the total estimated acreage of all existing wetlands on the property: 0.046 acre of pond 4g. List the total estimated linear feet of all existing streams on the property: 135 4h. Explain the purpose of the proposed project: The proposed project consists of residential development that will The proposed project consists of residential development that will require impacting approximately 135 linear feet of stream for a road crossing to access the subdivision. The project will also require impacting approximately 0.046 acre of an existing pond for stormwater detention. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The overall purpose of the project is to construct a residential subdivision and associated infrastructure. The proposed project will require impacting approximately 135 linear feet of stream for a road crossing to access the subdivision. The project will also require impacting approximately 0.046 acre of an existing pond for stormwater detention. 4k. Will this activity involve dredging in wetlands or waters? Yes No If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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-2020-01342 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Paul Petitgout Agency/Consultant Company: Lowrys Environmental and Ecological Services Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 8-3-2020 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 7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) 8. Scheduling of Activity: D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Pond: 100 CYDs; Stream: 300 CYDs 3. Stream Impacts U Buffers 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name" �3e. Stream Type*]3f. ?) Type of Jurisdiction* 3g. S. width 3h. Impact length' g1 Road Permanent Culvert SA Intermittent Both Average (feet) 135 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 135 31. Total stream and ditch impacts: 135 3i. Total cubic yard stream impacts:" 280 3j. Comments: 4. Open Water Impacts 3i. Total temporary stream impacts: 0 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area WA Stormwater P WA Reshaping _11 Pond 0.05 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.05 4g. Total cubic yard open water impacts:" 100 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 4g. Total permanent open water impacts: 0.05 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Jurisdictional waters were avoided and impacts were minimized to the extent feasible. The proposed stream impact is unavoidable due to the location and orientation of the stream that crosses the southeastern portion of the site. The drainage feature that is proposed to be crossed bisects the property from Wesley Chapel Road, so in order to access the property from Wesley Chapel Road, it must be crossed. An unimproved road has provided access to the property in the past. Due to little water flow in the drainage feature, the existing crossing is a ford at grade. In an effort to minimize impacts, the applicant proposes to use the existing crossing and cross perpendicular to the stream. The existing pond has been mostly avoided; a small area along the edge of the pond must be graded to allow the proper configuration of the stormater detention pond. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The majority of the onsite waters were avoided by the proposed project. 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: <150 lin ft of stream impact, <0.1 acre of wetlands/open water impact. O 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: Please see the attached Stormwater SCM Calculations 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: Attached is the SCM Calculation binder which was submitted to NCDEQ on April 4th. Both water quality and detention are provided. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) 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. See attached engineering calculations 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 project will be served by a Waste Water Treatment Plant which has capacity. See attached state approved sewer permit; this means the waste water plant has already "set aside" capacity for this project. 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? The attached USFWS threatened and endangered species list. IPaC Regulatory Review, attached Biological Assessment 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? IPaC Regulatory Review 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? HPOWEB 2.0, attached 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? Attached FIRMette 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 FIRMETTE_e668de8b-306e-4185-adOb-e808566f59cd.pdf 719.25KB Biological Assessment 2024-06-11.pdf 426.1KB Species List_ Asheville Ecological Services Field Office.pdf 806.99KB 2024-05-01_McCoy Farm Wetland Exhibit2.pdf 7.95MB grading plan.pdf 1.91MB 2024-04-04_McCoy Farm NCDEQ 2nd Submital SCM Calc Binder.pdf 13.99MB WQ0042956_20211115_FTSE_PERM.docx.pdf 625.99KB McCoy Farm 401 Approval Letter 2022.10.04.pdf 1.24MB HPOWEB.pdf 243.3KB File must be PDF or KMZ Comments Signature O 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: Robert H. Bunch, Jr. Signature Date 6/11/2024