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