HomeMy WebLinkAbout20180536 Ver 1_401 Application_20180418DWR
Division of water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
January 31, 2018 Ver 2.3
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.govMaterResources/0/edocl6247041PCN%20Help%20File%202018-1-30.pdf
A. Processing Information
County (or Counties) where the project is located:*
Mecklenburg
Is this project a public transportation project?*
f Yes f• No
This is any publicly funded by nunicipal,state or federal funds road, rail, airport transportation project.
1a. Type (s) of approval sought from the Corps:*
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?*
IJ Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits.
All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form.
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Number Other:
List all IWV nurrbers you are applying for not on the drop down list.
1c. Type(s) of approval sought from the DWR:*
check all that apply
IJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express
F Non -404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
*
1d. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
r Yes C No
For the record only for Corps Permit: C Yes O No
1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program
f Yes C No
1f. Is the project located in anyof NC's twentycoastal counties?*
r Yes C No
1h. Is the project located in a designated trout watershed?*
f Yes f• No
Link to trout information: http://vmw.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx
B. Applicant Information
1a. Who is the Primary Contact?*
S. Paul Petitgout
1b. Primary Contact Email:*
ppetitgout@gmail.com
1c. Primary Contact Phone:*
(XXX)XXX-XXXX
(803)992-0910
1d. Who is applying for the permit?
❑ Owner r Applicant (other than owner) rJ Agent/Consultant
(Check all that apply)
2. Owner Information
2a. Name(s) on recorded deed:
Forestar Real Estate Group
2b. Deed book and page no.:
DB: 32394 Page: 563
2c. Responsible party:
(for Corporations)
Michael Quinley
2d. Address
Street Address
3330 Cumberland Boulevard
Address Line 2
Suite 275
City State / Province/ Region
Atlanta GA
fbstal / Zip Code Country
30339
2e. Telephone Number:
(XXX)XXX-XXXX
(770)272-7760
2f. Fax Number:
(XXX)XXX-)O=
2g. Email Address:*
pmurphy@rjoeharris.com
4. Agent/Consultant (if applicable)
4a. Name:
S. Paul Petitgout
4b. Business Name:
(if applicable)
Lowrys Environmental & Ecological Services, LLC
4c. Address
Street Address
1823 Quinn Road
Address Line 2
city
Chester
Postal / Zip Code
29706
4d. Telephone Number:
(803)992-0910
(xxx)xxx-xxxx
4e. Fax Number:
(xxx)xxx-xxxx
4f. Email Address:*
ppetitgout@gmail.com
State / Province/ Region
SC
Country
Agent Authorization Letter*
Pease provide the Agent Authorization Letter if you are submtting this docunent.
Executed Agent Authorization form—Lanier Village.pdf 43.22KB
FILETYP U-STBEFDF
C. Project Information and Prior Project History
1. Project Information
1a. Name of project:*
Lanier Village Phase 2
1b. Subdivision name:
(if appropriate)
Lanier Village
1c. Nearest municipality / town:
*
Charlotte
1d. Driving directions*
If it is a new project and can rat easily be found in a GPS napping system Pease provide directions.
From 1-485, take exit 39 and head west (towards Charlotte). Go approximately 1.5 miles and turn right onto Harrisburg Road. From there, go
approximately 0.4 mile and turn right onto Brawley Lane. From there, go approximately 0.4 mile and turn in to the phase I portion of the
Lanier Village Development. Follow the roadway (may be dirt) to the rear of the property. Phase 2 is on the other side of the tributary.
2. Project Identification
2a. Property Identification Number:
(tax PN or parcel ID)
11139196
2b. Property size:
(in acres)
±37.66
2c. Project Address
Street Address
8245 Teeter Drive (road entering the property is Bradstreet Commons Way)
Address Line 2
UY State / Province / Fbgion
Charlotte NC
Fbstal / Zip Code Country
28215
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as
appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to
map coordinates to 5 or 6 digits after the decimal place.)
Latitude:* Longitude:*
35.246886 -80.666921
ex: 34.208504 -77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Reedy Creek
3b. Water Resources Classification of nearest receiving water:*
C
Surface Water Lookup
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
River Basin Lookup
4. Project Description
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:*
NC Land Cover Categories that occur on site:
Forest Land
Mixed Deciduous -Coniferous Forest Land (Oak -Pine)
Water Bodies
Linear Drainage
NC Land Use Categories that occur on site:
Active Forest Management and Harvesting (Passively Managed Forest Stands)
Water Bodies (Non -used or Passively Used Water Bodies)
Current Site Conditions
The subject property currently comprised of passively managed timberland. The forest community that makes up
the buffer along the UT to Reedy Creek is dominated by a canopy of sweetgum (Liquidambar styraciflua), red
maple (Acer rubrum), boxelder (Acer negundo), yellow poplar (Liriodendron tulipifera) and scattered individuals of
loblolly pine (Pinus taeda) . The shrub layer consisted primarily of scattered sweetgum and red maple. The
groundcover consists of vines such as Japanese honeysuckle (Lonicera japonica) and wild grape (Vitis
rotundifolia) with herbaceous individuals such blackberry (Rubus argutus) also being present. Topography in the
area is generally flat within the floodplain area to moderately sloped across the remainder of the property.
Jurisdictional waters of the U.S. were classified according to USACE guidance. The results of the jurisdictional
determination investigation indicated that there two jurisdictional stream segments located within the project area.
These largest stream segment is a least second order and the other stream segment is a very short first order
tributary that originates in the floodplain and empties into the UT of Reedy Creek, a part of the Yadkin -Pee Dee
River basin (HUC #03040105) (USGS 1974).
4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for
DWR)
Qick the upload button or drag and drop files here to attach docurrent
Lanier Villages Sheet 1.pdf 2.36MB
File type mist be pdf
4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site.
(for DWR)
Qick the upload button or drag and drop files here to attach docurrent
Lanier Villages Sheet 3.pdf 1.78MB
File type mut be pdf
4d. List the total estimated acreage of all existing wetlands on the property:
0.0 -ac - for Phase 2
4e. List the total estimated linear feet of all existing streams on the property:
(intermttent and perennial)
±1,400 If
4f. Explain the purpose of the proposed project:*
The growth of the housing market in the greater Charlotte area has been enormous since the end of the "Great
Recession." The demand for housing in the area has skyrocketed since 2011 and appears to be heading for
increases into the foreseeable future. With this in mind, the owners of the Lanier Village Phase 2 Development
Site have been working to entitle the site to help meet the growing need for housing in this quickly growing area of
Mecklenburg County, North Carolina. Currently, demand is extremely strong for housing in this area of Charlotte
due to very rapid growth. The increased demand has been created by a shortage of entitled developments that
have the needed infrastructure to quickly move from an undeveloped state to finished lots in the area. With this in
mind, the basic purpose of this project is to provide residential housing in this area of Iredell County where growth
is exceeding the supply of housing, while completing the development in an environmentally sensitive manner
(keeping stream impacts to the minimum necessary to meet the overall objective of the project). The overall
purpose of the project is to construct the development by bringing on line Phase 2 which will be able to use the
eAsting infrastructure (sewer), which should allow the area to be developed with less environmental impact than if
the development was starting from scratch on other properties.
4g. Describe the overall project in detail, including indirect imapacts and the type of equipment to be used:*
This project consists of the construction of a single stream crossing for a road that will connect Phases 1 and 2
(Phase I is currently under construction). This crossing provides a second access point to Phase 2. The crossing
will consist of a single culvert system. The culvert generally matches the width of the eAsting channel.
Typical construction equipment (such as a track hoe, bull dozer, dump trucks, etc.) will be used to construct the
crossing.
4h. Please upload project drawings for the proposed project.
Qick the upload button or drag and drop files here to attach docurrent
2606 -Stream Impact Figures.pdf
457.07KB
Lanier Villages Sheet 1.pdf
941.82KB
Lanier Villages Sheet 2.pdf
909.58KB
Lanier Villages Sheet 3.pdf
778.79KB
Lanier Villages Sheet 4.pdf
626.76KB
File type mist be pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?*
f• Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved
Corps AID Number:
6carrple: SAW -2017-99999
JD Request Submitted with PCN - which is attached
r Unknown
F N/A
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
S. Paul Petitgout
Lowrys Environmental & Ecological Services, LLC
5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
JD Request is attached
5d1. Jurisdictional determination upload
Qick the upload button or drag and drop files here to attach docurrent
Prelim JD Request Lanier Village Phase 2—Mecklenburg County NC.pdf 3.08MB
File type mist be FDF
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
r Yes
f No
r Unknown
6b. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
USACE Action ID 200331301 Issued December 15, 2003 — Expired December 15, 2005. This permit authorized the
placement of fill and installation of culverts associated with a road crossing to access Brawiey Farms Phase 4
(Lanier Village). Total permanent impacts to wetlands authorized by this permit are 0.029 -acre of wetlands (This
permit replaces the previous authorization dated October 21, 2003, Related AID 200030652).
Project History Upload
nick the upload button or drag and drop files here to attach docurrent
NWP 200331301.pdf 460.57KB
File type mist be RDF
7. Future Project Plans
7a. Is this a phased project?*
r Yes r No
7b. If yes, explain.
Yes, this is a phased project. However, phase 2 appears to be the final phase.
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? This includes other separate and distant crossing for linear projects that require Department of the
Army authorization but don't require pre -construction notification.
No, there are no other anticipated impacts assocaiated wiht this project.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands
r- Open Waters
r% Streams -tributaries
r Pond Construction
❑ Buffers
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites
impacted.
3a. Reason for impact*3b.lmpact 3c. Type of impact*3d. Stream name* 3e. Stream 3f. Type of 3g. Stream 3h. Impact
type* Type* Jurisdiction* width* length*
S1 Road Crossing P Culvert SA- UT to Reedy Perennial Both 12 124
Ivbp label (e.g. Imad Crossing Permanent (Pt or Creek Perennial (PEPS or Average (linear feet)
1) Temporary (T) intermttent (INT) (feet)
** All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
124
3i. Total temporarystream impacts:
0
3i. Total stream and tributary impacts:
124
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:*
The only impact associated with this phase of the development is a single road crossing that will be used to access
the property from Phase 1. This along with the 0.029 -acre impact that was permitted in 2003 are the only impacts
associated with the development.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:*
The length of the impact was kept to a minimum. In this instance, the minimum is 124 linear feet. The minimum
thickness of the fill material over the pipe and the minimum slope angles for the crossing are dictated by the City
and NCDOT for safety reasons.
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?
r Yes C No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Since the project impacts are below the mitigation thresholds and the impacts are believed to be minimal in nature, there is no required
mitigation. This determination takes into account the previous impacts under USACE AID #200331301 (0.029 -ac of wetland impact).
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
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?
f Yes C No
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
This project does not occur near nor is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection
Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
r Yes C No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?*
r Yes
C No
To look up low density requirement click here 15A NCAC 02H.1003(2).
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?*
r Yes
f No
Hnt: projects that have vested rights, exemptions, or grandfathering from state or locally implemented storrrwater programs or projects that satisfy state or locally-inplerrented stormwater programs
through use of corrrrunity in -lieu programs should answer no to this question.
2d. Which of the following stormwater management program(s) apply (check all that apply):*
rJ Local Government
F State
Local Government Stormwater Programs*
rJ Phase II
r- NSW
r- USMP
r- Water Supply
Please identifywhich local government stormwater programyou are using.*
City of Charlotte
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?*
f Yes r 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)? *
r Yes G No
2b. Is this an after -the -fact permit application?*
f Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact
nearby downstream water quality?*
f Yes C No
3b. If you answered "no," provide a short narrative description.
No, this project consists of a single road crossing for access to a second phase of development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor 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 be serviced by an ebsting sewer line owned and operated by Charlotte Mecklenburg Utilities. Current
capacities can be requested and provided if required.
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?
f Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?*
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
O Yes r No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30.17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?*
f Yes r 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.?
t' Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS Database (including NLEB watershed review for Western NC
NCNHP Database review
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
f Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
http://gis.ncdcr.gov/hpoweb/ and the National Register of Historic Places
7c. Historic or Prehistoric Information Upload
Click the upload button or drag and drop files here to attach docurrent
NCHPO Buffer Tool - Lanier Village 0-75 mi radius.pdf 546.9KB
File rust be FDF
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes C No
8c. What source(s) did you use to make the floodplain determination?*
Panel 3710550400K (effective 2/19/2014)
Miscellaneous
Miscellaneous attachments not previously requested.
Click the upload button or drag and drop files here to attach docurent
Prelim JD Request—Lanier Village Phase 2—Mecklenburg County NC.pdf
3.08MB
Preliminary ORM Data Entry Fields for New Actions_ Lanier Villages.pdf
58.87KB
Lanier Property Card.pdf
3.17KB
Lanier Village Phase 2_grading & BMP_Stormwater.pdf
7.37MB
File mist be FDF or KNE
Signature
rJ By checking the box and signing below, I certify that:
■ 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:*
S.Paul Petitgout
Signature
Sign
Initial Review
Is this project a public transportation project?* (?
f Yes r No
Change only if needed.
Has this project met the requirements for acceptance in to the review process?*
O Yes
f No
BIMS # Assigned*
20180536
Version#*
1
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
Is a payment required for this project?*
F No payment required
r Fee received
f Fee needed - send electronic notification