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HomeMy WebLinkAbout20190515 Ver 2_401 Application_20191106q c(9 os Vol �- Preliminary ORM Data Entry Fields for New Actions C I� SAW — 2018 - 1806 BEGIN DATE [Received Date]: f> Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Presley Site 2. Work Type: Private IV—/] Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: Residential Development 4. Property Owner / Applicant [PCN Form A3 or A4]: Presley Development LLC; POC: Sean Cooney 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: CWS; POC: Mr. Dan Zurlo 6. Related Action ID Number(s) [PCN Form 65b]: SAW-2018-01806 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: North of the Union Road and New Hope Road intersection in Gastonia, North Carolina 35,182055,-81.115505 8. Project Location -Tax Parcel ID [PCN Form 131a]: 3562776203 9. Project Location — County [PCN Form A2b]: Gaston 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Gastonia 11. Project Information — Nearest Waterbody [PCN Form 132a]: UT t0 Catawba Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03050101 Authorization: Section 10 ❑ Section 404 IV] Section 10 & 404 ❑ Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 29 ❑ Regional General Permit # Jurisdictional Determination Request Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) To: Ms. Catherine Janizack Charlotte Regulatory Satellite Office U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801 Date: October 29, 2019 Mr. Alan Johnson Division of Water Resources - Water Quality Regional Operations 610 East Center Ave., Suite 301 Mooresville, NC 28115 Subject: Presley Site Gastonia, North Carolina SAW-2018-01806, DWR#19-0515 CWS Project No. 2019-0127 LETTER OF TRANSMITTAL WE ARE SENDING YOU: Update to NWP 29 ON BEHALF OF: Presley Development, LLC, POC: Mr. Sean Cooney ATTACHMENTS INCLUDED: NO. DESCRIPTION A Agent Authorization B Updated PCN C Additional Impacts D Previous NWP 29 Authorization SAW-2018-01806 E I WQC 4139 Authorization DWR#19-0515 THESE ARE TRANSMITTED as checked below: ✓ For verification and signature ❑ Revisions per field visit ❑ As requested ❑ As submitted REMARKS: Ms. Janizack. we are submitting an update to a previously approved NWP 29 application for your verification and signature. Additional stream impacts (S4-S5) are proposed in addition to previously permitted stream impacts (S1-S3), resulting from the extension of an existing culvert under Union New Hope Road. Please do not hesitate to contact Dan Zurlo at 717-460-3466 or dan@cws-inc.net should you have any questions or comments regarding this request. Sincerely, L� Dan Zurlo Project Scientist Christine Geist, PWS, CE Principal Scientist AGENT CERTIFICATION OF AUTHORIZATION I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representative(s) of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, Sean Cooney , representing, Suncrest Real Estate and Land , hereby certify that I have authorized Dan Zurlo of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / permitting and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Agent's signature 07-25-18 Date Date 7/25/2018 Completion of this form will allow the agent to sign all future application correspondence. OW ATFR��OG _ Office Use Only: Corps action ID no. DWQ project no. _ Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. 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. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Presley Residential 2b. County: Gaston 2c. Nearest municipality / town: Gastonia 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 4 Star Investors LLC 3b. Deed Book and Page No. 4549-0097 3c. Responsible Party (for LLC if applicable): Sean Cooney 3d. Street address: P 0 BOX 2494 3e. City, state, zip: Gastonia, NC 28053 3f. Telephone no.: 602-481-4301 3g. Fax no.: N/A 3h. Email address: scooney@suncrestreal.com Page 1 of 14 PCN Form —Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other: Developer 4b. Name: Sean Cooney 4c. Business name (if applicable): Presley Development LLC 4d. Street address: 2701 East Camelback Road, Suite #180 4e. City, state, zip: Phoenix, Arizona, 85016 4f. Telephone no.: 02-481-4301 4g. Fax no.: N/A 4h. Email address: cooney@suncrestreal.com 5. Agent/Consultant Information (if applicable) 5a. Name: Daniel Zurlo 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 717-460-3466 5f. Fax no.: N/A 5g. Email address: Dan@cws-inc.net Page 2 of 14 PCN Form —Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 3562776203 1 b. Site coordinates (in decimal degrees): ILatitude: 35.182055 Longitude:-81.115505 1 c. Property size: 314 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Sugar Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Catawba River (03050103) 3. Project Description 3a. 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 project area consists of an undeveloped forested parcel, with on -site elevations ranging from 670-740 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, mid -successional mixed forest, and forested wetlands (Figure 3). According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Gaston County (Figure 4) and the NRCS 1989 Soil Survey for Gaston County (Figure 5), current and historic on -site soils consist of eight different soil types (Table 1). Of the on -site soils, two are listed on the Web Soil Survey as containing hydric inclusions. 3b. List the total estimated acreage of all existing wetlands on the property: 0.525 ac. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4,838 If of stream channel 3d. Explain the purpose of the proposed project: The purpose of this project is to construct a residential subdivision which will provide needed housing in Gastonia, NC, a rapidly growing suburb of Charlotte. Page 3 of 14 PCN Form —Version 1.4 January 2009 Describe the overall project in detail, including the type of equipment to be used: This application is a modification to a previously authorized NWP 29 (SAW-2018-01806, NC ID 19-516). The project proposes to disturb 146 wooded acres to construct a residential development on Gaston County tax parcel 3562776203. The site will be cleared and graded in preparation for construction. Previously Permitted Impacts Site preparation will involve the installation of a 100 ft, 60" corrugated metal pipe (CMP) culvert within intermittent Stream B that will result in 120 If of permanent impacts (S1) and 40' of total due to dewatering and retaining wall construction (S2) (Attachment D). In accordance with regional condition for all nationwide permits 3.6.1., the culvert will be buried 1 ft below the bed of the stream. These impacts to Stream B result from the need for a road crossing that will connect the northern and southern portions of the site. Plans for proposed grading and development of the Presley Residential Site are shown in Attachment A. Additional Impacts Additionally, the culvert supporting the Union New Hope Road crossing of Stream C will be extented to support widening of Union New Hope Road resulting in 27 If of permanent impacts (S4) and 50' of total temporary impacts due to dewatering and retaining wall construction (S5) (Attachment D). In accordance with regional condition for all nationwide permits 3.6.1., the culvert will be buried 1 ft below the bed of the stream. Permanent stream impacts total 147 If. Temporary stream impacts total 138 If Erosion and sedimentation control measures will be installed. Water will be diverted around the construction area. The proposed structure will be placed in line with the stream. The new culvert structure will be a 60" CMP with retaining walls. Water will be pumped around the work area during construction by temporary flexible hose and 10' riprap pits upstream and downstream of the proposed pipe. Equipment to be used includes a track hoe, dump truck, pumps, various hand tools, possibly a crane to move construction material such as reinforced bars of steel, and concrete buckets to place concrete. Page 4 of 14 PCN Form —Version 1.4 January 2009 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by Yes the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? 4b. If the Corps made the jurisdictional determination, Preliminary Final what type of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: CWS Name (if known): 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A Request for Preliminary Jurisdictional Determination was submitted to the USACE (SAW-2018-01806). A field site visit was conducted with Corps Project Manager Catherine Janiczak on October 4, 2018. A PJD was issued for the site on October 24, 2018. 5. Project History 5a. Have permits or certifications been requested or Yes No Unknown obtained for this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. This application is a modification to a previously authorized NWP 29 (SAW-2018-01806, NC ID 19-616). 6. Future Project Plans 6a. Is this a phased project? Yes t No 6b. If yes, explain. This is Phase 1 of a two phase residential development. Phase 2 work will avoid wetlands and streams to maximum extent practicable. Page 5 of 14 PCN Form —Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): Wetlands Streams — tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Area Wetland impact Type of impact Type of wetland Forested Type of jurisdiction of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary W1 W2 W3 € 2g. Total Wetland Impacts: 2h. Comments: 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary m (feet) feet) S1 P Culvert Stream B INT Corps 5 ft 120 S2 T Temporary Dewatering Stream B INT Corps 5ft 40 S3 T Open -cut Trench Stream B PER Corps 5ft 48 S4 P Culvert Stream C INT Corps 3ft 27 S5 T Temporary Dewatering Stream C INT Corps 3ft 50 3h. Total stream and tributary impacts 285 Page 6 of 14 PCN Form —Version 1.4 January 2009 3i. Comments: Summary of impacts: Permanent Impacts (loss of waters): 147 If Permanent (no loss of waters): 0 If Temporary impacts: 138 If Total: 285 If Page 7 of 14 PCN Form —Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose One Choose O2 - Choose One Choose 03 - Choose One Choose 04 - Choose One Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose One P2 Choose One 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts re uire mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number- Permanent (P) or Temporar T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 _ Yes/No B3 _ Yes/No B4 _ Yes/No B5 _ Yes/No B6 _ Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 8 of 14 PCN Form -Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. To avoid and minimize the impacts to jurisdictional waters of the U.S., the Presley residential site was delineated and the results of that delineation informed the final site plans. The site was designed in order to minimize impacts to waters of U.S. as just one unavoidable stream crossing is proposed. Rejected Alternative- No Build Option A 'No build' alternative was considered during the planning of this project. The purpose of the project is to construct a residential subdivision to serve Gastonia, NC, a rapidly growing suburb of Charlotte. A 'No Build' alternative would not meet project goals. Therefore, this alternative was removed from consideration. Preferred Site Plan The preferred site plan has minimized impacts to Waters of US to the maximum extent practicable. Impacts to Stream B (120 If, S1; 40 If, S2) were unavoidable (Attachment D). Multiple design limitations have been imposed to the proposed development from the City of Gastonia and NCDOT. City Planning has indicated that there is future planning for Union Road to be extended beyond its intersection with Union New Hope Road as a four -lane highway. Though Union Road will be constructed as a two-lane road for this development, a future thoroughfare alignment was incorporated into the design to obtain City approval. Due to the anticipated size and traffic volume a turn signal will be installed at the Union Road and Union New Hope Road intersection and Union New Hope Road will be widened to have turn lanes for ingress and egress of the proposed subdivision. This proposed road widening and the need for BMP #3 makes re -configuring the proposed road crossing so that the proposed road does not cross Stream B not plausible under a nationwide permit. Any reconfiguration of the alignment to avoid Stream B would create impacts to Stream B from BMP #3 which is not allowable under a nationwide permit. The preferred site plan has designed the road crossing of Stream B to be at the closest angle to perpendicular as possible given design constraints. The width of the crossing was limited to the necessary area to allow traffic to pass safely in two directions. Due to sinuosity of the stream, the 100 If culvert will impact 120 If of stream. Additionally, as a result of the planned widening of Union Road, the culvert supporting the crossing of Stream C must be widened to support to the road widening. This will result in only an additional 27 If of permanent impact to Stream. Total permanent streams total 147 If. One additional impact will occur as an open cut trench sewer line crossing totaling 48 If (Attachment D, S3). A waiver of the 40 ft wide construction corridor for utility lines is requested for this activity. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion and sedimentation control measures will be properly installed and inspected in accordance with the latest NPDES permit. Erosion and sedimentation BMPs will be installed prior to construction. Water will be diverted around the work area to prevent sedimentation of downstream aquatic resources and all work will be conducted in the dry. Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, restrictions against the staging of equipment in or adjacent to waters of the US. This project will follow all conditions of NWP 29 and WGC 4139. All temporary impacts will be removed, and channel bed and banks will be restored to existing elevations. Equipment to be used includes a track hoe, dump truck, pumps, various hand tools, possibly a crane to move construction material such as reinforced bars of steel, and concrete buckets to place concrete. Typical heavy equipment will be used in the grading operations (bulldozers, excavators, dump trucks, graders, etc.). Page 9 of 14 PCN Form —Version 1.4 January 2009 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 Z, No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose One Type: Choose One Type: Choose One Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: Choose One 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? El Yes ®No Page 10 of 14 PCN Form — Version 1.4 January 2009 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 11 of 14 PCN Form —Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. The site is not adjacent to protected NC Riparian Buffers. ❑ Yes Z No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Development of the site will require the construction of BMP's in accordance with the Gaston County Stormwater Control Ordinance. Site stormwater run-off from developed areas will be routed through BMP's before discharge. The project is currently under review by the Gaston County. Approval is expected within the next few weeks. 2e. Who will be responsible for the review of the Stormwater Management Plan? Gaston County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is this project? Gaston County ® Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Z No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties El HOW HQ HOW 4a. Which of the following state -implemented stormwater management programs apply El (check all that apply): ❑ Session Law 2006-246 El Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 12 of 14 PCN Form —Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the Yes No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State Yes No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval JQ1, Yes No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, Yes No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? Yes No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This is Phase 1 of a two phase residential development. There are additional waters of the US on the site that may be impacted by development of Phase 2. Structural Stormwater Control measures will be implemented to manage stormwater runoff from the site and minimize impacts to the existing stream. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. On -site sewage will be treated off site at a Gaston County treatment plant. Page 13 of 14 PCN Form —Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes $# No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? To determine which protected species are listed as occurring or potentially occurring within the project vicinity, and prior to conducting the on -site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer on February 19, 2019 to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat were located within the project limits. The results of the desktop review and habitat assessment are included in the Protected Species Habitat Assessment Report (Attachment E). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries: http:/twww.habitat.noaa.gov/protection/efh/habitatmapper.htmi 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 Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A review of the NC State Historical Preservations Offices HPO GIS Website (http://gis.ncdcr.gov/hpowebn indicates there are no historical sites within the project limits. One historically preserved site within 0.5 miles of the Project area (Craig Farmstead, GS0320). A request for determination of effect was requested from SHPO but no response has been issued as of the time of this PCN submittal. B. 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: 8c. What source(s) did you use to make the floodplain determination? https://msc.fema.gov/portal/search 10/29/19 Mr. Daniel Zurlo Applicant/Agent's Signature (Agent's Applicant/Agent's Printed Name signature is valid only if an authorization letter Date from the applicant isprovided.) Page 14 of 14 PCN Form —Version 1.4 January 2009 INTERMITTENT STREAM \\ \\ \ EXISTING TOP OF BANK \ Q` EXISTING BOTTOM OF BANK //,✓/ / / �� ! ��% ' , p � CULVERT INLET NEEDED FOR _ CONSTRUCTION OF RETAINING \ \\ \ \// WALLS AND DEWATERING / / , \ / — ///\� 21 WHO 10' RIP -RAP SUMP PIT WITH 0 TEMPORARY PUMP AROUND. , \ 2 22. WILLOW STREAM PUMP AROUND DURING CULVERT CONSTRUCTION. AS NEEDED. PROPOSED RETAINING WALL 7 LF OF ADD 0 AL MPACTS S4 EXISTING STREAM FOR THE ROPOSED CULVERT EXTENSION PF UE TO ROADWAY WIDENING ND PROPOSED GRADING. �— 7 LF OF PROPOSED 48" RCP // / -1111, G 0 15 Y 5 G ol PROPOSED ROADWAY // / / / / /// s / -1-l7 I_F 4 - WIDENING/IMPROVEMENTS; PROPOSED TAINING WALL PROPOSED STREET CONNECTION TO EXISTING t, a / / / / �QQ�DWALL UNION ROAD / / \ CUILVERT THE REMAIN AND / m / / ` \ OQ 30 LF OF TEMPORARY IMPACTS AT / / / \\ / r/ / / / / /• / �\ EXISTING CULVERT OUTLET NEEDED FOR CONSTRUCTION OF RETAINING WALL. 10' RIP -RAP SUMP PIT FOR TEMPORARY PUMP AROUND DISCHARGE. N ColeJenest PRESLEY RESIDENTIAL UNION NEW HOPE ROAD - CULVERT EXTENSION/ROAD WIDENING - PLAN VI & Stone PRESLEY DEVELOPMENT, LLC Project No. 4561 Issued8.12.19 SCALE: 1"=20' 0 10' 20' 40' GENERAL NOTES 1.) STREAM BEDS ARE NOT TO BE DISTURBED FOR ANY REASON OUTSIDE OF PERMITTED DISTURBED LIMITS. 2.) SILT FENCE TO BE INSTALLED PRIOR TO WALL CONSTRUCTION TO PREVENT / ACCIDENTAL DISTURBANCE. / BMP #5 / FUTURE THOROUGHFARE / ALIGNMENT PHASE 1 \/ DEVELOPMENT / TEMPORARY SEWER , CROSSING DISTURBANCE BMP #4 PHASE 1 STREAM \ IMPACTS BMP #2 \ � BMP #1 \ BMP #3 AMENITY FUTURE PHASE 2 DEVELOPMENT BMP #6 ADDITIONAL PHASE 1 STREAM IMPACTS FOR ROADWAY WIDENING/ CULVERT EXTENSION ti ColeJenest PRESLEY RESIDENTIAL OVERALL SITE PLAN PHASING MAP & stone PRESLEY DEVELOPMENT, LLC Project NO.4561 Issued8.12.19 SCALE: 1"=500' I 0 250' 500' 1000, 690 77.42 LF OF 48" 0 1.829b--\ 665 PROPOSED GRADE PROPOSED RETAINING WALL PROPOSED STORM MANHOL ------- 690 EXISTING HEADWALL TO BE REMOVED 685 'ULVERT DUE TO DENING WORK 700 695 EXTENDING ROADWAY EXISTING STREAM GRADE 680 27.87 LF OF 48' 0 0.50% 675 EXISTING1,48" CULVERT "0 t0 N 04 rl- OD OD r- r- to to to to (0 to to to 670 665 —1+00 —0+50 0+00 0+50 1+00 1+50 2+00 2+50 3+00 PROFILE 700 695 X 700 675 675 PROPOSED 48" PIPE I-KUM PROPOSED HEADWALL TO PROPOSED MANHOLE JUNCTION. 670 670 SCALE: 1 =5' V 0 2.5' 5' 10, 665 1 665 SCALE: V=50' H 0 0 C� C� 00 co CC) ()R FO F0 OD 00 04 04 (0 (0 to (0 0 25' 50' 100, —0+50 0+00 0+50 1+00 1+50 CROSS SECTION ColeJenest PRESLEY RESIDENTIAL UNION NEW HOPE ROAD - CULVERT EXTENSION/ROAD WIDENING - PLAN VIEW & Stone PRESLEY DEVELOPMENT, LLC Project No. 4561 Issued 8.12.19 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-01806 County: Gaston U.S.G.S. Quad: NC -Belmont GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Preslev Development LLC Sean Cooney Address: 2701 East Camelback Road, Suite 180 Phoenix, AZ 85016 Telephone Number: 602-481-4301 E-mail: scoonevasuncrestreal.com Size (acres) 314 Nearest Town Gastonia Nearest Waterway Sugar Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.182055 Longitude:-81.115505 Location description: The proiect area is located 0.391 miles West of the intersection Union New Hone Road and Craialand Lane in Gaston County. PIN: 3562776203. Description of projects area and activity: This verification authorizes: 1.) The permanent impact of 120 linear feet of Stream B (intermittent) for a culvert 2.) The temporary impact of 40 linear feet of Stream B (intermittent) for temporary dewatering 3.) The temporary impact of 48 linear feet of Stream B (perennial) for an open -cut trench Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 4/18/2019, and the enclosed plans Overall Site Plan Phasing Map dated 04/10/2019 Culvert Crossing -Plan View dated 02/12/2019. Utility Plan dated 04/10/2019, & Phase 1 Temporary dated 4/18/2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or Catherine.M.Janiczak(a,usace.army.mil. Corps Regulatory Official: Date: 6/20/2019 Expiration Date of Verification: 03/18/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/Pp=l 36:4:0 Copy furnished: Agent: CWS, Inc. Aliisa Hariuniemi Address: 550 E. Westinehouse Boulevard Charlotte, NC 28273 Telephone Number: 980-259-1222 E-mail: aliisa(a),cws-inc.net Action ID Number: SAW-2018-01806County: Gaston Permittee: Presley Development LLC, Sean Cooney Project Name: Presley Development LLC Development Date Verification Issued: 6/20/2019 Project Manager: Catherine M. Janiczak Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Catherine M. Janiczak Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or Catherine.M.Janiczak@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date GFNFRAL NOTES S1- Culvert Crossing 1.) STREAM BEDS ARE NOT TO BE 120 If pf permanent impacts DISTURBED FOR ANY REASON OUTSIDE OF (Detail Sheet 1)� PERMITTED DISTURBED LIMBS. 2.) SLT FENCE TO BE INSTALLED PRIOR TO S2- Temporary Dewatering WALL CONSTRUCTION TO PRE%ENT 401f of temporary impact Detail ACCIDENTAL DISTURBANCE, p ry p ( z ��,� 1 �:' 3-) STREAMS ARE NOT TO BE DISTURBED Sheet 2 -:� M t!`l - 7 FOR BORING OPERATIONS, BEFORE OR AFTER PIPE INSTALLATION. / BMP #5 / FUTURE THOROUGHFARE I �+ ,. r /r _4;,i ALUGNMENTPHAc SE I ILL J�. 1 / ,`j)� i l ,• DEVELOPMENT / FUTURE PHASE 2 j BMP 04 ` DEVELOPMENT PHASE I STREAMIMPACTS BMP #2 -- T ) BMP g1 J BMP /6 \ BMP /3 j y 0:i r -� -� Phase 2 Union New Hope Road - � - - Connection tHM new HOPE RDAD © & Stop rlsst PRESLEY RESIDENTIAL OVERALL SITE PLAN PHASING MAP ti storTe PRESLEY DEVELOPMENT, LLC Project No.4561 Issued4.10.19 SCALE: 1^=500' 0 250' 500' tow INTERMITTENT STREAM Detail Sheet 2 EXITING 'TOP B K _.\ EXISTING 807M RIP -RAP SUMP PIT FOR IEMPORARY PUMP AROUND DISCHARGE. \ \ \ \\\\\\\,. / \ / \ \ \ S2�, \ \ oor 11 \ \ \ 20 tF OF TEMPORARY IMPACTS AT CULVERT OUTLET NEEDED FOR CONSTRUCTION OF RETAINING - _ ///"` �^ \ 'WALLS AND DEWATERING \ STREAM PUMP AROUND DURING WT \ CULVERT CONSTRUCTION 12,Q PROPOSED RETAINING WALL PROPOSED RETAINING WALL \ 100 LF OF PROPOSED 60" CMP -� i �� 20 LFCULVETEMPORARY NEEDEDMPAACTS AT \ (12" EMBEDMENT DEPTH) \ FOR ! \ \� \ CONSTRUCTION OF RETAINING \ \\ ` \ WALLS AND DEWATERING \ S1: 120 LF OF IMPACTS TO RIP -RAP SUMP PIT WITH THE EXISTING STREAM FOR \ \ TEMPORARY PUMP AROUND. THE PROPOSED CULVERT \ N ColeJenest PRESLEY RESIDENTIAL CULVERT CROSSING - PLAN VIEW s Stone PRESLEY DEVELOPMENT, LLC Project No. 4561 Issued 2.12.19 SCALE: V" 20' 0 10, 20' 40' a OColeJenest PRESLEY RESIDENTIAL & Stone PRESLEY DEVELOPMENT, LLC F17=1 hA7ER LINE = SEWF� Ll%E F=::] STORY UNE UTILITY PLAN PfojectNo.4561 lssued4.10.19 SCALE: 1"=500' 0 250, 500, 1000, ColeJenest & Stone RESLOPE EXISTING STREAM BANK TO ORIGINAL CONTOURS AND STABILIZE WITH NATIVE PLANT SEED. MIX PER EROSION CONTROL NOTES. INSTALL NORTH AMERICAN GREEN S-75BN MATTING OR EQUAL ON STREAMBANK WHEN SEEDING IS COMPLETED. \` \ \ \ \ \ \ O\ - 'STREAM PUMP AROUND DURING ,CULVERT CONSTRUCTION ' 10' RIP —RAP SUMP PIT WITH .TEMPORARY PUMP AROUND. N PRESLEY RESIDENTIAL PHASE 1 TEMPORARY SEWER CROSSING PRESLEY DEVELOPMENT, LLC Project No.4561 Issued4.18.19 SCALE: V=20' 0 10' 20' 40' ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Mr. Sean Cooney Presley Development, LLC 2701 East Camelback Rd., Ste. #180 Phoenix, AR 85016 NORTH CAROLINA Environmental Quality 14 May 2019 DWR# 19-0515 Mecklenburg County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Presley Development Dear Mr. Cooney: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated April 18, 2019 and received by the Division of Water Resources (the Division) on April 23, 2019. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 4139 which can be viewed on our web site at https://deg nc gov/about/divisions/water-resources/water-resources-permits/wastewater- branch/401-wetlands-buffer-permits/401-401-isolated-wetlands-waters-program The General Certification allows you to use Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. It is advised that all conditions of the Certification are reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must also comply with the following conditions: This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new Certification. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02H .0507 2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) DE QJ� North Carolina Department of Environmental Quality I Division of Water Resources _ Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 o.wm of Emhpm�nYl O� %'� 704.663.1699 3. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 88 linear ft. 120 linear ft. Wetland 0 acre 0 acre 4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3) 5. Barefll slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3) 6. Water Quality/Stormwater: Please provide documentation showing that water quality from the development will not be impaired. A storm water management plan (Gaston County) in lieu of such documentation is acceptable if approved by a delegated or state authority. 15A NCAC 2H .1000 7. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5) 8. Use of native vegetation and other soft stream bank stabilization techniques is recommended where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWR. 9. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3) 10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this Certification. 15A NCAC 02H.0506(b)(3) 11. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or the next business day d a weekend or holiday) from the time the applicant became aware of the circumstances. A wrttr submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 15A NCAC 026 .0200 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) 13. Upon completion of the project, the applicant shall complete and return a "Certificate of Completion" form to the 401 /Wetlands Branch of the Division using the following link: https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c) This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays). The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1) copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service. Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS. FedEx, etc.) Office of Administrative Hearings 1711 New Hope Church Rd. Raleigh, NC 27609-6285 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699. Sincerely, Docu5i9neu. Cey� , A ,4CG631AF2742'... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Cathy Janiczak, Army Corps of Engineers, Charlotte, email Christine Geist, CWS, email DWR 401 & Buffer Permitting Branch file MRO, Land Quality CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date