HomeMy WebLinkAbout20191512 Ver 1_PCN Form Submission_20200428DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes IT No
Change only if needed.
BIMS # Assigned
20191512
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
Information for Initial Review
la. Name of project:
COURTESY COPY - Village at Rocky River
1a. Who is the Primary Contact?*
Nicholas Parker
1b. Primary Contact Email:*
nrparker@amicuseng.com
Date Submitted
4/28/2020
Nearest Body of Water
Bearskin Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude: Longitude:
34.990132-80.610546
A. Processing Information
County (or Counties) where the project is located:
Union
Is this a NCDMS Project
r Yes IT No
Is this project a public transportation project?*
r Yes r No
la. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version#*
2
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
1c. Primary Contact Phone:*
(704)902-5771
U
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
14 - Linear transportation
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:
F- 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Harris Teeter Properties, LLC a North Carolina LLC
2b. Deed book and page no.:
3830/784
2c. Responsible party:
Harris Teeter Properties, LLC
2d.Address
Street Address
701 Crestdale Road
Address Line 2
city
Matthews
Postal / Zip Code
28105
2e. Telephone Number:
(704)844-3100
2g. Email Address:*
rclink@amicuseng.com
State / Rwince / Ifgion
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
3. Applicant Information (if different from owner)
3a. Name:
Nicholas Parker
3b. Business Name:
Green Street Land Co., LLC
3c.Address
Street Address
5615 Potter Road
Address Line 2
City
Mathews
Postal / Zip Code
28104
3d. Telephone Number:
(704)902-5771
3f. Email Address:*
nrparker@amicuseng.com
4. Agent/Consultant (if applicable)
4a. Name:
Nick Creidler
4b. Business Name:
Headwater Environmental, Inc.
4c.Address
Street Address
1844 Sir Tyler Drive
Address Une 2
City
Wilmington
Fbstal / Zip Code
28405
4d. Telephone Number:
(910)777-8386
4f. Email Address:*
nick@headwaterenvironmental.com
Agent Authorization Letter*
134f.Agent Authorization Letter.pdf
State / Province / Fiegion
NC
Country
USA
3e. Fax Number:
State / Province / Fbgion
NC
Country
New Hanover
4e. Fax Number:
73.4KB
C. Project Information and Prior Project History u
1. Project Information
1b. Subdivision name:
(d appropriate)
Village at Rocky River
1c. Nearest municipality/ town:
Monroe
2. Project Identification
2a. Property Identification Number:
09348013A,09348013B
2c. Project Address
Street Address
Rocky River Road
Address Line 2
City
Monroe
Postal / Zip Code
28110
3. Surface Waters
2b. Property size:
55.07
State / Province / Region
NC
Country
Union
3a. Name of the nearest body of water to proposed project:*
Bearskin Creek
3b. Water Resources Classification of nearest receiving water:*
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050501
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 site is currently wooded. Three wetland areas and one stream are located on site. Wetland A is located on the northern portion of the site. Wetland B is located on the southern
portion of the site, abutting Stream A. Stream A has intermittent flow and drains off -site to the northwest. According to Monroe Code of Ordinances, Code §158.06, a 50-foot vegetative
buffer is required along Stream A. Wetland C is located on the central portion of the site. Several mounds of dirt and vegetative debris are located throughout Wetland C. A relic logging
access road severes connection between Wetland A and C. The wetland and stream locations were verified by the U.S. Army Corps of Engineers on November 27, 2018 (SAW-2006-
40743).
The site is situated in a developing area of Union County. An elementary school is located north of the site. Wooded land, agricultural land, and dwellings are located east of the site.
Weddington Road bounds the site to the south followed by a church. North Rocky River Road bounds the site to the west. Wooded and agricultural land are located further west.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2006-40743
Project History Upload
SAW-2006-40743 (signed PJD)-signed.pdf
614.67KB
4d. 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)
C4d.Topo Map.pdf
878.56KB
4e. 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)
C4e.Printed Soil Map.pdf 1.29MB
4f. List the total estimated acreage of all existing wetlands on the property:
1.67 acres
4g. List the total estimated linear feet of all existing streams on the property:
950 feet
4h. Explain the purpose of the proposed project:*
The proposed project involves construction of a residential subdivision consisting of single-family homes. As the population of Union County continues to grow, new affordable housing
accommodations are needed to keep up with an increasing population. The proposed subdivision is designed to accommodate and attract middle income families. Access to the
proposed subdivision shall be located on the north site of Waddington Road and on the east side of North Rocky River Road.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project includes development of a 184-lot residential subdivision consisting of single-family homes. A community center and pool shall be located on the central portion of
the site. Minor impacts are proposed at Wetland Area A. The proposed residential development will avoid Wetland Areas B, C, and Stream A. There will be two access points to the
proposed subdivision. The access roads will extend north from Weddington Road and east from North Rocky River Road, respectively.
Proposed development of an improved road on the northern portion of site will result in 0.084 acre of wetland impacts. The proposed road crossing shall provide neighborhood
continuity and access to residential units. A stormwater BMP is designed on the west side of Wetland Area A. 24" reinforced concrete pipe (RFP) shall be used to convey stormwater
from the proposed development to the BMP. The RFP piping will discharge directly to the BMP. The BMP shall discharge to an 18" RCP that will be tied in to existing stormwater
infrastructure associated with the adjacent school to the north.
Timbering of the site will utilize heavy machinery and chainsaws to clear the project areas for development. Bulldozers, backhoes, and excavators will be used in the grading of the site,
building of the BMPs, and other aspects associated with the development of a residential subdivision. Additionally, pick-up trucks will be utilized on site by contractors and construction
workers.
4j. Please upload project drawings for the proposed project.
Survey and Former Site Plans.pdf 663.82KB
Site Plans.01-22-2020.Wetlands Exhibit Maps.pdf 691.93KB
Site Plans.April-2020.Wetlands Exhibit Maps.pdf 734.66KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
Wetland delineation completed by Headwater Environmental in September 2018.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
O Unknown
SAW-2006-40743
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Paul Pascarosa; Nick Creidler
Headwater Environmental, Inc.
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD (SAW-2006-40743) issued by Bryan Roden Reynolds of the USACE on November 27, 2018.
Site visit with Alan Johnson, November 26, 2018.
5d1. Jurisdictional determination upload
SAW-2006-40743 (signed PJD)-signed.pdf 614.67KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes O No
7b. If yes, explain.
Development of the residential subdivision vdll consist of three (3) phases. By building in phases, the developer is managing their budget by ensuring completed houses sell before they
invest in building new houses within the proposed subdivision.
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?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries
r Open Waters r Pond Construction
2. Wetland Impacts
r Buffers
!a. Site #* (?) 2a1 Reason M 2b. Impact type * M �2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*M area*
Netland A Street P Pine Flat Wetland A Yes Corps 0.084
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.084
2g. Total Wetland Impact
0.084
2h. Comments:
Permanent wetland impacts are associated with fill needed to build a road on the northern portion of the site. The road shall provide neighbor
continuity for the eastern and western portions of the subdivision. The proposed road will ease vehicle traffic on other streets within the development.
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 current site plans were designed to specifically to avoid and minimize impacts to Waters of the U.S.
In 2006, the USACE determined there were no Waters of the U.S. within the site boundary (same action ID as current JD). In August 2018, site plans
were designed based around the 2006 JD. Therefore, the original site plans for this project were designed without regard to wetland resources.
After a preliminary site reconnaissance by the permittee, potential Waters of the U.S. were observed. Headwater was retained to perform a wetland
delineation in September 2018. We identified and mapped 1.69 acres of wetland and 950 feet of stream. The wetland delineation was approved by the
Army Corps of Engineers on November 27, 2018.
Therefore, in retrospect, the original site plans included over 1.5 acres of wetland impacts, and approximately 100 feet of stream impacts. Streets and
residential lots were located through Wetland Areas A, B and C, plus a road crossing was designed through Stream A and its associated 50-foot
buffer. A third access point to the subdivision was located on the east side of Rocky River Road.
In August 2019, the site plans eliminated the stream crossing, altered the road design, and minimized lot size. These site plans depicted a residential
lot and a stormwater BMP throughout Wetland Areas A. The stormwater BMP was added to the northern portion of the site, within the footprint of
Wetland A. This area was originally selected due to its lower topographic position (i.e. water flows downhill). Permanent impacts to Wetland Area A
were minimized to 0.44-acre. In addition to payment into a mitigation bank, a proposition was made to restore Wetland C which included removing relic
fill material, restoring the disturbed area to grade, and planting native species. After review of mitigation options and potential restoration efforts,
further avoidance and minimization efforts were implemented.
The current site plans relocated the proposed BMP to the west of Wetland Area A, and open green space acreage was reduced to accommodate for
residential lots. Wetland impacts have been limited to a single road crossing. The proposed project has minimized wetland impacts to a total of 0.084-
acre. The permanent wetland impacts are to allowfor a road that connects lots on the northern portion of the site. A mitigation plan has been
eliminated from this proposed action since total impacts are less than 0.10-acre.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing will be installed prior to construction along the perimeter of the wetlands and stream to minimize sedimentation into these resources.
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 r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent wetland impacts are less than 0.10-acre. Therefore, compensatory mitigation is not required.
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?
r Yes f• No
If no, explain why:
City of Monroe buffers apply to the intermittent stream. Monroe Code of Ordinances, Code §158.06
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r 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?
r Yes
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
V Local Government F State
Local Government Stormwater Programs
W Phase II F NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
City of Monroe
Comments:
Stormwater management plan will be submitted to City of Monroe for review.
G. Supplementary Information
1. Environmental Documentation
r No
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
u
r 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 r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes f• No
3b. If you answered "no," provide a short narrative description.
The site surrounded by a school to the north, private land to the east, a church and gas station to the south, and a road followed by agricultural land
to the west. Additional development is not anticipated.
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.
City sewer services
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?*
r Yes f• 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 anytrees 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?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r Yes r No
51. 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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Headwater performed a Biological Assessment of the site, refer to attachment.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper
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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
North Carolina State Historic Preservation Office HPOWEB GIS Service
7c. Historic or Prehistoric Information Upload
G7c.SHPO Map.pdf 599.8KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year flood plain?*
f Yes G No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Online Flood Service Center: Map Panel # 3710541500J dated October 16, 2008.
Miscellaneous U
Comments
Miscellaneous attachments not previously requested.
Signature U
W 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 AGC);
• 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:
Nicholas Creidler
Signature
�e444Wd at&l/5t
Date
4/28/2020
Jurisdictional Determination Request
UNNOMMMMEN
D. PROPERTY ACCESS CERTIFICATION','
By signing below, I authorize representatives 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, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 13 the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Print Name Additionally, by signing this document, I
Capacity: ❑✓ Owner ❑Authorized Agents authorize Headwater Environmental, Inc. to
c7 �1e %Z serve as my agent regarding the wetland
Date
Si
assessment.
E. REASON FOR Jll REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a project or perform activities on this parcel which would be
Q
'gned to avoid all aquatic resources.
1 intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
❑ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
If there are multiple parcels oNNned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
SOURCE:FIGURE 1LOCATION MAP
Date:9/14/2018
Prepared by:NJC
USGS
7.5-Minute Topographic Quadrangle
Monroe, North Carolina (1989)
Controur Interval = 10 feet
0 2,000 4,0001,000
Feet
Harris Teeter Site
North Rocky River Road
Monroe, North Carolina
HEnv Project # 2018106A
Legend
Site boundary
1 inch = 2,000 feet
SOURCE:FIGURE 2ARCHIVED SOIL SURVEY MAP
Date:9/27/2018
Prepared by:NJC
Natural Resources Conservation
Service (NRCS)
Archived Soil Survey
Union County, North Carolina (1996)
Harris Teeter Site
North Rocky River Road
Monroe, North Carolina
HEnv Project # 2018106A
Legend
Site boundary
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NR Boundaries
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❑National Register Boundary
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