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HomeMy WebLinkAbout20210406 Ver 1_ePCN Application_20210323DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* CYes r No Change cnly 1 needed. BIMS # Assigned* Version#* 20210406 1 Is a payment required for this project?* 6 No payment required ✓ Fee received ✓ Fee needed - send electronic notification Select Project Reviewer* Alan Johnson:eads\adjohnsonl Information for Initial Review la. Name of project: COURTESY COPY Macon Family Farms la. Who is the Primary Contact?* Michael Macon Reviewing Office * Mooresville Regional Office - (704) 663-1699 1b. Primary Contact Email:* lc. Primary Contact Phone:* fay4927@yahoo.com (704)534-9015 Date Submitted 3/23/2021 Nearest Body of Water Lower Rocky River Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.127787 -80.573004 Pre -Filing Meeting Information ID# 20210406 Pre -fling Meeting or Request Date* 2/19/2021 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form (1).pdf Version 1 55.9KB A. Processing Information County (or Counties) where the project is located: Union Is this a NCDMS Project C- Yes f No Is this project a public transportation project?* C- Yes f No la. Type(s) of approval sought from the Corps: I7 Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* C- Yes G No 1b. What type(s) of permit(s) do you wish to seek authorization? fJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) lc. Has the NWP or GP number been verified by the Corps? ✓ Yes F No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): Id. Type(s) of approval sought from the DWR: r 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit fJ Individual Permit 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: If. Is this an after -the -fact permit application?* C- Yes f No ✓ 401 Water Quality Certification - Express ✓ Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? CYes 6'No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? C- Yes r No Acceptance Letter Attachment lh. Is the project located in any of NC's twenty coastal counties? CYes 6'No 1j. Is the project located in a designated trout watershed? C- Yes C' No B. Applicant Information Id. Who is applying for the permit? I7 Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* C- Yes f No 2. Owner Information 2a. Name(s) on recorded deed: Michael Macon and Louise-Andree Boucher 2b. Deed book and page no.: 0823/0489 2c. Responsible party: 2d. Address r Yes 6' No Cr Yes C- No Street Address 6317 Springs Mill Road Address Line 2 aty State / Province / legion Charlotte NC Postal / Zip Code Country 28277 Mecklenburg 2e. Telephone Number: 2f. Fax Number: (704)534-9015 2g. Email Address:* fay4927@yahoo.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (rf appropriate) lc. Nearest municipality/ town: Fairview 2. Project Identification 2a. Property Identification Number: 08258002 2b. Property size: 48.616 2c. Project Address Street Address 6802 West Duncan Road Address Line 2 (Sty State / Province / legion Indian Trail NC Postal / Zip Oode Country 28079 Union 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Lower Rocky River 3b. Water Resources Classification of nearest receiving water:* C 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. 030401050701 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 subject property is locate at 6802 W. Duncan Road, Indian Trail NC. The property has a right of way along the left side of the property that has been sold to individuals that have built homes along W Duncan Road, Indian Trail, NC. The property is currently unused and has trees. Along the right side of the property is farm land. 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 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) USGC Topographic Map.pdf 393.19KB 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) NRCS County Soil Survey.pdf 266.43KB 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 1669.6 4h. Explain the purpose of the proposed project:* The propose of the proposed project is to cross the creek. The majority of the property is inaccessible without allowing access across the creek. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project entails, laying culvert in the creek. The project as proposed would have only bottom impact limited to the placement of the culverts. The temporary impacts would include noise and turbidity (which is already the conditions of the creek) resulting from the placement of the culverts. 4j. Please upload project drawings for the proposed project. Project Drawing Present to ACOE.pdf 162.36KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* (7 Yes Comments: C No C Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* C Preliminary 6' Approved C Not Verified C Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Bryan Roden -Reynolds, PWS U.S. Army Corps of Engineers Wilmington District 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR On 26 February 2021, ACOE stated the following: " the construction of a farm road and stream crossing(s) is considered exempt and does not require permit authorization from the Corps." 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* C Yes ( No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r Wetlands 17 Streams -tributaries r Open Waters r Pond Construction 3. Stream Impacts r Buffers S1 3a. Reason for impact (?) Driveway 3b.Impact type* Temporary 3c. Type of impact* Culvert 3d. S. name* Goose Creek 3e. Stream Type* (?) Intermittent 3f. Type of Jurisdiction * Both 3g. S. width* 12 Average (feet) 3h. lmpact length* 40 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 40 3j. Comments: E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 40 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: culvert will not impede waterflow, thus avoiding impact. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Culvert will be laid on solid ground to reduce impact. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ✓ Yes ( No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The stream nor the aquatic resources will require offsetting to avoid adverse impacts. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ✓ Yes (No If no, explain why: no impact to diffuse flow 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes f No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 6 Yes r No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* ✓ Yes ( No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* ✓ Yes ( No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes f No 3b. If you answered "no," provide a short narrative description. There will be no downstream water quality impact. Placement of the culverts will not impact the water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ✓ Yes 6 No r N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* ✓ Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* 6 Yes rNo 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* ✓ Yes F No r Unknown 5e. Is this a DOT project located within Division's 1-8? ✓ Yes f: No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ✓ Yes r No 5g. Does this project involve bridge maintenance or removal? ✓ Yes (No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes 6 No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ✓ Yes f: No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Fish and Wildlife Services 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?* ✓ Yes GNo 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* ✓ Yes (No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NPS 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* ✓ Yes (No 8c. What source(s) did you use to make the floodplain determination?* FEMA Maps Miscellaneous L) Comments The Army Corps of Engineers stated the follovAng: " the construction of a farm road and stream crossing(s) is considered exempt and does not require permit authorization from the Corps." Miscellaneous attachments not previously requested. Signature * IV By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Michael Macon Signature Date 3/23/2021 • �e� -80.58 0 17°, 35 133096' 17A1_1_ h ! J Scale riQ Warning: Sort Map may not be valid at this scale, DWR Pre-Fil ing Meeting Req u est Form ID#*Ve rsion * Re gional Office * Re v ie we r List * Contact Name * Contact Email Addre ss * Proje ct Name * Proje ct Owne r * Proje ct County * Owne r Addre ss: Is this a transportation proje ct?* Type (s) of approv al sought from the DWR: Doe s this proje ct hav e an e xisting proje ct ID#?* Do you know the name of the staff me mbe r you would like to re que st a me e ting with? Ple ase giv e a brie f proje ct de scription be low.* Please give a couple of dates you are available for a meeting. 20210406 1 Mooresville Regional Office - (704) 663-1699 Alan Johnson Pre-Filing Me eting Reque st submitte d 2/19/2021 Michael Macon fay4927@yahoo.com Macon Farm Michael Macon and Louise-Andree Boucher Union City Charlotte NC State / Province / Region NC Postal / Zip Code 28277 Country Mecklenburg Street Address 6317 Springs Mill Road Address Line 2 Yes No 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Individual Permit Modification Shoreline Stabilization Yes No Allen Johnson The Goose Creek crosses property on W Duncan Road, Indian Trail NC at the entrance. The property is unable without crossing the Goose Creek. Will put a drive way across the creek to make the land accessible and usable. Ple ase attach the docume ntation you would like to hav e the me e ting about. Signature Submittal Date 2/22/2021 GIS Map with blue lines stream.pdf 91.79KB Plat of Property with stream.pdf 98.07KB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: · This form completes the requirement of the Pre-Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. · I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing meeting request. · I also understand that DWR is not required to respond or grant the meeting request. Your project’s thirty-day clock started upon receipt of this application.  You will receive notification regarding meeting location and time if a meeting is necessary.  You will receive notification when the thirty-day clock has expired, and you can submit an application. 2/19/2021