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HomeMy WebLinkAbout20201484 Ver 1_401 Application_20210419Staff Review Form Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* 6* Yes r No ID#* Version* 1 20201484 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office:* Submittal Type:* r Yes r No Alan Johnson:eads\adjohnsonl Mooresville Regional Office - (704) 663-1699 401 Application Does this project require a request for payment to be sent?* C' Yes No How much is r $240.00 owed?* C' $570.00 Project Submittal Form 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. Project Type:* ✓ For the Record Only (Courtesy Copy) ✓ New Project ✓ Modification/New Project with Existing ID ✓ More Information Response ✓ Other Agency Comments ✓ Pre -Application Submittal ✓ Re-Issuance\Renewal Request ✓ Stream or Buffer Appeal Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. Attach documentation of Pre -Filing Meeting Request here: DWR Pre -Filing Meeting Request Form.pdf Date for Meeting Request 10/16/2020 ID# 20201484 Version 1 Project Contact Information Name: Heather LaGamba who is submitting the inforrration? Email Address: hlagamba@pilotenviro.com Project Information Project Name: Reece Gibson Is this a public transportation project? r Yes a No 51.42KB Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Stanly Please upload all files that need to be submited. Dick the upload button or drag and drop files here to attach document 6137.1_Reece Gibson_PCN Appl ication_4.1 5.21 .pdf 191.56KB Only pdf or krrz files are accepted. Describe the attachments or comments: PCN for 401 WQC. Sign and Submit ..................................................................................................................................................................................................................... 117 By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: (W i et, 40. iMpreci Submittal Date: Is filled in automatically. 5GTE , .,. NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. SAW— 2020-01836 Date received: 4/15/2021 DWR project no. _Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.222676° Longitude (DD.DDDDDD): -80.456591° Form Version 1.5. September 2020 Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deq. nc.gov/WaterResou rces/0/edoc/624704/PCN%20He I p%20File%202018-1-30. pdf The help document may be found at this link: http://www.saw. usace.armv.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 10/16/2020 DWR ID # 20201484 Version 1 (If applicable) A. Processing Information County (counties) where project is located: Stanly Additional (if needed). Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, or airport project) ❑ Yes ❑x No Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. 1 a. Type(s) of approval sought from the Corps: ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 21 PCN Form - Version 1.5, September 2020 1 b. Permit type(s)? ❑x Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No NWP number(s): NWP 29 RGP number(s): Click to enter. 1d. Type(s) of approval sought from the DWR (check all that apply): * ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? ❑ Yes ❑x No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? • Yes ❑x No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? El Yes ❑x No El Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 21 PCN Form - Version 1.5, September 2020 B. Applicant Information la. Who is the primary contact? Reece Gibson 1 b. Primary Contact Email: Click to enter. 1 c. Primary Contact Phone: (###)###-#### (704) 888-8376 1 d. Who is applying for the permit/certification? all that apply) (check el Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project? el Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: Trust River Road 2b. Deed Book and Page No.: 1527/475 2c. Responsible Party (for corporations): Reece Gibson 2d. Address Street Address: 4512 River Road Address line 2: Click to enter. City: Stanfield State/ Province/ Region: North Carolina Postal/ Zip Code: 28163 Country: U.S. 2e. Telephone Number: - (###)###-#### (704) 888-8376 2f. Fax Number: (###)###-#### (704) 888-1361 2g. Email Address: uiicK to enter. 3. Applicant Information (if different from owner) 3a. Name: Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: - (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. Page 3 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: Click to enter. 4. Agent/ Consultant (if applicable) 4a. Name: * Michael T. Brame 4b. Business Name: Pilot Environmental, Inc. 4c. Address: * Street Address: 743 Park Lawn Court Address line 2: Click to enter. City: Kernersville State/ Province/ Region: NC Postal/ Zip Code: 27284 Country: U.S. 4d. Telephone Number: * (###)###-#### 336.708.4620 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * mbrame@pilotenviro.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: httbs://www.saw. usace.armv. mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 21 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information la. Name of project: Stanfield Valley Subdivision 1 b. Subdivision name (if appropriate): Stanfield Valley Subdivision lc. Nearest municipality/town: * Stanfield, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 556301488696, 556301498092, 556302592553, 556302682581 2b. Property size (in acres): 34.5 2c. Project Address: Street Address: Renee Ford Road and River Road Address line 2: Click to enter City: Stanfield State/ Province/ Region: NC Postal/ Zip Code: 28163 Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 35.222676° Longitude (-DD.DDDDDD): --80.456591 ° 3. Surface Waters 3a. Name of nearest body of water to proposed project: Rock Hole Creek 3b. Water Resources Classification of nearest receiving water: Class C Waters The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apes/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 3c. In what river basin(s) is your project located? Yadkin-PeeDee Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is located: 030401050704 The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apes/PublicInformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 5 of 21 PCN Form - Version 1.5, September 2020 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 contains fields and wooded land. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? • Yes ❑x No ❑ Unknown 4c. If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): SAW — 2020-01836 [Author] Attach any pertinent project history documentation 4d. Attach an 8% x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8% x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the property: 0.096 acres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,460 linear feet 4g1. List the total estimated acreage of all existing open waters on the property: 0 acres 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a 49-lot single family residential subdivision. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the construction of a residential subdivision. Construction of the subdivision includes constructing access roads and installing utilities. In order to facilitate the proposed development, it is necessary to install a road crossing that will impact 124 linear feet (0.0148 acres) of stream channel with a culvert, 10 linear feet (0.0012 acres) of stream channel with rip rap that is to be keyed in and 40 linear feet (0.0048 acres) of stream channel associated with a pump around. To facilitate the development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the site. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in proposed impact areas? Yes ❑ No ❑Unknown Comments: Delineated by Pilot Environmental June 2018 and verified by USACE August 8, 2018. 5b. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Brame/Michael Brame Agency/Consultant Company: Pilot Environmental Other: Click to enter 5c. If the Corps made a jurisdictional determination, what type of determination was made? ❑x Preliminary ❑ Approved ❑ Emailed Concurrence ❑ Not Verified ❑ Unknown Corps AID number (ex. SAW-0000-00000): SAW— 2020-01836 Page 6 of 21 PCN Form - Version 1.5, September 2020 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. 10/22/2020 5d1. Attach jurisdictional determinations. Page 7 of 21 PCN Form - Version 1.5, September 2020 6. Future Project Plans 6a. Is this a phased project? ► Yes ❑ No 6b. If yes, explain. This is a proposed 49-lot single family residential subdivision. A road is stubbed onto adjoining property east of the site. There are no immediate plans to extend the subdivision to the east. The developer is aware that impacts from future phases are considered cumulative. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No other permits have been used or are intended to be used. Page 8 of 21 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory 1. Impacts Summary 1 a. Where are the impacts associated with your project (check all that apply): ❑ Wetlands ❑ Buffers ❑ Pond Construction ❑x Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site # 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Name 2d. Wetland Type* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac) W1 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W2 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W3 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W4 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W5 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W6 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts Click to enter. ac 2g3. Total wetland impacts Click to enter. ac 2h. Comments: Wetland impacts are not proposed. Page 9 of 21 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site # 3a. Impact Reason/ Type 3b. Impact Duration 3d. Stream Name 3e. Stream Type 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) S1 Crossing/ Culvert Temp/ Perm Unnamed Perennial Both 5.2 40/124/10 S2 Thoose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S3 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: 134 linear ft 3i3. Total temporary stream impacts: 40 linear ft 3i4. Total stream and ditch impacts: 174 linear ft 3j. Comments: In order to access two lots within the subdivision and in order to provide access to an adjoining tract owned by the same applicant, it is necessary to install a road crossing that will impact 124 linear feet (0.0148 acres) of stream channel with a culvert, 10 linear feet (0.0012 acres) of stream channel with rip rap that is to be keyed in and 40 linear feet (0.0048 acres) of stream channel associated with a pump around. Page 10 of 21 PCN Form - Version 1.5, September 2020 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., individually list all open water impacts in the table below. 4a. Site # 4b. Impact Reason/ Type 4c. Impact Duration 4d. Waterbody Name 4e. Waterbody Type* 4e1. Jurisdiction Type 4f. Impact area (ac)k 01 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. Pond ID # 5b. Proposed use or purpose of pond 5c. Wetland Impacts (ac) 5d. Stream Impacts (ft) 5e. Upland Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click tL. enter. Click tk. enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P2 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5f. Total Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5g. Comments: Pond or lake construction is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 21 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: The site is located in the Yadkin River Basin. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 21 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The applicant has designed the remaining roads, utility lines and lots/pads to avoid additional impacts to streams and wetlands. The remaining approximate 2,286 linear feet of stream and 0.096 acres of wetlands are being avoided. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The clearing limits will be surveyed, staked and silt fencing and clearing limit fencing will be used. Disturbed areas will be seeded and mulched to limit sediment from entering downgradient waters. Slope matting will be used on steep slopes. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * (check all that apply) ❑ DWR ❑ Corps 2b. If yes, which mitigation option(s) will be used for this project? (check all that apply) ❑ Mitigation Bank ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Mitigation is not required or proposed. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.armv.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:0 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres Page 13 of 21 PCN Form - Version 1.5, September 2020 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enter 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑x No If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Click to enter. Click to enter. :,hoose one Click to enter. Zone 2 ;lick to enter. Click fo enter " hnnca nna Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? ❑ Yes ❑ No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Buffer mitigation is not required or proposed. Page 14 of 21 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑x No 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- quidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. What Type of SCM are you providing? (Check all that apply) ❑ Level Spreader El Vegetated Conveyance (lower seasonal high water table- SHVVT) ❑ Wetland Swale (higher SHWT) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑ Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ❑x Yes El No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? ❑x Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- approved local government stormwater program? ❑ Yes ❑x No Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? (Check all that apply) ❑ Local Government ❑ State If you have local government approval, please include the SMP on their overall impact map. Page 15 of 21 PCN Form - Version 1.5, September 2020 Local Government Stormwater Programs ❑Phase II ❑ USMP ❑ NSW ❑ Water Supply Please identify which local government stormwater program you are using. No state or local stormwater program State Stormwater Programs El Phase II El HQW or ORW ❑ Coastal Counties ❑ Other Comments: The total impervious surfaces are calculated to be 16.82%. No stormwater plan is required. To be confirmed by Stanly County. Page 16 of 21 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * ❑ Yes ❑x No 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. 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 letter.) ❑ Yes ❑ No Comments: A NEPA or SEPA is not required. 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), DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑ Yes ❑x No 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 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? ❑ Yes ❑x No 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed development is not anticipated at this time. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? ❑ Yes ❑x No ❑ N/A 4b. If yes, 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. Wastewater generated at the residences when constructed will be treated in individual septic systems. Impacts for sewer infrastruture will not be required. Page 17 of 21 PCN Form - Version 1.5, September 2020 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? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) * ►11 Yes ❑ No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes ❑x No 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? aYes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No Link to NLEB SLOPES document: http://saw-req.usace.armv.mil/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? El Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ❑ Yes ❑x No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Endangered and Threatened Species List — Stanly County 3 federally listed species are identified in Stanly County. Habitat for the Bald Eagle and Schweinitz's sunflower are not located on the site or within the proposed area of impact. The site contains potential summer roosting habitat for the NLEB. However, based on a review of the Asheville Field Office website's June_1_2016_NLEB_HUC12 NLEB shapefiles, the 12- digit HUC with the nearest confirmed hibernation and/or maternity sites is located more than 80 miles from the site. Incidental take that occurs beyond one quarter mile of a known hibernation site or 150 feet of a known occupied maternity roost during the pup season (June 1-July 31) is exempt from ESA requirements under the final 4(d) rule. The project is not likely to adversely affect these species. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? El Yes ❑x No Are there submerged aquatic vegetation (SAV) around the project vicinity? El Yes ❑x No El Unknown Page 18 of 21 PCN Form - Version 1.5, September 2020 Will this project affect submerged aquatic vegetation? ❑ Yes ❑x No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper— NOAA Fisheries Page 19 of 21 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://q is. n cd cr.g ov/h powe b/ 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)? * ❑Yes ❑x No 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? NC Historic Preservation Offices HPOWEB 2.0 7c. Attach historic or prehistoric documentation. 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? * ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. ;lick to enter 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer froom FEMA Web Map Service — FEMA Panel 3710556200K Page 20 of 21 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: (`lint fn a - Attach pertinent documentation or attachments not previously requested I. Signature* ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Michael T. Brame Signature: 11/2/2020 Page 21 of 21 PCN Form - Version 1.5, September 2020 DWR Pre -Filing Meeting Request Form ID#* Regional Office * Reviewer List* 20201484 Version* 1 Mooresville Regional Office - (704) 663-1699 Alan Johnson Pre -Filing Meeting Request submitted 10/16/2020 Contact Name * David Brame Contact Email Address* dbrame@pilotenviro.com Project Name* Renee Ford Road Project Owner* Trust River Road Project County* Stanly Owner Address: Street Address 4512 River Road Address Line 2 City State / Rovince / Region Stanfield NC Fbstal / Zip Code Country 28163 United States Is this a transportation project?* C Yes ( No Type(s) of approval sought from the DWR: IW 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* C Yes ( No Do you know the name of the staff member you would like to request a meeting with? I do not want a meeting Please give a brief project description below.* Notice of 30 day pre -filing meeting request to submit PCN for 401 WQC for above project. Please give a couple of dates you are available for a meeting. Please attach the documentation you would like to have the meeting about. 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. • !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. Signature .g66,frt� Submittal Date 10/16/2020