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HomeMy WebLinkAbout20201346 Ver 1_More Information Received_20210503Staff 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 20201346 Is this project a public transportation project?* r Yes r No Reviewer List:* Alan Johnson:eads\adjohnsonl Select Reviewing Office:* Mooresville Regional Office - (704) 663-1699 Does this project require a request for payment to be sent?* Yes r No How much is owed?* r $240.00 r $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 Is this supplemental information that needs to be sent to the Corps?* Yes r No Project Contact Information Name: Megan Bollero Who is submitting the inforrration? Email Address: megan@cws-inc.net Project Information Existing ID #: 20201346 20170001 (no dashes) Project Name: Holly Gardens Is this a public transportation project? r Yes 6* No Existing Version: 1 Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Mecklenburg Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docurrent Submitted PCN.pdf Only pdf or krrz files are accepted. Describe the attachments or comments: 131.69KB There was a glitch in the submitted PCN for this project. The section that auto populates total stream impacts says 303 If, but its actually only 110 If. Sign and Submit ..................................................................................................................................................................................................................................................................................................................................................... 17 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: Qtryade Submittal Date: Is filled in autorratically. DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 11, 2020 Ver 3.1 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs. deq. n c.gov/WaterResou roes/Wed oc/624704/PCN % 20 Help % 20F i le % 202018-1-30. pdf A. Processing Information County (or Counties) where the project is located:* Mecklenburg Is this a NCDMS Project* r Yes (' No Click Yes, only if NCNB is the applicant or co -applicant. Is this project a public transportation project? * OYes ( No ibis is any publicly funded by mnicipal,state or federal funds road, rail, airport transportation project. la. Type(s) of approval sought from the Corps:* g Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? * I71 Nationwide Permit (NWP) n Regional General Permit (RGP) n Standard (IP) This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form. lc. Has the NWP or GP number been verified by the Corps?* r Yes F No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): List all NJVnurbers you are applying for not on the drop dawn list. 1 d. Type(s) of approval sought from the DWR:* check all that apply 17 401 Water Quality Certification - Regular n Non-404 Jurisdictional General Permit n Individual Permit 29 - Residential Developments le. Is this notification solelyfor the record because written approval is not required? ❑ 401 Water Quality Certification - Express ❑ Riparian Buffer Authorization For the record only for DWR401 Certification: 0 Yes 6 No For the record only for Corps Permit: 0 Yes 6 No 1f. Is this an after -the -fact permit application?* r Yes F No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from nitigation bank or in -lieu fee program r Yes E No Acceptance Letter Attachment Click the upload button or drag and drcp files here to attach docurrent RLETYFEMJST BE FCF 1 h. Is the project located in any of NC's twenty coastal counties? * r yes ( No 1j. Is the project located in a designated trout watershed?* C Yes rz No Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information la. Who is the Primary Contact?* Megan Bollero 1b. Primary Contact Email:* megan@cws-inc.net 1d. Who is applying for the permit? * IW Owner (Check all that apply) 1e. Is there an Agent/Consultant for this project?* r- Yes r No 2. Owner Information 2a. Name(s) on recorded deed:* AMH NC Development LP 2b. Deed book and page no.: 2c. Responsible party: (fa Corporations) Travis Manning 2d. Address* Skeet Address 23975 Park Sorrento Address Line 2 Suite 300 City Calabasas Fbstal / Zp Code 91302 2e. Telephone Number:* (xxx)xxx-xxxx (704)650-1936 2f. Fax Number: (xxx)xxx-max 2g. Email Address:* tmanning@ah4r.com 4. Agent/Consultant (if applicable) 4a. Name:* Megan Bollero 4b. Business Name: (rf applicable) Carolina Wetland Services lc. Primary Contact Phone:* (xxx)xxx-xxxx (757)576-6433 n Applicant (other than owner) State / Province / Regim California Country USA 4c. Address* Skeet Address 550 E Westinghouse Blvd Address Line 2 City State / Province / Regim Charlotte North Carolina Fbstal / Zp Code Country 28273 USA 4d. Telephone Number:* (757)576-6433 (xxx)xxx-xxxx 4f. Email Address:* megan@cws-inc.net Agent Authorization Letter* Rease provide the Agent Authorization Letter if you are subrrtfirg this docurrent. SIGNED AA(Travis).pdf RLETYFE MJST BE FCF 4e. Fax Number: (xxx)xxx-xxxx 140.07KB C. Project Information and Prior Project History 1. Project Information �^J la. Name of project:* Holly Gardens 1b. Subdivision name: (if appropriate) lc. Nearest municipality/town:* Charlotte 2. Project Identification lJ 2a. Property Identification Number: (tax RN a parcel ID) 03111231, 03111232, 03111233, and 03135198 2b. Property size: (in acres) 32 2c. Project Address Street Address 1900 Mount Holly-Huntersville Rd Address Line 2 City State / Province / Rsgim Charlotte North Carolina Postal / Zp Code Country 28214 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.31074 -80.963234 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT to Long Creek 3b. Water Resources Classification of nearest receiving water:* Class C Surface Water Lookup 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located.* 030501011403 River Basin Lookup 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 Holly Gardens property consists of Mecklenburg County Tax Parcel Nos. 03111231, 03111232, 03111233, and 03135198 (approximately 32 acres), and is located northeast of the Mount Holly-Huntersville Road and Mount Holly Road intersection in Mecklenburg County, North Carolina (Figures 1 and 2, Attachment A). The project area consists of undeveloped forested, a single-family residence, and a sewer easement. On -site elevations range from 650-710 feet above mean sea level (Figure 2). Land cover within the project area consists of mixed forest, woody wetlands, herbaceous areas, and shrub/scrub areas (Figure 3). The surrounding land use consists of undeveloped forested areas and single-family homes. According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Mecklenburg County (Figure 4) and the NRCS Published Soil Survey for Mecklenburg County (Figure 5), on -site soils consist of six soil types. Of these soils, Iredell fine sandy loam and Helena sandy loam are listed on the web soil survey as containing hydric inclusions. A review of the NWI GIS layer depicts a freshwater forested/shrub wetland in the southern/central portion of the project limits and a riverine wetland in the southeastern portion of the project limits (Figure 6). There are six jurisdictional waters of the U.S. located within the property. These waters consist of two jurisdictional wetlands (Wetlands CC and DD), and four jurisdictional stream channels (Streams B-E). Additionally, there are two isolated non-404 jurisdictional waters of the U.S within the property (Wetlands AA and BB). The on -site jurisdictional features are depicted in Figure 7. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * r Yes r No 6 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) Click the upload button or drag and drcp files here to attach docurrent Figure2_USGS.pdf 1.39MB Rle type rrust be pdr 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) Click the upload button or drag and drcp files here to attach docurrent Figure5_Historicsoils.pdf 2.29MB Rle type rrust be pdr 4f. List the total estimated acreage of all existing wetlands on the property: 0.48 4g. List the total estimated linear feet of all existing streams on the property: (internittent and perennial) 659 If of intermittent 1,622 If of perennial 4h. Explain the purpose of the proposed project:* The purpose of this project is to develop the property into a single-family subdivision. The project will provide residential housing for Mount Holly, North Carolina to meet the growing demand for housing due to rapid population growth in the Charlotte metropolitan area. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Under Nationwide Permit (NWP) No. 29, proposed stream and wetland impacts associated with this subdivision project are due to one road crossing (S1-S3; W1) and fill for lots (W2 and W3). The proposed impacts and construction plan details are included in the Attachment B. The proposed impacts are described in detail below. Road Crossing #1 (S1-S3) To construct the proposed road crossing across Stream C, a culvert will be installed, resulting in 75 If of permanent impact, and permanent loss of waters (S1). A 15 If rip rap apron will be placed at the downstream portion of the culvert to provide stabilization (S2). A dewatering system will be used to ensure all work is completed in the dry, and will result in 20 If of temporary impacts (S3). This impact is needed to cross Stream C, as it bisects the property and divides it in half. Wetland Impact (W1) Proposed fill for road crossing #1 will result in 0.04 acre of permanent impact to Wetland DD (W1). This impact is needed to cross Stream C, as it bisects the property in the center and divides it in half. Impacts to Non-404 Jurisdictional Features (W2 and W3) Additionally, the project proposes impacts to non-404 jurisdictional isolated features. Proposed fill for lots will result in 0.07 acre of permanent impacts to Wetland AA (W2), and 0.02 acre of permanent impacts to Wetland BB (W3). These impacts are below NCDEQ notification thresholds. Typical heavy equipment will be used in grading operations (bulldozers, excavators, dump trucks, graders, etc.). After grading, fork lifts will be used for loading materials and access. Details of the dewatering system are included in Attachment B; Sheet 9. 4j. Please upload project drawings for the proposed project. Click the upload button or drag and drcp files here to attach docurrent B - Impact Figures.pdf Rle type rrust be pdr 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* rz Yes Comments: 4.81MB f No 0 Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* 6 Preliminary r Approved C Not Verified r Unknown r N/A Corps AID Number: Bcanple: SAW-2017-99999 SAW-2020-00794 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Carolina Wetland Services 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR. Preliminary Jurisdictional Determination, Dated June 8, 2020 (SAW-2020-00794). An Approved Jurisdictional Determination is now being requested under the new navigable waters rule that came into effect after the original delineation and verification, and is included as Attachment A. 5d1. Jurisdictional determination upload Click the upload button or drag and drcp files here to attach docurrent SAW-2020-00794 AMH Development, Holly Gardens (PJD).pdf Rle type rrust be FCF 6. Future Project Plans 6a. Is this a phased project?* C Yes 6' No 3.94MB Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. N/A D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): lJ Wetlands pi Streams -tributaries I— Open Waters I— Pond Construction E Buffers 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. W. will be used in the table below to represent the word "wetland". 2a. Site #* (?) 2a1 Reason * (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of Jurisdicition*(?) 2g. Impact area* W1 Road crossing P Bottomland Hardwood Forest Wetland DD Yes Corps 0.040 (acres) W2 Fill for lots P Bottomland Hardwood Forest Wetland AA Yes DWR 0.070 (acres) W3 Fill for lots P Bottomland Hardwood Forest Wetland BB Yes DWR 0.020 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.130 2g. Total Wetland Impact 0.130 2h. Comments: Permanent wetland impacts are the result of fill for lots and a road crossing. Impacts to 404 waters total 0.040 acres. Impacts to isolated non-404 waters total 0.09 acres. 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. "S." will be used in the table below to represent the word "stream". 3a. Reason for impact*(?) 3b.Impact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width * 3h. Impact length* S1 Road crossing Permanent Culvert StreamC Intermittent Corps 2 Average (feet) 75 (linear feet) 32 Rip rap Permanent Stabilization StreamC Intermittent Corps 2 Average (feet) 15 (linear feet) S3 Dewatering system Temporary Dewatering Stream C Intermittent Corps 2 Average (feet) 20 (linear feet) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 90 3i. Total temporary stream impacts: 20 3i. Total stream and ditch impacts: 303 3j. Comments: Temporary stream impacts are the result of dewatering devices. Permanent impacts are the result of a culvert installation for a road crossing. Total loss of waters is 75 If. Total stream impacts are 110 If. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. The Holly Gardens project has been designed to avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters. The proposed permanent impacts to jurisdictional waters associated with this project are minimal, totalling 0.04 acre of jurisdictional wetlands, and 90 If of stream channel, of which only 75 If result in permanent loss of waters.. Retaining walls will be used at the culvert crossing to minimize impacts. The proposed culvert will be buried one foot belowthe existing grade to facilitate the aquatic life movement. Original Site Plan In the original site plan there was a proposed road crossing across Stream D in the eastern portion of the project limits. The proposed crossing was going to result in 193 linear feet of impacts, including 145 linear feet of loss of waters as the result of a culvert. To avoid and minimize impacts, this road crossing was removed from the plans. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on - site jurisdictional waters of the U.S. will comply with all conditions of the Nationwide Permit No. 29 and Water Quality Certificate No. 4256. All work in jurisdictional waters of the U.S. will be conducted in the dry. All temporary fill will be removed and disturbed areas will be returned to the pre - disturbance contours. 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 G No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The proposed impacts are below 150 If and 0.1 ac. of 404 JD waters. NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. F. Stormwater Management and Diffuse Flow Plan (required by DWR) ***Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? C Yes G No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: This project is not adjacent to protected riparian buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* C Yes ( No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * FYes f No To look up low density requirement click here 15A NCAC 02H .1003(2). Comments: G. Supplementary Information V 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 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)?* ✓ Yes r- No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* ✓ Yes F No 3b. If you answered "no," provide a short narrative description. The project will not result in cumulative impacts in the foreseeable future. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ✓ Yes r No r N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The sewage will tie into the existing sewer in the eastern portion of the project limits. 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 r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes r- No 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8?* ✓ Yes G No t- No r Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?* 6 Yes r No 5g. Does this project involve bridge maintenance or removal?* 0 Yes O No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPESRapps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?** ✓ Yes t= 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.? * CYes (' No 5j. 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's (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 to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat were located within the project limits and conducted a habitat assessment within the study area. The results of the desktop review and habitat assessment are included in the Protected Species Habitat Assessment report (Attachment C). Consultation Documentation Upload 5.47MB Click the upload button or drag and drcp files here to attach docurrent C - PETS.pdf Rle type rrust be FCF 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * r Yes G No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * https://www.fisheries. n oaa.g ov/resources/map/essential-fish-habitat-map per 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* f Yes F No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A pedestrian survey was conducted on November 13, 2019, and revealed a single family home that was constructed in 1965. CWS also consulted the SHPO online GIS service. The search indicated there are no known historical structures, buildings, sites, or districts existing within the project limits (Attachment D). 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drcp files here to attach docurrent D - SHPO Map.pdf Rle rrust be FCF 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? * C Yes F No 8c. What source(s) did you use to make the floodplain determination?* FEMA Firm No. 3710451700K 158.89KB Miscellaneous Comments Miscellaneous attachments not previously requested. Click the upload button or drag and drcp files here to attach docurrent Transmittal Letter - Google Docs.pdf A - AJD Request.pdf Rle rrust be FCF or IQvZ 119.43KB 15.28MB Signature * 17 By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name:* Megan Bollero Signature* 67)Vg,ao Sage Date 4/27/2021