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HomeMy WebLinkAbout20211518 Ver 1_Pre-Construction Notification (PCN) Form_20211019DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 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://edoes. deq. n e.gov/WaterResou rces/0/ed oc/624704/PCN % 20 Help / 20F i le / 202018-1-30. pdf A. Processing Information County (or Counties) where the project is located:* Haywood Is this a NCDMS Project* r Yes C No Click Yes, only if NCDlvS is the applicant a co -applicant. Is this project a public transportation project? O Yes F No This is arry publicly funded by m ricipal,state a federal funds road, rail, airport transpafatm project. 1a. Type(s) of approval sought from the Corps:* Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* O Yes O No 1 b. What type(s) of permit(s) do you wish to seek authorization?* IJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified bythe Corps?* r Yes F No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): List all NJVnurbers ycu are applying fa not cn the drop dawn list. 1d. Type(s) of approval sought from the DWR:* check all that apply 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual 401 Water Quality Certification 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 viewthe form. Is this a courtesy copy notification? r Yes E No ID# Version Pre -fling Meeting or Request Date * 8/25/2021 Attach documentation of Pre -Filing Meeting Request here:* Cickthe upload button a drag and drop files here to attach dccurrent DWR Pre -Filing Meeting Request Form.pdf 49.47KB File type crust be FCF ............ ...................................................... .............................. 1e. Is this notification sole lyfor the record because written approval is not required? * For the record onlyfor DWR401 Certification: r Yes 6' No For the record onlyfor Corps Permit: r Yes 6' No 1f. Is this an after -the -fact permit application?* r Yes (-- 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 ratigadon bank a in -lieu fee program Yes O No Acceptance Letter Attachment Cickthe upload button a drag and drop files here to attach dccurrent FiLEiYFE MJST BE FDF 1 h. Is the project located in any of NC's twentycoastal counties?* r Yes r• No 1j. Is the project located in a designated trout watershed?* 6 Yes r No You must submit a copy of the appropriate Wildlife Resource Commission Office. Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Progra"Agency-Coordination/Trout.aspx B. Applicant Information la. Who is the Primary Contact?* Marek Hevier 1c. Primary Contact Phone:* 1b. Pri mary Contact Email:* (xxx)xxx-xxxx mhevier@gmail.com (239)777-4160 1d. Who is applying for the permit? ,W Owner ❑ Applicant (other than owner) (Check all that apply) le. Is there an Agent/Consultant for this project?* r• Yes r No 2. Owner Information 2a. Name(s) on recorded deed:* Richland Estates LLC A NC LLC 2b. Deed book and page no.: 1011/1169 2c. Contact Person: (fa Corporations) Marek Hevier 2d. Address* Sheet Address 4365 Arnold Avenue Address Line 2 aty State / Aovince / Pegicn Naples Florida Postal / Zp Code Country 34104 United States 2e. Telephone Number:* (xxx)xxx-xxxx (239)777-4160 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* mhevier@gmail.com 4. Agent/Consultant (if applicable) 4a. Name:* R. Daniel Hyatt 4b. Business Name: (d applicable) Wade Trim 4c. Address* Street Address 53 North Market Street Address Line 2 Suite 200 atY Asheville Postal / Zp Code 28801 4d. Telephone Number:* (828)237-8116 (xxx)xxx-xxxx 4f. Email Address:* rhyatt@vvadetrim.com State / Aovince / Regim NC Country United States 4e. Fax Number: (xxx)xxx-xxxx C. Project Information and Prior Project History C^� 1. Project Information lJ 1a. Name of project:* Richland Estates Townhomes 1b. Subdivision name: (d appropriate) 1c. Nearest municipality / town: * Waynesville 2. Project Identification 2a. Property Identification Number: 2b. Property size: (tax RN a parcel ID) (in acres) 8615-17-6586 1.5034 2c. Project Address Street Address Richland Street Address Line 2 aty State / Aovince / Regim Waynesville NC Postal / Zp Code Country 28786 United States 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:* 35.491112-82.993038 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Richland Creek 3b. Water Resources Classification of nearest receiving water:* B Surface Water Lookup 3c. What river basin(s) is your project located in?* French Broad 3d. Please provide the 12-digit HUC in which the project is located.* 060101060202 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:* Generally rolling lot with emsting vegetation along Richland Street. A small section of wetland (0.15 acres) is present on the site, and three small streams (a total of 325 LF of stream) run through the lot and empty into Richland Creek through an existing CMP. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? r Yes E No r Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.15 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and paenrial) 325 4h. Explain the purpose of the proposed project:* To provide townhouses to accommodate the growing Waynesville, NC population 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Installation of a culvert to redirect one of the creeks running through the property to allow 14 townhomes to be built and accessed from Richland Street. The installation of sanitary sewer, water, and stormwater infrastructure to service the townhomes. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes C No O Unknown Comments 5b. If the Corps made a jurisdictional determination, what type of determination was made?* 6' Preliminary C Approved (- Not Verified r- Unknown r N/A Corps AID Number: Exarrple: SAW-2017-99999 SAW-2017-00824 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Equinox Environmental Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR. 04/28/2021 6. Future Project Plans 6a. Is this a phased project?* G Yes r 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r Wetlands r Streams -tributaries F- Buffers r Open Waters r Pond Construction 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.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* 31 RelocatingStream Permanent Culvert S-3 Perennial l � Both 1 171 Avaage (feet) (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: 171 3i. Total temporary stream impacts: 0 3i. Total stream and ditch impacts: 171 3j. Comments: 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:* Avoid to an extent disturbing existing stream while setting infrastructure for culvert under Richland Street. When it's time to redirect the stream to construct the remainder of the culvert infrastructure, create a bypass system to protect the stream. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Installations will take place in dry conditions utilizing bypass to maintain streamflow down stream. Installations will take place as quickly as possible to minimize impacts. 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 E No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Project below threshold to trigger mitigation. 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) �1 *** Recent changes to the stormwater rules have required updates to this section .*** 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? O Yes F No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: Low impact development 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes F No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * F Yes f No To look up lowdensity requirement click here 15A NCAC 02H .1003(2). Comments: G. Supplementary Information V 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* C 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)? * r Yes � 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?* r Yes c No 3b. If you answered "no," provide a short narrative description. Utilizing 15A NCAC 02H.1003(2) the development will have minimal effects on downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a.Issewage disposal required byDWRforthis project?* 6 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. Waste water will be tied into the local system for treatment. The Town of Waynesville wastewater treatment plan treats 6 million gallons per day. 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? 6 Yes C No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* C Yes (-- No 5d. Is another Federal agency involved?* r Yes C No 5e. Is this a DOT project located within Division's 1-8?* f 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 C No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-1,0-17-signed_NLEB-SLOPESRapps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?'* C Yes C No O Unknown 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.?* 6 Yes O No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* h ttp s: //wvAv. f vds . g o v/ i p a c/ 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* C Yes E 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/resource/map/esse ntia I-fish-habitat-mappe r 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.neder.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 historyand archaeology)?* r' Yes r- No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* 8. Flood Zone Designation (Corps Requirement) Link to the FEMAFIoodplain Maps: https://rrse.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? (-- Yes C No 8b. If yes, explain how project meets FEMA requirements: No structure will be built inside the flood plain area. 8c. What source(s) did you use to make the floodplain determination?* https://rrse.ferna.gov/portal/search Miscellaneous Comments Please use the space belowto attach all required documentation or anyadditional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Oickthe upload button a drag and drop files here to attach docurrent Supporting Document Package.pdf 36.85MB SAW-2017-00824 Richland Estates Chruch Street Site PJD.pdf 784.83KB File must be FLF a IQvI7 Signature * 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 CWA401 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:* R. Daniel Hyatt Signature * [/1. • adaieG Date 9/14/2021 V