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HomeMy WebLinkAbout20211575 Ver 1_Executed PCN Application_Hamptons at Hickory_20211029ZV ETLAN D S WATERS9 INC. Department of the Army Wilmington District, Corps of Engineers PO Box 1890 Wilmington, North Carolina, 28402-1890 -and- NC Division of Water Resources, WBSCPE Unit 512 North Salisbury Street Raleigh, North Carolina, 27604 RE: Agent Authorization The undersigned do hereby authorize Wetlands & Waters, Inc. to act on my behalf and take all actions necessary for the processing of this jurisdictional verification, permit or certification request and any and all standard and special conditions attached. I/we reserve the right to accept or appeal all final, proffered actions, jurisdictional determinations, permits or certifications and any and all standard and special conditions attached. Applicant: Contact Name: Street Address / PO Box: City, State, Zip Code Phone / Fax Number Project Name: Property Street Address: Applicant Signature: Date: DR Horton Marty Davis 8025 Arrowridge Boulevard Charlotte, NC 28273 980-666-0326 Hamptons at Hickory 1700 5th Street NE, Hickory NC 28601 PIN:371305177628 (Street Address, City, State, and Zip, or County and Tax PIN) to /i:.5 Christopher Huysman Tamp Bandy 170 Dew Drop Road Wetlands & Waters Inc. 4108 LB Propst Drive Sparta, NC 28675 Conover, NC 28613 336.406.0906 WETLAND AND ENVIRONMENTAL CONSULTANTS 828.302.3437 Chris. Huysman@gmail.cam 1TampBandy@gmail.com Ion aF wnr� �. —�.� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification CN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: The Hamptons at Hickory 2b. County: Catawba 2c. Nearest municipality / town: Hickory 2d. Subdivision name: The Hamptons at Hickory 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: MAUSER FAMILY LIMITED PARTNERSHIP 3b. Deed Book and Page No. 1862 - 1456 3c. Responsible Party (for LLC if applicable): 1700 511 St. NE 3d. Street address: 3e. City, state, zip: Hickory, NC 28601 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Under contract to purchase 4b. Name: Marty Davis 4c. Business name (if applicable): D. R. Horton 4d. Street address: 8025 Arrowridge Boulevard 4e. City, state, zip: Charlotte, NC 28273 4f. Telephone no.: 980-666-0326 4g. Fax no.: N/A 4h. Email address: WMDavis@drhorton.com 5. Agent/Consultant Information (if applicable) 5a. Name: Tamp Bandy Wetlands & Waters, Inc. 5b. Business name (if applicable): 5c. Street address: 328 East Broad Street, Suite D 5d. City, state, zip: Statesville, NC 28677 5e. Telephone no.: 828-302-3437 5f. Fax no.: N/A 5g. Email address: jtampbandy@wetlands-waters.com Page 2 of 10 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 371305177628 1b. Site coordinates (in decimal degrees): Latitude: 35.75317 Longitude: --81.31903 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 97.64 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Falling Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba 03050101 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is currently developed as a golf course. Land use in the vicinity is primarily residential and commercial. 3b. List the total estimated acreage of all existing wetlands on the property: 2.715 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2841 3d. Explain the purpose of the proposed project: The applicant has stated the purpose of the proposed project is to redevelop the existing property as a residential subdivision to meet regional demand for housing. 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of redeveloping an existing golf course (constructed prior to April 1973 based on historic aerials) into a residential subdivision. Typical construction equipment will be used to construct the project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ❑Yes ❑ No ®Unknown project (including all prior phases) in the past? Comments: ❑ Preliminary ❑ Final 4b. If the Corps made the jurisdictional determination, what type of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? Yes 4*No 6b. If yes, explain. No additional phases are proposed. Page 3 of 10 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number— Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Tem ora (T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5W5 0 P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T El Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 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. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Culvert T-3E ❑ PER ® INT ® Corps ❑ DWQ 1 182.51 S2 ® P ❑ T _ Culvert Culvert T-3D _ T-3C ❑ PER ® INT ❑ PER ® INT ® Corps ❑ DWQ 2 2 48.84 S3 ® P ❑ T ® Corps ❑ DWQ 14.54 S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 245.89 3i. Comments: Total new impacts proposed are 0.012 acre (245.89 LF) of stream loss. Page 4 of 10 PCN Form — Version 1.3 December 10, 2008 Version 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. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 []PDT 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4L Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of and p Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑P❑T ❑Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 5of10 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project has been designed to avoid and minimize impacts to the maximum extent practicable. The location of the tributary results in unavoidable impacts that are necessary to achieve the project purpose, and impacts have been minimized to a low - quality feature that has been previously impacted. All other aquatic resources are avoided under the current site plan. Approximately 2,595 linear feet of stream, 0.51 acres of open waters (pond), and 2.715 acres of wetlands are avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Sediment and erosion control measures will be used for the duration of project construction to minimize impacts to downstream aquatic resources. Stormwater BMPs will be used to minimize impacts to water quality as a result of the project, and are expected to result in positive benefits to water quality overall. 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 yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: Not in area where diffuse flow is required 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24 % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: i ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Hickory ® Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: ❑ Yes ® No 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HOW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 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 ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. 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: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No changes to regional development patterns is expected as a result of the proposed project. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project will tie into existing sanitary sewer infrastructure on the site. Page 9 of 10 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Project occurs within range of NLEB. NC NHP GIS indicates no known occurrences of federally protected species within a one -mile radius. W&W conducted site evaluation and found no varieties of Hexastylis spp. or Helianthus spp. on -site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA EFH GIS 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC SHPO GIS 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: FEMA floodplain avoided under current site plan 8c. What source(s) did you use to make the floodplain determination? FEMA NFHL GIS 16 Z_&" Applicant/Agent's Printed Name Appfic gent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.; Page 10 of 10 PCN Form — Version 1.3 December 10, 2008 Version