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
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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