HomeMy WebLinkAbout20201281 Ver 1_ePCN Application_20211118DW R
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Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned*
20201281
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
Information for Initial Review
1a. Name of project:
Villages at Cramerton Mills
la. Who is the Primary Contact?*
Nicholas Parker
1 b. Primary Contact Email:
nrparker@amicuseng.com
Date Submitted
11/18/2021
Nearest Body of Water
South Fork Catawba River
Basin
Catawba
Water Classification
WS-V
Site Coordinates
Latitude:
35.222515
A. Processing Information
County (or Counties) where the project is located:
Gaston
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Pre -Filing Meeting Information
Longitude:
-81.073207
Version# *
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
(704)902-5771
u
Is this a courtesy copy notification?*
Yes No
ID#
Version
Pre -fling Meeting or Request Date
10/27/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
DWR—Pre Filining Meeting Request_10-26-21.pdf
File type must be PDF
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?
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?"
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?"
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
MCP SFR Cramerton LP
2b. Deed book and page no.:
5224/2364
2c. Contact Person:
not provided
170.21 KB
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d.Address
Street Address
C/O MANDRAKE CAPITAL PARTNERS 40 WEST 57TH ST STE 1420
Address Line 2
City
New York
Postal / Zip Code
10019
2e. Telephone Number:
(111)111-1111
2g. Email Address:*
notprovided@gmaii.com
3. Applicant Information (if different from owner)
3a. Name:
Nicholas Parker
3b. Business Name:
Amicus Partners, PLLC
3c.Address
Street Address
6012 Bayfield Parkway
Address Line 2
Unit 329
City
Concord
Postal / Zip Code
28027
3d. Telephone Number:
(704)902-5771
3f. Email Address:*
nrparker@amicuseng.com
4. Agent/Consultant (if applicable)
4a. Name:
Nick Creidler
4b. Business Name:
Headwater Environmental, Inc.
4c. Address
Street Address
1121 Military Cutoff Road
Address Line 2
Suite C #306
City
Wilmington
Postal / Zip Code
28405
4d. Telephone Number:
(910)777-8386
0. Email Address:*
nick@headwaterenvironmental.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(If appropriate)
1c. Nearest municipality / town:
Cramerton
State / Province / Region
New York
Country
USA
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number
State / Province / Region
North Carolina
Country
USA
4e. Fax Number
2. Project Identification
2a. Property Identification Number:
3584028421
2b. Property size:
31.59
2c. Project Address
Street Address
no assigned legal address
Address Line 2
City
Cramerton
Postal / Zip Code
28032
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
South Fork Catawba River
3b. Water Resources Classification of nearest receiving water:*
WS-V
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501020605
4. Project Description and History
State / Province / Region
North Carolina
Country
USA
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 is situated between 560 and 650 feet above MSL. The majority of the site is wooded. The northeastern portion of the site bounds the South Fork Catawba River. Topography on
site decreases towards the river.
The site is situated in a growing area of Gaston County. The site is bounded on the northwest by the Baltimore Village neighborhood; on the northeast by the South Fork Catawba River;
on the southeast by wooded land; and on the southwest by a residential subdivision and Hamrick Road.
Headwater identified three wetland areas and four streams within the site boundary. On June 17, 2020, Mr. Bryan Roden -Reynolds of the USACE verified the wetland findings and issued
the signed JD (SAW-2020-00737).
The site was historically used for agricultural and pastoral purposes associated with the Cramerton Dairy Farm from the 1910s through the 1940s. A building (likely a dwelling) was located
on the northern portion of the site from at least the 1930s until the 1950s. Additional agricultural out buildings were located on the central portion of the site during the 1930s until the
1950s. The site became fallow and wooded in the 1950s until it was timbered in the early 2000s. The site was left fallow and became wooded until the present.
The surrounding properties have historically been in a residential setting, agricultural setting, or been wooded and undeveloped. The town of Cramerton was a company town centered
around two textile factories developed and owned by Mr. Stuart Cramer. Mr. Cramer owned all of the properties in Cramerton. The Baltimore Village neighborhood, a historically black
neighborhood located northwest and adjacent to the site, was built in 1920. Baltimore residents worked at the Cramerton Dairy Farm and vegetable fields. The farm supplied fresh food to
the mill workers of Cramerton. A garbage incinerator (circa 1920s) is located at the terminus of Patterson Street, along the northern portion of the subject site. The Cramerton Mill was shut
down in 1946. Land southeast of the site was also in a pastoral setting until the 1950s. The dairy burned down between the late 1930s and the 1950s and was never rebuilt. Lands
formerly in an agricultural and pastoral setting became wooded. From the 1980s onward, residential development increased surrounding the site. A water treatment facility has been
located approximately 600 feet south of the site since the 1980s. In the mid-2010s, a neighborhood was constructed southwest of the site.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2020-00737
4f. List the total estimated acreage of all existing wetlands on the property:
1.85
4g. List the total estimated linear feet of all existing streams on the property:
2050
4h. Explain the purpose of the proposed project:
The proposed project involves construction of a residential subdivision consisting of single-family homes. As the population of Gaston County continues to grow, new affordable housing
accommodations are needed to keep up with an increasing population. One of the several factors responsible for the population growth in Gaston County stems from the growth of greater
Charlotte area. Many new residents in Gaston County are commuting to the greater Charlotte metropolitan area. The proposed subdivision is designed to accommodate and attract middle
income families. Access to the site will be located along Hamrick Road.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project includes development of a 122-lot residential subdivision consisting of single-family homes. Municipal water and sewer services will be provided to the neighborhood.
A single access road extends from Hamrick Road through the proposed residential subdivision. To accommodate for the road, Wetland A2 and Stream A will be filled. Wetland A2 drains
southeast to Stream A. Stream A drains to another wetland area. The proposed road crossing will result in 0.136-acre of Wetland A2 and 24 linear feet of Stream A to be filled.
Tree clearing equipment will be used to prepare the site for development. Bulldozers, backhoes, and excavators will be used in the grading of the site, building of the BMPs, and other
aspects associated with the development of a residential subdivision. Additionally, pick-up trucks will be utilized on site by contractors and construction workers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2020-00737
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Headwater Environmental, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
SAW-2020-00737 issued on 6/17/2020.
6. Future Project Plans
6a. Is this a phased project?*
Yes 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?
D. Proaosed Imaacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.*
2d. W. name*
J
2e. Forested"
I
2f. Type of Jurisdicition*
I I M
2g. Impact
area*
Road crossing
L
NCWAM TYPES
A2
Yes
Corps
0.136
acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.136
2g. Total Wetland Impact
0.136
2i. Comments:
Wetland Impact A2 is located on the central portion of the site, at the uppermost portion of the wetlands. The permanent impacts are associated with fill
to build the main road, Lillian Street, through the subdivision and lots 85 and 86. Lillian Street is a 50-ft wide public right of way that will provide access
and continuity to the northern portion of the subdivision.
3. Stream Impacts
11
3a. Reason for impact (?)
3b.lmpact 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
Fill
A
Perennial
Corps
E;;;]�near
feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
24 0
31. Total stream and ditch impacts:
24
3j. Comments:
Stream A is a perennial water that flows from Wetland A2 and drains through Wetland Al. Permanent impacts to Stream A are associated with fill for the
same road crossing (Lillian Street). The stream impacts include 24 linear feet of Stream As upper reach. Stream A has an average width of 3 feet at the
proposed impact area.
E. Impact Justification and Mitigation U
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project
The current site plans were designed to specifically to avoid and minimize impacts to Waters of the U.S.
Permanent Impact: Wetland A2 and Stream A
The proposed road crossing for Lillian Street impacts the lower portion of Wetland A2 and the uppermost reach of Stream A. Lots 85 and 86 are partially
located within the upper reach of Wetland A2. The right-of-way for Lillian Street was designed in order to meet Gaston County requirements. Local
topography, additional aquatic resources and their buffers on site limited the design choices for the placement of Lillian Street.
Additionally, the current subdivision design allows for the connection of secondary access roads to the existing residential development located west of
the site. Therefore, alternate road locations for Lillian Street, the main neighborhood access road, were not considered.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing will be installed prior to construction along the perimeter of the wetlands and streams to minimize sedimentation into these resources.
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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
24
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested
0.14
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
Wetland credits were not available from a mitigation bank within the watershed of the proposed impacts. The In -lieu fee approval letter is attached.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
Stormwater management plan being prepared by Amicus Partners, PLLC. A wetland retention basin and two stormwater BMPs are proposed for the development along with maintaining a
vegetative buffer along the South Fork Catawba River and other aquatic resources on site.
G. Supplementary Information U
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federallstatellocal) funds or the use of public (federal/state) land?
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)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed project is bounded on the north and south by existing residential development, on the east by the South Fork Catawba River, and on the
west by Hamrick Road followed by a water treatment facility. Additionally, riparian buffer rules limit development activities in this area.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes 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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Headwater completed the USFWS 9-step self -certification process (attached). Based on field observations, Headwater determined that the proposed
project in not likely to impacted endangered species or designated critical habitat. A courtesy copy has been emailed to the Raleigh office.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA essential fish habitat map.
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 status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NCSHPO interactive map. Impacts are not likely to the resources as existing mature trees will be left on the northern portion of the site between the
Baltimore Neighborhood and the proposed development.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Online Flood Map Service Center, Map Panel # 3710358400J Dated September 28, 2007. The proposed development will occur outside of the
designated flood zones along the river.
Miscellaneous
Please use the space below to attach all required documentation or any additional 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.
Click the upload button or drag and drop files here to attach document
PCN Attachments.pdf 4.62MB
File must be PDF or KMZ
Comments
Contact information for the property owner was not provided.
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 CWA 401 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:
Nicholas Creidler
Signature
47M; alad atm.;elaz
Date
11/18/2021