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HomeMy WebLinkAbout20201281 Ver 1_ePCN Application_20211118DW R mrlsloa of ware. 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 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