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HomeMy WebLinkAbout20220652 Ver 1_More Info Received_20220608Strickland, Bev From: Jennifer Robertson <jrobertson@atlasenvi.com> Sent: Wednesday, June 8, 2022 1:28 PM To: Munzer, Olivia Cc: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA); Perez, Douglas J Subject: [External] RE: NCWRC Comments - Cramer Estates DEQ#20220652 Gastonia / Corps Action ID 2022-00421 Attachments: 4 PCN.pdf; 6 Impact Map 20220608.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Olivia, I spoke with the developer after receiving your email below. They need that lot to make their overall count work for the project. They have committed to using either a bridge or bottomless culvert at that location so no stream impacts will occur. They understand the importance of the stream buffer and will adjust development of that lot in the field to get as much buffer as possible. Krysta/Doug, Please see the revised impact map and PCN. Thank you, Jennifer L Robertson, President ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, NC 28211 (704) 512-1206 office (828) 712-9205 mobile www.atlasenvi.com Offices in Asheville and Charlotte IRONMENTAL From: Munzer, Olivia <olivia.munzer@ncwildlife.org> Sent: Wednesday, May 25, 2022 1:00 PM To: Jennifer Robertson <jrobertson@atlasenvi.com> Cc: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) <Krystynka.B.Stygar@usace.army.mil>; Perez, Douglas J <doug. perez@ ncden r.gov> Subject: NCWRC Comments - Cramer Estates DEQ#20220652 - Gastonia Good afternoon Jennifer, In reviewing this application, I noticed that CH 200 goes through a lot. I am concerned that the stream buffer will be impacted. I've seen similar situations where the buffer becomes lawn, which increases erosion and impacts water quality, especially from runoff from the yard (i.e., fertilizers, etc.). To avoid additional impacts to this stream, I would i prefer if a few lot sizes are varied so the house can be relocated elsewhere in the development, such as the end of the cul de sac. I realize that some local municipalities have their restrictions, but often a variance can be requested. Keeping this lot a natural open space would lessen impacts to aquatic resources, but also reduce the potential for this house to flood during heavy rains. According to the diagram, it also seems that the rip rap pad is large for an intermittent stream, although this is more in Doug and Krysta's wheelhouse. Thank you for the consideration, Olivia Olivia Munzer Western Piedmont Habitat Conservation Coordinator NC Wildlife Resources Commission Rogers Depot 1718 NC Hwy 56 W Creedmoor, NC 27522 Office: 919-707-0364 Cell: 336-269-0074 olivia.munzer@ncwildlife.org www.ncwildlife.org Q k®R Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. 2 o��FyWj�ATF��9 pG o�< Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. 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 1 e. 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 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Cramer Estates 2b. County: Gaston 2c. Nearest municipality / town: Gastonia 2d. Subdivision name: Cramer Estates 2e. NCDOT only, T.I.P. or state project no: not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: BBC Cramer Estates, LLC 3b. Deed Book and Page No. 5205/0279, 5205/0279, and 0841068 3c. Responsible Party (for LLC if applicable): Mr. Steve Bailey 3d. Street address: 21000 Torrence Chapel Road Suite 100 3e. City, state, zip: Cornelius, NC 28031 3f. Telephone no.: (704) 607-5059 3g. Fax no.: No Fax Number 3h. Email address: steve@pdcllc.net Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: Mr. Steve Bailey 4c. Business name (if applicable): Prestige Corporate Development, LLC 4d. Street address: 21000 Torrence Chapel Road Suite 100 4e. City, state, zip: Cornelius, NC 28031 4f. Telephone no.: (704) 607-5059 4g. Fax no.: 4h. Email address: steve@pcdllc.net 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338 S. Sharon Amity Road #411 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.: no fax 5g. Email address: jobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 149235, 149236, and 225609 1 b. Site coordinates (in decimal degrees): Latitude: 35.218737 Longitude: - 81.116231 1 c. Property size: —48.94 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Catawba Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Upper 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 review area is mostly cleared for previous uses of residential and timber practices. The property has been forested for years. Portions of the property are forested. The land use surrounding the property is generally residential and agriculture. 3b. List the total estimated acreage of all existing wetlands on the property: 0.057 (0.01 acre Corps JD, 0.047 acre isolated) 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4544 (53 non-rpw) 3d. Explain the purpose of the proposed project: Residential development 3e. Describe the overall project in detail, including the type of equipment to be used: The project purpose is for the construction of a residential development consisting of detached single family dwellings. The development will also include the construction of stormwater treatment, parking, roadways, and associated infrastructure such as electric, sewer, and water. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary ®Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): A Baggarley, J Robertson, J Sinclair Agency/Consultant Company: Atlas Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. An Approved JD has been submitted, the Corps issued a PJD but an AJD was requested 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No [66b. If yes, explain. Phase 2 will be developed at a later date on the other side of Stroupe Road. Page 3 of 10 PCN Form — Version 1.4 January 2009 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 Area of number Type of impact Type of wetland Forested Corps (404, 10) or impact Permanent (P) or (if known) DWQ (401, other) (acres) Temporary T W1 P Fill Seep No DWQ 0.042 W2 P Fill Seep No DWQ 0.005 W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total wetland impacts: 0.047 2h. Comments: 0.047 acre of isolated wetland impacts 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 Culvert CH 200 INT Corps 3 102 (0.004) S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts: 102 (0.004) 3i. Comments: Impact S1 (0.004 Ac) is permanent culvert installation for one road crossing necessary for property access. Page 4 of 10 PCN Form — Version 1.4 January 2009 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. Open water impact number - Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts: 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 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.Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer impact number- Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total buffer impacts: 6i. Comments: Page 5of10 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to aquatic resource have been minimized to the greatest extent possible. There is approximately 4544 linear feet of stream channel and 0.057 acres of wetlands. The development of the property, including approximately 33 dwellings on 48.94 acres, is being accomplished with only one road crossing and one driveway crossing. Stream impacts are less than 3% and wetland impacts have been reduced to the isolated wetlands only. The channel banks are vertical with no vegetative protection and are actively eroding. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction and engineering techniques are being applied to further minimize impacts from the development to aquatic resources. The stream crossings at S1 are being shortened by headwalls at the upper and lower extents of the culverts. Additionally, a retaining wall is being constructed where needed to aviod additional 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? ❑ 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 El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: none 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity none Quantity none Quantity none 3c. Comments: none 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: Choose one 4d. Buffer mitigation requested (DWQ only): none square feet 4e. Riparian wetland mitigation requested: none acres 4f. Non -riparian wetland mitigation requested: none acres 4g. Coastal (tidal) wetland mitigation requested: none acres 4h. Comments: no 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 1.4 January 2009 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 ❑ Yes ® No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 none none 3 (2 for Catawba) none Zone 2 none none 1.5 none 6f. Total buffer mitigation required: none 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). not applicable 6h. Comments: no comments Page 7 of 10 PCN Form — Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ® No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ®No 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 The project engineer is coordinating all of the stormwater requirements. description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? Gaston County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Gaston County 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ® Phase II ❑ NSW El USMP❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑ Coastal counties ❑ HQW ❑ ORW ❑ 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 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. 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 ❑ Yes ❑ No letter.) Comments: n/a 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. 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 connect to existing sanitary sewer Page 9 of 10 PCN Form — Version 1.4 January 2009 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. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPAC and the NC natural hetitage program; FWS Asheville office coordination, Report was submitted on February 7, 2022, a copy of the submitted report is included. 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 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 HPO Buffer Map, No comment letter attached from NC HPO 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: Avoiding FEMA flood hazards 8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer Jennifer L Robertson �X+o� f�� 04/08/2022 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Form — Version 1.4 January 2009 ; r Al W �__I���/�i� Figure: Project Name: Cramer Estates Location: 529 Stroupe Road Gastonia, NC 28056 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey Coordinates: 35.218737,-81.116231 Date: March 16, 2022 JACU3T8AVISSINCLAIB 6.. 3180 PWS A Stream Impact S1 CH 200: — 102 LF, 0.004 Ac No Stream Impact for Driveway Access Legend O Review Area Streets Gaston Co. Parcels I I Delineation Perennial Intermittent Wetland Culvert Ephemeral/Non RPW Isolated Wetland ONMENTAL Figure: Permit Impact Map Project Name: Cramer Estates Location: 529 Stroupe Road Gastonia, NC 28056 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey Coordinates: 35.218737, -81.116231 50 100 150 200 Ft Date: March 16, 2022 Legend Review Area Streets I I Gaston Co. Parcels Delineation = Perennial Intermittent Wetland Culvert Ephemeral/Non RPW Isolated Wetland Isolated Wetland Impact W1 WL 2000: - 0.042 Ac Isolated Wetland Impact W2 WL 2100: - 0.005 Ac Figure: Project Name: Cramer Estates Location: 529 Stroupe Road Gastonia, NC 28056 For: Prestige Corporate Development, LLC Attn: Mr. Steve Bailey Coordinates: 35.218737, -81.116231 Date: March 16, 2022