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
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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
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Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
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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
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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