Loading...
HomeMy WebLinkAbout20221650 Ver 1_ePCN Application_20221121DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 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. Pre -Filing Meeting Date Request was submitted on: 11/21/2022 BIMS # Assigned* Version#* 20221650 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Andrew Pitner:eads\ahpitner Information for Initial Review la. Name of project: Patrick Place la. Who is the Primary Contact?* Robert Bunch Reviewing Office* Mooresville Regional Office - (704) 663-1699 1 b. Primary Contact Email:* lc. Primary Contact Phone:* robert.bunch@palmettoenv.com (803)446-0577 Date Submitted 11/21/2022 Nearest Body of Water Davis Mine Creek Basin Catawba Water Classification 11-138-2-2-1 Site Coordinates Latitude: Longitude: 35.0598 -80.6969 A. Processing Information County (or Counties) where the project is located: Union Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. 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) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 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 lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. 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 ld. 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: R Dean Harrell 2b. Deed book and page no.: 6791 099 2c. Contact Person: 2d. Address Street Address 5615 Potter Road Address Line 2 City Matthews Postal /Zip Code 28104 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country US Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (704)870-4610 2g. Email Address: * rdean@rdharrellcompany.com 3. Applicant Information (if different from owner) 3a. Name: Same 3b. Business Name: 3c. Address Street Address 5615 Potter Road Address Line 2 City Matthews Postal / Zip Code 28104 3d. Telephone Number: (704)870-4610 3f. Email Address: * rdean@rdharrellcompany.com 4. Agent/Consultant (if applicable) 4a. Name: Robert H. Bunch, Jr. 4b. Business Name: Palmetto Environmental Consulting, Inc. 4c. Address Street Address PO Box 1730 Address Line 2 City Lexington Postal / Zip Code 29206 4d. Telephone Number: (803)446-0577 4f. Email Address: * robertbunch@palmettoenv.com C. Project Information and Prior Project History State / Province / Region NC Country US 3e. Fax Number: State / Province / Region SC Country US 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Indian Trail 2. Project Identification 2a. Property Identification Number: 07135056 2b. Property size: 20 2c. Project Address Street Address Potter Rd Address Line 2 City Indian Trail Postal / Zip Code 29079 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Davis Mine Creek 3b. Water Resources Classification of nearest receiving water: * 11-138-2-2-1 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030202 4. Project Description and History State / Province / Region NC Country US 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 property is mostly undeveloped fallow fields. The property is bordered by residences, woodlands, and a landscaping company. The property is east of Potter Road and west of Fincher Road. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.08 ac 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The project purpose is to contruct a residential development and associated infrastructure. The proposed project consists of impacting approximately 0.08 acre of wetlands for a road crossing and a stormwater pond. Of this impact, approximately 0.01 acre is for grading work for stormwater pond construction. The road and stormwater pond are necessary components of the infrastructure for this project. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The overall project consists of constructing a residential development and its associated infrastructure. The proposed project will include landclearing and grading activities using equipment such as excavators, backhoes, bulldozers, skid -steers, and motor graders. Sediment and erosion control measures will be implemented during and following the project activities. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 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-2004-30493 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Robert Bunch Palmetto Environmental Consulting, Inc 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 9-27-22 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? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 road P Bottomland Hardwood Forest A Yes Corps 0.070 (acres) W1 stormwater P Bottomland Hardwood Forest A Yes Corps 0.010 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.080 2i. Comments: E. Impact Justification and Mitigation 2g. Total Permanent Wetland Impact 0.080 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Jurisdictional waters were avoided and minimized to the extent feasible. The proposed impacts are unavoidable due to the property boundaries in relation to the wetland boundaries. The wetland bisects the narrow, central portion of the site, so that the required access road through the property cannot avoid the wetland. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The access road is proposed to cross perpendicular to the wetland. 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 this project DOES NOT require Compensatory Mitigation, explain why: Total impacts are under 0.1 acre of waters. 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 If no, explain why: 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. County Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) 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. This project does not have any future phases or anticipate any future development (beyond what is shown on site plan) which would impact downstream water quality. The proposed improvements within this development are being directed to, and treated by, approved NCDEQ BMPs for both water quality and detention, acheiving pre -development flow rates. This is shown in the SWP. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. This project is being served by the Twelve Mile Creek Treatment Facility located in Waxhaw. Sewer capacity for this development is not currently available, but they will allow us to move forward with full design of the site. Once plans are approved, they will shelve our project until such time that capacity opens up in the facility. Construction of the utilities will not be allowed until capacity is available and dedicated to this project. We do, however, expect capacity to open up at some point in the near future. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 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? Attached Fish & Wildlife Service Species List 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? * Attached Fish & Wildlife Service Species List 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?* Attached NC State Historic Preservation Office Web GIS 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?* Attached FEMA Firmette 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 6143 - Stormwater Report - 05-24-2022 - Signed.pdf 5.93MB 6143_ Patrick Place - Wetland Disturbance Exhibit.pdf 694.52KB FIRMETTE.pdf 756.33KB SHPO Web.pdf 227.43KB Species List_ Asheville Ecological Services Field Office.pdf 698.42KB File must be PDF or KMZ Comments 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: Robert H. Bunch, Jr. Signature v`rfs2G4SY. a .reA, 07e. Date 11/21/2022