Loading...
HomeMy WebLinkAbout20221685 Ver 1_ePCN Application_20221201DWR 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: 10/24/2022 BIMS # Assigned* Version#* 20221685 1 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 la. Name of project: Chestnut Lane Subdivision la. Who is the Primary Contact?* Mellissa Oliver What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:eads\ahpitner 1 b. Primary Contact Email:* lc. Primary Contact Phone:* moliver@pulte.com (704)312-0816 Date Submitted 12/1/2022 Nearest Body of Water UT to West Fork Twelvemile Creek Basin Catawba Water Classification Class C Site Coordinates Latitude: Longitude: 35.066406 -80.712180 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: 14 - Linear transportation 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: Pulte Homes Corporation 2b. Deed book and page no.: 2c. Contact Person: Mellissa Oliver 401 Water Quality Certification - Express Riparian Buffer Authorization 2d. Address Street Address 11121 Carmel Commons Boulevard Address Line 2 Suite 450 City State/ Province / Region Charlotte North Carolina Postal /Zip Code Country 28226 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (704)312-0816 2g. Email Address: * moliver@pulte.com 4. Agent/Consultant (if applicable) 4a. Name: Daniel Zurlo 4b. Business Name: WK Dickson 4c. Address Street Address 1213 W Morehead St. Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28208 USA 4d. Telephone Number: 4e. Fax Number: (704)227-3416 4f. Email Address: * dzurlo@wkdickson.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Indian Trail, NC 2. Project Identification 2a. Property Identification Number: 07147137, 07147137D 2c. Project Address Street Address 1932 Chestnut Lane Address Line 2 City Matthews Postal / Zip Code 28104 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * UT to West Fork Twelvemile Creek 3b. Water Resources Classification of nearest receiving water: * Class C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030201 4. Project Description and History 2b. Property size: 254 State / Province / Region NC 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 generally comprised of disturbed mixed forest and low density residential development. Land use in the vicinity of the project area is generally residential development. 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: 0.27 4g. List the total estimated linear feet of all existing streams on the property: 1,665 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a residential subdivision 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Pulte Home Company, LLC desires to development the Chestnut Lane Subdivision in the Town of Indian Trail, Union County, NC. The project is located on the north side of Chestnut Lane approximately one (1) mile east of the Chestnut Lane and Matthews-Weddington Road intersection. The subdivision consists of 57 Single Family Lots on 25.4 acres. The developer will be disturbing 20 acres. The property slopes from the northern property line (high point) to the southeast property corner along Chestnut Lane, then under Chestnut Lane into the West Fork Twelvemile Creek. The development will be installing one sediment basin and three skimmer basins on the lower side of the project's denuded limits. The one sediment basin will be converted to a wet pond at the end of site construction and the skimmer basins will be filled in and the soil will be stabilized. The project will have one culverted stream crossing (S1/S2 - 67 If permanent impact/40 If of temporary impact; 0.023 ac of permanent stream bed impact). This crossing supports a necessary road crossing and should be permitted under NWP 14. Three permanent wetland impacts are proposed (W1-W3). W1 and W2 will result in 0.006 ac. (W1) and 0.024 ac. (W2) of impacts to isolated, non-404 jurisdictional wetlands due to grading supporting proposed residential lots. Impacts should be permitted under NC DWR IWGP100000. W3 will result in 0.062 of permanent impacts due to the construction of a required sediment basin. This impact should be permitted under NWP 18 for minor discharges. Total permanent stream impacts are 67 If/0.023 ac., and total wetland impacts are 0.092 ac. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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-2021-01809 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Wetlands and Waters, Inc Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Approved JD issued on 11/10/21 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. 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 Fill for lot P Headwater Forest 1300 Yes DWR 0.006 (acres) W2 Fill for lot P Headwater Forest 1600 Yes DWR 0.024 (acres) W3 Fill for sediment basin P Headwater Forest 1700 Yes Corps 0.062 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.092 2g. Total Wetland Impact 0.092 2i. Comments: Impacts W1 and W2 will result in impacts to isolated non-404 jurisdictional wetlands. 3. Stream Impacts 3a. Reason for impact (?) 3b.Impact 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 Culvert Tributary 1 Perennial Corps 15 Average (feet) 67 (linear feet) S2 Pump around Temporary Dewatering Tributary 1 Perennial Corps 15 Average (feet) 40 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 67 3i. Total stream and ditch impacts: 107 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 40 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The site was delineated and an AJD was obtained prior to design. The site was designed in order to minimize impacts to jurisdictional waters. Impacts W1 and W2 will occur in isolated, non-404 jurisdictional waters, and impacts to jurisdictional wetlands fall below the 0.1 ac. mitigation threshold. Unfortunately, permanent stream impacts are unavoidable, as Tributary 1 bisects the site. A road crossing of Tributary 1 is necessary to connect the proposed residential lots on either side. The width of the crossing is the minimum necessary to allow for passage of traffic in both directions. Therefore, it cannot be shortened. The impacts will result in >0.02 ac. of stream bed loss. Mitigation credits will be purchased from the NC DMS In -lieu fee program. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All appropriate erosion and sediment control measures will be taken to limit potential indirect impacts to jurisdictional waters. Tributary 1 will be de - watered in the area of the road crossing in order to work in the dry. The proposed culvert will be buried by 1' in order to allow for the passage of water at low flows and for the passage of aquatic life. 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) 67 4c. If using stream mitigation, what is the stream temperature: warm 4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested: (square feet) (acres) 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 4h. Comments Payment to the ILF program will be made as no private stream mitigation credits are available in this service area. 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: Project is not adjacent to protected riparian buffers. 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 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management Plan Antidegradation Calculations Comments: Stormwater Managment Plan will be approved under the Town of Indian Trail's NPDES Phase II Stormwater permit, and an erosion and sediment control permit is being acquired from NCDEQ. 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. Project impacts are considered single and complete. No future phasing is proposed. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 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 51. 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? IPAC database, NCNHP element occurrence data, and field habitat investigation. NCNHP data indicates there are no known T&E species occurrences on the site (T&E occurrence figure). On -site habitat consists of disturbed mixed forests, woody wetlands, and perennial streams. A single-family residence and associated, maintained yard are also present. On -site habitat appears to be too disturbed to be considered suitable habitat for potentially occurring T&E species (Site photographs). 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 mapper 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?* Field visit, NCSHPO gis data 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: The on -site road crossing will change floodplain elevations. CLOMR process is on -going with FEMA. 8c. What source(s) did you use to make the floodplain determination?* FEMA firm panel 3710448800K 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 SignedAgentAuthorization. pdf 401_Buffer Pre -filing Meeting Request- Chestnut Lane Subdivision.pd.pdf 2022062800_C_SHT_WETLAND IMPACT EXHIBIT-1.pdf 2022062800_C_SHT_CULVERT IMPACT EXHIBIT-2.pdf SAW-2021-01809 (signed AJD).pdf Photopage.pdf IPACT&EList.pdf Figures.pdf File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: 44.31 KB 162.88KB 6.78MB 639.51 KB 4.28MB 410.2KB 793.77KB 6.17MB • 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: Daniel Zurlo Signature Date 12/1/2022