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HomeMy WebLinkAbout20141284 Ver 1_Response to Additional Information Request and Revised PCN_20150129 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (v) 704-527-1133 (fax) January 29, 2015 Mr. Alan Johnson Env. Sr. Specialist Water Quality Regional Operations Mooresville Regional Office Mr. William Elliott U.S. Army Corps of Engineering 151 Patton Avenue Asheville, NC 28801 Subject: Response to Request for Additional Information by NCDENR and Revised Pre-Construction Notification Courtyards at Emerald Lake Union County, North Carolina CWS Project No. 2014-3279:2 DWR: 14-1284 Dear Mr. Johnson and Mr. Elliott: Thank you for your letter, dated December 23, 2014, requesting a response to comments made by your office, the North Carolina Department of Environmental and Natural Resources (NCDENR). A copy of your letter is attached for your reference. This letter is in response to your comments on the project. Comments are addressed in the same order that they were provided. The permanent impacts have been further reduced to the maximum extent practicable. Please refer to the revised PCN (attached). The site is located within the Goose Creek Watershed and is subject to the Goose Creek Buffer Rule (15A NCAC 2B . 0600-.0609). More clarification is required regarding the proposed impacts. Please check the Table of Uses. Please see the attached Buffer Impact Table for clarification. A perennial/intermittent stream call may be required. Currently the plan shows a 100 ft buffer indicating an intermittent stream. Please indicate the buffer on both sides of the channel (even if offsite). According Goose Creek riparian buffer rules, “undisturbed riparian buffers are required within 200 feet of waterbodies within the 100-Year Floodplain and within 100 feet of 1 waterbodies that are not within the 100-Year Floodplain”. Since the site is not within the 100-Year Floodplain, 100 ft buffer applies to the perennial stream. 1 http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environment%20and%20natural%20resources/chapter%2002%20- %20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0605.html · NORTH CAROLINA SOUTH CAROLINA WWW.CWS-INC.NET Courtyards at Emerald Lake January 29, 2015 Response to Request for Additional Information CWS Project No. 2014-3279:2 Please show/indicate on the plan a 50 ft demarcation line within the buffer and its relationship to the proposed sewer line and trail. A scale drawing may be required. The proposed trail is completely outside the 50 ft inner line. Figure 1 depicts the 50 ft demarcation line and its relationship to the proposed the trail and sewer line. Please indicate the linear ft of sewer line that is located within and outside of the 50 ft line noted above. Include the square footage for each section of the buffer that is impacted. This includes the “tether” to the main area of development. The linear footage of the sewer line within the 50 ft line noted above is 316 lf (4,737 sq ft). Please refer to the Buffer Impact Table and Figure 1 regarding the length and square footage of the each impacted section. Mitigation may be required and a site visit may also be required. EPCON Communities proposes to mitigate for the permanent riparian buffer impacts (4,737 sq ft) at a 3:1 ratio through a purchase of 14.211 buffer mitigation units from the NCEEP. NCEEP acceptance letter is attached. Please do not hesitate to contact us at 704-408-1683, or through email at gregg@cws-inc.net should you have any additional questions or comments regarding this permit submittal. Sincerely, Gregg Antemann, PWS Aliisa Harjuniemi Principle Scientist Staff Scientist II Attachments: Request for Additional Information Letter Revised PCN Buffer Impact Table Figure 1. Riparian Buffer Impacts Figure 2. Wetland and Stream Impacts NCEEP Acceptance Letter cc: File 2 Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Section 404 Permit Section 10 Permit Corps: 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. 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 For the record only for Corps Permit: 1e. Is this notification solely for the record For the record only for DWQ 401 because written approval is not required? Certification: Yes No Yes No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation Yes No 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 1h below. 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: Courtyards at Emerald Laket 2b. County: Union 2c. Nearest municipality / town: Stallings 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state N/A project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if N/A applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: 1 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: EPCON Communities 4b. Name: Mr. Rick Heareth, PWS 4c. Business name EPCON Communities (if applicable): 4d. Street address: 8600 Sam Furr Roaf, Suite 180 4e. City, state, zip: Huntersville, NC 28078 4f. Telephone no.: (704) 353-9959 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Gregg Antemann 5b. Business name Carolina Wetland Services, Inc. (if applicable): 5c. Street address: 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 704-408-1683 5f. Fax no.: 704-527-1133 5g. Email address: gregg@cws-inc.net 2 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): multiple Latitude: 35.139789 Longitude: - 1b. Site coordinates (in decimal degrees): 80.618352 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 50 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT's to Goose Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Yadkin Pee Dee (HU# 03050105) 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 project area is approximately 50 acres in extent and consists of undeveloped wooded land. Typical on-site vegetation includes loblolly pine (Pinus taeda), red maple (Acer rubrum), southern red oak (Quercus falcata), winged elm (Ulmus alata), sweetgum (Liquidambar styraciflua), eastern red cedar (Juniperus virginiana), Johnson grass (Sorghum halepense), sawtooth blackberry (Rubus argutus), and greenbriar (Smilax rotundifolia). 3b. List the total estimated acreage of all existing wetlands on the property: 0.52 ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 139 linear feet of intermittent stream, 5,892 linear feet of perennial stream 3d. Explain the purpose of the proposed project: The purpose of the project is to develop approximately 50 acres of property into a retirement community consisting of 93 single family homes and to provide sanitary sewer service for the new development. This project will help meet the increasing demand for retirement communities in the Charlotte region. Impacts to on-site jurisdictional waters are necessary in order to provide sanitary sewer service to the proposed development. 3e. Describe the overall project in detail, including the type of equipment to be used: Under Nationwide Permit (NWP) No. 29, unavoidable permanent impacts to jurisdictional waters of the U.S. associated with this project are limited to a total of approximately 0.052 acre of jurisdictional wetland area and 2.65 acre of Goose Creek riparian buffer (Figures 1 & 2, attached). Temporary Impacts Proposed impacts include installing 8’’ sanitary sewer within the Goose Creek riparian buffer. This will result in a total of 35,143 sq ft temporary impact to the buffer. Installation of the sanitary sewer will also have temporary impact on Seasonal Stream D (40 lf), Wetland GG (0.011 acre), and Wetland II (0.019 acre) (Figures 1 & 2). Permanent Impacts Filling for the purpose of constructing condominium units will result in 0.01 acre permanent impact on Wetland BB (Figure 2). Installation of a Rip Rap apron will cause 0.012 acre permanent impact on Wetland GG (Figure 2). An asphalt path running through the Riparian Buffer will also cause 0.051 acre of permanent impact (Figure 1). Maintaining the sewer right-of-way will have 0.011 acre permanent impact on Wetland GG and 0.019 acre permanent impact on Wetland II. Piping Perennial Stream B with 35'' strormwater pipe will total 45 lf of permanent impact. Typical construction equipment, such as trachoe, will be used. 3 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Yes No Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type Preliminary Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for Yes No Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to “help file” instructions. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. 4 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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 number – Type of impact Type of wetland Forested(Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ – non-404, other) (acres) Temporary (T) Yes Corps W1 P T rip rap apron PEM1E 0.012 No DWQ clearing Yes Corps W2 P T 0.011 (mainainedPEM1E No DWQ easement) Yes Corps temporary W3 P T PEM1E 0.011 easement access No DWQ Yes Corps W4 P T fill PFO1E 0.010 No DWQ Yes Corps temporary W5 P TPEM1E 0.019 easement access No DWQ clearing Yes Corps W6 P T (mainainedPEM1E 0.019 No DWQ easement) . Total wetland impacts 2g 0.082 acre 2h. Comments: Permanent impacts to wetlands total 0.052 acre. 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. 3g. 3a.3b.3c.3d.3e.3f. Impact Type of impact Stream name Type of jurisdiction Stream impact PerennialAverage length number -(PER) or stream (Corps - 404, 10 (linear width Permanent (P) or intermittent DWQ – non-404, feet) Temporary (T) (INT)? (feet) other) PER Corps S1 P T Sewer crossing Stream D 2-3 40 INT DWQ PER Corps S2 P T Piping Stream B 2-3 45 INT DWQ PER Corps S3 P T INT DWQ PER Corps S4 P T INT DWQ PER Corps S5 P T INT DWQ PER Corps S6 P T INT DWQ Total stream and tributary impacts 3h. 85 3i. Comments: Permanent Impacts to Jurisdictional Streams total 85 lf (0.002 acre) of stream channel. 5 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 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.4b.4c.4d.4e. Open water Name of waterbody impact number – (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) O1 P T O2 P T O3 P T O4 P T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5b. 5a. 5c.5d.5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 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 MUST below. If any impacts require mitigation, then you fill out Section D of this form. . 6a Neuse Tar-Pamlico Other: Yadkin Catawba Randleman Project is in which protected basin? 6b.6c.6d.6e.6f.6g. Buffer impact number – ReasonBufferZone 1 impact Zone 2 impact Permanent (P) or forStream name mitigation(square feet) (square feet) Temporary (T) impactrequired? Yes SanitaryStream A (UT to Goose B1 P T 49,944* sewer Creek) No Yes Stream A (UT to Goose B2 P T Trail 2,205 Creek) No Yes SanitaryStream A (UT to Goose B3 P T 35,143 sewer Creek) No Total buffer impacts 6h. 87,292 6i. Comments: *Permanent impacts requiring mitigation total 4,737 square feet (0.109). Please refer to the Figure 1 and 6 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version Buffer Impact Table for more detailed information. Activity within the existing corridor (Extempt zone) total 23,140 and is not included above. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The Courtyards at Emerald Lake project has been designed to avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters. The following paragraphs outline the avoidance and minimization efforts undertaken during the planning and design phase of this project. Avoidance Jurisdictional Waters of the U.S. have been avoided wherever possible. Impacts were completely avoided on Wetlands AA, CC, DD EE, FF, HH and most of the Wetland BB remains undisturbed. The proposed trail inside the Goose Creek Riparian buffer is outside the 50 ft inner part of the buffer to avoid the stream disturbances to the maximum extent possible. Impacts to the jurisdictional waters and Riparian Buffer are limited to maximum extent practicaple. Constraints on the sewer route were also taken into account. These constraints include property ownership, site topography, and geology. Impacts within inner 50 feet from the nearest stream within the Goose Creek Riparian buffer were unavoidable in order to tie in to the existing system and prevent the sewer going too deep. In areas where impacts to Jurisdictional Waters of the U.S. are unavoidable, steps have been taken to minimize both the extent and severity of the impacts. Minimization Tree removal within the riparian buffer during path construction will be minimal, if not completely avoided. The plan is to weave the path through the woods avoiding impacts to the trees. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. All unavoidable stream crossings will be at a near perpendicular angle. All channel work will be constructed in the dry in accordance with Water Quality Certification No. 3890. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The Courtyards at Emerald Lake project has been designed to avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters. The following paragraphs outline the avoidance and minimization efforts undertaken during the planning and design phase of this project. Avoidance Jurisdictional Waters of the U.S. have been avoided wherever possible. Impacts were completely avoided on Wetlands AA, CC, DD EE, FF, HH and most of the Wetland BB remains undisturbed. The proposed trail inside the Goose Creek Riparian buffer is outside the 50 ft inner part of the buffer to avoid the stream disturbances to the maximum extent possible. Impacts to the jurisdictional waters and Riparian Buffer are limited to maximum extent practicaple. Constraints on the sewer route were also taken into account. These constraints include property ownership, site topography, and geology. Impacts within inner 50 feet from the nearest stream within the Goose Creek Riparian buffer were unavoidable in order to tie in to the existing system and prevent the sewer going too deep. In areas where impacts to Jurisdictional Waters of the U.S. are unavoidable, steps have been taken to minimize both the extent and severity of the impacts. Minimization Tree removal within the riparian buffer during path construction will be minimal, if not completely avoided. The plan is to weave the path through the woods avoiding impacts to the trees. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. All unavoidable stream crossings will be at a near perpendicular angle. All channel work will be constructed in the dry in accordance with Water Quality Certification No. 3890. 7 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for Yes No impacts to Waters of the U.S. or Waters of the State? DWQ Corps 2b. If yes, mitigation is required by (check all that apply): Mitigation bank 2c. If yes, which mitigation option will be used for this Payment to in-lieu fee program project? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 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: warm coolcold 4d. Buffer mitigation requested (DWQ only): 4,737 square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. 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. 8 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 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. Reason for impact Total impactMultiplierRequired mitigation Zone (square feet) (square feet) Maintained easement for Zone 1 4,737 3 (2 for Catawba) 14,211 sewer line Zone 2 1.5 Total buffer mitigation required: 6f. 14,211 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). 6h. Comments: 9 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the projectinclude or is it adjacent to protected riparian buffers identified Yes No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. Yes No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project?62.6 % 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 description of the plan: Impervious to the wet pond (at the entrance) is 14.59 ac out of 22.45 ac (65% impervious). Impervious to the sand filter/dry pond is 2.09 ac out of 4.19 ac (50% impervious). Impervious as a total site is 16.68 ac out of 26.64 ac (62.6% impervious). A copy of the approvet State Stormwater Management Permit is attached. Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? DWQ Stormwater Program DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? Phase II NSW 3b. Which of the following locally-implemented stormwater management programs USMP apply (check all that apply): Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been Yes No attached? 4. DWQ Stormwater Program Review Coastal counties HQW 4a. Which of the following state-implemented stormwater management programs apply ORW (check all that apply): Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been Yes No attached? 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 10 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the Yes No use of public (federal/state) land? 1b. 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)? 1c. 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: 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. The project will not result in additional future development. 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. N/A 11 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 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? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on October 21, 2014 to determine the presence of any federally-listed, candidate endangered, threatened species or critical habitat located within the project area. As of the date of submittal no response has been received from the NCNHP. CWS also reviewed the NCNHP elemental occurrence GIS layer. here are no current elemental occurrences within a mile of the project site. 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 Fisheries: http://sharpfin.nmfs.noaa.gov/website/EFH_Mapper/map.aspx 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? A letter was forwarded to the State Historic Preservation Office (SHPO) on October 21, 2014 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. As of the date of submittal no response has been received from the SHPO. CWS also consulted the SHPO online GIS service and found no sites of architectural, historical, or archaeological significance within the project limits. 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: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM No. 3710551100L and 3710551000L Mr. Gregg Antemann, PWS 1-29-2015 _______________________________ Date Applicant/Agent's Signature Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) 12 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version Detailed Buffer Impacts, Courtyards at Emerald Lake* Permanent Total Temporary Exempt BufferReason Buffer Perpendicular (P) or Stream Zone 1 Permanent Zone 1 Impact Zone 1 Zone 1 Exemption ImpactforMitigation or Parallel Temporary Name Impact(sq. ft.) ImpactImpactReason Number ImpactRequired? (T) (sq. ft.) (sq. ft.) (sq. ft.) 4,737 (maintained 4,658 easement inside of the (temporary B1 Parallel P NEULI 1 UTEB 2 Yes 3 9,395 - N/A inner 50 ft nearest the easement stream) 4 access)4 23,140 Existing 12 B2 Parallel P NEULIUTEBNo 23,140 - - (Sewer 5 corridor installation) 44,755 (maintained 30,485 easement outside of the (temporary B3 Parallel P NEULI 1 UTEB 2 No 75,240 - N/A inner 50 ft nearest the easement 44 stream)access) 26 B4 Parallel P TrailUTEBNo 2,205 2,205 (trail construction) - - N/A 2,452 (Bore-and-Jack 12 B5 Perpendicular P NEULIUTEBNo 5,564 3,112 - N/A crossing) 7 Total Buffer Impacts:115,54452,14935,14323,140- 1 NEULI = Non-Electric Utility Line Easement Installation UTEB = Unknown Tributary to Goose Creek 2 3 15A NCAC 02B .0295= Buffer mitigation required for the permanent impacts with 3 :1 ratio 4 15A NCAC 02B .0607= Non-electric utility lines with impacts other than perpendicular crossings: Potentially allowable without mitigation if activity is outside of the inner 50 feet nearest the stream 5 15A NCAC 02B .0607= Installing a non-electric within a pre-established maintained corridor is exempt (Buffer Interpretation clarification #2011-001) 6 15A NCAC 02B .0607= Greenway/hiking trails: Potentially allowable without mitigation 7 15A NCAC 02B .0607= Non-electric perpendicular utility line crossings that are collections systems as defined in Rule 15A NCAC 02T .0300: Potentially allowable without mitigation if using any of the following installation methods to minimize the sediment, nutrient and other pollution through the riparian buffer: underground directional boring methods, bore-and-jack techniques or another appropriate microtunnelling method. * Impacts depicted in Figure 1 Comments: Total buffer impacts requiring mitigation: 4,737 sq. ft. ($ 14,922) Total sewer length: 5,380 lf B3: Sewer line within 100 ft buffer - Length: 2,400 lf - Permanet impacts: 1.01 ac. (44,755 sq ft) - Temporay impacts: 0.670 ac. (30,485 sq ft) B5: Bore-and-Jack crossing - Length: 100 lf - Permanent impacts: 0.056 ac. (2,452 sq ft) - Temporary impacts: 0.0714 ac. (3,112 sq ft) Sewer center line B4: Proposed trail within 100 ft buffer - Length: 315 lf - Acreage: 0.051 ac. (2,205 sq ft) B2: Sewer within an existing corridor - Length: 316 lf 50 ft buffer - Acreace: 0.531 ac. (23,140 sq ft) N No new impacts 100 ft buffer Wetland Impact within Riparian Buffer included in PCN (15A NCAC 02B .0295, Buffer Interpretation/Clarification #2010-001) Permanent Riparian Buffer Impacts: Total: 52,149 sq ft Requiring mitigation:4,737 sq ft B1:Sewer within 50 ft buffer - Length: 316 lf Mitigation ratio: 3:1 - Permanent impacts: 0.109 ac. (4,737 sq ft) Mitigation cost: $ 1.05 per sq ft - Temporary impacts: 0.107 ac. (4,658 sq ft) Total mitigation cost: $ 14,922 Requires mitigation FIGURE NO. 6003000600Feet 1 NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED BY CWS, INC. ON JUNE 24, 2014. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. REFERENCE: BACKGROUND GIS LAYERS PROVIDED BY EMH&T, DATED JANUARY 2015. W1-3: Wetland GG Impact - 0.012 acre (riprap apron, permanent) - 0.011 acre (clearing, permanent) - 0.011 acre (temporary easement access) Sewer center line 50 ft buffer N 100 ft buffer W5-6: Wetland II Impact - 0.019 (temporary easement acces) - 0.019 (clearing, permanent) S1: Stream D Impact - 40 lf (sewer crossing, temporary) W4: Wetland BB Impact - 0.01 acre (fill, permanent) S2: Stream B Impact - 45 lf (piping: 35 '' storm, permanent) FIGURE NO. 6003000600Feet 2 NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED BY CWS, INC. ON JUNE 24, 2014. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. REFERENCE: BACKGROUND GIS LAYERS PROVIDED BY EMH&T, DATED JANUARY 2015. A North Carolina Department of Environment and Natural Resources Rick Heareth EPCON Communities 8600 Sam Fort Road Huntersville, NC 28276 &0** CMAV"Mim 3t FWM"i"h I Aims �CosysTem 77Aancement Program 77onakT77, van der Vaart Secretary January 27, 2015 Expiration of Acceptance: TLly 27, 2015 M.7 ti ........... 7=7#......:...3 ' t .... 1K, P "k . . . ........... L�� ............ i -l" ....... P511EIRVORM , 7771F 71F air J71PI" lr'-""' =77[711 7&77*777'1 xr 7771-7777. 7777 M i E.7 7 N 7 R 7 7, —7;� 11r77 —T, 5 Rai Wetlands (acres) BMII� iEnsa MF9000FW ------I I I I j1 C'422 1 ----- - -- ------ 1 --------- Upon receipt of payment, PEP will take responsibility for providing the compensatory mitigation, The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee kistrurnent dated July 28, 2010. Thank you for your interest in the NCEEP. 0 mom M (919) 707-8915 cc: William Elliott, USACE-Ashevige ntemaim, agent GreggZ� 7777=