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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Secretary
January 27, 2015
Expiration of Acceptance: TLly 27, 2015
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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
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