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HomeMy WebLinkAbout20210183 Ver 2_ePCN Application_20230516DW R DHlsloo of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review 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: 1 /27/2021 BIMS # Assigned 20210183 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 1a. Name of project: Laurelbrook 1a. Who is the Primary Contact?* Steven Bailey 1b. Primary Contact Email: * steve@pcdllc.net Date Submitted 5/16/2023 Nearest Body of Water Terrapin Creek Basin Catawba Water Classification WS-IV;CA Site Coordinates Latitude: 35.64720 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Catawba Is this a NCDMS Project Yes No Longitude: -80.99297 Version#* 2 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:andrew.pitner@ncdenr.gov 1c. Primary Contact Phone:* (704)607-5059 Is this project a public transportation project?* Yes No 1a.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 Please provide the date of the previous submission. 5/12/2022 1b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 14 - Linear transportation 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 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1h. 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 1d. 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: Eades Jerome A and Eades Karen Sipe 2b. Deed book and page no.: 3622/0432 2c. Contact Person: Eades Jerome A and Eades Karen Sipe 401 Water Quality Certification - Express Riparian Buffer Authorization * Yes No Yes No 2d. Address Street Address 7959 Long Island Rd. Address Line 2 Suite 100 city Catawba Postal / Zip Code 28609-8927 2e. Telephone Number: (704)607-5059 2g. Email Address:* steve@pcdllc.net 2a. Name(s) on recorded deed: BBC Chestnut LLC 2b. Deed book and page no.: 3706/0424 2c. Contact Person: Steve Bailey 2d. Address Street Address 7224 Jameson Way Address Line 2 city Stanley Postal / Zip Code 28164 2e. Telephone Number: (704)607-5059 2g. Email Address:* steve@pcdllc.net 2a. Name(s) on recorded deed: BBC LAURELBROOK LLC 2b. Deed book and page no.: 3706/0419 2c. Contact Person: Steve Bailey 2d. Address Street Address 7224 Jameson Way Address Line 2 City Stanley Postal / Zip Code 28164-8835 2e. Telephone Number: (704)607-5059 2g. Email Address:* steve@pcdllc.net 2a. Name(s) on recorded deed: Stanley Martin Homes LLC 2b. Deed book and page no.: 3770/0326 2c. Contact Person: State / Province / Region NC Country United States 2f. Fax Number: State / Province / Region NC Country U.S.A 2f. Fax Number: State / Province / Region NC Country U.S.A 2f. Fax Number: 2d. Address Street Address 11710 Plaza America Dr. STE 1100 Address Line 2 City Reston Postal / Zip Code 20190-4771 2e. Telephone Number: (704)607-5059 2g. Email Address: steve@pcdllc.net 2a. Name(s) on recorded deed: Garmon Joseph S and Garmon Kathy T 2b. Deed book and page no.: 3375/0963 2c. Contact Person: 2d.Address Street Address PO BOX 669003 Address Line 2 City Charlotte Postal / Zip Code 28266-9003 2e. Telephone Number: (704)607-5059 2g. Email Address: steve@pcdllc.net 3. Applicant Information (if different from owner) 3a. Name: Steven Bailey 3b. Business Name: Prestige Corporate Development 3c.Address Street Address 7224 Jameson Way Address Line 2 city Stanley Postal / Zip Code 28164 3d. Telephone Number: (704)607-5059 3f. Email Address:"` steve@pcdllc.net 4. Agent/Consultant (if applicable) 4a. Name: Jennifer L Robertson 4b. Business Name: Atlas Environmental, Inc. State / Province / Region VA Country U.S.A 2f. Fax Number: State / Province / Region NC Country U.S.A 2f. Fax Number: State / Province / Region NC Country U.S.A 3e. Fax Number: 4c. Address Street Address 338 S. Sharon Amity Road #411 Address Line 2 City Charlotte Postal / Zip Code 28211 4d. Telephone Number: (704)512-1206 4f. Email Address:* jrobertson@atiasenvi.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Laurelbrook 1c. Nearest municipality / town: Catawba 2. Project Identification State / Province / Region NC Country U.S.A 4e. Fax Number: 2a. Property Identification Number: 460904623827,460904641051, 460902569543,460901478416, 460904829830,460904944620,460902659715 ,460904940209,460902854927,46090474497 3,460902666723,460902575909,4609025576 2b. Property size: 07,460902970884 873 2c. Project Address Street Address 1778-1848 Wooten Street Address Line 2 city State / Province / Region Catawba NC Postal / Zip Code Country 28609 Catawba 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Terrapin Creek 3b. Water Resources Classification of nearest receiving water:' WS-IV;CA 3c. What river basin(s) is your project located in? * Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011105 4. Project Description and History 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 surrounding land use is generally dispersed residential, forested, and potential agriculture areas including cleared fields. The land use of the review area has most recently been a hunting club with recent logging in the Western half of the review area. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). Action ID: SAW-2020-00886, July 27, 2020 DWR #: 21-0183 4f. List the total estimated acreage of all existing wetlands on the property: 2.906 Acres 4g. List the total estimated linear feet of all existing streams on the property: 43,618 linear feet 4h. Explain the purpose of the proposed project: * The proposed project purpose is for the construction of a residential subdivision. A previous permit has been issued for impacts at the project review area however it was determined that additional impacts are necessary at three previously permitted road crossings. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Typical construction equipment will be used for the construction. Tree clearing and earth moving will occur for the preparation of the road surface and culvert. Additional equipment will include heavy equipment, dump trucks, track hoes, motor graders, bulldozers, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Comments: Atlas Staff 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-2020-00886 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Atlas Staff Agency/Consultant Company: Atlas Environmental Inc Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD signed on July 27, 2020 6. Future Project Plans 6a. Is this a phased project?* Yes U No 6b. If yes, explain. Due to the large area the project construction is phased. It has been determined that an individual permit will likely be required and will be submitted once final grading and site plans are developed. The current permit will allow road construction and site access for initial construction in high ground locations. 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? A previous NWP 14/58 was issued for the project. This request is for additional impacts at the three permanent road crossings for the NWP 14. It is likely that an individual permit will be submitted for the residential development once the site plan is finalized. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 3. Stream Impacts O ❑ 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact (?) Jurisdiction* length* St Road Crossing Permanent Culvert CH W Perennial Both Average (feet) (linear feet) S2 Road Crossing Permanent Culvert CH A Perennial Both 111 Aveage (feet) (linear feet) S3 Road Crossing Permanent Culvert CHI Perennial Both 11 23 �_] Aveage (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 141 31. Total temporary stream impacts: 0 3i. Total stream and ditch impacts: 141 3j. Comments: The listed impacts only include the additional necessary impacts at the three permanent NWP 14 road crossings for site access. It was determined by the engineer that additional impacts were necessary for construction, stability, and material accessibility. Side slopes were slightly lengthened at S1 and S3. The previous orientation at S2 was unstable due to the channel pattern entering the culvert at a sharp angle. This impact was revised to increase long term stability. E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The site has been designed and engineered to avoid and minimize impacts to the greatest extent possible. A change in engineers lead to an updated site plan for this project. It was determined by the engineer that revisions were necessary for long term stability at the three road crossings resulting in the necessary additional linear footage. These three road crossings are the only required permanent road crossings to access the entire 873 acre property for the proposed development. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Side slopes at the road crossings are 2:1 grades to prevent and minimize erosion. Wing walls are being used for slope stability and to shorten the side slopes. Rip rap is proposed along the banks for added stability. No rip -rap is proposed below the OHWM. 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) 141 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments Impacts at S1 include 7 additional linear feet, Impacts at S2 include 111 additional linear feet, Impacts at S3 include 23 additional linear feet. Total additional stream impacts include 141 LF. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No F. Stormwater Management and Diffuse Flow Plan (required by DWR) - 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the INC 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 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. Catawba Comments: The current permit request is for additional necessary impacts at the three previously permitted permanent road crossings. 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 submittal is for updating impacts that was previously approved. The project is phased but is a single and complete project. 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. The residential development will connect to municipal sewer. 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 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? NCDENR Natural Heritage Program Map Viewer, GIS Layer, and IPaC; see enclosed FWS comment letter. All populations of Hexastylis naniflora have been avoided and are not near the three road crossings. 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? NC HPO buffer tool, comment letter enclosed. 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 project engineers are coordinating with Catawba County regarding FEMA requirements for the road crossings, no other development will occur with the floodplain areas. 8c. What source(s) did you use to make the floodplain determination? FEMA NFHL .kml Miscellaneous u 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 Laurelbrook NWP 14 ePCN Attachments Compressed.pdf 5.57MB 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: Jacob Sinclair Signature Date 5/16/2023 L