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