HomeMy WebLinkAbout20220652 Ver 3_ePCN Application_20230616DW 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:
4/29/2022
BIMS # Assigned
20220652
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:
Cramer Estates
1a. Who is the Primary Contact?*
BBC Cramer Estates
1b. Primary Contact Email: *
jrobertson@atlasenvi.com
Date Submitted
6/16/2023
Nearest Body of Water
Catawba Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.218737'
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Gaston
Is this a NCDMS Project
Yes No
Longitude:
-81.116231 °
Version#*
3
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:andrew.pitner@ncdenr.gov
1c. Primary Contact Phone:*
(704)512-1206
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.
4/28/2022
1b. What types) 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):
29 - Residential Developments
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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
fig. 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:
BBC Cramer Estates
2b. Deed book and page no.:
5325/1314
2c. Contact Person:
Steve Bailey
2d.Address
Street Address
7224 Jameson Way
Address Line 2
City
State / Province / Region
Stanley
NC
Postal/Zip Code
Country
28164
USA
2e. Telephone Number:
(704)607-5059
2g. Email Address:"
steve@pcdllc.net
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Robertson
4b. Business Name:
Atlas Environmental
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@atlasenvi.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropdate)
1c. Nearest municipality / town:
Gastonia
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number
2a. Property Identification Number:
2b. Property size:
149235, 149236, and 225609
48.94
2c. Project Address
Street Address
529 Stroupe Road
Address Line 2
City
State / Province / Region
Gastonia
NC
Postal / Zip Code
Country
28056
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Catawba Creek
3b. Water Resources Classification of nearest receiving water:"
C
3c. What river basin(s) is your project located in?"
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011502
4. Project Description and History
O
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:*
During the field assessment no residences or structures were observed to currently exist within the review area.
The surrounding area consists predominantly of residential homes and forested areas. The land use of the review
area is currently vacant and undeveloped consisting mostly of forested and recently logged areas. There are power
line and sewer rights -of -way within the review area. The ground surface is generally sloping East and West away
from Stroupe Road. The topographic relief of review area was approximately 100 feet with an approximate
maximum elevation of 720 feet and minimum elevation of 620 feet. The surrounding area consists predominantly of
detached single family residential homes and forested land. Approximately 40-45 percent of the review area has
been logged within the past 1-2 years. Soil compositions consist primarily of Cecil sandy clay loam with minor
components of Appling sandy loam, Pacolet sandy loam, and Chewacla loam.
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).
Corps: SAW-2022-00421
4f. List the total estimated acreage of all existing wetlands on the property:
0.057
4g. List the total estimated linear feet of all existing streams on the property:
4421
4h. Explain the purpose of the proposed project: *
The project is for the construction of a residential subdivision consisting of 74 residential units. Phase 1 includes the
construction of 29 detached residential homes and Phase 2 includes 45. This project will also include 3 common
open spaces and 2 tree preservation areas for Phase 1 and 1 common open space for Phase 2. It will also require
the construction of residential streets and cul-de-sacs.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Unavoidable impacts for what is now known as Phase 1 include Impact St. Impact S1 (144 linear feet or 0.021
acre) is a permanent impact involving impacts to perennial channel CH 300 for a culvert crossing. Unavoidable
impacts for what is now known as Phase 2 include Impact S2. Impact S2 (122 linear feet or 0.005 acre) is a
permanent impact involving impacts to intermittent channel CH 200 for culvert improvements and extension.
Equipment will include standard commercial -grade industrial equipment.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No Unknown
Comments:
Atlas staff was on site on 2/03 and 2/09
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-2022-00421
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Atlas Environmental Staff
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
3/17/2022; 6/8/2022; 10/06/2022
6. Future Project Plans
6a. Is this a phased project?*
Yes U No
6b. If yes, explain.
Yes, both Phase 1 and Phase 2 will be permitted together.
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?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
g1
3a. Reason for impact (')
culvert crossing
3b.lmpact type"
Permanent
3c. Type of impact"
Culvert :E00
3d. S. name"
3e. Stream Type"
(?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
Aveage (feet)
3h. Impact
liength*
144
(linear feet)
S2
culvert improvements �771ff�]
extension
Culvert
CH 200
Intermittent
Both
Average (feet)
122
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
266
3i. Total stream and ditch impacts:
266
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Additional impacts are being avoided by site design. Over 94 % of streams within the review will not be impacted and no wetland impacts are proposed
for this project. While a FEMA floodplain does exist within Phase 2 of the review area, no impacts or development is proposed within the floodplain.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The culvert crossing for Impact S1 will include wingwalls at the culvert inlet and outlet to
avoid and minimize impacts. Rip -rap will be embedded into the channel bed at the culvert
inlet and outlet for long term stability to prevent erosive conditions.
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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Wildlands Holdings VI LLC
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 471
3c. Comments
Perennial stream at 2:1 and intermittent stream at 1.5:1
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
0
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 NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The Catawba River Basin within the Lower Catawba HUC 8 Watershed does not have NC Riparian Buffer Protection
Rules.
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
Comments:
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.
No additional phases are proposed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
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?
IPAC, NC NHP, field observations
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, field observations
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, field observations
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?
NFHL FEMA Google Earth Flood Layer .kml
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Cramer Estates NWP 29 Revision Compressed.pdf 10.06MB
File must be PDF or KMZ
Comments
We are requesting a revision to the previous nationwide permit 29. Due to the limitations of the existing culvert, a
new site plan and additional stream impacts for this project are necessary for development to continue.
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:
Layla Tallent
Signature
Date
6/16/2023
U