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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