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HomeMy WebLinkAbout20231100 Ver 1_ePCN Application_20230807DW 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: 7/6/2021 BIMS # Assigned 20231100 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: Mayes Meadow 1a. Who is the Primary Contact?* Heath Caldwell 1b. Primary Contact Email: * heath . ca I d w e I I@wetlands-epg.com Date Submitted 8/7/2023 Nearest Body of Water South Prong Rocky River Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.4566 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project Yes No Longitude: -80.8275 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:andrew.pitner@ncdenr.gov 1c. Primary Contact Phone:* (704)999-5279 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 1b. What type(s) of permits) 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 29 - Residential Developments 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 fig. 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. Nani on recorded deed: Mayes Family Limited; George Mayes Jr 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: George Mayes 2d. Address Street Address 12229 Mayes Road Address Line 2 City State / Province / Region Huntersville NC Postal / Zip Code Country 28078 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (704)236-7607 2g. Email Address:* george.mayes@me.com 3. Applicant Information (if different from owner) 3a. Name: Tim Coey 3b. Business Name: Bayard Development, LLC 3c.Address Street Address 1108 Industrial Drive Address Line 2 City State / Province / Region Matthews NC Postal / Zip Code Country 28105 USA 3d. Telephone Number: 3e. Fax Number: (704)618-2926 3f. Email Address: tim@bayarddevelopment.com 4. Agent/Consultant (if applicable) 4a. Name: Heath Caldwell 4b. Business Name: Wetlands & Environmental Planning Group, PLLC 4c.Address Street Address 10612-D Providence Road Address Line 2 PMB 550 city State / Province / Region Charlotte NC Postal / Zip Code Country 28277 USA 4d. Telephone Number: 4e. Fax Number: (704)999-5279 4f. Email Address: amber.li psky@wetlands-epg.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Huntersville 2. Project Identification 2a. Property Identification Number: 2b. Property size: 00755101,00755105 96.5 2c. Project Address Street Address Address Line 2 city State / Province / Region Postal / Zip Code Country 3. Surface Waters Q 3a. Name of the nearest body of water to proposed project:" South Prong Rocky River 3b. Water Resources Classification of nearest receiving water:" C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050102 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 Mayes Meadow site (+/- 96.5 acres) is located just north of Mayes Road and just east of Hwy 115 in Mecklenburg County, North Carolina. The topography is gently to moderately sloped. The elevation ranges from 700 to 800 ft. (Figure 1). This site consists of two homesites, a large hayfield, wooded slopes and streams. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 6.193 4g. List the total estimated linear feet of all existing streams on the property: 6240 4h. Explain the purpose of the proposed project: * The proposed development includes impacts to two streams and three wetlands for site access, fill, and grading. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 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-2021-00907 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR This site was verified by B. Roden -Reynolds (USACE) on 5/3/21. A copy of the signed JD approval is included in the Jurisdictional Determination Information section. 6. Future Project Plans 6a. Is this a phased project?* Yes No 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? 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 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type (?) 2c. Type of W. 2d. W. name 2e. Forested" rf.) Type of Jurisdicition * W1 Site grading P Headwater Forest Wetland C Yes Corps 0.015 (acres) W2 Site grading P Headwater Forest Wetland F Yes Corps 0.004 (acres) W3 Utility easement P Headwater Forest Wetland J Yes Corps 0.140 (acres) W4 Greenway easement P Headwater Forest Wetland J Yes Corps 0.005 (acres) WS BMP outfall (riprap) P Headwater Forest Wetland J Yes Corps 0.019 (acres) W6 Utility construction P Headwater Forest Wetland J Yes Corps 0.234 easement (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.417 2g. Total Permanent Wetland Impact 0.417 2i. Comments: W3 impacts are wetland conversion. Topsoil will be replaced and reestablished with native stabilization mix. 3. Stream Impacts g1 3a. Reason for impact (?) Site/Road grading 3b.lmpact type" Permanent 3c. Type of impact* Fill Jtream 3d. S. name* 3e. Stream Type* (?) Intermittent 3f. Type of Jurisdiction* Corps 3g. S. width Aveage (feet) 31h. Impact length* 147 (linear feet) S2 Site/Road grading Permanent Fill Stream C Intermittent Corps Average (feet) 60 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 207 3i. Total stream and ditch impacts: 207 3j. Comments: S1- 0.0114 AC S2- 0.0056 AC Total: 0.017 AC E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. The proposed road locations are fixed due to sight lines and distance between intersections requirements by DOT. Following these criteria and the zoning -required open space, the road alignment was revised to minimize impacts to site surface waters. Previously proposed alignments resulted in more impacts than currently proposed. Lot sizes were also altered to further minimize impacts. See cover letter for more detail. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize impacts. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Due to limited site impacts and efforts taken towards avoidance and minimization, no mitigation is proposed. Please also note Stream B scored as Low when evaluated using NCSAM. 0 u F. Stormwater Management and Diffuse Flow Plan (required by DWR) 8 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: 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. Town of Huntersville Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to Town of Huntersville but will be designed to meet their criteria. G. Supplementary Information 1. Environmental Documentation 1a. 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 proposed. 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. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 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 a 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? A threatened and endangered species assessment was conducted in which no species were identified. Please also see attached for the FWS concurrence response. 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?'� No essential fish habitat in this region. 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? SHPO's website: https://nc.maps.aregis.com/ Report from R.S. Webb & Associates 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?" www.fema.gov https://polaris3g.mecklenburgcountync.gov/ 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 Mayes Meadow PCN.pdf 19.96MB DWR Pre -Filing Meeting Request Form (32).pdf 49.3KB File must be PDF or KMZ Comments A complete PCN package is attached. Signature O 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: Heath Caldwell Signature y4410f &a ,W/ Date 8/7/2023