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HomeMy WebLinkAbout20231297 Ver 1_ePCN Application_20230915DWR Division 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: 6/16/2023 BIMS # Assigned * Version# * 20231297 1 Is a payment required for this project?* No payment required What amout is owed?* Fee received $240.00 Fee needed - send electronic notification $570.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Andrew Pitner:andrew.pitner Information for Initial Review la. Name of project: The Exchange Apartments 1a. Who is the Primary Contact?* Aliisa Harjuniemi 1b. Primary Contact Email: * 1c. Primary Contact Phone: * aliisa@cws-inc.net (980)259-1222 Date Submitted 9/15/2023 Nearest Body of Water Stewarts Creek Basin Yadkin-PeeDee Water Classification wS-III Site Coordinates Latitude: Longitude: 35.030544° -80,5968950 A. Processing Information O Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Union Is this a NCDMS Project Yes No 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 39 - Commercial/Institutional 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: South East Land Investments, LLC 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: Venkat Suryadevara 2d. Address Street Address 9935-D Rea Rd.#136 Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28277 USA Yes No Yes No 2e. Telephone Number: (704)659-3730 2g. Email Address:* venkat@sonarealty.com 4. Agent/Consultant (if applicable) 4a. Name: Aliisa Harjuniemi 4b. Business Name: Carolina Wetland Services, Inc. 4c.Address Street Address 550 Westinghouse Blvd Address Line 2 City Charlotte Postal / Zip Code 28273 4d. Telephone Number: (980)259-1222 4f. Email Address: aliisa@cws-inc.net C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Monroe 2. Project Identification 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2a. Property Identification Number: 09339159, 09339160, 09339033B, 09339077, 2b. Property size: and 09339033 35.5 2c. Project Address Street Address HWY 74 Address Line 2 City State / Province / Region Monroe NC Postal / Zip Code Country 28110 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Stewarts Creek 3b. Water Resources Classification of nearest receiving water: WS-III 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. 030401050503 4. Project Description and History a 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 Exchange Apartments site is approximately 35.5 acres in extent and is located west-southwest of the Wilson Avenue and West Roosevelt Blvd intersection in Union County, North Carolina (Figure 1, attached). The project area consists of undeveloped forested areas, open herbaceous areas, agricultural field, a powerline and sewerline right of ways. On site elevations range from 620-650 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, mixed forest, herbaceous areas, agricultural field, emergent wetlands, and woody wetlands. The surrounding land -use consist of agricultural land, commercial development, and single family residences. According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Union County (Figure 4) and the NRCS Published Soil Survey for Union County (Figure 5), on site soils consist of four different soil types. None of the on -site soils listed on the Web Soil Survey are listed as being hydric or containing hydric inclusions. A review of the NWI GIS layer depicts a potential riverine system through the west -central portion of the project limits (Figure 6). The site is located within the Area of Minimal Flood Hazard Zone (Figure 7). The jurisdictional waters of the U.S. are depicted on Figure 8 and consist of four wetlands (Wetlands AA-DD), one perennial stream (Stream A), and one freshwater pond (Pond A). 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: 0.31 acre of wetlands, 0.08 acre of open water 4g. List the total estimated linear feet of all existing streams on the property: 1,072If perennial 4h. Explain the purpose of the proposed project: The purpose of the project is to develop property for a mixed used development to provide housing and commercial real estate in the rapidly developing Monroe area 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Under Nationwide Permit No. 39, the project proposes impacts to one stream channel and one wetland. The proposed layout and impacts are depicted in Attachment D Road Crossing (S1-S3)The project proposes crossing the Stream A utilizing a culvert. The culvert will result in 87 If permanent loss of waters (S1). Rip rap apron will be installed dowgradient to prevent erosion (S2: 20 If). In order to complete the construction in dry, the dewatering system will result in 20 If temporary impacts (S3). This crossing is required by NCDOT to connect the proposed entrances on both the commercial and the residential properties. Since the Stream A runs across the property, impacts to this stream cannot be avoided. Parking Lot (W1)The project proposes impacting 0.17 acre of Wetland AA (W1). Due to various site constraints, including topography, an impact to the wetland area is necessary. During Phase 1 of the project, a driveway connection is proposed between Hwy 74 and Charlotte Hwy per traffic impact analysis (TIA) to satisfy Monroe and NCDOT requirements for connectivity and safety reasons. This driveway alignment intersects an existing wetland (AA). The driveway alignment cannot be redirected as it would push the future development (Phase 2) towards the existing stream buffer and sewer easement. During Phase 2, the remainder of Wetland AA will be disturbed since it is located in the proposed parking lot. Due to the location of the wetland (in the middle of the Phase 2 parcels), it wouldn't be practical to avoid impacting this wetland. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes Comments: No 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-2021-01015 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: CWS Other: C7 Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Preliminary Jurisdictional Determination (SAW-2021-01015), dated July 28, 2023 is included in Attachment C. 6. Future Project Plans 6a. Is this a phased project?* Yes d No 6b. If yes, explain. The project consist of two phases during construction. All impacts are included to this permit application. 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 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * (?) 2g• Impact area * W1 Parking Lot P Headwater Forest Wetland AA Yes Corps 0.170 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.170 2i. Comments: Proposed loss of wetlands total 0.17 acre. 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.170 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* g1 Road Crossing Permanent Culvert Stream A Perennial Corps 87 Aveage (feet) (linear feet) g2 Rip Rap Permanent Rip Rap Fill Stream A Perennial Corps 20 Average (feet) (linear feet) S3 Dewatering Temporary Dewatering Stream A Perennial Corps 20 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 107 3i. Total stream and ditch impacts: 127 3j. Comments: Permanent loss of waters total 87 If. E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 20 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: To avoid and minimize impacts to jurisdictional waters of the U.S., property was delineated prior to finalizing the site plan and the proposed site plan was designed around the delineation results. The proposed loss of waters is limited to 87 If. The proposed culvert will be buried one feet below the existing grade. Head walls were utilized to minimize the proposed impact (Attachment D). 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be installed around the jurisdictional features, outside of the avoided wetlands and streams. Construction activities and impacts to on -site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit No. 39 and Water Quality Certificate No. 4263. All work will be constructed in the dry and all temporary fill will be removed following the work. 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): D W R 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 O 4b. Stream mitigation requested: (linear feet) 4c. If using stream mitigation, what is the stream temperature: 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments NC WAM Form (Score: Medium) and ILF Appraval letter are included in Attachment G. 4e. Riparian wetland mitigation requested: (acres) 0.17 4g. Coastal (tidal) wetland mitigation requested: (acres) 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 project is not adjacent to INC Riparial 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 programs) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Local Water Supply Protection Program and City of Monroe Comments: 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 26 .021l 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. The project will not result in additional cumulative impacts in foreseeable future. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes No N/A O 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. Sewerlines will tie to existing lines on site. 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 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? Attachment E - Protected Species Assessment 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? https://www.fisheries. noaa.gov/resou rce/map/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? Attachment F - SHPO Letter 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? FEMA Panels 3710542700J and 3710542600J 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 401 Pre-file_6.16.23.pdf 65.23KB Exchange Apartments_ Cover Page and Attachments.pdf 14.19MB 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; O • 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: Aliisa Harjuniemi Signature Date 9/15/2023