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