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HomeMy WebLinkAbout20201289 Ver 2_ePCN Application_20230927DWR 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: 9/24/2020 BIMS # Assigned 20201289 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: Rice Road 1a. Who is the Primary Contact?* Dhanesh Kumar 1b. Primary Contact Email: * jrobertson@atlasenvi.com Date Submitted 9/27/2023 Nearest Body of Water Irvins Creek Basin Catawba Water Classification Class C Site Coordinates Latitude: Longitude: 35.141973 -80.707553 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 Is this project a public transportation project?* Yes No Version#* 2 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Andrew Pitner:andrew.pitner 1c. Primary Contact Phone:* (631)662-9068 $570.00 $767.00 0 Ia. 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.* 6/9/2022 1b. What type(s) 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: 29 - Residential Developments 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 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 1g. 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. Name(s) on recorded deed: Kinger Homes, LLC 2b. Deed book and page no.: 33437/756 2c. Contact Person: Dhanesh Kumar 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 2401 Rice Road Address Line 2 City Matthews Postal / Zip Code 28105 2e. Telephone Number: (631)662-9068 2g. Email Address:* dhanesh@kingerhomes.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Robertson 4b. Business Name: Atlas Environmental Inc. 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 appropriate) Rice Road Subdivision 1c. Nearest municipality / town: Matthews 2. Project Identification 2a. Property Identification Number: 19353205 2c. Project Address Street Address 2401 Rice Road Address Line 2 city Matthews Postal / Zip Code 28105 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Irvins Creek 3b. Water Resources Classification of nearest receiving water: Class C 3c. What river basin(s) is your project located in? Catawba State / Province / Region North Carolina Country United States 2f. Fax Number: State / Province / Region North Carolina Country United States 4e. Fax Number: 2b. Property size: 13.59 State / Province / Region North Carolina Country United States 3d. Please provide the 12-digit HUC in which the project is located. 030501030104 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 site is forested and a previous house was located near Rice Road. No construction has occurred at the property. 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). SAW-2019-1502; DWR: 2020-1289 Ver 1 and Ver 2 4f. List the total estimated acreage of all existing wetlands on the property: 0.038 4g. List the total estimated linear feet of all existing streams on the property: 945 4h. Explain the purpose of the proposed project: * The project's purpose is to construct a thirty-one lot subdivision in Matthews, NC. The project will provide much needed housing for residents of Matthews. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The site plan has been modified once to meet the requirements proposed by the Town of Matthews. This new revision of the site plan is due to changes to construction techniques for the headwall design plan. The headwalls are needed to decrease additional impacts to the stream. The site plan will still consist of the embedded rip rap apron at the inlets of the culverts. The road crossing location was chosen due to the presence of an underground reach of stream that the Corps concurred was not a potential Waters of the US. 111 linear feet will be impacted for culvert installation. This revision will continue to not impact wetlands onsite. Large machinery will be required to complete the site design. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O 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-2019-1502 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Atlas Environmental Inc. Agency/Consultant Company: Atlas Staff Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR October 8, 2020 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? No D. Proposed Impacts Inventory O 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 Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * 2g. Impact area �=]�Ip Rap Fill P Seep WL 1200 Yes Both 0.009 acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.009 2g. Total Wetland Impact 0.009 2i. Comments: 3. Stream Impacts 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* liength* 31 Pump Around Temporary Dewatering CH 100 Intermittent Both 10 Average (feet) (linear feet) gy Embedded Rip Rap Temporary Rip Rap Fill CH 100 Intermittent Both 3 30 Average (feet) (linear feet) S3 Culvert Permanent Culvert CH 100 Intermittent Both 3 80 Averege (feet) (linear feet) S4 Culvert Permanent Culvert CH 100 Intermittent Both 3 31 Average (feet) (linear feet) S5 Embedded Rip Rap Temporary Rip Rap Fill CH 100 Intermittent Both 3 30 Averege (feet) (linear feet) S6 Pump Around Temporary Dewatering CH 100 Intermittent Both 10 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 111 3i. Total stream and ditch impacts: 191 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 80 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The road crossing location was chosen due to the presence of an underground reach of stream that the Corps concurred was not a potential Waters of the US. Retaining walls are being constructed to additionally minimize impacts to streams. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts have been significantly reduced through the design and engineering of the site plan. 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: impacts are under mitigation thresholds F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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: Stream buffers within the Catawba River Basin are along the main stem and lakes. 2. Stormwater Management Plan 0 V 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. Matthews / Mecklenburg County 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. This is not a Phased project 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. connection to sanity sewer 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 and NHP 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 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 Map 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 National Flood Hazard Layer 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 Rice Road a-PCN Attachments.pdf 20.44MB File must be PDF or KMZ Comments This is second revision to SAW-2019-1502 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: Allyson Sinclair Signature Date 9/27/2023 O