HomeMy WebLinkAbout20231490 Ver 1_ePCN Application_20231101i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
7/14/2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20231490
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Mooresville Regional Office - (704) 663-1699
Andrew Pitner:andrew.pitner
Information for Initial Review
la. Name of project:
Parker Townhomes
1a. Who is the Primary Contact?*
Dan McCauley
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
dmccauley@harthickman.com (704)998-1864
Date Submitted
11/1/2023
Nearest Body of Water
Irwin Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.218946-80.880252
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
a
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 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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
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:
STSB Holdings LLC
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
1830 REMOUNT ROAD / 1405 BETHEL ROAD / 2633 SIMS DRIVE / 1821 SIMS DRIVE / 2620 SIMS DRIVE / 1367 BETHEL ROAD
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28208
United States
2e. Telephone Number:
(941)812-8538
2g. Email Address:*
morgan.rushnell@beauxwright.com
2a. Name(s) on recorded deed:
PHILBRICK LEROY LEWIS
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
1407 PARKER DRIVE
Address Line 2
City
Charlotte
Postal / Zip Code
28208
2e. Telephone Number:
(941)812-8538
2g. Email Address:*
morgan. rushnell@beauxwright.com
2a. Name(s) on recorded deed:
SRIKANTH MANNAVA
2b. Deed book and page no
2c. Contact Person:
2d. Address
Street Address
1403 PARKER DR
Address Line 2
city
Charlotte
Postal / Zip Code
28208
2e. Telephone Number:
(941)812-8538
2g. Email Address:*
morgan. rushnell@beauxwright.com
2a. Name(s) on recorded deed:
KENN D HUSTON
2b. Deed book and page no.:
2c. Contact Person:
2f. Fax Number:
State / Province / Region
NC
Country
United States
2f. Fax Number:
State / Province / Region
NC
Country
United States
2f. Fax Number:
2d. Address
Street Address
1400 BETHEL ROAD
Address Line 2
City
Charlotte
Postal / Zip Code
28208
2e. Telephone Number:
(941)812-8538
2g. Email Address:*
morgan.rushnell@beauxwright.com
4. Agent/Consultant (if applicable)
4a. Name:
Dan McCauley
4b. Business Name:
4c. Address
Street Address
3921 Sunset Ridge Road, Ste 301
Address Line 2
city
Raleigh
Postal / Zip Code
27604
4d. Telephone Number:
(704)998-1864
4f. Email Address:*
dmccauley@harthickman.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
N/A
1c. Nearest municipality / town:
Charlotte
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Irwin Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basins) is your project located it *
Catawba
State / Province / Region
NC
Country
United States
2f. Fax Number
State / Province / Region
NC
Country
United States
4e. Fax Number
2b. Property size:
State / Province / Region
Country
3d. Please provide the 12-digit HUC in which the project is located.
030501030101
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 consists of 17 parcels of land located west of Bethel Road in Charlotte, Mecklenburg County, North Carolina. The Site currently exists as residential and undeveloped land. The
surrounding area consists of residential and undeveloped property.
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:
0.0036
4g. List the total estimated linear feet of all existing streams on the property:
937
4h. Explain the purpose of the proposed project: *
The project proposes to develop a multifamily residential development to serve Mecklenburg County and surrounding areas.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The planned development area will be graded with heavy equipment to prepare a level building pad. Stormwater BMPs are included.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
A PJD request is attached to the 404 permit application
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Julia McGuire
Agency/Consultant Company: Hart & Hickman
Other:
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
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
6
F]
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
Jurisdiction *
3g. S. width
3h. Impact
length
S1
Road Crossing 7fttA
Culvert
SCA
Perennial
Corps
Average (seep
�
179
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
179 0
3i. Total stream and ditch impacts:
179
3j. Comments:
The permanent stream impact involves a single road crossing over Stream Channel "A" required to access to the southern portion of the Site
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
See attached
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
See attached
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
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
359
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested
4h. Comments
The applicant proposes 2:1 mitigation ratio for 179.3 linear feet of permanent stream impact
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
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:
The site is in an area that does not contain state regulated 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 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.
CMSWS
Comments:
This project includes 3 separate, above ground, dry detention ponds with sand filters to treat all impervious runoff on the site. The BMP's will meet NCDEQ and City of Charlotte
Stormwater and Post Construction Ordinances by attenuating the 1 year/24 hour and 10 yr, 25 yr and 50 yr 6 hour storms events while providing minimum of 85 % TSS from all treated
waters.
G. Supplementary Information
a
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.
The proposed site plan will develop the majority of the parcels and additional development is not anticipated. Additional phases and/or impacts to Waters
of the U.S. are not planned or 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 will be piped to an off -site city of Charlotte wastewater treatment plant.
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?
DEQ Natural Heritage Program and Fish & Wildlife Service (FWS) on-line databases and on -Site reconnaissance (See information attached).
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?
http://www.habitat.noaa.gov/protectiori/efh/efhmapper/
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?
The National Registry of Historic Places and NC State Historic Preservation Office databases and on -site reconnaissance (See information attached).
8. Flood Zone Designation (Corps Requirement)
Be. 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?
Reviewed FEMA Flood Insurance Rate Map ID 3710453400J and 3710453300J
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
Parker Townhomes Residential Development (NWP#29) PCN Application(r).pdf 8.61 MB
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;
• 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:
Dan McCauley
Signature
afar �%/Yi{Jaul�rf
Date
11 /1 /2023
8