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HomeMy WebLinkAbout20231504 Ver 1_ePCN Application_20231103DWR 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: 9/29/2023 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 * 20231504 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: Coble Road Subdivision 1a. Who is the Primary Contact?* Aliisa Harjuniemi 1b. Primary Contact Email: * aliisa@cws-inc.net Date Submitted 11/3/2023 Nearest Body of Water Wiley Branch Basin Yadkin-PeeDee Water Classification Class C Site Coordinates Latitude: 35.226050 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Mecklenburg Longitude: -80.6002620 Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Andrew Pitner:andrew.pitner 1c. Primary Contact Phone: * (980)259-1222 $570.00 $767.00 O 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 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: Pinnacle Homes USA, LLC 2b. Deed book and page no.: 2c. Contact Person: POC: Andy Coulston 2d. Address Street Address 4389 Indian Trail Fairview Rd Address Line 2 City Indian Trail Postal / Zip Code 28079 2e. Telephone Number: (704)507-2177 2g. Email Address:* aecouiston@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Andy Coulston 3b. Business Name: Coulston Development 3c.Address Street Address 8332 Regent Parkway Address Line 2 city Fort Mill Postal / Zip Code 29715 3d. Telephone Number: (704)507-2177 3f. Email Address:* aecoulston@gmail.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 0. 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: Mint Hill 2. Project Identification State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region SC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: O 2a. Property Identification Number: 13913102 2b. Property size: 90 2c. Project Address Street Address Coble Road Address Line 2 city Mint Hill Postal / Zip Code 28227 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Wiley Branch 3b. Water Resources Classification of nearest receiving water:' Class 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. 030401050306 4. Project Description and History State / Province / Region NC Country USA 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 project area consists of undeveloped forested areas, herbaceous areas, and agricultural fields. On -site elevations range from 680-760 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, mixed forest, herbaceous areas, and agricultural fields. According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Mecklenburg County (Figure 4) and the NRCS Published Soil Survey for Mecklenburg County (Figure 5), on -site soils consist of five different soil types. Of the on -site soils listed on the Web Soil Survey, Monacan soil series is listed as containing hydric inclusions. A review of the NWI GIS layer depicts a potential riverine system in the central portion of the project limits (Figure 6). The Coble Road Subdivision site is located within the Area of Minimal Flood Hazard Zone (Figure 7). 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: 0.08 Acre 4g. List the total estimated linear feet of all existing streams on the property: 1,972 If intermittent stream 4h. Explain the purpose of the proposed project: The purpose of the project is to develop property for a residential development to provide housing in the rapidly developing Charlotte metropolitan area. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Under Nationwide Permit No. 29, the project proposes impacts to one stream channel. The proposed layout and impacts are depicted in Attachment C. The project proposes crossing the Stream A utilizing a culvert. The culvert will result in 143 If permanent loss of waters (S1). Rip rap aprons will be installed up- and downgradient to prevent erosion (S2: 53 If). Additionally, the project proposes 11 If of impacts due to rip rap to prevent erosion at the beginning of the stream channel (S3). 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: PJD submitted to USACE on Aug 1, 2023. 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-2023-01796 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): CWS Agency/Consultant Company: Other: 6. Future Project Plans Ga. Is this a phased project?* Yes No Q Unknown 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? The project is not a phased project. 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 3a. Reason for impact (?) 3b.lmpact type " 3c. Type of impact'" �3�name* ��3e. Stream Type * 3f. Type of 3g. S. width 3h. Impact ❑ (?) Jurisdiction* length* g1 Road Crossing Permanent Culvert Stream A Intermittent Corps 143 Averege (feet) (linear feet) S2 Stabilization Permanent Rip Rap Fill Stream A Intermittent Corps 53 Averege (feet) (linear feet) S3 Stabilization Permanent Rip Rap Fill Stream A Intermittent Corps 11 Averege (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 207 3i. Total stream and ditch impacts: 207 3j. Comments: Permanent loss of waters total 143 If. E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 0 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 143 If. The proposed culvert will be buried one feet below the existing grade. Head walls were utilized to minimize the proposed impact (Attachment C). The Coble Road Subdivision was designed based on the zoning requirements of the City of Mint Hill. Minimum lot size for the site is 40,000 sf. Site layout and roadway connectivity were initially established with previously approved plans for the subdivision. Based on the number of proposed lots and the requirements of the NC Fire Code and City of Mint Hill, the residential roadway network layout requires two points of access in the vicinity of the stream crossing. The proximity of the stream to the western boundary line limits the placement of these required internal roadway access points. The stream crossing was chosen to be at the upper end of the stream to reduce the need for culvert capacity and stream disturbance. 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 thejurisdictional 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. 29 and Water Quality Certificate No. 4256. All work will be constructed in the dry and all temporaryfill 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The proposed stream impacts are below 0.02 acre mitigation treshold. 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 O If no, explain why: The project is not adjacent to NC 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 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. Mint Hill Comments: Stormwater plan will be provided upon request. 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. 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 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 D - 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.fish eries. noaa. gov/resou rce/ma p/essenti al -fish -habitat -map per 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 E - 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 3710552400K and 3710552300K 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 Coble Road —Cover Letter and Attachments.pdf 9.13MB 401 WOC Pre-File9.29.23.pdf 61.73KB 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: Aliisa Harjuniemi Signature �4eL �ayaw'iMri Date 11 /3/2023 U