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HomeMy WebLinkAbout20220709 Ver 2__20231114_Troutman Widewaters (SAW-2021-01566, DWR 22-0709)_PCN Modification_20231114Kimley»>Horn November 14, 2023 Krysta Stygar U.S. Army Corps of Engineers Wilmington District, Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Paul Wojoski NC DWR, 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 Re: Pre -Construction Notification Modification (NWP #29 and Individual 401 Water Quality Certification) Troutman Widewaters (SAW-2021-01566, DWR #22-0709) Troutman, Iredell County, NC Dear Ms. Stygar and Mr. Wojoski: On behalf of our client, The Widewaters Group, Inc., Kimley-Horn (KH) is submitting the enclosed Section 404/401 Pre - construction Notification modification for the above -referenced project for your review pursuant to Nationwide Permit #29 and Individual 401 Water Quality Certification (WQC). The proposed project seeks to construct nine (9) multi -family residential buildings with associated parking lots, sidewalks, utilities, stormwater drainage infrastructure, pedestrian path, and a clubhouse facility. The project also includes the installation of a culvert crossing at Stream 2. The center of the project area is located at 35.662424°,-80.847810°. The following information is included as part of this application submittal: • Revised Pre -Construction Notification Form • Revised Proposed Conditions (2022 Nearmap Aerial) Figure • Revised Permit Drawings PROJECT BACKGROUND Troutman Widewaters is a proposed 29.3-acre multi -family residential development in Troutman, Iredell County, NC. The project proposes the development of nine (9) multi -family residential buildings with associated parking lots, sidewalks, utilities, stormwater drainage infrastructure, pedestrian path, and a clubhouse facility. The original NWP #29 was submitted on April 25, 2022, and approved by the USACE on August 15, 2022, and by DWR on August 8, 2022. This modification is a result of reduced impacts at Impact Site 3 - Stream 3 from 362 linear feet (LF) to 325 LF. As a result of the reduction in stream impacts, the applicant requests a reduction in compensatory mitigation. The original NWP required the purchase of 692 stream mitigation credits. The modification requests a reduction of 55 stream mitigation credits (637) as a result of the reduced stream impacts. Please feel free to contact me at (803) 881-3919 if you have any questions or if additional information is necessary. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Chris Tinklenberg, PWS Environmental Scientist aE STA7F 4� u '�o ar vuw1m4m NORTH CARCLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. SAW-2021-01566 Date received: [Click to enter.] DWR project no. [Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.662424 Longitude (DD.DDDDDD): 80.847810 Form Version 4.3, April 20, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 PreFile(a)ncdenr.gov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) *: 5/23/2022 Page 1 of 22 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: * Iredell Additional (if needed). Is this an ARPA project? * ❑ Yes Z No If yes, ARPA project number: * The project number can be found on the "Letter of Intent to Fund" (LOIF) or "Offer and Acceptance Letter". If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at core y. basinger(@.ncdenr.gov for further assistance. Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- ❑ Yes Z No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes Z No or airport project) Is this a NCDOT project? * ❑ Yes Z No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. Z Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1 a. Type(s) of approval sought from the Corps: * ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * 0 Yes ❑ No Please provide the date of the previous submission. * Click to enter a date. 0 Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek * El Regional General Permit (RGP) authorization? ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? * Z Yes ❑ No NWP number(s) (list all numbers ): 29 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes 0 No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text. 1d. Type(s) of approval sought from DWR (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization 0 Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes 0 No Page 2 of 22 PCN Form Version 4.3- April 20, 2022 1e. 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/certification application? * ❑ Yes ® No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ® Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ® No 1i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑ Yes ❑ No ❑ Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 22 PCN Form Version 4.3- April 20, 2022 B. Applicant Information 1a. Who is the primary contact? * Chris Tinklenberg, PWS 1 b. Primary Contact Email: * Chris.tinklenberg@kimley-horn.com 1c. Primary Contact Phone: * (###)###-###1# (803)881-3919 1 d. Who is applying for the permit/certification? * (check all that apply) ❑ Owner ® Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Woodcliff Associates, LLC c/o Widewaters Group, Inc. 2b. Deed Book and Page No.: Click to enter. 2c. Contact Person (for corporations): Brian Long 2d. Address * Street Address: 5845 Widewaters Pkwy Address line 2: Suite 100 City: East Syracuse State/ Province/ Region: NY Postal/ Zip Code: 13057 Country: Click to enter. 2e. Telephone Number: * (###)###-#### (704)409-7009 2f. Fax Number: (###)###-###1# Click to enter. 2g. Email Address: * blong@widewaters.com 3. Applicant Information (if different from owner) 3a. Name: * Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: * (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. 3f. Email Address: Click to enter. Page 4 of 22 PCN Form Version 4.3- April 20, 2022 4. Agent/ Consultant (if applicable) 4a. Name: * Chris Tinklenber, PWS 4b. Business Name: Kimley-Horn and Associates 4c. Address: * Street Address: 580 Kingsley Park Dr Address line 2: Suite 125 City: Fort Mill State/ Province/ Region: SC Postal/ Zip Code: 29715 Country: Click to enter. 4d. Telephone Number: * (###)###-#### (803)881-3919 4e Fax Number: (###)###-#### Click to ente 4f. Email Address: * Chris.tinklenberg@kimley-horn.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace. army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 22 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information 1a. Name of project: * Troutman Widewaters 1 b. Subdivision name (if appropriate): Click to enter. 1 c. Nearest municipality/town: * Troutman 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 4750-11-3122.000 2b. Property size (in acres): 29.3 2c. Project Address: Street Address: 1217 Charlotte Highway Address line 2: Click to enter. City: Troutman State/ Province/ Region: NC Postal/ Zip Code: 28166 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.662424 Longitude (-DD.DDDDDD): *-80.847810 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Kerr Branch 3b. Water Resources Classification of nearest receiving C water: * The Surface Water Classification map may be found at this link: https://ncdenr.mal)s.arcgis.com/apes/webappviewer/index.html?id=6el 25ad7628f494694e259c80dd64265 Yadkin-PeeDee 3c. In what river basin(s) is your project located? Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030401020502 located: The Find Your HUC map may be found at this link: b. tps://ncdenr.maps.arcgis.com/apps/PublicInformation/index.htmI?appid=ad3a85aOc6d644aOb97cd069db238ac3 Page 6 of 22 PCN Form Version 4.3- April 20, 2022 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 located at 1217 Charlotte Highway (Highway 21) in Troutman, Iredell County, NC. The site is comprised of one parcel and consists of undeveloped forested land. Three (3) streams and two (2) wetlands are present on -site. The site is bound by residential development to the east, Iredell Charter Academy to the north, Charlotte Highway (Hwy 21) to the west, and undeveloped forest land and two (2) residences to the south. 4b. Have Corps permits or DWR certifications been obtained for this ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? * If yes, please give the DWR Certification number and/or Corps SAW-2021-01566 Action ID (ex. SAW-0000-00000): 22-0709 Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ❑ Yes ❑x No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Click to enter text. 4d. Attach an 8'/2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'/2 x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.27 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 3,325 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of this project is to construct multi -family residences and associated infrastructure necessary to service the residential development. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of the construction of nine (9) multi -family residential buildings with associated parking lots, sidewalks, utilities, stormwater drainage infrastructure, pedestrian path, and a clubhouse facility. The project also includes the installation of a culvert crossing at Stream 2. General construction equipment includes, but are not limited to, bulldozers, excavators, front-end loaders, etc. will be used for construction purposes. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 7 of 22 PCN Form Version 4.3- April 20, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Click to enter text. 5b. If the Corps made a jurisdictional determination, ❑x Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? * ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2021-01566 Name (if known): Chris Tinklenberg, PWS 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Kimley-Horn and Associates areas? Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. 9/28/2021 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes © No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Click to enter. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Click to enter. 8. Scheduling of activity: Click to enter. Page 8 of 22 PCN Form Version 4.3- April 20, 2022 D. Proposed Impacts Inventory Impacts Summary ❑x Wetlands ❑x Streams - tributaries la. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Type* 2d. Wetland Name* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Grading Permanent Headwater Forest W1 Yes Both 0.18 W2 Grading Permanent Headwater Forest W2 Yes Both 0.09 W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts 0.27 ac 2g3. Total wetland impacts 0.27 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to enter text. 2i. Comments: The proposed development seeks authorization under NWP 29 for wetland impacts associated with grading activities necessary to construct the residential buildings. The proposed project will result in 0.027-acre of permanent impacts to Wetland 1 and Wetland 2. Page 9 of 22 PCN Form Version 4.3- April 20, 2022 Page 10 of 22 PCN Form Version 4.3- April 20, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a Impact Reason* 3b. Impact Duration* 3c. Impact Type* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) S1 Impact 1 — S2 Permanent Crossing/ Culvert S2 Perennial Both 12 65 S2 Impact 2 — S2 Permanent Fill (Incl. Riprap) S2 Perennial Both 12 20 S3 Impact 3 — S3 Permanent Fill (Incl. Riprap) S3 Intermittent Both 2 325 S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: 410 linear ft M. Total temporary stream impacts: Click to enter. linear ft 34. Total stream and ditch impacts: 410 linear ft Page 11 of 22 PCN Form Version 4.3- April 20, 2022 3j. Comments: The proposed development seeks authorization under NWP 29 for stream impacts associated with grading activities necessary to construct the residential buildings and to install a culvert crossing at Stream 2. The proposed project will result in 85 LF/0.023- acre of permanent impacts to Stream 2 and 325 LF/0.015-acre of permanent impacts to Stream 3. The proposed project will result in a total of 410 LF/0.038-acre of permanent impacts to streams. • Stream 2 — Impact 1 and Impact 2 o Two (2) 65 LF 7-ft by 10-ft concrete box culverts (CBC) will be installed at the crossing of Stream 2. The CBCs will be buried 1-ft to promote the passage of aquatic organisms. 10-ft of rip -rap inlet and 10-ft of rip -rap outlet protection will be installed. • Stream 3 — Impact 2 o 325 LF/0.015-acre to Stream 3 results from grading necessary to construct the proposed residential development. Page 12 of 22 PCN Form Version 4.3- April 20, 2022 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 13 of 22 PCN Form Version 4.3- April 20, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? * (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 134 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 14 of 22 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: Avoidance and minimization efforts were implemented during development planning and design to the greatest extent practicable in order to reduce the overall impacts on the aquatic environment while staying within nationwide permit thresholds. The final plan demonstrates maximum avoidance and minimization efforts by reducing the proposed stream impacts. The rationale to support avoidance and minimization efforts include the following: • Avoidance of the remaining 2,915 LF of streams on -site. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: Stormwater facilities are sized and positioned to minimize impacts to the greatest extents practicable. Temporary erosion control measures, including but not limited to skimmer basins and silt fence, will be implemented to minimize sediment laden runoff from exiting the site. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * ❑x DWR ❑x Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? * (check all that apply) © In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: 410 linear feet 4c. If using stream mitigation, what is the stream temperature: warm NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres Page 15 of 22 PCN Form Version 4.3- April 20, 2022 4f. Non -riparian wetland mitigation requested: I Click to enter. acres I 4g. Coastal (tidal) wetland mitigation requested: I Click to enter. acres 4h. Comments: The original NWP #29 was submitted on April 25, 2022, and approved by the USACE on August 15, 2022, and by DWR on August 8, 2022. This modification is a result of reduced impacts at Impact Site 3 - Stream 3 from 362 linear feet (LF) to 325 LF. As a result of the reduction in stream impacts, the applicant requests a reduction in compensatory mitigation. The original NWP required the purchase of 692 stream mitigation credits. The modification requests a reduction of 55 stream mitigation credits (637) as a result of the reduced stream impacts. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. I 5b. Attach mitigation plan/documentation. I 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes Z No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or Yes El No Fp NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 16 of 22 PCN Form Version 4.3- April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https:Hdeg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * El Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * El Yes ❑x No To look up low density requirements, click here: http://reports.oah.state. nc.us/ncac/title°/o2015a°/`20-%20environmental%20guaIity/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003. pdf 2c. Does this project have a stormwater management plan (SMP) ❑x Yes ❑ No reviewed and approved under a state stormwater program or state - approved local government stormwater program? * ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? ❑x Local Government (Check all that apply.)* ❑ State If you have local government approval, please include the SMP on their overall impact map. ❑x Phase II ❑ USMP Local Government Stormwater Programs * ❑ NSW ❑ Water Supply Page 17 of 22 PCN Form Version 4.3- April 20, 2022 Please identify which local government stormwater program you are using. Town of Troutman State Stormwater Programs * ❑x Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: This project includes one on -site wet detention pond to treat runoff from impervious surfaces. Page 18 of 22 PCN Form Version 4.3- April 20, 2022 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? * 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental El Yes El No Policy Act (NEPA/SEPA)? * 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: Click to enter. 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? * 3b. If you answered "no", provide a short narrative description: This project will not result in additional development, which could impact nearby downstream water quality. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * 1 ® Yes ❑ No ❑ N/A 4b. If yes, 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 generated on -site will be conveyed via a private sanitary sewer main that discharges to an existing public sanitary mean owned by the Town of Mooresville. The wastewater will be treated by the Town of Mooresville's Rocky River Wastewater Treatment Plant. Page 19 of 22 PCN Form Version 4.3- April 20, 2022 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another federal agency involved? * ❑ Yes © No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes © No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ®Yes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes © No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.miI/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * El Yes No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, El Yes ❑x No mechanized pile drivers, etc.? * If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * A review of the North Carolina Natural Heritage Program (NCNHP) database on November 29, 2021, did not indicate known occurrences of threatened or endangered species within the project boundary. Potentially suitable habitat for threatened and endangered species on -site was surveyed. A concurrence request letter was submitted to the USFWS on November 29, 2021. Since the project seeks impacts to suitable habitat of listed plant species, but no occurrences were detected during the appropriate survey window, a biological conclusion of "may affect, not likely to adversely affect" (MANLAA) was recommended to USFWS. A concurrence response letter from USFWS was received on January 4, 2022, indicating that the USFWS was in agreeance with a MANLAA biological conclusion. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) Page 20 of 22 PCN Form Version 4.3- April 20, 2022 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * El Yes 0 No Is there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes 0 No El Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes ❑ No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? NCNHP element occurrence database did not indicate the presence of EFH within the project boundary. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://qis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural El Yes O No preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on April 4, 2022. No historical, archeological, or cultural resources were identified within the site boundary. A request letter was submitted to SHPO to determine the presence of archeological, cultural, or historic resources on April 4, 2022. As of the date of this permit application, a response has not been received. SHPO responded on April 27, 2022 with no comment on the proposed project. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes 0 No 8b. Click If yes, explain how the project meets FEMA requirements. to enter. 8c. What source(s) did you use to make the floodplain determination? FIRM Panel 3710353600J H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 21 of 22 PCN Form Version 4.3- April 20, 2022 I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Chris Tinklenberg Signature: Date: * 11/14/2023 Page 22 of 22 PCN Form Version 4.3- April 20, 2022 r a i _ 3 ♦ F e Legend i Project Boundary Impact 2(S2)� x. ., Impact 1 (S2) Wetlands Rip -rap Stabilization" Box Culvert 20 LF 10.005 ac - Permanent 65 LF 10.018 ac - Permanent + Streams Intermittent ,' ys+ "y 3�At ,y ' ✓ p,. - Perennial kI " Proposed Contours �r'x r Impact 5 (W2) GradinglFill '� �* c-•+ Mti��lfi�`j: Y _ dl��' a . ►. r ,1 !� ''a '., 0.09 ac Permanent, _ ' zr:SV,y v: ! •1 �Tr�PAP •i n jqy��1,�''�� t '� flit� Y � r5F (S3) Fill0.015 ac -Permanent s l +c't` Y� sp �■�,a s,yx� `I `1,, s, ,�aii- 4 F_ ■_ r ;< 5G'{• 1 11�1'� "� Ii N I 1t V Impact 4 (W1) -- Grading/Fill r w * r' m a tw u, At K .�F 0.18 ac - Permanent 1� , �r `� FI Y F "F'" �r 5 t y�/j,.�s 1 ,. ice• , A+j.. ,—ANPI `� ,`, 1•tt �.l f TL� �F ��� ty f... 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