HomeMy WebLinkAbout20231636 Ver 1_ePCN Application_20231201DW R
DHISIoo 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.
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# *
20231636 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Andrew Pitner:andrew.pitner
Information for Initial Review
la. Name of project:
COURTESY COPY McAlpine Vista
la. Who is the Primary Contact?*
Marcos Vidal
1b. Primary Contact Email: *
MV@VISTARP.COM
Date Submitted
12/1/2023
Nearest Body of Water
McAlpine Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.154739
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
Longitude:
80.736137
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
1c. Primary Contact Phone:*
(919)782-6652
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:
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
29 - Residential 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
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. Nani on recorded deed:
McAlpine Land LLC
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
340 Royal Poinciana Way
Address Line 2
Suite 317-220
city
Palm Beach
Postal / Zip Code
33480
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
FL
Country
USA
Yes No
Yes No
2e. Telephone Number:
(919)698-3175
2g. Email Address:*
AB@vistarp.com
3. Applicant Information (if different from owner)
3a. Name:
Marcos Vidal
3b. Business Name:
Vista Residential Partners - N.0 LLC
3c.Address
Street Address
4000 Westchase Blvd
Address Line 2
Suite 220
city
Raleigh
Postal / Zip Code
27607
3d. Telephone Number:
(919)782-6652
3f. Email Address:*
MV@VISTARP.COM
4. Agent/Consultant (if applicable)
4a. Name:
Jesse Degnan, PWS
4b. Business Name:
ECS Southeast, LLC
4c.Address
Street Address
1812 Center Park Drive
Address Line 2
Suite D
city
Charlotte
Postal / Zip Code
28217
4d. Telephone Number:
(704)339-9002
4f. Email Address:*
jdegnan@ecslimited.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Charlotte
2. Project Identification
2a. Property Identification Number:
19356102
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
14.5
2c. Project Address
Street Address
8011 Krefeld Drive
Address Line 2
City
Charlotte
Postal / Zip Code
28227
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
McAlpine Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?"
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030104
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 site is comprised of undeveloped woodlands. Surrounding land use is retail, commercial, and multi -family residential.
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:
0.56 acre
4g. List the total estimated linear feet of all existing streams on the property:
680 linear feet
4h. Explain the purpose of the proposed project:
McAlpine Vista is a 320-unit multifamily apartment project that will provide housing in a vastly undersupplied Independence Boulevard corridor of the City of Charlotte. The apartments will
meet the needs of Charlotte's residents that seek variety in housing size, bedrooms, and amenities.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
McAlpine Vista is proposing the construction of 3 apartment buildings on 14.5 acres of land. The project is in Charlotte, NC, northeast of the intersection of Krefeld Dr and Curtis Ct. The
project is currently undeveloped. The development will be constructed via standard construction procedures. Proper erosion and sediment control measures will be utilized and maintained
throughout the project. Typical materials and machinery will be used on -site during the construction process. Construction is expected to begin once all permits are received.
Shifting of buildings farther into the site allowed drives and parking to have no impact to the stream buffers and minimized impacts to the wetlands. Sighting buildings on the higher,
flattened elevations and the use of retaining walls allowed for stream beds and lower wetland areas to be free from any grading. Reviewing the existing "heritage trees" on site (36"+ DBH
hardwood trees) after having a tree survey completed and adjusting sanitary sewer location to be out of these trees critical root zones minimizes any impact to these larger, established
trees.
The total proposed disturbed area is 9.8 acres, with a net impervious area of 7.54 acres (52 % of total).
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
Delineated by Mr. Jesse Degnan, PWS on July 12, 2022
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-2020-01152
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Mr. Jesse Degnan, PWS
Agency/Consultant Company: ECS Southeast, LLC
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
October 6, 2022
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?
This is a single and complete 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
2. Wetland Impacts
O
W1
Reason (?)
Grading/Fill
2b. Impact type" (?)
P
2c. Type of W. *
Small -Basin Wetland
2d. W. name
Wetland 1
2e. Forested"
Yes
2f. Type of JurisdicitiI
(?)
Both
2g• Impact
area
0.030
(acres)
ff7lFearing
JT
Small -Basin Wetland -]
Wetland 1
Yes ][Both
0.010
(acres)
2g. Total Temporary Wetland Impact
0.010
2g. Total Wetland Impact
0.040
2i. Comments:
Total permanent wetland impact = -0.03 acre/ -1,184 square feet
Total temporary wetland impact = -0.01 acre/ -451 square feet
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.030
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*
fl
Sewer Crossing
Temporary
Excavation
Stream 1
Intermittent
Both
4
Average (feet)
20
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
20
3j. Comments:
Total temporary stream impact = -20 Linear Feet/ -84 square feet
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
20
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed project has been planned and engineered to avoid wetland and waterbody impacts to the greatest extent practicable. Where avoidance
was not feasible, proposed impacts were minimized during the siting, planning, and engineering phases of the project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The development will be constructed via standard construction procedures. Appropriate construction techniques will be used, and erosion control
measures will be implemented accordingly to minimize potential sedimentation and other potential project -related impacts. Efforts will be made
throughout all construction phases to minimize the extent and duration of project -related disturbances to water resources.
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
O
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Proposed impacts are below 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:
The proposed project is located within the Catawba River Basin. Mandatory NC DWR Riparian Buffer Rules are only applicable within 50 feet of all shorelines along the Catawba River
mainstem.
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.
City of Charlotte
Comments:
The proposed built -upon area for this project remains under the 70 % threshold for zoning. The project has been graded such that the majority of stormwater runoff from the roof, parking
lot, drive aisles, and adjacent landscaped areas is conveyed to the proposed storm inlets, which tie into existing storm networks that drains to two underground tanks. The storm water
runoff will be routed to a sand filter / underground storage tank. The sand filter is designed to handle 0.75 of water quality volume as required by NCDEQ. The underground storage tank is
chambered to have a sediment area, and a sand filter chamber. The site will meet the requirement for pre / post peak -flow rates for the 1-year and 10-year design storm.
The total proposed disturbed area is 9.8 acres, with a net impervious area of 7.54 acres (52 % of total).
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 a single and complete project. This project is not part of a larger planned development. No further impacts are anticipated beyond what is
included in this phase.
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 handled by Charlotte Water.
L
O
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
Sc. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No
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
Unknown
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?
USFWS Consultation, IPaC tool and the NC Natural Heritage Program. The USFWS response letter and database findings are 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?
NOAA
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?
Consultation was initiated with the SHPO on 11/21/2023 (See attached SHPO Letter Request and HPO database findings). To date, no response letter
has been received.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8b. If yes, explain how project meets FEMA requirements:
Client is being required by the City of Charlotte to install a greenway connection through a wooded area to connect to an adjacent park (per the rezoning
plan). The project will adhere to State/local FEMA requirements. No waters of the U.S. will be impacted within FEMA floodplain/floodway. Floodplain
encroachment will be permitted through Mecklenburg County.
8c. What source(s) did you use to make the floodplain determination?
FEMA Floodplain mapper
Miscellaneous
U
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
PCN Attachments.pdf 4.97MB
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:
Jesse Degnan
Signature
,7E sx PW-6WAW
Date
12/1/2023