Loading...
HomeMy WebLinkAbout20230277 Ver 2_ePCN Application_20240104DW R DHlsloo 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# * 20230277 2 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 1a. Name of project: Norman Creek la. Who is the Primary Contact?* Steve Bailey 1b. Primary Contact Email:* 1c. Primary Contact Phone:* jrobertson@atlasenvi.com (704)607-5059 Date Submitted 1 /4/2024 Nearest Body of Water Rocky Creek Basin Catawba Water Classification WS-Iv Site Coordinates Latitude: Longitude: 35.685286' -80.863470' A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Iredell 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 Please provide the date of the previous submission.' 2/17/2023 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 1e. 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) 1e. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 401 Water Quality Certification - Express Riparian Buffer Authorization 2a. Name(s) on recorded deed: BBC Rocky Creek LLC 2b. Deed book and page no.: 2888 / 951; 2913 / 338 2c. Contact Person: Steve Bailey 2d.Address Street Address 7224 Jameson Way Address Line 2 City State / Province / Region Stanley INC Postal / Zip Code Country 28164 USA Yes No Yes No 2e. Telephone Number: (704)607-5059 29. Email Address:' steve@pcdllc.net 4. Agent/Consultant (if applicable) 4a. Name: Jennifer L Robertson 4b. Business Name: Atlas Environmental 4c.Address Street Address 338 S. Sharon Amity Road #441 Address Line 2 city Charlotte Postal / Zip Code 28211 4d. Telephone Number: (704)512-1206 4f. Email Address:" jrobertson@atiasenvi.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Norman Creek Subdivision 1c. Nearest municipality I town: Troutman 2. Project Identification 2a. Property Identification Number: 4740490827 and 4740680836.000 2c. Project Address Street Address 714 S Main Street Address Line 2 City Troutman Postal / Zip Code 28166 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Rocky Creek 3b. Water Resources Classification of nearest receiving water: WS-Iv 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011106 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 76.356 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 general site condition is mostly cleared due to logging activities. The surrounding land use is predominantly forested area, residential properties, and commercial properties. O 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2021-02292 4f. List the total estimated acreage of all existing wetlands on the property: 0.373 4g. List the total estimated linear feet of all existing streams on the property: 2,207 4h. Explain the purpose of the proposed project: The project's purpose is for the construction of a residential subdivision consisting of attached and detached single family dwellings. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project is for the construction of a residential housing development including roadways, stormwater treatment, open space, and utility installation. Heavy equipment will be used o clean any remaining vegetation as necessary and to prepare the ground surface for construction. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-02292 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Atlas Staff Agency/Consultant Company: Atlas Environmental Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 06/28/2023 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? yes a sewer line SAW-2022-01932 and SAW-2023-00416 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 a 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * ?) 29• Impact area * E:::] Road Crossing P Bottomland Hardwood Forest WL 3000 Yes Both 0.207 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.207 21. Comments: W2 is a non -regulated wetland 2g. Total Permanent Wetland Impact 0.207 3. Stream Impacts St 3a. Reason for impact (?) road crossing 3b.lmpact type Permanent 3c. Type of impact" Culvert :Y00 name 3e. Stream Type (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width Average (feet) 3h. Impact length* 308 (linear feet) gy road crossing Permanent Rip Rap Fill CH 300 Perennial Both Aveage (feet) 14 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 322 0 3i. Total stream and ditch impacts: 322 3j. Comments: S2 should not be mitigated for as it is for embedding rip rap. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project has been designed and engineered to avoid and minimize impacts to the greatest extent possible. The positioning and layout of the streets, stormwater control measures, and grading has reduced impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A retaining wall, which is approximately 242 linear feet has bee designed at impact S1. Impact W1 is to a drained man-made pond, which predated 1965, and has taken on wetland characteristics since it was drained in 2021. 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): D W R 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 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site and Double Rock Mitigation Site 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 616 Riparian wetland 0.207 3c. Comments To be purchased through Wildlands Holdings VI, LLC 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 INC Riparian Buffer Protection Rules? Yes No If no, explain why: The project is not located adjacent to protected riparian buffers 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No O Q 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. Iredell County Comments: Three stormwater control measures have been designed and are shown on the included site plan and impact map G. Supplementary Information 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. 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. Sanitary sewer was permitted under Rock Creek Sewer 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved? Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPAC and NHP 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?" Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?" HPOWEB 2.0 Buffer Map 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?" Yes No Be. What source(s) did you use to make the floodplain determination? FEMA NFHL Google Earth 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 epcn does compressed.pdf 7.69MB 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: Allyson Sinclair Signature Date 1/4/2024 O