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HomeMy WebLinkAbout20240114 Ver 1_ePCN Application_20240116DW 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# * 20240114 1 Is a payment required for this project?* No payment required What amount is owed?* Fee received $240.00 $570.00 Fee needed - send electronic notification $323.00 $767.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Andrew Pitner:andrew.pitner Information for Initial Review la. Name of project: Store No. 1069 la. Who is the Primary Contact?* Mr. Justin Coons 1b. Primary Contact Email: * 1c. Primary Contact Phone:* jcoons@quiktrip.com (918)615-7585 Date Submitted 1 /16/2024 Nearest Body of Water Lich Branch Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 34.985535-80.367490 A. Processing Information - Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Union 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: 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 39 - Commercial/Institutional 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. Name(s) on recorded deed: QUIKTRIP CORPORATION 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: Mr. Justin Coons 2d.Address Street Address 3701 ARCO CORPORATE DR Address Line 2 SUITE 150 City State / Province / Region CHARLOTTE NC Postal / Zip Code Country 28273 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (918)615-7585 2g. Email Address:* jcoons@quiktrip.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 State / Province / Region Charlotte NC Postal / Zip Code Country 28217 USA 4d. Telephone Number: 4e. Fax 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: Marshville 2. Project Identification 2a. Property Identification Number: 02311001,02311002,02311003,02311003B, 2b.Property size: and 02311004 3.5 AC 2c. Project Address Street Address 101 South White Street Address Line 2 City State / Province / Region Marshville NC Postal / Zip Code Country 28103 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Lich Branch 3b. Water Resources Classification of nearest receiving water: 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. 030401050604 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 comprised of residential and commercial properties with associated maintained yards and landscaped areas. Surrounding properties in the vicinity are residential and commercial properties. A partially piped stream is centrally located on the property. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: N/A 4g. List the total estimated linear feet of all existing streams on the property: -290 linear feet 4h. Explain the purpose of the proposed project:* The purpose of this project is to construct a gas station with an associated convenience store building and parking areas. The site was chosen due to its location and frontage off Highway 74. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed project is located at 101 South White Street in Marshville, Union County, North Carolina. 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. 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 (ECS), on 2/20/2023. 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-2023-00597 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Mr. Jesse Degnan, PWS Agency/Consultant Company: ECS Southeast Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR April 10, 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? 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 3. Stream Impacts u ❑ S1 3a. Reason for impact (?) Building 3b.lmpact type" Permanent 3c. Type of impact" Fill 3d. S. name * Stream 1 3e. Stream Type * ?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width Average (faeQ 3h. Impact Ilength* 168 (linear feet) 32 Pipe replacement Temporary Culvert Stream 1 Perennial Both Average (feet) 122 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 168 3i. Total stream and ditch impacts: 290 3i. Total temporary stream impacts: 122 3j. Comments: Temporary impact = -122 LF Permanent impact = - 168 LF 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: NC DOT traffic flow and access requirements limited site layout options. The proposed layout plan is the only viable site layout that meets NC DOT traffic flow and access requirements. For foundation integrity and safety purposes, building codes do not permit void space or porous structures beneath building foundations. Therefore, impacts associated with the onsite stream are unavoidable and necessary. The proposed project has been planned and engineered to avoid 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 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 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 If no, explain why: The PSA is located in the Yadkin -Pee Dee River Basin. Surface waters within this basin are not subject to mandatory state riparian buffer regulations. 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 State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: A stormwater management plan has been developed and submitted to the NC DEQ for review. Total Disturbed Area: 3.33 acres Total Impervious Area: 2.165 acres (94,308 SF) 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) O 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. 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 the Town of Marshville Public Works Department. 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? USFWS consultation. The USFWS response letter is 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?" SHPO consultation. SHPO letters attached. 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 Floodplain Mapper Miscellaneous 0 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 Attachments.pdf 5.04MB 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 Date 1/16/2024