HomeMy WebLinkAbout20240359 Ver 1_ePCN Application_20240228DW 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# *
20240359 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:
Graham Park Drive Charlotte
la. Who is the Primary Contact?*
Bart Ward
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
jrobertson@atlasenvi.com (704)201-8144
Date Submitted
2/28/2024
Nearest Body of Water
Steele Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.124122-80.958150
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
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
fig. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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:
Graham Park Ventures LLC
2b. Deed book and page no.:
37641/209
2c. Contact Person:
Bart Ward
2d.Address
Street Address
6000 Old Pineville Road
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal/Zip Code
Country
28217
USA
Yes No
Yes No
2e. Telephone Number:
(704)201-8144
2g. Email Address:*
bart@fifthwardproperties.com
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Robertson
4b. Business Name:
Atlas Environmental Inc
4c.Address
Street Address
338 S. Sharon Amity Road #411
Address Line 2
city
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:
(704)512-1206
4f. Email Address:
jrobertson@atlasenvi.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:
20120110,20120144,20120142,20120143
2c. Project Address
Street Address
2241 Graham Park Drive
Address Line 2
city
Charlotte
Postal / Zip Code
28273
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Steele 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.
030501030108
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
17.286
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 property is currently not occupied and is entirely forested. The property has historically been a Feld and there is an existing pond dam and spillway. The surrounding land use consists
of residential to the Southwest and generally commercial/industrial properties to the North, East, and South. A railroad abuts the property to the North.
a
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:
0.188
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a secure outdoor storage facility. The construction will also include two stormwater control measures.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will require heavy equipment for land clearing and grading activities. One stormwater control measure will be constructed near the property entrance in the Eastern region of
the review area. The second stormwater control measure will be constructed near the center of the property the Norther boundary. Tree clearing will be required for the project and two
wetland impacts are proposed.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No 9 Unknown
Comments:
September 29, 2023 and October 16, 2023. A previous PJD was issued for the Eastern region of the
review area on February 02, 2020
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-2019-02467
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Atlas Environmental Staff
Agency/Consultant Company: Atlas Environmental Inc.
Other: AJD not issued at time of this permit submittal
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?
No
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
L
01
W1
2a1 Reason (?)
Grading
2b. Impact type* M
P
2c. Type of W.*
Headwater Forest
2d. W. name
WL 2000
2e. Forested"
Yes
2f. Type of Jurisdicition *
(?)
Both
2g. Impact
area *
0.185
(acres)
W2
Grading
P
Headwater Forest
WL 2100
Yes
Both
0.003
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.188
2g. Total Wetland Impact
0.188
2i. Comments:
Wetlands WL 2000 and WL 2100 are separated by a culvert and are located in a previous pond bottom. The dam of the pond is clearly distinguishable
on the digital elevation model and on Google Earth aerial imagery. The spillway of the previous pond is also visible in aerial imagery and site photos. The
culvert between the wetlands is mostly filled with sediment and WL 2000 receives stormwater from the housing development to the South. Due to the
previously existing pond dam, and the culvert being mostly blocked by sediment, the ground surface and hydrology is significantly altered and non -
natural. Due to the dam and previous pond creating atypical hydrology and ground surface conditions the North Carolina Wetland Assessment Method
(NC WAM) has identified the wetland quality as LOW. Atlas is proposing no mitigation for impacts W1 and W2 which are man-made and a result of past
activities.
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:
Avoidance and minimization has occurred through site selection of the proposed facility. No impacts are proposed to perennial or intermittent streams
due to no streams being located at the review area. The proposed impacts to wetlands WL 2000 and WL 2100 are considered minor due to the quality
and are located in a pond bottom. The impact area was part of a previous field (early 2000's) and the wetland is a result of ground manipulation related
to the pond dam. The wetlands are rated as low according to NC WAM due to altered hydrology and surface conditions.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper erosion control and stormwater management techniques will avoid and minimize off -site impacts related to the project. Erosion control will
prevent and soil or material from leaving the site and impacting surrounding properties. The stormwater will be managed using two stormwater control
measures which will prevent impacts to waters located off site.
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:
Atlas is proposing no mitigation for impacts W1 and W2 because the wetlands are a result of past on -site activities to construct a dam and spillway. The wetlands are not natural and are
rated as low.
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:
Not 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
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.
Charlotte
Comments:
Two stormwater control measures will be constructed.
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
a
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
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
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?
NC HPO Buffer Map 2.0. See attached comment letter from NC HPO
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 National Flood Hazard Layer
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
Graham Park Drive ePCN Attachments Compressed.pdf IAMB
File must be PDF or KMZ
Comments
To justify the proposal of no mitigation the NC WAM form has been included along with a digital elevation model map, various Google Earth aerial images, and photos of the dam, spillway,
and culvert.
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:
Jacob Sinclair
Signature
Date
2/28/2024
O