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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