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HomeMy WebLinkAbout20191168 Ver 2_ePCN Application_20240412DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 Val 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 Charge 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 ortransmission ofenergy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned Versiorl 20191168 2 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 Miranda Village 1 a. Who is the Primary Contact?* Alisa Harjuniemi 1 b. Primary Contact Eni aiiisa@cws-inc.net Date Submitted 4/12/2024 Nearest Body of Water Sugar Creek Basin Catawba Water Classification Class C Site Coordinates Latitude: 35.331093 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: -80.879556 Reviewing Office* Mooresville Regional Office - (704) 663-1699 1 c. Primary Contact Phone:* (980)259-1222 8 Is this project a public transportation project?* Yes No Ia. 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 PCIM previously been submitted?* Yes No Please provide the date of the previous submission. 1/22/2020 I b. 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): 18 1 d. 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 Ia. 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: If. 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 Ig. 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 Ij. Is the project located in a designated trout watershed? Yes No B. Applicant Information 401 Water Quality Certification - Express Riparian Buffer Authorization I d. Who is applying for the permit? Owner Applicant (other than owner) Ia. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Denali Ref LILC 2b. Deed book and page no.: 33238-255, 33238-269 2c. Contact Person: Kaitlin Carroll; POC: David Weiss 2d. Address Street Address 1345 Avenue of the Americas; 21 st Floor Address Line 2 city State Pmvince Region New York NY Postal / Zip Code Country 10105 USA Yes No Yes No 2e. Telephone Number: (980)321-7564 2g. Email Address:* david.weiss@man.com 4. Agent/Consultant (if applicable) 4a. Name: Aliisa Harjunierm 4b. Business Name: Carolina Wetland Services 4c. Address Street Address 550 E Westinghouse Blvd Address Line 2 city Charlotte Postal / Zip Code 28273 4d. Telephone Number: (980)259-1222 4f. Email Address:* allisa@cws-inc.net 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: 03741109,03741126 2c. Project Address Street Address Miranda Road Address Line 2 city Charlotte Postal / Zip Code 28216 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Sugar Creek 3b. Water Resources Classification of nearest receiving water: Class 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. 03050101 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 113 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 project area consists of pasture land, deciduous forest, woody wetlands, ponds and a maintained power line right-of-way. On -site elevations ranges from 710-750 feet above mean sea level (Figure 2). 8 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-2018-01344 (NWP29 and 18 Verification, dated January 22, 2020). 4f. List the total estimated acreage of all existing wetlands on the property: 2.6 acres 4g. List the total estimated linear feet of all existing streams on the property: 2125 If perennial, 101 If intermittent 4h. Explain the purpose of the proposed project: The purpose of the project is to construct a single family residential subdivision. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The Miranda Village project involves the construction of a single family residential subdivision, along with associated access roads, utilities, and stormwater facilities. Proposed activities in waters of the U.S. will be permitted under both NWP 29 and NWP 18. Impacts to be permitted under NWP 29 will total 0.052 ac. offill to jurisdictional wetlands resulting from the grading for a proposed single family residence (Wl). Impacts to be permitted under NWP 18 will total 0.0283 ac. (W2-W4). Impact W2, 0.0089 ac., will result from fill to support the installation ofa riser structure that will moderate the water level of jurisdictional Pond A. Impacts W3, 0.0125 ac., and W4, 0.0069 ac., will result from grading due to the construction of proposed stormwater BMPs. No stormwater will be treated within waters of the US. A further 0.75 ac. of open water impacts will result from the filling of a pond dug in uplands, Pond B (01 Equipment to be used includes a track hoe, dump truck, pumps, various hand tools, possibly a crane to move construction material such as reinforced bars of steel, and concrete buckets to place concrete. Typical heavy equipment will be used in the grading operations (bulldozers, excavators, dump trucks, graders, etc.). 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No G 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-2018-01344 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: CWS Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR AJD dated dated January 6, 2020 is included in Attachment C (SAW-2018-01344) 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? The project will not result in addional phases in foreseeable future. D. Proposed Impacts Inventory 1. Impacts Summary I a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 6 2al Reason (?) Fill Fill 2b. Impact type*(?) ]2c.TypeofW.* ��,dwater Forest Fardwood Flat 2d. W. name I HH AA e. Forested* Yes 2f. Type of Jurisdicitio (?) Corps ] Corps ] 2g. Impact area 0.052 (acres) 0.009 (acres) Fill ��,dwater Forest cc Corps ] 0.013 (acms) Headwater Forest ald D D Yes Corps 0.007 Fill _J (acms) 29. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.081 2i. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.081 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: To avoid and minimize impacts to waters of the U.S., the project limits were delineated for streams and wetlands prior to site design, and impacts to on - site jurisdictional waters have been minimized to the maximum extent practicable. Rejected Alternative 1 The first site design proposed to entirely fill Wetlands BB, CC, DD, and HH. This would have resulted in 0.35 acre of impact to jurisdictional wetlands. These impacts would have triggered compensatory mitigation as they were well over the 0.1 acre threshold for NWP 18 and 29. Due to the unacceptable wetland impacts and potential time and financial constraints resulting from pursuing mitigation options, this alternative was rejected from consideration, and the site was re -designed. Preferred Alternative Proposed impacts to jurisdictional waters as a result of the site re -design are minimal (0.0803 acre) and fall below the nationwide permit mitigation threshold of 0.1 acre of impact (Attachment F, Sheets 2-5). Proposed activities in waters of the U.S. will be permitted under both NWP 29 and NWP 18. Impacts to be permitted under NWP 29 will total 0.052 ac. of fill to jurisdictional wetlands resulting from the grading for a proposed single family residence (W1). Impacts to be permitted under NWP 18 will total 0.0283 ac. (W2-W4). Impact W2, 0.0089 ac., will result from fill to support the installation of a riser structure that will moderate the water level of jurisdictional Pond A. Impacts W3, 0.0125 ac., and W4, 0.0069 ac., will result from grading due to the construction of proposed stormwater BMPs. No stormwater will be treated within waters of the US. Impacts to Wetland BB were eliminated, and impacts to Wetlands CC and DO were reduced. Due to the area required for the proposed access road and lots, impacts to Wetland HH could not be reduced. No impacts to streams are proposed. A "No Build" alternative was considered. Since the purpose of the project is to construct a single family subdivision, a "No Build" option would not meet any of the project goals. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion and sedimentation control measures will be properly installed and inspected in accordance with the latest NPDES permit. Erosion and sedimentation BMPs will be installed prior to construction. Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, restrictions against the staging of equipment in or adjacent to waters of the US. This project will follow all conditions of NWP 18 and 29. 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: The proposed wetland impacts are below 0.1 acre. 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 project is 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? 2 FA .1 01 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 11 NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Charlotte Comments: 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 WaterorWetland 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. The project will not result in cumulative impacts in foreseeable future. 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. Ifthe wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater will be piped to the nearest Chariotte-Mecklenburg sewage treatment facility. 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 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? Attachment E - Protected Species Assessment - Updated March 2024 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 https://www.fisheries.noaa.gov/resource/map/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 Historic Preservation Office's HPOWEB 2.0 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-clesignated 1 00-year floodplain? Yes No 8c. What source(s) did you use to make the floodplain determination? FEMA Firm Panels 3710453800K, 3710453700K, 3710454800K 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 2024-0017 Miranda Village NWP 4.12.24.pdf 21.2MB 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. have given true, accurate, and complete information on this form; 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 Acf'); 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: Alisa Harjuniemi Signature Date 4/12/2024