HomeMy WebLinkAbout20240591 Ver 1_ePCN Application_20240418DW 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# *
20240591 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:
Blueberry Farms
la. Who is the Primary Contact?*
Daniel Kuefler
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
Daniel.kuefler@wetlands-epg.com (336)554-2728
Date Submitted
4/18/2024
Nearest Body of Water
Henry Fork
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.6963-81.3388
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Catawba
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
29 - Residential 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
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:
Michael Dorsey
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
4455 NC Hwy 10 West
Address Line 2
City
Newton
Postal / Zip Code
28658
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
North Carolina
Country
USA
Yes No
Yes No
2e. Telephone Number:
(828)320-3626
2g. Email Address:*
Michael.dorsey@ethanallen.com
3. Applicant Information (if different from owner)
3a. Name:
Bridget McClellan
3b. Business Name:
Fiorenza
3c.Address
Street Address
118 E Kingston Ave. Ste 16
Address Line 2
City
Charlotte
Postal / Zip Code
28203
3d. Telephone Number:
(704)649-6601
3f. Email Address:"`
bridget@byfiorenza.com
4. Agent/Consultant (if applicable)
4a. Name:
Daniel Kuefler
4b. Business Name:
WEPG
4c.Address
Street Address
10612-D Providence Rd
Address Line 2
City
Charlotte
Postal / Zip Code
28277
4d. Telephone Number:
(336)554-2728
4f. Email Address:*
Daniel. kuefler@wetlands-epg.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Hickory
2. Project Identification
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
Please see attached parcel map 152.67
2c. Project Address
Street Address
362 Catawba Valley Blvd SE
Address Line 2
City
Hickory
Postal / Zip Code
28602
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Henry Fork
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.
030501020103
4. Project Description and History
State / Province / Region
North Carolina
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 Catawba Valley Blvd site (+/- 152.67 acres) is located just south of Catawba Valley Boulevard, and just southeast of 3rd St. PI SE, in Catawba County, North Carolina. It can be found
on the Hickory, NC USGS Topographic Quadrangle Map; latitude is 35.6963 °N, longitude is-81.3388'W. The topography is moderately sloped. The elevation ranges from 860 to 1030 ft.
The site is comprised of abandoned farmland and wooded slopes and is disturbed throughout.
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:
2.19
4g. List the total estimated linear feet of all existing streams on the property:
6869
4h. Explain the purpose of the proposed project:"
The proposed residential development will include impacts to two streams for road crossing access.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: "
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
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-2023-01769
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: WEPG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
09/05/2023
6. Future Project Plans
Ga. 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?
D. Proposed Impacts Inventory
0
u
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name* ��3e.
Stream Type*
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
length*
g1
Culvert
Permanent
Culvert
Stream B
Perennial
Corps
151
Averege (feet)
(linear feet)
S2
Riprap
Permanent
Rip Rap Fill
Stream B
Perennial
Corps
46
Average (feet)
(linear feet)
S3
Construction Access
Temporary
Other
Stream B
Perennial
Corps
8
19
Averege (feet)
(linear feet)
S4
Culvert
Permanent
Culvert
Stream C
Perennial
Corps
127
Average (feet)
(linear feet)
S5
Riprap
Permanent
Rip Rap Fill
Stream C
Perennial
Corps
27
Average (feel)
(linear feet)
S6
Construction Access
Temporary
Other
Stream C
Perennial
Corps
65
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
351
3i. Total stream and ditch impacts:
435
3j. Comments:
S2/S5 = No Loss Impact- riprap will be placed at pre-existing elevations
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
84
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access
routes. The site plan was designed to avoid onsite features to the maximum extent practicable while still incorporating necessary site access.
Due to the location/extent of jurisdictional onsite features, complete avoidance was not practicable. The applicant has demonstrated avoidance and
minimization efforts by dedicating open space and avoiding —95 % of onsite streams and 100 % of onsite wetlands.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
Where possible, 2:1 slopes and retaining walls will be used to minimize crossing impacts.
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
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
a
4b. Stream mitigation requested:
(linear feet)
278
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
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
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
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.
City of Hickory
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 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.
No additional phases are proposed
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 generated on the site will be transported to the nearest treatment facility via sewerlines.
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?
A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Tricolored bat but the
project is except as described in the attached T&E report. A request for concurrence has been submitted to USFWS and is included within this package.
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?
No Essential Fish Habitat within this region - https://www.habitat.noaa.gov/apps/efhmapper/?page-page_7
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's website: https://nc.maps.aregis.com/
Report from R.S. Webb and Associates
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
No Proposed Net Grading/Fill within the FEMA Floodplain
8c. What source(s) did you use to make the floodplain determination?
www.fema.gov
https://gis.catawbacountync.gov
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 dreg and drop files here to attach document
BlueberryFarms_PCNBinder_SUBMITTED.pdf 14.61 MB
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:
Daniel Kuefler
Signature
OAMW-Alwj��
Date
4/18/2024
0