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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