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HomeMy WebLinkAbout20230763 Ver 2_DWR20230763_Statesville Stumptown Rd_Minor Mod_051324_20240513NRE PO Box #401 Fort Mill, SC 29716 ENVIRONMENTAL 803-681-0484 Mr. Douglas Perez U.S. Army Corps of Engineers, Charlotte Satellite Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Via Email NCDWR, 401 & Buffer Permitting Unit 512 N. Salisbury St., 9th Floor Raleigh, NC 27604 Via Online Submittal May 13, 2024 RE: Permit Modification Pursuant to Nationwide Permit No. 29 and WQC 006231 Statesville/Stumptown Rd. Redevelopment (± 19.7 acres) SAW-2023-01111; DWR #20230763 Huntersville, Mecklenburg County, North Carolina Dear Mr. Perez: RP Huntersville Property Owner LLC (Applicant) has authorized NRE Environmental, LLC (NRE) to provide Clean Water Act Section 404/401 permitting services for the approximately 20-acre Statesville/Stumptown Rd. Redevelopment site (Project) located on the east side of Statesville Rd., and extending to its intersection with Stumptown Rd. in the Town of Huntersville, Mecklenburg County, NC (Attachment 1). Authorization for the Project was issued on January 3, 2024 for a Nationwide Permit No. 29 and on September 7, 2023 for Individual Water Quality Certification No. 006231. The applicant subsequently paid an in -lieu mitigation fee (February 1, 2024) for authorized impacts. Site work has not yet begun on the Project. NRE is submitting a revised Pre -Construction Notification with impact table and drawings pursuant to Nationwide Permit No. 29 and Individual Water Quality General Certification No. 006231 for proposed minor modification to permanent impacts to the jurisdictional waters of the U.S. associated with developing a single family residential housing development on the Project (Attachment 2). This modification resulted in a reduction in permanent impacts that brings the Project below mitigation thresholds. The NWP 29 approved impacts for this Project included the permanent impact of 0.17-acre of wetland for fill, the permanent impact of 156 linear feet (If; 0.014-acre) of stream for a culvert, the permanent impact of 71 If (0.006-acre) of stream for fill, the permanent impact of 10 If for rip rap fill, and the temporary impact of 30 If for dewatering. A minor modification to the proposed project plans includes a reduction in grading with the addition of increased rip rap apron to the proposed culvert at impact S1, which reduces the permanent impact to jurisdictional Stream SA (Attachment 3). This modification has reduced the original S1 impact from permanent impact of 156 If to a new permanent impact of 121 If (0.008 ac) for the culvert. In addition, the modification changes permanent impact S2 from 10 If with no loss of waters for the rip rap to 34 If (0.002 ac) with no loss of waters. Impact to wetland waters are also reduced with the modification from a total of 0.17 ac to a new total of 0.09 ac. ENVIRONMENTAL NRE NWP Modification Request Statesville/Stumptown Rd. Redevelopment SAW-2023-01111 May 13, 2024 Total impacts for the Project with the modification are now 192 If (0.014 ac) for permanent stream impacts, 34 If (0.002 ac) for permanent stream impact with no loss of waters, 0.09 ac for permanent wetland impacts, and 30 LF for temporary impacts to jurisdictional non -wetland waters. There are no other changes to the Project. Based on these modifications that reduce permanent impacts below mitigation thresholds, we request reissue of the approved NWP and WQC with revision from 227 If (0.020 ac) to 192 If (0.014 ac) for permanent impacts to streams and 0.17 ac to 0.09 ac for permanent impacts to wetlands with no mitigation required. ATTACHMENTS INCLUDED: NO. DESCRIPTION 1 Site Location Map 2 Revised Pre -Construction Notification (PCN) Form Impact Tables 3 Permit Drawings revised May 6, 2024 I trust that this information is sufficient. Please contact me (570-406-1182) if you have any questions. Encs. Sincerely, NRE Environmental, LLC. e_4UJz1_ Christine A. 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Statesville/Stumptown Road Redevelopment Project N 22-07 ENVIRONMENTAL Mecklenburg County Drawn By: Huntersville, North Carolina CAG 3e. Describe the overall project in detail, including the type of equipment to be used: The project proposes a single-family residential development on ±20 acres in the town of Huntersville, North Carolina. The proposed development will consist of approximately 150 residential units and associated roads, utilities, parking, amenity areas and other elements typical of a modern residential development. The development will include both detached homes and muti- family dwelling units (Attachment 11). Construction of this project under Nationwide Permit 29 will require permanent impacts to one jurisdictional wetland waters of the U.S. totaling 0.09 acres and 1 jurisdictional non -wetland waters of the U.S. totaling 226 linear feet for permanent impacts (including 34 LF of no loss of waters) and 30 LF for temporary impacts. Stream Impacts (Permanent S1, S2, and S3) The proposed stream impacts are permanent and total 226 linear feet. The first stream impact (S1; 121 LF, 0.008 ac) to Strearr SA is permanent and includes the installation of culverts with associated grading for a road crossing for Town of Huntersville required right of way, Moonbrook Court. The second impact (S2; 34 LF, 0.002 ac) will be a permanent impact with no loss of waters for a riprap apron that will be keyed into the surface elevation at the outlet of the culvert. The third stream impact in the headwater area of the stream is a permanent fill and is necessary for continuity of two proposed lots. Impact S3 totals 71 LF (0.006 ac). Stream SA scored MEDIUM with NCSAM assessment (Attachment 12). Stream Impacts (Temporary S4) Temporary impacts to the streams total 30LF and will be required for sand bagging or pump around and included temporary fill for dewatering activities. (S4=30 LF, 0.002 ac)). Temporary stream impacts will be restored to natural condition. Wetland Impacts (W1) The proposed wetland impacts are permanent and total 0.09 acre. Fill in Wetland A (W1; 0.09 ac) will be necessary because of grading for a road crossing. The wetland is located across the center of the project and fill for the required road is necessary to cross this feature. The wetland scored MEDIUM with NCWAM assessment. Proper sediment and erosion control techniques will be used to prevent future cumulative impacts. Typical heavy equipment will be used in the grading operations (bulldozers, excavators, dump trucks, graders, trench boxes, air compressors, generators, work trucks, and bypass pumps for the water diversion, etc.). NCSAM and NCWAM scores were MEDIUM for all impact areas to compensate for the proposed permanent stream and wetland impacts. Permanent loss of waters stream impacts total 192 LF (0.014 ac) and total permanent impacts to Wetlands total 0.09 ac, which are below NWP mitigation thresholds. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by ❑x Yes ❑ No ❑ Unknown the Corps or State been requested or obtained for this property / project (including all prior phases) in the Comments: past? 4b. If the Corps made the jurisdictional determination, El Preliminary El Final what type of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: NRE Environmental, LLC Page 4 of 14 PCN Form — Version 1.4 January 2009 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or 0 Yes ❑ No ❑ Unknown obtained for this project (including all prior phases) in 5b. If yes, explain in detail according to "help file" instructions. USACE issued NWP 29 authorization on January 3, 2024 for SAW-2023-01111. This is a resubmission request for a permit modification to document a revision to site plans to accommodate reduction of impact S1 from 156 to 121 linear feet of permanent impact and a revised impact of 34 (from 10) linear feet (no loss of waters) for required keyed in riprap apron on Stream SC. Permanent wetland impacts to W1 were reduced from 0.17 to 0.09 acres. These reduced impact numbers are below he mitigation threshold amounts. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Page 5 of 14 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): 0 Wetlands 0 Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Emergent No Corps 0.09 2g. Total Wetland Impacts: 0.09 2h. Comments: Proposed permanent impacts to jurisdictional wetland waters total 0.09 acre. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert Stream SA PER Corps 3 121 S2 P Riprap Stream SA PER Corps 3 34 S3 P Fill Stream SA PER Corps 4 71 S4 T Dewatering Stream SA PER Corps 3 30 S5 S6 S7 S8 S9 3h. Total stream and tributary impacts 256 3i. Comments: Permanent stream impacts: 192 LF (0.014 ac); Permanent stream impacts (no loss of waters) 34 LF (0.002 ac); Temporary stream impacts 30 LF (0.002 ac); NCSAM scores MEDIUM for all impact areas. Impacts are below mitigation threshold and mitigation is not required. Page 6 of 14 PCN Form — Version 1.4 January 2009 Zhe �z JW OE wo �� r •r�� I 5 ..• 5 ri N , L? m + Q m w PX vN 1 - i 1 tiN 1 Iljll 1 { 5 � 1 1 1 � 1 � '— l�� �1�9C1d 3'lstlitd'dn] 1 Ida 30,S)O 18 J I � r r Zhe �z JW F mat rn e N J t i W I% N E ' � — a— F Em �c o -m o WRY=� I 1 ! LD :zf - - N N 1 � I MOONBROOK CT (57' PUBLIC R/W) T r m m@ sRg a L!1 in D Q. r C E LL L 1; ab `mzr�i \ a m• �+ 3 _CL tawLo n E�� � � 1+1 e ■ 1''. , In, m Ws N7 ?i F � 1 `