20180195 Ver 1_401 Application_20180209

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North Carolina Department of Environmental Quality (NCDEQ) 00RESVILLF RFGl0NAL OFFICE
Division of Water Resources C^
610 East Center Avenue XN
Mooresville, North Carolina 28115
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To whom it may concern: �P"d X 16
Subject: 401 & Buffer Permitting
Park 1764 Off -Site Sewer Project p,
CEC Project 171-287
Attached for your review and approval are the following items for 401 & buffer permitting for
Park 1764 Off -Site Sewer Project, located at 2461 Startown Rd, Newton, NC.
The following are included in this submittal:
• Application fee of $570.00 (Check made out to N.C. Division of Water Resources);
• Four (4) complete and collated copies of the PCN Application and supporting
documentation; and
• Four (4) full size plans (24" x 36").
Should you have any questions or require any additional information in support of this application,
please do not hesitate to contact me at 980-237-0373.
Sincerely,
CIVIL & ENVIRONMENTAL CONSULTANTS, INC.
Ben Lowry
Staff Consultant
Attachments
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FEB 0 9 2018
DEO-WATER1 8 BUFFER PER IT71 8
1900 Center Park Drive, Suite A I Charlotte, NC 28217 1 p: 980-237-0373 f: 980-237-0372 1 www.cecinc.com

of WAtE9 REC5IVED/NCi,�.,\:' r_,y,
o� pG Office Use Only:
FFP Corps action ID no.
o DWQ project no.
wQ� Form Version 1.4 January 2009
: SVILLF c��CF
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form VU
A.
Applicant Information 9
FEB b 10
1.
Processing
1a.
Type(s) of approval sought from the Corps:
Section 404 Permit
1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: N/A
1 c.
Has the NWP or GP number been verified by the Corps?
❑x Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
0 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑x No
For the record only for Corps Permit:
❑ Yes ❑x No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑x No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑x No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑x No
2.
Project Information
2a.
Name of project:
Park 1764 Off -Site Sewer Project
2b.
County:
Catawba
2c.
Nearest municipality / town:
Newton
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Margaret B. Lutz Heirs, Carol Yount Lutz, Ruth B. Lutz, Kevin Eric Lutz
3b.
Deed Book and Page No.
DB 2548 PG 814, DB 2013E PG 271, DB 3137 PG 793, DB 2308 PG 1829
3c.
Responsible Party (for LLC if
applicable):
City of Hickory
3d. Street address:
PO Box 3315, 2437 Settlemyre Bridge Rd, 2405 Startown Rd, 3514 Highway 182
3e.
City, state, zip:
Hickory, NC 28603 / Newton, NC 28658 / Newton, NC 28658 / Lincolnton, NC 28092
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
0 Agent ❑ Other, specify:
4b. Name:
Warren Wood
4c. Business name
(if applicable):
City of Hickory
4d. Street address:
76 North Center Street
4e. City, state, zip:
Hickory, NC 28601
4f. Telephone no.:
828-323-7412
4g. Fax no.:
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Shad Walters, P.E.
5b. Business name
(if applicable):
Civil & Environmental Consultants, Inc.
5c. Street address:
1900 Center Park Drive, Suite A
5d. City, state, zip:
Charlotte, NC 28217
5e. Telephone no.:
980-237-0373
5f. Fax no.:
980-237-0372
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
372118301185, 372117105489, 372 1 1 831 1 271, 372117119870
1 b. Site coordinates (in decimal degrees):
Latitude: 35.681519 Longitude: 81.285792
1 c. Property size:
203.89 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Muddy Creek
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Catawba River Basin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Site is undeveloped with a mixture of wooded areas and grass meadows.
3b. List the total estimated acreage of all existing wetlands on the property: 1.06
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
Gravity sewer line extension to service the Park 1764 Business Park Project.
3e. Describe the overall project in detail, including the type of equipment to be used:
Project consists of a installation of approximately 2,400 linear feet of gravity sewer. Equipment to excavate and backfill soil will be required. This
includes trackhoes, compaction equipement, and loaders.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall riot phases)in the past?
0 Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
0 Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): W. Brandon Fulton, LSS, PSC, PWS
Agency/Consultant Company: ECS Southeast, LLP
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
September 15th and 20th, 2017
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes X❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes 0 No
6b. If yes, explain.
Page 3 of 10
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):
x❑ Wetlands 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 T
Utility Installation
Unknown
Yes
404 & 401
0.0754
W2 T
Utility Installation
Unknown
Yes
404 & 401
0.0015
W3
Choose one
Choose one
Yes/No
-
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.08
2h. Comments:
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 T
Excavation
'See comments
PER
404 & 401
4
40
S2 T
Excavation
'See comments
PER
404 & 401
2
40
S3 T
Excavation
'See comments
PER
404 & 401
4
40
S4 T
Excavation
'See comments
PER
404 & 401
4
40
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
160
3i. Comments:
S1, S2, S3 and S4 are all proposed temporary impacts to an unknown tributary to Muddy Creek
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivii ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d. 5e:
Stream Impacts (feet) Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number –
Permanent (P) or
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
—Temporary
Bi
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5of10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
During the design process, the sewer was routed to minimize any impacts to streams and wetlands. The proposed impacts were limited to only what
was necessary. The sewer was routed on the low side of the stream in order to service future development to the greatest extent possible. The
location was chosen in order to minimize the amount of cross creek connections for future development.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
During construction, a variety of erosion control practices will be utilized to minimize impacts from the project. A designated limits of disturbance will
be specified in the field and silt fence will be placed parallel to the stream to capture sediment. Since this is a utility extension project, all disturbed
areas will be completely restored to pre-existing conditions. Wetland areas will be restored with native vegetation and stream banks will be
re -stabilized.
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 ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
E] Yes Q No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ YesX❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
N/A
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
The proposed project does not add impervious surfaces to the site. Gravity sewer installation only at this time.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
N/A
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's 'urisdiction is thisproject?
Catawba County
0 Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No N/A
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No N/A
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No N/A
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No N/A
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑x Yes ❑ No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑X No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No N/A
letter.) N/A
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑Yes ❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
El Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
N/A
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
No sewage will be generated from the proposed project.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑X Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
U.S. Fish & Wildlife Service Response Letter, dated June 24th 2014. Letter written as a response to a request for comments by ECS Carolinas, LLC.
Response Letter written by Janet Mizzi, Field Supervisor.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Website EFH - http://www.habitat.noaa.gov/protection/efh/habitatmapper.htmi
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
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
North Carolina State Historic Preservation Office - http://gis,ncdcr.gov/hpoweb
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
No filling in the 100 -year floodplain is proposed. Site topography will be restored to pre-exiting conditions at completion of project.
8c. What source(s) did you use to make the floodplain determination?
FEMA Floodplain Map number 3710372000J and 3710372100J
Warren Wood, City Manager
i,�09
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant is rovided.
Page 10 of 10