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HomeMy WebLinkAbout20180358 Ver 1_401 Application_20180318DWR Division of water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https:lledocs.deq.nc.govMaterResources101edocl6247041PCN%20Help%20File%202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Cabarrus Is this project a public transportation project?*(?) f Yes f• No 1a. Type(s) of approval sought from the Corps:* V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* r% Nationwide Permit (NWP) r Regional General Permit (RGP) Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Number Other: List all NW numbers you are applying for not on the drop dow n list. 1c. Type(s) of approval sought from the DWR:* check all that apply W 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express F Non -404 Jurisdictional General Permit r Riparian Buffer Authorization * 1d. 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: C Yes O No O Yes O No 1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? V so, attach the acceptance letter from rr tigation bank or in -lieu fee program r Yes F No 1f. Is the project located in any of NC's twenty coastal counties?* r Yes r No 1h. Is the project located in a designated trout watershed?* f Yes r No Link to trout information: http://v wv.saw.usace.army.mil/Missions/Regulatory-Permit-Prograni/Agency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Michael Foess 1b. Primary Contact Email:* mfoess@truehomesusa.com 1c. Primary Contact Phone:* (704)491-3256 1d. Who is applying for the permit? V Owner r Applicant (other than owner) V Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: Dependable Development, Inc 2b. Deed book and page no.: Book: 12102 Page: 0001 2c. Responsible party: (for Corporations) Michael Foess 2d. Address Street Address 2649 Breckonridge Centre Drive Address Line 2 Suite 104 City Monroe Fbstal / Zip Code 28110 2e. Telephone Number: (xxx)xxx-xxxx (704)491-3256 2f. Fax Number: 2g. Email Address:* nTfoess@truehomesusa.com 4. Agent/Consultant (if applicable) 4a. Name: Gregg Antemann 4b. Business Name: (if applicable) Carolina Wetland Services, Inc 4c. Address State / Province / Region NC Country USA Street Address 550 E Westinghouse Blvd. Address Line 2 City State/ Province/ legion Charlotte NC Postal / Zip Code Country 28273 USA 4d. Telephone Number: (704)408-1683 (xxx)xxx-xxxx 4e. Fax Number: (XXX)XXX-XXXX Email Address:* gregg@cess-inc.net Agent Authorization Letter* Reese provide the Agent Authorization Letter if you are submitting this docurrent. Haven at RR Agent authorization form.pdf 280.41 KB RLETYP=MJST BE RDF C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Haven at Rocky River 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town:* City of Concord 1d. Driving directions* If it is a new project and can not easily be found in a CFS rrapping system Reese provide directions. From the City of Concord head southeast on US -601 S toward Flowes Store Rd, turn right onto Flowes Store Rd follow 2.6 -miles, property will be on the left hand side of the road. 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 55375877960000 2b. Property size: (in acres) 71 ac. 2c. Project Address Street Address 6301 Flowes Store Rd Address Line 2 City Concord Postal / Zip Code 28025 State / Province / Region NC Country USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.33027 -80.55771 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Rocky River 3b. Water Resources Classification of nearest receiving water:* C Surface Water Lookup 3c. What river basin(s) is your project located in?* Yadkin-PeeDee River Basin Lookup 4. Project Description 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 property is undeveloped and dominated by mixed pine -hardwood forest (Figure 4). A sewerline easement exists in the southwestern portion of the property currently serving off-site properties. Several historic forested roads provide access within the property. The following water resources are located on the property (Figure 8, JD Report): one unnamed USGS dashed blueline tributary to Rocky River (Stream A); one intermittent tributary (Stream B); one forested wetland (Wetland AA); one isolated wetland (Wetland BB); one isolated water (Pond A). Surrounding properties are a mix of undeveloped, agricultural, and single-family residential. 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) aick the upload button or drag and drop files here to attach docurrent Haven at Rocky River USGS Map.pdf File type rrust be pdf 271.61 KB 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Qickthe upload button or drag and drop files here to attach docunent Haven at Rocky River Soils Map.pdf 584.06KB File type mast be pdf 4d. List the total estimated acreage of all existing wetlands on the property: 0.021 ac. (0.008 ac. adjacent, 0.013 ac. isolated) 4e. List the total estimated linear feet of all existing streams on the property: (intermttent and perennial) 2,207 If perennial stream 4f. Explain the purpose of the proposed project:* The purpose of the project is to develop 26.07 of 69.72 acres of the property into a single-family residential development. The project will provide residential housing within the City of Concord to meet the growth and demand in the area of Cabarrus County that is experiencing significant population growth due to its proximity to Charlotte. 4g. Describe the overall project in detail, including indirect imapacts and the type of equipment to be used:* The Haven at Rocky River project proposes unavoidable impacts to jurisdictional waters of the U.S. under Nationwide Permit (NWP) No. 29 with the construction of a new subdivision road within the property boundary and one sewer line crossing. A proposed 72" RCP culvert is proposed to be installed on Stream A, an unnamed tributary to Rocky River for the construction of a new subdivision road. New culvert installation will result in temporary and permanent stream impacts. The proposed 140' x 72" RCP is being sited at a location along UT - Rocky River where the bank width is 8 -ft with a mix of bedrock and rocky substrate (see Photo Sheet). The culvert design will support aquatic life movement within the stream channel by countersinking the culvert 1 -foot below streambed elevation (see Culvert Profile). In addition, the culvert diameter will match the stream channel dimensions which will help to maintain bankfull flows, as well as, low flows without altering flow regimes. Inlet and outlet protection is unnecessary with the culvert installation due to the bedrock and rocky substrate conditions within the streambed which will prevent headcutting or destabilization of the channel. Precast concrete headwalls will be installed on the upper and lower ends of the culvert. Waste water collection for the new subdivision will be piped offsite and will tie into an existing sewer line on the north side of Stream A. One single and complete sewer line crossing is proposed to be trenched beneath Stream A for the new sewer connection. Waste water will be treated at the Rocky River Regional Wastewater Treatment Plant (RRRWWTP). Stream Impacts: S1 - A total of 142 If of permanent stream impact associated with culvert installation in Stream A. Culvert will be located within a straight portion of stream channel, so minimal additional impacts due to meandering of the channel will occur. S2 - 8 If of temporary stream impacts associated with de -watering activities during culvert installation in Stream A. De -watering activity will likely include or be like a pump around operation using sandbags, pump, and hose (see Dewatering Detail). All temporary fill will be removed from the stream channel following culvert installation. S3 - 12 If of temporary stream impacts associated with open cut trenching for an encased 8" DIP sewer line. Temporary impacts include de -watering and trenching in stream bed for line installation. Following culvert installation disturbed stream banks will be regraded to match pre-existing height and grade, stream channel will match pre-existing grade and elevation, and disturbed riparian areas will be seeded with temporary erosion control mix and native riparian seed mix (see Typical Stream Bank Stabilization). Wetland Impacts: W1 - 0.01 -acre of permanent filling of an Isolated non -404 wetland for site development (Wetland BB). Open Water Impacts: 01 - 0.03 -acre of permanent filling of a Isolated pond for site development (Pond A). 4h. Please upload project drawings for the proposed project. aick the upload button or drag and drop files here to attach docunent Preferred Alternative-02-13-18.pdf 14.08MB File type crust be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * r Yes r No r" Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* f Preliminary r Approved r Unknown r N/A Corps AID Number: Exarrple: SAW -2017-99999 SAW -2017-02462 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Sean Martin delineated the site on 11-14-17 CWS, Inc. 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. U.S. Army Corps of Engineers completed a JD field verification on January 4, 2018 by Cathy Janiczak from the Charlotte Field Office. All features were verbally approved in the field. No written JD verification has been received since the field visit. One additional stream form was completed in the field to classify a non -jurisdictional channel below Stream B (SCP2 non -JD). The data form (soils section) for Wetland BB was revised based on the field visit (DP-2_rev_1-4-18). 5dl. Jurisdictional determination upload Cickthe upload button or drag and drop files here to attach docurrent 2017-0531_AJDRequest_ The HavenatRockyRiver_112717.pdf 5.89MB File type rrust be FDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? f Yes f• No f Unknown 7. Future Project Plans 7a. Is this a phased project?* f Yes C 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): IJ Wetlands rJ Streams -tributaries r- Buffers rJ Open Waters r Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Site # - Reason for impact* 2b. Impact type * 2c. Type of wetland * 2d. Wetland name *2e. 2f. Type of 2g. Impact Forested* Jurisdicition* area* W1 -site development P Ivhp label (e.g. Fbad Crossing 1 - Calvert, Permanent (P) or dewatering, etc) Temporary (1) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.010 2g. Total Wetland Impact 0.010 Isolated Wetlands BB Yes DWR 0.010 (404, 10) or DAR (401, (acres) other) 2h. Comments: Wetland BB is not a waters of the U.S. due to being isolated with no connection to downstream waters. 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. Reason for 3b.lmpact impact* type* S1 S1 - Road crossing P Map label (e.g. Road Crossing 1) Permanent (P) or Temporary (T) 3c. Type of impact*3d. Stream name* Culvert A 3e. Stream 3f. Type of Type* Jurisdiction* Perennial Both Perennial (F6R� or intermittent (INT) S2 S2 - Pump Around T Dewatering A Perennial Both Map label (e.g. Road Crossing 1) P?rmanent (P) or Perennial (Fff� or Temporary (T) interntent (INT) S3 S3 - Sewer Line T Excavation A Perennial Both Map label (e.g. Finad Crossing 1) Permanent (P) or Perennial (FEF� or Temporary ((Tj intermittent (INT) '* All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 142 3i. Total temporarystream impacts: 20 3i. Total stream and tributary impacts: 162 3j. Comments: 3g. Stream 3h. Impact s Ife4 width * length* 8 142 1 Average (feet) (linear feet) 1 3 6 8 8 6 Average (feet) (linear feet) 4 8 12 9 Average (feet) (linear feet) 6 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 individually list all open water impacts below. 4a. Site # - Reason for 4b. Impact type * 4c. Name of waterbody* 4d. Activity type * 4e. Waterbody type *4f. Impact impact* area 01 -site development P Pond A Fill Isolated 0.03 Nbp label (e.g. Fbad Crossing 1) Permanent (F') or (if applicable) (acres) Temporary (T) 4g. Total temporary open water Impacts: 0.00 4g. Total permanent open water impacts: 0.03 4g. Total open water impacts: 0.03 4h. Comments: Pond A is not a waters of the U.S. due to being isolated with no connection to downstream waters. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* To avoid and minimize adverse effects to jurisdictional waters of the U.S. to the maximum extent practicable, three design alternatives were considered. These alternatives include the a no build alternative, the 2-13-18 alternative, and the 10-3-17 alternative. For the no build alternative, the property has been purchased by Dependable Development, Inc. for the purpose of developing the site as a single family residential subdivision to meet the growing demand of for housing in the region. A no build option would not meet the intended goals and purpose of the project, therefore this alternative was eliminated from consideration. The 10-3-17 alternative portrays a permanent stormwater BIVIP located atop two jurisdictional waters of the U.S. Because BMP's cannot be constructed in waters of the U.S., this alternative was eliminated from consideration and revised to create the preferred alternative. The 2-13-18 alternative (preferred alternative) minimizes impacts to waters of the U.S. to the maximum extent practicable by avoiding impacts to Stream B and Wetland AA. Although a culvert is proposed resulting in fill impacts to Stream A, this impact is unavoidable due to the requirement of having two points of egress and ingress to the property. Surrounding land uses and lack of connection to surrounding roads necessitates the road crossing on Stream A with its connection to Flowes Store Road. Culvert siting criteria proposes to place the new pipe within a relatively narrow section of channel to minimize culvert diameter. Culvert siting criteria proposes a location within a stream section dominated by bedrock and rocky material substrate, thus eliminating the need for riprap outfall protection. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* The proposed culvert will be countersunk 1 -foot below streambed elevation to assist with aquatic organism movement within the stream system. Use of headwalls on the culvert ends reduces the pipe length and associated stream impacts. Proper sediment and erosion control measures will be employed as part of site development to minimize disturbance of downstream waters. Construction activities and proposed impacts to on-site waters of the U.S. will comply with all conditions of Nationwide Permits No. 29 and Water Quality Certification No. 4139. All work in waters of the U.S. will be constructed in the dry (see Dewatering Detail). All disturbed riparian areas shall be graded to pre-existing conditions and seeded with temporary erosion control mix and riparian seed mixes. Straw will be used to cover seed mixes to encourage seed germination. Disturbed stream banks will be stabilized with biodegradable coir matting (see Typical Stream Bank Stabilization Detail). 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? f Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent stream impacts total 140 linear feet, which is below the 150 linear foot mitigation threshold. Impacts to isolated waters (not waters of the U.S.) are below 0.5 -acre mitigation threshold. F. Stormwater Management and Diffuse Flow Plan (required by DWR) — Recent changes to the stormwater rules have required updates to this section ."" 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: The Haven at Rocky River is not located within one of the NC Riparian Buffer Protection watersheds. The Haven at Rocky River is being developed with an approved stormwater management permit through the City of Concord Phase II NPDES program. Storm related runoff will be treated by on-site stormwater BMP's for water quality. Treated stormwater will be discharged from on-site BMP's to upland buffers by diffuse flow. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* f Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* f Yes r No To look up low density requirement click here 15A NCAC 02H.1003(2) 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?* r Yes f No Hnt: projects that have vested rights, exemptions, or grandfathering from state or locally irrplemented storrrwater prograrrs or projects that satisfy state or locally -implemented storrrwater programs through use of coni unity irr lieu prograrrs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):* IJ Local Government F State Local Government Stormwater Programs* V Phase II F NSW r- USMP r- Water Supply Please identify which local government stormwater program you are using.* City of Concord implements a stormwater management program that includes the site runoff control program. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* f Yes r 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)?* f Yes r No 2b. Is this an after -the -fact permit application?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* f Yes r No 3b. If you answered "no," provide a short narrative description. The Haven at Rocky River is a single and complete project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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. Waste water from the proposed residential subdivision will be piped to an existing sewer line connection to the Rocky River Regional Wastewater Treatment Plant (RRRWWTP). RRRWWTP is a two stage 26.5 MGD biological wastewater treatment facility that is owned and operated by the Water and Sewer Authority of Cabarrus County (WSACC). The WSACC shall not issue a permit for a sewer project which would increase the flow or change the characteristics of waste to a treatment works or sewer system unless the local program has received a written determination from the Division that, pursuant to G.S. 143-215.67(a), the treatment works or sewer system is adequate to receive the waste. 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8?* r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?* r Yes r No 5g. Does this project involve bridge maintenance or removal?* r Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30.17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?** r Yes r 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.?* r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* USFWS - Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Cabarrus County, North Carolina. https://www.fws.gov/raleigh/species/cntylist/cabarrus.htmi 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Habitat Protection I Habitat Conservation - Essential Fish Habitat Mapper https://www.habitat.noaa.gov/protection/efh/efhmapper/ 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC State Historic Preservation Office Historic Properties Map 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drop files here to attach docunent SHPO consultation letter.pdf 985.71 KB Rle crust be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* INC Flood Risk Information System - http://fris.nc.gov/FRIS/Home.aspx?ST=NC Miscellaneous Miscellaneous attachments not previously requested. Click the upload button or drag and drop files here to attach document Rejected Alternative 10-3-17.pdf 12.21 MB Haven_ProtectedSpeciesReport.pdf 1.52MB Haven at Rocky River JD Report.pdf 3.41 MB Haven at Rocky River Impact Maps.pdf 7.81 MB DP2-BB_rev_1-4-18.pdf 93.85KB SCP2 non-jd.pdf 32.34KB Typical Stream Bank Stabilization. pdf 70.41 KB Dewatering Detail.pdf 134.32KB Haven at RR Agent authorization form.pdf 280.41 KB HavenatRR_PhotoPage. pdf 1.04MB Culvert Profile.pdf 21.08KB Haven at Rocky River ORM Form.pdf 42.4KB File rrust be FDF or [9VZ Signature rJ By checking the box and signing below, I certify that: ■ 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 INC 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:* Gregg Antemann Signature Initial Review Is this project a public transportation project?*(?) f Yes r No Change only if needed. Has this project met the requirements for acceptance in to the review process?* G Yes f No BIMS # Assigned* 20180358 Version#* Reviewing Office* Mooresville Regional Office - (704) 663-1699 Select Project Reviewer* Alan Johnson:eads\adjohnson1 Is a payment required for this project?* f No payment required f Fee received F Fee needed - send electronic notification What amout is owed?* * $240.00 f• $570.00