Loading...
HomeMy WebLinkAbout20180852 Ver 1_401 Application_20180619Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 6/19/2018 1:52:28 PM (Start Event) Accept by Montalvo, Sheri A 6/20/2018 10:46:18 AM (Non DOT Initial Review) The task was assigned to Montalvo, Sheri A. The due date is: June 22, 2018 5:00 PM 6/19/2018 1:53 PM DWR 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://edocs.deq.nc.govMaterResources/0/edocl6247041PCN%20Help%20File%202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Guilford Is this project a public transportation project?* f Yes f• No This is any publicly funded by nunicipal,state or federal funds road, rail, airport transportation project. 1a. Type (s) of approval sought from the Corps:* V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* IJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits. All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form. Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Number Other: List all IWV nurrbers you are applying for not on the drop down list. 1c. Type(s) of approval sought from the DWR:* check all that apply IJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express F Non -404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit * 1d. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: O Yes O No For the record only for Corps Permit: O Yes O No 1e. 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 r Yes r No Acceptance Letter Attachment Click the upload button or drag and drop files here to attach docurrent DMS Acceptance Letter.pdf 77.81 KB RLE TYPE MJST BE FDF 1f. Is the project located in any of NC's twenty coastal counties?* f Yes r No 1h. Is the project located in a designated trout watershed?* r Yes r No Link to trout information: http://v wv.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Michael Brame 1b. Primary Contact Email:* mbrame@pilotenviro.com 1c. Primary Contact Phone:* (xxx)xxx-xxxx (336)708-4620 1d. Who is applying for the permit? V Owner r Applicant (other than owner) r Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: McKnight Mill Homes 7, LLC 2b. Deed book and page no.: 008045-01260 2c. Responsible party: (for Corporations) Herb Parks 2d. Address Street Address 7 Corporate Center Court Address Line 2 aty Greensboro Pbstal / Zip Code 27408 2e. Telephone Number: (xxx)xxx-xxxx (336)282-1014 2f. Fax Number: (XXX)XXX-XXXX 2g. Email Address:* hparks@byrondev.com State / Province / Region NC Country U.S. C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* McKnight Mill Estates 1b. Subdivision name: (if appropriate) McKnight Mill Estates 1c. Nearest municipality/ town:* Greensboro 1d. Driving directions* If it is a new project and can not easily be found in a CFS rrapping system Rease provide directions. From U.S. Highway 29 North - Drive east on Hicone Road. Turn right on McKnight Mill Road. Turn left into site. 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 7887832893 2b. Property size: (in acres) 64.33 2c. Project Address Street Address 4622 McKnight Mill Road Address Line 2 City State / Rovince / Pegion Greensboro NC Postal / Zip Code Country 27405 U.S. 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:* 36.148837° -79.717041* ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* North Buffalo Creek 3b. Water Resources Classification of nearest receiving water:* WS -V; NSW Surface Water Lookup 3c. What river basin(s) is your project located in?* Cape Fear River Basin Lookup 4. Project Description 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* An abandoned, dilapidated single family residence is located on the northern portion of the site. The remainder of the site contains wooded land and fields. A sanitary sewer line crosses the eastern portion of the site. 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) Click the upload button or drag and drop files here to attach docurrent USGS.pdf 1.86MB File type mist be pdf 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) Click the upload button or drag and drop files here to attach documant USDA Published Soil Survey.pdf 1.86MB File type mist be pdf 4d. List the total estimated acreage of all existing wetlands on the property: 0.703 4e. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 4,750 4f. Explain the purpose of the proposed project:* The purpose of the proposed project is to develop the site with a single family residential subdivision. 4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The overall project consists of developing the site with a 4 phase residential subdivision. The Master Plan that has been presented to the City of Greensboro is attached. Phase I of the site consists of developing the site with 54 single family residential lots, two stormwater ponds and associated roads. In order to provide access to the central portion of the sub -division, it is necessary to construct an access road that will impact wetlands. A portion of the wetland will also be impacted by lot fill from 5 residential lots. To facilitate the construction of the access road and development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the site. Phases 2 and 3 of the proposed residential subdivision will consist of 147 single family residential lots, associated roads and a stormwater pond. Stream and wetland impacts are not proposed or anticipated during Phases 2 and 3. After Phases 1, 2 and 3 of the subdivision are built out (timeframe unknown - dictated by market conditions), Phase 4 of the proposed residential subdivision will consist of 40 residential lots, associated roads and two stormwater ponds. Two proposed stream crossings are necessary in order to construct Phase 4. For planning purposes, the roads have been designed to cross the streams in areas with few meanders and at an angle as near perpendicular as possible. At this time, the developer does not know if or when Phase 4 will be constructed. Therefore, this permit application is for the proposed impacts associated with Phase I only. The Applicant understands that additional impacts associated with Phase 4 of the proposed subdivision will be cumulative and is planning accordingly. 4h. Please upload project drawings for the proposed project. Click the upload button or drag and drop files here to attach documant MCKNIGHT MILL IMPACT MAPS-Revised.pdf 1.47MB File type mist be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* C Yes r No r Unknown Comments: Pilot Environmental delineated the site on February 17, 2017. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved f Unknown r N/A Corps AID Number: Exarrple: SAW -2017-99999 SAW -2017-00625. Field Visit March 22. 2017 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Michael Brame & Brad Luckey Pilot Environmental, Inc. 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. January 11, 2018 5d1l. Jurisdictional determination upload Click the upload button or drag and drop files here to attach docurrent McKnight Mill Road USACE JD_ 1.11.18_ Pilot 2547.pdf 419.88KB File type mist be RDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?'� f Yes r No r Unknown 7. Future Project Plans 7a. Is this a phased project?* r Yes r No 7b. If yes, explain. This is Phase I of McKnight Mill Estates, a residential subdivision. Based on the master plan, there may be additional impacts to streams and potentially wetlands during Phase 4 of the subdivision, if Phase 4 of the subdivision moves forward with development activities. However, there are 200 plus lots that will be developed before additional impacts will be necessary and future development of additional phases will be based upon market conditions. The applicant is aware that impacts are cumulative for permitting and mitigation thresholds for potential future impacts to WoUS. However, the applicant is not ready to proceed with later phases of the subdivision or permit the potential impacts at this time. Although they are a part of the master plan that is being presented to the City of Greensboro, they may or may not occur and establishing a timeline will be dictated by market conditions to be permitted in accordance with applicable USACE/DWR regulations at that time. The applicant is aware that the current and future development must occur in a manner in order to avoid and minimize stream and wetland impacts on the site. 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. Additional permits will be required for Phase 4 of the proposed development, if Phase 4 of the subdivision moves forward with development activities. The applicant is aware that impacts and mitigation requirements are cumulative. The stream crossings have been designed in areas with few stream meanders and as close as possible to perpendicular. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): rJ Wetlands rJ Streams -tributaries ❑ Buffers ❑ 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* Road Crossing & Lot Fill P Headwater Forest Unnamed Yes Both 0.209 Ivbp label (e.g. Road Grossing 1 - Calvert, Permanent (P) or (404, 10) or DAR (401, (acres) dewatering, etc) Temporary (T) other) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.209 2g. Total Wetland Impact 0.209 2h. Comments: In order to access the central portion of the site, a road must be constructed. Road slopes and lot fill are proposed to impact 0.209 acres of wetland. 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 impact*3b.lmpact 3c. Type of impact *3d. Stream name * 3e. Stream 3f. Type of 3g. Stream 3h. Impact s fe type* Type* Jurisdiction* width* length* S1 Sewer Crossing T Other Unnamed Perennial Both 6 28 1 Nbp label (e.g. Fvad Grossing Permanent (P) or Fbrennial (F8P� or Average (linear feet) 6 1) Tenporary (T) internittent (INT) (feet) A ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total temporary stream impacts: 28 3i. Total stream and tributary impacts: 28 3j. Comments: In order to provide sewer services to Phases 1, 2 and 3, it is necessary to connect to an existing sewer line that is located on the site. It is necessary to cross a perennial stream in order to make the connection. A coffer dam and associated pump around will be used to deweter the sewer line installation area. The coffer dam will impact 8 linear feet of stream channel. Installation of the sewer line will impact 20 linear feet of stream channel. After the pipe is installed, the excavation will be back-filled with rip rap that will be placed below the existing stream bed elevation. Additional rip rap protection will be keyed into the stream banks. The coffer dam will be removed and flow will return to the stream reach. 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:* The crossing location was selected because it is in an epsting farm road crossing. The area has already been impacted by a culvert and unimproved road. The design has avoided impacts to other undisturbed jurisdictional areas within the drainage swale. Areas located down -gradient of the proposed crossing contain a perennial stream. The crossing has been designed to avoid impacts to the perennial stream. An end wall has been designed at the down -gradient end of the proposed culvert to avoid impacts to the perennial stream. A sewer line must be installed that will cross a perennial stream. The sewer line is being installed in a relatively straight reach of stream. Additionally, the crossing was designed within the footprint of a proposed road crossing that may occur during development of phase 4 of the proposed project in an effort to avoid additional impacts. Phases I, 2 and 3 have been designed to avoid the remainder of the wetlands and streams on the site. In order to construct Phase 4 of the proposed development, it will be necessary to construct two stream crossings. While this is not being permitted at this time and final designs have not been completed detailing the impacts, the crossings have been designed to be located in relatively straight stream reaches, as perpendicular to the streams as possible and in a way to avoid impacts to additional streams or wetlands. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* The clearing limits will be staked and silt fence will be used. Stormwater ponds will prevent sediment from being discharged into down -gradient streams or wetlands. 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? r Yes r No 2c. If yes, mitigation is required by (check all that apply): r- DWR V Corps 2d. If yes, which mitigation option(s) will be used for this project? r- Mitigation bank V Payment to in -lieu fee program r" Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. V Yes 4b. Stream mitigation requested: (linear feet) 4c. If using stream mitigation, what is the stream temperature: 4d. Buffer mitigation requested (DWR only): (square feet) 4e. Riparian wetland mitigation requested: (acres) 0.21 4f. Non -riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments 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 la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? f• Yes r No 1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. What type of SCM are you providing? r- Level Spreader r- Vegetated Conveyance (lower SHWT) r- Wetland Swale (higher SHWT) r- Other SCM that removes minimum 30% nitrogen (check all that apply) For a list of options to meet the diffuse flow requirements, click here. Diffus Flow Documentation Click the upload button or drag and drop files here to attach docurrent Exempt.pdf File type rrust be FDF 2. Stormwater Management Plan 351.88KB 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? f Yes C No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* C Yes F 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?* t'• Yes f No Hnt: projects that have vested rights, exenptions, or grandfathering from state or locally irrplenented storrrwater prograns or projects that satisfy state or locally-inlAerrented stormwater prograns through use of comrunity in -lieu prograrrs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):* rJ Local Government F State Local Government Stormwater Programs* rJ Phase II r- NSW r- USMP r- Water Supply Please identifywhich local government stormwater program you are using.* Greensboro G. Supplementary Information 1. Environmental Documentation Ia. 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)? * C Yes r No 2b. Is this an after -the -fact permit application?* C 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?* C Yes r No 3b. If you answered "no," provide a short narrative description. To the best of our knowledge, the residential subdivision being constructed on the site will not result in additional development outside of the four proposed phases, which could impact nearby downstream quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes f• Nor N/A 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?* C Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* C Yes r No 5d. Is another Federal agency involved?* 0 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? C 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)?* C5 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? Pilot consulted the USFWS List of Protected Species for Guilford County. The USFWS identifies the following protected species in Guilford County: bald eagle and small whorled pogonia. Based on our site observations, large water bodies capable of supporting the bald eagle are not present on the site. Therefore the proposed project is not likely to disturb the bald eagle. Based on our observations, suitable habitat is not present on the site for small whorled pogonia. Therefore, we have made the determination that the proposed project will have no effect on this species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes C No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best management practices and the use of erosion control devices will prevent sediment from entering down - gradient waterbodies which may contain fish. 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?* According to the NC SHPO Historic Properties website (attached), GF 1823 - Wyrick Log House (A Survey Only Property) is located on the northern portion of the site. The identified property is located in the vicinity of a dilapidated structure observed during our site visit. Only portions of the abandoned, dilapidated structure remain on the site. Based on our observations, it is unlikely that the remnants of the residence will be determined eligible by the NCSHPO. 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drop files here to attach docurent NCSHPO HPO.pdf 185.99KB File rust 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?* ryes C No 8c. What source(s) did you use to make the floodplain determination?* FEMA FIRM Panel 3710788700J, Effective 06.18.2007 Miscellaneous Miscellaneous attachments not previously requested. Click the upload button or drag and drop files here to attach docurent FEMA FIRM.pdf 1.85MB Agent Authorization. pdf 401.47KB GIS Info.pdf 159.04KB File mist be FDF or ME 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 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:* Michael T. Brame Signature Date Submitted: 6/19/2018 Initial Review ....................................... ............................................................................................................................................. Is this project a public transportation project?* M O Yes C No Change only if needed. Has this project met the requirements for acceptance in to the review process?* f• Yes f No BIMS # Assigned * 20180852 Version#* Reviewing Office* Winston-Salem Regional Office - (336) 776-9800 Select Project Reviewer* Sue Homewood:eads\slhomemod Is a payment required for this project?* f No payment required f Fee received r Fee needed - send electronic notification What amout is owed?* r $240.00 f $570.00