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HomeMy WebLinkAbout20181240 Ver 1_401 Application_20180907Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 9/7/2018 4:08:16 PM (Start Event) Accept by Montalvo, Sheri A 9/10/2018 2:19:18 PM (Non DOT Initial Review) The task was assigned to Montalvo, Sheri A. The due date is: September 12, 2018 5:00 PM 9/7/2018 4:09 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:* Mecklenburg 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 f Yes C No 1f. Is the project located in anyof NC's twentycoastal counties?* r Yes C No 1h. Is the project located in a designated trout watershed?* f Yes f• No Link to trout information: http://vmw.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Jennifer Burdette 1b. Primary Contact Email:* burdette@mcadamsco.com 1c. Primary Contact Phone:* (XXX)XXX-XXXX (919)287-0743 1d. Who is applying for the permit? V Owner V Applicant (other than owner) rJ Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: Grier Newell Properties, LLC 2b. Deed book and page no.: D13:25224; PG:573 2c. Responsible party: (for Corporations) Joseph Grier 2d. Address Street Address c/o Grier Furr & Crisp Address Line 2 101 N Tryon Street, Ste 1240 City Charlotte fbstal / Zip Code 28246 2e. Telephone Number: (XXX)XXX-XXXX (704)332-0201 2f. Fax Number: (XXX)XXX-)O= 2g. Email Address:* jgrier@grierlaw.com 3. Applicant Information (if different from owner) State / Province/ Region NC Country USA 3a. Applicant is: f Agent f• Other Contract Purchaser If other please specify. 3b. Name: Scott Herr 3c. Business Name: (if applicable) IWI Homes of Charlotte, LLC 3d. Address State / Province/ Pbgion Street Address NC 5350 77 Center Drive, Ste 100 Country Address Line 2 USA aty State / Province / Fbgion Charlotte NC Postal / Zip Code Country 28246 USA 3e. Telephone Number: (704)597-4535 (XXX)XXX-XXXX 3f. Fax Number: (XXX)XXX-XXXX Email Address:* sherr@mihomes.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Burdette 4b. Business Name: (ff applicable) McAdams Company 4c. Address Street Address 2905 Meridian Parkway Address Line 2 City State / Province/ Pbgion Durham NC Postal / Zip Code Country 27713 USA 4d. Telephone Number: (919)287-0743 (XXX)xxx-xxxx 4e. Fax Number: (XXX)XXX-XXXX 4f. Email Address:* burdette@mcadamsco.com Agent Authorization Letter* Please provide the Agent Authorization Letter if you are submitting this docunent. MIH17060 E WT Harris & Grier - Grier Newell Properties Executed Agent Auth.pdf 335.04KB MIH -17060 E WT Harris & Greir Rd MI Homes Executed Agent Auth.pdf 473.16KB FILE TYPE M.157 BE FDF C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Selwyn Landing aka WT Harris & Grier 1b. Subdivision name: (if appropriate) Selwyn Landing 1c. Nearest municipality/ town: Charlotte 1d. Driving directions* f it is a new project and can not easily be found in a GPS rrapping system Please provide directions. From 1-85, take NC Highway 24 (E WT Harris Boulevard) south. The site is located on the left side of NC Highway 24/E WT Harris Boulevard (just past the Food Loin) at the intersection of Grier Road in Charlotte. 2. Project Identification 2a. Property Identification Number: (tax PIN or parcel ID) 10508211 2b. Property size: (in acres) 57 2c. Project Address Street Address Northeast intersection of NC Highway 24/E WT Harris Boulevard & Grier Road Address Line 2 qty State / Province / Fbgion Charlotte NC Fbstal / Zip Code 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:* 35.269936 -80.728361 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Back Creek (12 -digit HUC 030404050301) 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 property consists of mature, mixed pine/hardwood forests with a sanitary sewer easement that runs along E WT Harris Boulevard. Forested areas, a residential subdivision and a couple of school facilities surround the site. Please refer to the attached USGS Location Map (Figure 1), Mecklenburg County Soil Survey Map (Figure 2) and Subject Property Aerial Map (Figure 3) for more information on the project setting. 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 document MIH17060_Figure 1 USGS.pdf 1.51 MB 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 docurrent MIH17060_Figure 2 Soil Survey.pdf 887.77KB File type mist be pdf 4d. List the total estimated acreage of all existing wetlands on the property: 0.60 4e. List the total estimated linear feet of all existing streams on the property: (intermttent and perennial) 4384 4f. Explain the purpose of the proposed project:* The purpose of the project is to develop the property with the necessary infrastructure to provide suitable building areas for high density, single and multi -family home construction to serve the current and future residents of the east Charlotte area. 4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed Selwyn Landing development is a single-family residential development. The proposed development will consist of approAmately 145 single-family lots along with associated roadway, utility, and stormwater management improvements. A proposed road crossing will be aligned across an unnamed tributary to Back Creek. As a result, there are proposed stream impacts associated with the road crossing. Additional impacts to the unnamed tributaries to Back Creek located within the project area not proposed. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. 4h. Please upload project drawings for the proposed project. Click the upload button or drag and drop files here to attach docurrent MIH -17060 -Inset -INSET 1 - PLAN.pdf 382.16KB MIH-17060-FIG3-Key Plan 1lxl7.pdf 472.89KB MIH-17060-FIG3-Key Plan 11 x1 7 - Aerial. pdf 1.32MB MIH-17060-FIG4-Key Plan 11xl7.pdf 1.03MB File type must be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* f• Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Unknown Corps AID Number: Exarrple: SAM2017-99999 SAW -2018-00806 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Jennifer Burdette McAdams Company r N/A 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. David Shaeffer with the USACE conducted a field visit to review the jurisdictional delineation on June 8, 2018 and verified the stream and wetland boundaries provided on the attached Figure 3 and impact maps for the project. Documentation of the preliminary jurisdictional determination has not yet been received. 5d1. Jurisdictional determination upload nick the upload button or drag and drop files here to attach docurrent MIH17060_Figure 3 Verified Preliminary JD Map.pdf 139.12KB File type mist 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 r No r 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 1a. Where are the impacts associated with your project? (check all that apply): F- Wetlands V Streams -tributaries r Buffers r- Open Waters r Pond Construction 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* type * S1 Road Crossing - T Other UT to Back Creek construction access Fern -anent (F)or Ivbp label (e.g. Road Grossing Tenporary (T) 1) 3e. Stream 3f. Type of 3g. Stream 3h. Impact sqfe Type* Jurisdiction* width* length* Intermittent Both 4 11 4 Perennial (R3:� or Average (linear feet) 4 intermittent (INT) (feet) S2 Road Crossing P Culvert UT to Back Creek Intermittent Both 4 130 Nbp label (e.g. Fbad Crossing Ferrrenent (F� or Perennial (FBS or Average (linear feet) 1) Temporary (T) intermttent (IM) (feet) S3 Road Crossing P Rip Rap Fill UT to Back Creek Intermittent Both 4 12 Mfp label (e.g. Road Qossing Permanent (F) or Perennial (FBF or Average (linear feet) 1) Temporary (T) intermittent (INT) (feet) ** 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 temporary stream impacts: 11 3i. Total stream and tributary impacts: 153 3j. Comments: 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:* Impacts to the jurisdictional stream located on the subject property have been avoided and minimized to the ma)amum extent practicable; however, due to infrastructure improvements there are proposed impacts. One of the intermittent streams runs from south to north and bisects the site and will require a road crossing to access both the west and east sides of the subject property. The proposed crossing alignment has been aligned as close to 90 degrees as possible along the narrowest stream section to accommodate the necessary road width to access the subject property and culverts to accommodate the volume of water within the ebsting stream. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in the Erosion Control Plan sheet reviewed and approved by the NC Division of Land Quality and City of Charlotte. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, tree protection, clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. 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 C No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent stream impacts have been minimized to less than 150 linear feet. 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 Ia. 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 project is not located within area subject to state protected riparian buffers. However, a stormwater management plan has been developed for the project and is described below. The proposed development is located within the Catawba River basin with stormwater runoff from the proposed development draining into Back Creek. Per City of Charlotte regulations, stormwater management on this site shall meet the stormwater management performance standards for development set forth in the Charlotte Post Construction Stormwater Ordinance. The proposed project will result in a significant increase in peak flow rates to downstream properties. To mitigate these impacts, the proposed stormwater management facility has been sized such that post -development peak flow rates are no greater than pre -development levels in the 10-, and 25 -year storm events on site. The proposed stormwater wet pond and sand filter are designed as 'optimal efficiency" stormwater facilities according the Chapter 4.3 of the Charlotte -Mecklenburg BMP Design Manual (Revised July 1, 2013). The proposed stormwater facilities will provide the required 85% TSS removal as well as the 70% total Phosphorus removal required in this watershed. If the development on this tract is built as proposed within this report, then the requirements set forth in City of Charlotte regulations will be met without additional stormwater management facilities. However, modifications to the proposed development may require that this analysis be revised. 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 r" No Fant: projects that have vested rights, exemptions, or grandfathering from state or locally irrplerrented storrrwater programs or projects that satisfy state or locally -implemented storrrwater prograrrs through use of comrunity in -lieu programs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):* V Local Government F State Local Government Stormwater Programs* V Phase II r NSW F USMP F Water Supply Please identify which local government stormwater program you are using.* City of Charlotte 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 proposed project is a residential development. It is not anticipated that this project will result in additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes C 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. City of Charlotte municipal sewer system 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 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 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 any trees 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? f 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.? f Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? On May 1, 2018, McAdams requested a species list from US Fish and Wildlife (USFWS) and potential occurrences information from the NC Natural Heritage Program (NC NHP) for the project area. USFWS identified the following protected species that may occur within the boundary of the proposed project and/or affected by the proposed project: Northern Long-eared Bat (Myotis septentrionalis) — T, Carolina Heelsplitter (Lasmigona decorata) — E, Michaux!s Sumac (Rhus michaubi) — E, Schweinitz!s Sunflower (Helianthus schweinitzii) — E and Smooth Coneflower (Echinacea laevigata) — E. NC NHP reported that there were no element occurrences of these species within one mile of the project area. On June 15, 2018, Bryon Hamstead was contacted regarding the survey requirements for these species. Mr. Hamstead indicated that surveys were not required for Carolina heelsplitter and that the project occurs in location where any incidental take of Northern Long-eared Bat would be exempt under its 4(d) rule. Suitable habitat for Michaux!s Sumac, SchwelnitZs Sunflower and Smooth Coneflower is present within the sanitary sewer easement that is located within the project area. Mr. Hamstead indicated there are records for SchwelniLfs Sunflower within the project's vicinity and recommended a survey for this species during the optimal survey window. On August 28, 2018, Jennifer Burdette with McAdams conducted a survey of the sanitary sewer easement by completing two transects along the length of the easement and didn't find any of above species present. The USFWS species list also identified Bald Eagle (Haliaeetus leucocephalus) among other migratory bird species. NC NHP did not identify nests within the project are or within 660 feet of the project area. Therefore, the project is unlikely to disturb nesting bald eagles, and no Eagle Act permit is required. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* f Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The Essential Fish Habitat (EFH) Mapper (http://www.habitat.noaa.gov/protection/efh/efhmapper/) was accessed on May 1, 2018 to determine that the project will not impact Essential Fish Habitat. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: hftp://gis.ncdcr.gov/hpovfeb/ 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)? * f Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* After McAdams' request for an environmental review of the proposed project, NC SHPO issued a letter on June 5, 2018 indicating that they are aware of no historic resources that would be affected by the project. 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drop files here to attach document 2018-06-05_RECD SHPO Response_ER 18-1039_MIF-17060WTHarris&Grier.pdf 99.52KB File must 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?* f Yes r No 8c. What source(s) did you use to make the floodplain determination?* The North Carolina Flood Insurance Rate Map 3710447800J (issued March 2, 2006) was reviewed and it does not show a 100 -year flood area or floodway located on the subject property. Miscellaneous Miscellaneous attachments not previously requested. Qick the upload button or drag and drop files here to attach document 2018-05-01_RECD Asheville Ecological Services Field Office—Species List_MII+ 755.87KB 17060EWTHarris&G rier. pdf 2018-05-01_RECD NHP _MIH-17060EWTHarris&Grier.pdf 1.51MB 2018-06-15_B.HamsteadT&EEmail_MIH17060_Selwyn.pdf 747.72KB File must be RDF or KNE Signature 17 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:* Jennifer Burdette Signature CAIK Date Submitted: 9/7/2018 Initial Review ......................................................................................................................................................................................................................................................................... Is this project a public transportation project?* M C Yes r No Change only if needed. Has this project met the requirements for acceptance in to the review process?* O Yes f No BIMS # Assigned 20181240 Version#* 1 Reviewing Office* Mooresville Regional Office - (704) 663-1699 Select Project Reviewer* Alan Johnson:eads\adjohnson1 Is a payment required for this project?* r No payment required f Fee received r Fee needed - send electronic notification What amout is owed?* f $240.00 IT $570.00