20230375 Ver 1_ePCN Application_20230307

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
1/23/2023
BIMS # Assigned
20230375
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
South Gateway
la. Who is the Primary Contact?*
Amber Lipsky
1b. Primary Contact Email: *
am ber.l [e-mail]
Date Submitted
3/7/2023
Nearest Body of Water
Catawba River
Basin
Catawba
Water Classification
WS-IV: CA
Site Coordinates
Latitude:
35.2611
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Gaston
Is this a NCDMS Project
Yes No
Longitude:
-81.0227
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Amy Chapman:eads\aschapman:[e-mail]
1c. Primary Contact Phone: *
[phone]
Q
V
Is this project a public transportation project?*
Yes No

Is this a NCDOT Project?*
Yes No
1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
14 - Linear transportation
le. 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:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Emberglow Mt Holly
2b. Deed book and page no.:
2c. Contact Person:
Frank Reed
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
55 Caldwell Road
Address Line 2
City
Belmont
Postal / Zip Code
28012
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
2a. Name(s) on recorded deed:
Belmont Development Associates c/o Lat Purser & Associates, Inc
2b. Deed book and page no.:
2c. Contact Person:
Lat Purser
2d. Address
Street Address
4530 Park Road
Address Line 2
Suite 410
city
Charlotte
Postal / Zip Code
28209
2e. Telephone Number:
[phone]
2g. Email Address:*
lat. [e-mail]
2a. Name(s) on recorded deed:
Regional Developers
2b. Deed book and page no.:
2c. Contact Person:
Charles Saleh
2d. Address
Street Address
6200 Glynmoor Lakes Drive
Address Line 2
City
Charlotte
Postal / Zip Code
28277
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
The Southern Benedictine Society of North Carolina
2b. Deed book and page no.:
2c. Contact Person:
Placid Solari
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:

2d. Address
Street Address
100 Belmont -Mt Holly Road
Address Line 2
City
Belmont
Postal / Zip Code
28012
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Textum Weaving Inc c/o Feinberg Enterprises
2b. Deed book and page no
2c. Contact Person:
Aaron Feinberg
2d.Address
Street Address
3 Caldwell Drive
Address Line 2
City
Belmont
Postal / Zip Code
28012
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Miles Braswell
3b. Business Name:
City of Mount Holly
3c.Address
Street Address
400 E Central Ave
Address Line 2
City
Mount Holly
Postal / Zip Code
28120
3d. Telephone Number:
[phone]
3f. Email Address:
miles. braswell@mtholly. us
4. Agent/Consultant (if applicable)
4a. Name:
Amber Lipsky
4b. Business Name:
Wetlands & Environmental Planning Group, PLLC
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:

4c. Address
Street Address
10612-D Providence Road
Address Line 2
PMB 550
city
Charlotte
Postal / Zip Code
28277
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Mount Holly
2. Project Identification
2a. Property Identification Number:
300853, 212802, 226178, 226181, 226180,
226182,184762,184772,226180
2c. Project Address
Street Address
Address Line 2
city
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Catawba River
3b. Water Resources Classification of nearest receiving water:
WS-IV; CA
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011405
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
14.2
State / Province / Region
Country
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 site is located just south of YMCA Drive, just east of Beatty Drive, and just north of Caldwell Drive in Gaston County, North Carolina. The study area is a planned new road corridor
connecting YMCA Drive to Caldwell Drive. The topography consists of gentle slopes with the elevation ranging from 620 to 640 ft. Most of the site is covered by a disturbed mixed
hardwood forest except for two utility rights -of -ways.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
453
4h. Explain the purpose of the proposed project:*
The project proposes one road crossing for the construction of a connector road.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
5. Jurisdictional Determinations

5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-00729
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
This site was verified by K. Stygar (USACE) on 3/30/22. A copy of the signed JD approval is included in the Jurisdictional Determination Information section.
6. Future Project Plans
6a. Is this a phased project?*
Yes 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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
r1
-
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
(?)
Jurisdiction*
length*
S1
Ro9ad Crossing
Permanent
Culvert
Stream A
Perennial
Corps
160
Average (feet)
(linear feet)
S2
Road Crossing
Permanent
Rip Rap Fill
Stream A
Perennial
Corps
30
Averege (feet)
(linear feet)
S3
Road Crossing
Temporary
Workpad/Causeway :]Stream
A
Perennial
Corps
40
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
190 40
3i. Total stream and ditch impacts:
230
3j. Comments:
S 1- 0.033 AC
S2- 0.006 AC, no loss impact
S3- 0.008 AC
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access
routes. Multi -use pathways have been limited to only one side of the road crossing and, with permission from the City, retaining walls are being used and
a smaller vertical curve K values than in City ordinances to reduce impacts further. The applicant has demonstrated avoidance and minimization efforts
by limiting impacts to one crossing avoiding 65 % of onsite streams.
0

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts.
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 No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
160
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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?
Yes No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
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?
Yes No
N/A - project disturbs < 1 acre
Comments:
In addition to the stream pipe, the site includes roadside ditches and crossing pipes to match the existing stormwater drainage pattern. Roadside ditches will be used to drain to low points
and the pipe under the road will discharge the water to its natural conditions.
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?
Yes No
1b. 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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments:*
Proposed project does not trigger SEPA requirements. The project will not use federal funds and as such does not trigger NEPA requirements, either.
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)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
No additional phases proposed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No 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?
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes 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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared
bat but the project is exempt as described in the attached T&E report. This report was submitted to FWS and their response is included in this package
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
No essential fish habitat in this region.
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 status?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: https://nc.maps.arcgis.com/
Report from R.S. Webb & Associates
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8c. What source(s) did you use to make the floodplain determination?
www.fema.gov
https://gis.gastongov.com/Map/Default.aspx

Miscellaneous
0
u
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
South Gateway PCN.pdf 8.71 MB
File must be PDF or KMZ
Comments
A complete PCN package is attached.
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• 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:
Amber Lipsky
Signature
Date
3/7/2023
O