20201208 Ver 1_401 Application_20201026

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned
20201208
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Mooresville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Griffith Lakes Phase 1
1a. Who is the Primary Contact?*
Daniel Kuefler
1b. Primary Contact Email:*
d a n ie I. kuefle r@wetl and-epg. com
Date Submitted
10/26/2020
Nearest Body of Water
Mallard Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.3273-80.8222
Pre -Filing Meeting Information
ID#
20201208
Pre -fling Meeting or Request Date*
9/18/2020
Attach documentation of Pre -Filing Meeting Request here:*
Griffith Pre-App notice.pdf
Version#*
1
What amout is owed?*
r $240.00
r $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
[phone]
Version
1
55.95KB
A. Processing Information C^U
County (or Counties) where the project is located:
Mecklenburg

Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
la. Types) of approval sought from the Corps:
W 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 permits) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
rJ 401 Water Quality Certification - Regular
F Non-404 Jurisdictional General Permit
r Individual Permit
to. 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:
r- 401 Water Quality Certification - Epress
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
ILF_duplicate.pdf
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r- Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Harris Woods LLC
2b. Deed book and page no.:
2c. Responsible party:
James Griffith
2d.Address
351.46KB
*
r Yes r No
r Yes r No

Street Address
1944 Brunswick Ave, Ste 2A
Address tine 2
City
Charlotte
Postal / Zip Code
28207
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Dan Rossi
3b. Business Name:
Toll Brothers
3c.Address
Street Address
14529 Grand Palisades Parkway
Address tine 2
city
Charlotte
Postal / Zip Code
28278
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Daniel Kuefler
4b. Business Name:
Wetlands & Environmental Planning Group
4c.Address
Street Address
10612-D Providence Rd
Address Line 2
PMB 550
aty
Charlotte NC
Postal / Zip Code
28277
4d. Telephone Number:
[phone]
41'. Email Address:*
heath. caldwell@wetla nds-epg.com
Agent Authorization Letter*
Agent _duplicate.pdf
State / Rwince / Rion
NC
Country
USA
2f. Fax Number:
Slate / Rwince / Region
NC
Country
USA
3e. Fax Number:
Slate / Province / Piegion
NC
Country
USA
4e. Fax Number:
163.28KB
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(i appropriate)
1c. Nearest municipality I town:
Charlotte

2. Project Identification
2a. Property Identification Number: 2b. Property size:
04306202,04323294,04324101,04306209 399
2c. Project Address
Street Address
SE of intersection of Old Statesville Rd and West W.T. Harris Blvd
Address Line 2
City State / Rovince / Rion
Charlotte NC
Fbstal / Zip Code Cbuntry
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Mallard Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located
030401050103
4. Project Description and History
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 almost entirely covered with disturbed successional moods on slopes and stream corridors. There are three open water ponds on site, and
it is laced with gravel and dirt roads and trails. The topography is gently to moderately sloped with the elevation ranging from 730 to 830ft.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r- Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2019-01091
Project History Upload
4d. 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)
USGS_duplicate.pdf 328.12KB
4e. 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)
Soils_duplicate.pdf 274.07KB
4f. List the total estimated acreage of all existing wetlands on the property:
4.63
4g. List the total estimated linear feet of all existing streams on the property:
8503
4h. Explain the purpose of the proposed project:*
The project consists of 2 road crossings, utility installation & BMPs for Phase 1 of a residential subdivision
41. 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.
4j. Please upload project drawings for the proposed project.
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?*
r Preliminary r Approved r^ Not Verified r Unknown f N/A
Corps AID Number:
SAW-2019-01091
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
The site was field -verified by USACE (David Shaeffer) on 9/20/19 and NCDEQ (Alan Johnson) on 5/8/19. A copy of the signed JD is attached.
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes O No
7b. If yes, explain.
Phase 1 includes permanent impacts required for 2 road crossings required to develop/access phase 1 of a residential
development. Future phases will include additional crossings to be designed/permitted, as shown on the attached plans.
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):
W Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
a. Site #* (?) 2at Reason (?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact
Jurisdicition*(?) area*
V1 Eavation T Bottomland Hardwood Forest Wetland Z =Fps__
0.002
(acres)
2g. Total Temporary Wetland Impact
0.002
2g. Total Wetland Impact
0.002
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.000
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact *
3d. S. name *
3e. Stream Type *
3f. Type of
3h. Impact
❑
(?)
]3g.S.width*
Jurisdiction*
length*
S1
CrossingPermanent
Culvert
Stream X
Perennial
Corps
3
92
Average (feet)
(linearfeet)
g2
Crossing
Permanent
Rip Rap Fill
Stream X
Perennial
Corps
3
38
Average (feet)
(linearfeet)
S3
Crossing
Temporary
Workpad/Causeway
Stream X
Perennial
Corps
3
20
Average (feet)
(lir�rfeet)
�
CrossingPermanent
Culvert JreamX
Perennial
Corps
p
3
72
Average (feet)
(linearfeet)
S5
Crossing
Permanent
Rip Rap Fill
Stream X
Perennial
Corps
3
38
Average (feet)
(liriearfeet)
S6
Crossing
Temporary
Workpad/Causeway
Stream X
Perennial
Corps
3
20
Average (feet)
(liriearfeet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
240
3i. Total temporary stream impacts:
40

31. Total stream and ditch impacts:
280
3j. Comments:
E. Impact Justification and Mitigation U
1. Avoidance and Minimization
1a. 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, location, design, and location/orientation of the proposed
lots and access routes. Headwalls and large box culverts are used to keep the crossings as narrowas possible. Crossing A is located per
connectivity requirements with WT Harris Blvd and Crossing F was located strategically at a narrow, straight stream reach to minimize impacts.
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 onsite/adjacent offsite receiving conveyances.
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):
V DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
F Mitigation bank W Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r- No
4b. Stream mitigation requested:
(linear feet)
240
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:
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
r- Yes f No
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?
r- Yes r 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?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r 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?

r Yes r No
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
P Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
City of Charlotte
Comments:
A stormwater plan has not yet been submitted to the City of Charlotte but is being prepared to meet their criteria.
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?*
r 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)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
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.
Wastewater on site will be transported to the nearest facility via sewer lines.
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 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?
r Yes r No
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?
Please refer to the attached TSE report
Consultation Documentation Upload

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?*
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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A cultural resources study was conducted in which no cultural resources were identified on site - please refer to the attached report.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?
*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
No grading/ will occur in the floodplain.
8c. What source(s) did you use to make the floodplain determination?*
hftps://msc.fema.gov/poftal/hom-
Miscellaneous
Comments
A complete PCN packet is attached, including cover letter, forms, photos, T&E report, Cultural Resources Report, and previous 404 Approvals. Please note that this PCN has already
been submitted to, and received by, the USACE.
Miscellaneous attachments not previously requested.
Griffith Lakes Phase1 PCN 100920.pdf
Signature
W By checking the box and signing below, I certify that:
12.74MB
• 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:
Daniel Kuefler
Signature
0r'1161.—O
Date
10/26/2020

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Dan Rossi
Toll Brothers, Inc
14529 Grand Palisades Parkway
Charlotte, NC 28277
NORTH CAROLINA
Environmental Quality
October 6, 2020
Expiration of Acceptance: 4/6/2021
Project: Griffith Lakes- Phase 1 County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Yadkin
03040105
Warm Stream
240
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly. [e-mail].
cc: Daniel Kuefler, agent
Sincerely,
AvJames. B Stanfill
Asset Management Supervisor
NORTHCAROLINAD_E I
DwW al Envimnwn%1Quay
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

Wetlands and Environmental Planning Group
Agent Authorization Letter
Leonard S. Rindner, PLLC.
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Lindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Griffith Lakes
Property Address: NE of intersection of Pete Brown Rd & Old Statesville Rd, Charlotte, NC
Parcel Identification Number (PIN): 04306202
Select one: I am an interested buyerlseller
Nance: Dan Rossi
Company: Toll Brothers Inc
Mailing Address: 14529 Grand Palisades Parkway Charlotte, NC 28278
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
Owner l
I Other
* The Interested Buyeil01her acknowledges that an agreement andlw• formal contract to purchase andlor conduct
dire diligence activities exists behveen the current property owner- and the signatory of this authorization in cases
inhere the property is not owned by the signatory.
Charlotte Office: www.wetlands-epg.com Asheville Office:
I0617-p Providence Rd. 1070 Tunnel Rd., Bldg.
PM8 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone]
len.rindner c wetlands-epg.com

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NRCS Soil Survey Manuscript 1 �,
Mecklenburg County 1980
Acres: GRIFFITH LAKES Prepared for:
+/- 399 Mecklenburg Co., INC
FIGURE -
NRCS PUBLISHED SOILS MAP Drawn By: Reviewed By:
4 9124120 Subject toUSACE/NCDEQverification BLK DC<

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LOCATION •�� '�, ti % l • r �_
Lat: 35.3273 °N SCALE
QUAD 000 USGS ,Q�`
Long:-80.8222 °W 1:24E 6
HUC: 03040105 ACRES Derita, NC ,� • •
ti
UPPER ROCKY RIVER 396.29 1993 `r,
•� L �deage 13d`
Acres: GRIFFITH LAKES Prepared for:
+/- 399 Mecklenburg Co., NC
FIGURE
USGS MAP Drawn By: Reviewed By:
3 9/24/20 Subject toUSACE/NCDEQverification BLK DCK