20211565 Ver 1_ePCN Application_20211028

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mrlsloa of ware. Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
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.
BIMS # Assigned*
20211565
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
1a. Name of project:
Toomey Avenue Multi -Family
la. Who is the Primary Contact?*
Jennifer Burdette
1 b. Primary Contact Email:
[e-mail]
Date Submitted
10/28/2021
Nearest Body of Water
Irwin Creek
Basin
Catawba
Water Classification
C; NSW
Site Coordinates
Latitude:
35.212112
A. Processing Information
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Pre -Filing Meeting Information
Longitude:
-80.870633
Version# *
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
Yes No

ID#
Version
Pre -fling Meeting or Request Date
9/13/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
Pre -Filing Time Clock has been reached for Toomey Site - Ver .pdf
File type must be PDF
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
1 b. 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
29 - Residential Developments
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
1 h. 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:
704 West Tremont Owner, LLC
2b. Deed book and page no.:
DB 36342 PG 282 & DB 36342 PG 290
2c. Contact Person:
Garland Faist
252.73KB
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d.Address
Street Address
4445 Willard Ave, Ste 900
Address Line 2
City
Chevy Chase
Postal / Zip Code
20815
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
2213/2218 Toomey Avenue Owner, LLC
2b. Deed book and page no.:
DB 35315 PG 627
2c. Contact Person:
Garland Faist
2d.Address
Street Address
4445 Willard Ave, Ste 900
Address Line 2
City
Chevy Chase
Postal / Zip Code
20815
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Mason Ellerbe
3b. Business Name:
Abacus Capital
3c.Address
Street Address
1200 E Morehead St Ste280
Address Line 2
City
Charlotte
Postal / Zip Code
28204
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Burdette
4b. Business Name:
Natural Resource Consultants
State / Province / Region
MD
Country
USA
2f. Fax Number:
State / Province / Region
MD
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:

4c.Address
Street Address
10212 Creedmoor Rd
Address Line 2
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
NA
1c. Nearest municipality / town:
Charlotte
2. Project Identification
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
11906424, 11906429, 11906417, 11906420 &
2b. Property size:
11906428
9
2c. Project Address
Street Address
2207, 2213, 2301 & 2315 Toomey Ave & 704 W Tremont Avenue
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Irwin Creek
3b. Water Resources Classification of nearest receiving water:*
C; NSW
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030101
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: *
This 9-acre project site is located southwest of downtown Charlotte. It includes four businesses. One is in a former single-family residence with a maintained yard and hardwood forest.
Successional mixed hardwood/ pine occupies the area along the northeast property boundary. Land use in the vicinity of the project consists of industrial, commercial, single-family
residences and multi -family developments.
Figure 1 depicts the location of the project area on the US Geological Survey (USGS) Charlotte East, NC 7.5-minute quadrangle topographic map. Figure 2 shows the location of the
project area on the Web Soil Survey map. Figure 3 depicts the subject property on an aerial photograph of the area.
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:
0.009
4g. List the total estimated linear feet of all existing streams on the property:
570
4h. Explain the purpose of the proposed project:
The purpose of the project is to construct a multi -family development to serve the current and future residents of Charlotte.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project is a mixed -use development consisting of three 4-story, multi -family residential buildings with 306 units, a renovated office building, and approximately 6,100 SF of retail space.
Necessary infrastructure and residential amenities include surface parking, underground stormwater detention, a pool courtyard area, and outdoor recreation area. Two stream segments
and one jurisdictional wetland will be filled to construct the project. A non -jurisdictional and DWR isolated wetland will be filled (0.057 ac) to provide surface parking area for the
development. The attached Impact Map Set (EX-1 - EX-7) shows the existing conditions, overall Impact overview and insets for each impact area.
Heavy equipment typical for road construction, utility installation and grading will be used to construct the proposed project such as track hoes, bulldozers, dump trucks and graders.
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-2021-00143
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jennifer Burdette
Agency/Consultant Company: McAdams (formerly)
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The attached Approved Jurisdictional Determination was issued on 3/17/2021. An additional, small parcel was added at the corner of Toomey Avenue and W. Tremont. The parcel is
currently a convenience market that does not contain jurisdictional areas.
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
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
2g.Impact
area
ff7l
Mass grading
P
Non -Tidal Freshwater Marsh
W2
No
Both
0.005
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.005
2g. Total Wetland Impact
0.005
21. Comments:
WP-2 (0.057 ac) is a nonjurisdictional and DWR isolated wetland. This impact is covered by the State General Permit for Impacts to Isolated and Other
Non404 Jurisdictional Wetlands and Surface Waters (Permit Number IWGP100000).
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
r3e,_ Stream Type*
3f. Type of
Jurisdiction*
3gSwidth*
3h. Impact
length*
S1
Mass grading
9 9
Permanent
Fill
S1
Perennial
Both
8
Average (feet)
104
Qinear feet)

52 Mass grading Permanent Fill S2 Perennial Both �;;Qtl
ear (eet)
—]
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
192
3i. Total stream and ditch impacts:
192
3j. Comments:
The total area of stream impacted is 0.029 ac.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Abacus Capital obtained a delineation and verification ofjurisdictional waters prior to designing the site plan to avoid and minimize impacts to these
resources to maximum extent practicable for urban development. There are three separate segments of a perennial stream, one jurisdictional wetland
and one nonjurisdictional, isolated wetland on the site. All three stream segments and both wetlands are significantly degraded and rated as low quality
using NCSAM and NCWAM. Rating sheets and results of these assessments were provided as part of the Jurisdictional Determination request. Mr.
Brian Roden -Reynolds, USACE conducted a site visit on March 10, 2021 and concurred with the assessment results.
Stream segment S1 extends into the development and could not be avoided. Minimizing the impact to S1 would not leave a viable length of stream.
Stream segment S2 also extends into the development. The lower portion of this segment could not be avoided but the upper portion of this segment will
not be impacted. An existing culvert separating S2 from S3, which will not be impacted, will be removed. Approximately 60 linear feet of stream channel
will be daylighted joining the upper portion of S2 and S3. Streambanks will be stabilized and planted with primarily native plant species. The planting
plan for the development is attached. Construction debris and trash will be removed from the avoided stream segments.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A Sediment and Erosion Control Plan for the project will be developed and approved by the City of Charlotte, and the project will comply with the
supplementary NPDES Construction Stormwater Permit (NCG010000). A pump around plan will be used to ensure that stream work will be completed in
the dry.
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)
192
4d. Buffer mitigation requested (DWR only):
(square feet)
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
0.005
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
4h. Comments
Based on the low quality of the streams and wetland that are proposed to be impacted and compensatory mitigation only available outside the
watershed, mitigation is proposed at a 3:1 ratio.
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.
Yes
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?
Yes No
If no, explain why:
There is no State riparian buffer on the site.
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
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Charlotte
Comments:
This project is subject to the City of Charlotte's Post Construction Stormwater Ordinance (PCSO). The project is in an area designated as a Distressed Business District within the City of
Charlotte. This project is meeting the requirements of the ordinance by providing volume reduction in the one year storm, and flowrate reduction (detention) in the two-year, ten-year, and
25-year storm events. These reductions are comparing the post -project to pre -project volumes and flow rates computed on the site, and should prevent future flooding and degradation of
the receiving channel by controlling velocities in the channel during these design storm events.
The existing property is currently occupied by a couple of industrial style buildings, one single family house, and a small retail convenience store. The site has a variety of existing cover
conditions, including buildings, paved surfaces, large gravel areas, and large sparsely vegetated areas. There are no existing stormwater controls present on site to control the existing
impervious surfaces. The proposed storm water controls model the majority of the site as having existing cover conditions of 50 % open and 50 % wooded as the baseline (pre -
development) condition. However, as noted, a large area of the site is gravel or sparsely vegetated. This results in the computed pre -project target flowrate (and velocity) being less than
the actual pre -project flowrate (and velocity). Additionally, the PCSO requires that we provided additional measures to detain the channel protection volume to further mitigate erosive
velocities. That said, the runoff from the proposed condition should be improved over the existing 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
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.
The proposed project is mixed -use development that is not anticipated to result in additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No 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.
The project will be connected to the City of Charlotte's sanitary 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?
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
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
Unknown
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 protected species assessment was submitted to USFWS on September 17, 2021. The attached USFWS letter dated October 15, 2021 indicates their
concurrence with a "may affect, not likely to adversely affect" determination for Michaux's sumac, Schweinitz's sunflower, and smooth coneflower and
that suitable habitat for Carolina heelsplitter is not present.
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?
Essential Fish Habitat Mapper (https://www.habitat.noaa.gov/apps/efhmapper/efhreport/) accessed October 18, 2021
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?*
According to HPOWEB 2.0, the project is located adjacent to the Wilmore Local Historic District 2010 (MK3252). An environmental review request was
submitted on September 27, 2021. SHPO's response will be provided upon receipt.
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?*
FIRM Map Number 3710454300L, effective 9/2/2015
Miscellaneous
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
Toomey PCN Attachments.pdf 15.84MB
File must be PDF or KMZ
Comments
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:
Jennifer Burdette
Signature
Cl9AW01b 0&1�
Date
10/28/2021