20211763 Ver 1_ePCN Application_20211206

DW R
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*
20211763
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:
2100 Simplicity Road
1a. Who is the Primary Contact?*
Carolina Wetland Services; POC: Aliisa Harjuniemi
1 b. Primary Contact Email:
[e-mail]
Date Submitted
12/6/2021
Nearest Body of Water
Cold Water Creek
Basin
Yadkin-PeeDee
Water Classification
Class C
Site Coordinates
Latitude:
35.335875'
A. Processing Information
County (or Counties) where the project is located:
Cabarrus
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Pre -Filing Meeting Information
Longitude:
-80.540415'
Version# *
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
[phone]
u
Is this a courtesy copy notification?*
Yes No

ID#
Version
Pre -fling Meeting or Request Date
10/20/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form (25).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
39 - Commercial/Institutional 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:
William and Suzan Craig
2b. Deed book and page no.:
10S.16KB
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2c. Contact Person:

2d.Address
Street Address
2100 Simplicity Road
Address Line 2
City
Concord
Postal / Zip Code
28025
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Daniel Brea
3b. Business Name:
Sealand Contractors Corp.
3c.Address
Street Address
1708 N. Caldwell St.
Address Line 2
City
Charlotte
Postal / Zip Code
28206
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Aliisa Harjuniemi
4b. Business Name:
Carolina Wetland Services, Inc.
4c.Address
Street Address
550 E Westinghouse Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28273
4d. Telephone Number:
[phone]
411'. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Proiect Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Concord
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
U

2a. Property Identification Number:
11-060-0001.00
2b. Property size:
43
2c. Project Address
Street Address
2100 Simplicity Road
Address Line 2
City
Concord
Postal / Zip Code
28025
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Cold Water Creek
3b. Water Resources Classification of nearest receiving water:*
Class 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.
4. Project Description and History
State / Province / Region
NC
Country
USA
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 2100 Simplicity Road site is approximately 43 acres in extent and is located east/southeast of the Simplicity Road and Cedar Ridge Lane intersection in Cabarrus County, North
Carolina (Figure 1, Attachment A). The project area consists of undeveloped forest, scrub/shrub areas, and dirt roads. On -site elevations range from 530-590 feet above mean sea level
(Figure 2). Land cover within the project area consists of deciduous forest, mixed forest, and scrub/shrub areas (Figure 3). The surrounding land use consist of agricultural land and single-
family houses.
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:
214 If perennial stream
4h. Explain the purpose of the proposed project: *
CWS was contracted by Sealand Contractors Corp. to identify potentially jurisdictional waters within the review area. During the site visit, CWS observed a recently constructed stream
crossing. Based on the conversation with the property owner, no Section 404/401 permits had been obtained as the owner was not aware the feature would be regulated by USACE or
DEQ. Sealand Contractors intend to use the property to place the excess soil/dirt, while the property owner intends to convert this area for a pasture. The soil/dirt placed on the property
would help to bring the grade more even. The impacts include approximately 115 If permanent impacts due to culvert, and 200 If temporary impacts due to construction disturbance and
stabilization.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
CWS is submitting an After -the -Fact Pre -Construction Notification pursuant to Nationwide Permit No. 39 to the U.S. Army Corps of Engineers and North Carolina Department of
Environmental Quality for the impacts to the jurisdictional waters of the U.S.
The occurred impacts include approximately 115 If permanent impacts due to culvert (S1), and 200 If temporary impacts due to construction disturbance (S2). The disturbed stream reach
will be restored through sloping, matting, seeding, and live staking.
The corrective action plan is described in the Attachment D. The Erosion and Sedinment Control plan is included as Attachment E.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
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-2021-02476
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Unknown
Agency/Consultant Company: CWS, Inc.

Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Preliminary Jurisditional Determination; SAW-2021-02476, dated 11.19.21
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
❑
S1
3a. Reason for impact (?)
Culvert
3b.lmpact type*
Permanent
3c. Type of impact* �ff.name*
Culvert
��3e.
Stream A
Stream Type*
Perennial
3f. Type of
Jurisdiction*
Corps
3g. S. width*
Average (feet)
31h. Impact
length
115
(linear feet)
S2
Stabilization
Temporary
Stabilization
-Stream—ftream A
ff:::7�Corps
Average (feet)
200
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
115
31. Total stream and ditch impacts:
315
3j. Comments:
The loss of waters total 115 If.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
200
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The property owner initially planned on piping the entire stream within the property for a pasture. However, once the owners found out that the stream
within the propoerty is classified as jurisdictional, further plans to pipe the chanel were canceled. The disturbed stream reach up- and downstream from
the installed culvert will be restored through sloping, matting, seeding, and live staking.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters (Attachment E). Silt fence will be installed
around the jurisdictional features, outside of the avoided wetlands and streams. All work will be constructed in the dry and all temporary fill will be
removed following the work.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The loss of stream channel totals 115 If (0.01 acre) and is below the mitigation tresholds.
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
U

If no, explain why:
The project is not adjacent to riparian buffers.
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
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/statellocal) funds or the use of public (federallstate) 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
2b Provide an explanation of the violation(s):
CWS was contracted by Sealand Contractors Corp. to identify potentially jurisdictional waters within the review area. During the site visit, CWS observed
a recently constructed stream crossing. Based on
the conversation with the property owner, no Section 404/401 permits had been obtained as the owner was not aware the feature would be regulated by
USACE or DEQ. Sealand Contractors intend to use the property to place the excess soil/dirt, while the property owner intends to convert this area for a
pasture. The soil/dirt placed on the property would help to bring the grade more even. Therefore, CWS is submitting an After -the -Fact Pre -Construction
Notification pursuant to Nationwide Permit No. 39 to the U.S. Army Corps of Engineers and North Carolina Department of Environmental Quality for the
impacts to the jurisdictional waters of the U.S. The impacts include approximately 115 If permanent impacts due to culvert, and 200 If temporary impacts
due to construction disturbance and stabilization.
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 project will not result in foreseeable cumulative impacts.
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
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?
To determine which protected species are listed as occurring or potentially occurring within the project vicinity, and prior to conducting the on -site field
investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of Concern by
County for North Carolina online database for Cabarrus County. The results of the desktop review and habitat assessment are included in the Protected
Species Assessment Report (Attachment G).
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?
https://www.fisheries. noaa.gov/resou rce/map/essential-fish-habitat-mapper
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?*
A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on November 2, 2021 to determine the presence of any areas of
architectural, historic, or archaeological significance that would be affected by the project. CWS also consulted the SHPO online GIB service. The search
indicated there are no known historical structures, buildings, sites, or districts existing within the project limits (Attachment H). As of date of this submittal
no response have been received from SHPO.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
The project will not result in above ground fill within the FEMA floodplain.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Firm Nos. 3710553800K, 3710553700K, 3710554800K, and 3710554700K.
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
2100 Simplicity Road —Cover Letter and Attachments.pdf 12MB
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:
Miss Harjuniemi
Signature
Date
12/6/2021