20220125 Ver 1_ePCN Application_20220102

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
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* Version#*
20220125 1
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
What amout is owed? *
$240.00
$570.00
Select Project Reviewer*
Doug Perez:eads\djperez
la. Name of project:
Blakeney Racquet & Swim Club
la. Who is the Primary Contact?*
Chad Ponce
1 b. Primary Contact Email: * lc. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
1/24/2022
Nearest Body of Water
Six Mile Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.025272
A. Processing Information
Longitude:
-80.808017
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
la. 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)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
B. Applicant Information
ld. 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:
Berhe Tennis, Inc.
2b. Deed book and page no.:
31333-272
2c. Contact Person:
Berhe Serekeberhan
2d. Address
Street Address
10607 Rea Rd
Address Line 2
City State / Province / Region
Charlotte North Carolina
Postal / Zip Code Country
28277 United States
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]

4. Agent/Consultant (if applicable)
4a. Name:
Chad Ponce
4b. Business Name:
SynTerra
4c. Address
Street Address
148 River Street, Suite 220
Address Line 2
City
Greenville
Postal / Zip Code
29601
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
South Carolina
Country
United States
4e. Fax Number:
1. Project Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Charlotte
2. Project Identification
2a. Property Identification Number:
22940196
2b. Property size:
16.17
2c. Project Address
Street Address
10607 Rea Rd
Address Line 2
City State / Province / Region
Charlotte North Carolina
Postal / Zip Code Country
28277 United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Six Mile Creek
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030203
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 western portion of the property along Rea Road is developed as a racquet and swim club with tennis courts and a pool. The remainder of the site is mostly forested with hardwoods.
Land use in the vicinity of the site is residential and commercial.
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:
4.32
4g. List the total estimated linear feet of all existing streams on the property:
0

4h. Explain the purpose of the proposed project:*
This ePCN is related to after -the -fact permitting for wetland impacts. Over the course of development at the site, beginning in 2006 and most recently in 2018, wetlands at the site have
been impacted. The wetland impacts were inadvertently cumulatively greater than PCN thresholds and therefore should have been permitted. The owner would like to permit these past
impacts in order to come into compliance with all appropriate authorities.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Over the course of development at the site, beginning in 2006 and most recently in 2018, wetlands at the site have been impacted. Historical wetlands at the site (4.62 acres) are based on
the approved JD issued on January 24, 2003 (see attached "BRCsignedsurvey" and "BRC COE letter"). The BRCsignedsurvey shows that the site had 4.62 acres of wetlands prior to
development. Site design as-builts were superimposed over the historical wetlands to determine area of impact. The wetland impacts due to site development are 0.3 acres of forested
wetlands (see attached "Historical Wetland Impacts Map"). The site has approximately 4.32 acres of wetland remaining.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
200231419
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
Leonard S. Rinder, PWS
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
Owner intends to install additional facilities in non -wetland areas
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?
not planned
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W-1
Site Development
P
Hardwood Flat
wetland 1
Yes
Both
0.160
(acres)
W-2
Site Development
P
Hardwood Flat
wetland 2
Yes
Both
0.050
(acres)
W-3
Site Development
P
Hardwood Flat
wetland 3
Yes
Both
0.090
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.300
2i. Comments:
E. Impact Justification and Mitigation
2g. Total Permanent Wetland Impact
0.300

1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Site was designed to be developed in the non -wetland portion of the property along Rea Rd. Wetland disturbance was intended to be minimal and under
PCN thresholds.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Wetlands were avoided where possible. Small areas of wetland impacts were unintentional or unavoidable.
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: 4c. If using stream mitigation, what is the stream temperature:
(linear feet)
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet) (acres)
4f. Non -riparian wetland mitigation requested:
(acres)
0.3
4h. Comments
4g. Coastal (tidal) wetland mitigation requested:
(acres)
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. 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:
Site is not within 50 feet of the Catawba mainstem
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:
G. Supplementary Information
1. Environmental Documentation

la. 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
2b Provide an explanation of the violation(s):
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.
Owner intends to install additional facilities in non -wetland areas
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
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
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?
USFWS IPaC
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?*
http://gis.ncdcr.gov/hpoweb/
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:
A floodplain development permit was obtained
8c. What source(s) did you use to make the floodplain determination?*
https://msc.fema.gov/portal/search#searchresultsanchor
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
BRC COE letter.pdf 52.3KB
BRCsignedsurvey.pdf 585.85KB
Historical Wetland Impacts Map.pdf 378.77KB
ORM1.pdf 102.51KB
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:
Thomas Chad Ponce
Signature
Date
1/24/2022

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200231419 County: Mecklenburg
Waters of the U.S. Survey/DelineationVerification
Property owner/Authorized Agent: Marshall Properties — Real Estate Dev. & Construction
Address: P.O. Box 473456
Charlotte, NC 28247
Telephone Number:
Size and Location of Property (waterbody, Highway name/number, town, etc.):
Approx. 16 acre tract adjacent to Sixmile Creek — Rea Road
Indicate Which of the following apply:
There are waters of the U.S. on the above described property which have been accurately
flagged/delineated. We recommend that the delineated lines be surveyed. The surveyed
lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
x The submitted survey plat dated 11/07/2002 for the above referenced property
accurately reflects the limits of waters of the U.S. on the property. Unless there is a
change in the law or our published regulations, this determination may be relied upon for
a period not to exceed 5 years from the date of this notice.
Placement of dredged or fill material in waters othe U.S. on this property without a Department
of the Army permit is in most cases a violation of Section 301 of the Clean. Water Act (33 USC
1311). A peiinit is not required for work on the property restricted entirely to existing high
ground. If yoij have any questions regarding the Corps of Engineers regulatory program, please
contact:
Steve Chapin at [phone] x5
Project Manager Signature
Date January 24, 2003

/
I-77
I--, 485
BALLA PARKWA COMMONS
ARDREY —
KELL ROAD
N!ot To Scale
Notes:
US 74
BRYANT FARMS
ROAD
�.ctl
oo"
NORTH
1. The deed far this property was withqut a metes and bounds
description and only made reference to an unrecorded plat' by John
R. Yarbrough $c Associates, In. dated July 31, 1986, lqst revised
September 30, 1987. This property is subject to the q
non, -exclusive easement for pedestrian and vehicular ingress,
egress and regress as shown on the above mentioned plat. After
repeated attempts to obtain this plat by mg this plot could not
be found by Jphn R. Yarbrough & Associate, Inc. The property
lines were taken from a Schematic site plan by Site Design Studio.
Clayton Properties was informed of this situation by me. Reference
DB 1064Q-185.
2. Mecklenburg County Tax ID 22940196.
3. Rea Road Right of Woy taken from the NCDOT plans,- project
reference 9.8100352.
4. Wetlands located by Leonard S. Rindner, PWS, 704,846-*0461...
5. 0.1 line, 0.5 tine Six Mile Creek and contours taken from
County GIS.
6. Longitude and latitude scaled from USGS map.
LEGEND:
EIP•=
NIP 0 =
NPSI =
R/W21)
—
MBSL =
ESMT =
0
Existing Iron Pin
New Iron Pin
No Point Set
Right Of Way
Power Pole
Minimum Building
Setback Line
Easement
Sanitary Sewer Manhole
I,.ot 8
/
Lan den Meadows
Phase 2—C
MB 25-490
Lot 7
/
ti
NCDOT Aluminum
R/W Monument
n
4!
S39'22'40'W
135.54' to EIP
/
rn ^ ,. ''' .•- 25' Fixed `" \
Upland Zone
-� .,... 45' Managed Use Zone
/
II
J
NCDOT Aluminum
R/W Monument
Top of Bank
M
U
0)
Line
Token
From
•
County -GIS
ORAPHIC SCALE
100
CP
Mecklenburg County DB 8562-335
200
/ cc>5,
�J
Mecklenburg County
Monument 954
/
/
/�,
c.),
ro ,f
ca
vG� Approximate Location of •
1 Q-...,. '
Q Year Flood
WETLAND CERTIFICATION
This certifies that this copy of this plat accurately depicts the boundary of jurisdiction of Section 404 of the Clean Water Act as determined by the
undersigned on this date. Unless there is a change in the law of our published regulations this determination of Section 404 jurisdiction be relied
upon for a period not to exceed five (5) years from this date. This determination was made utilizing the 1987 Corps of Engineers Wetland
Delineation Manual.
Name:
Title:
Date:
/o3
NCDOT Aluminum
R/W Monument
____ 0.1 Floodway Line
•
•
•
•
•
•
•
•
57
•
•
•
4.62 AeRES of WETLANDS
0.
Unless stated otherwise hereon. this survey was
prepared without the benefit of an Abstract of Title.
No liability is assumed by the undersigned for loss
relating to any matter thot might be discovered by an
Abstract of Title or a Title Search of the property.
The Premises shown and described hereon are subject to
any existing eosements, right—of—ways, restrictions, and
setback lines whether or not they ore shown on plot
hereon or whether or not they ore recorded in public
records. No liability is assumed by the undersigned for
any loss that may be associated with the existence of
any encumbrances to the Premises not shown.
LINE TABLE
LINE
LENGTH
BEARING
L2
35.02
S83°27'24'W
L5
58.33
N49°26'07'W
1418.79' total
I, Richard Boyd Brooks, certify that this plot was drawn under my supervision from an actual survey
made under my supervision, (deed description recorded in Book page 185 ); that the
boundaries not surveyed are clearly indicated as drawn from the deeds shown hereon; that the ratio of
precision as calculated is 1:10,000+; that this plat was prepared in accordain2cthe witdhayG.0Sf. _47:23
amended. Witness my original signature, registration number and seal this e°cemasber
A.D. 20 °2 This survey is of an existing parcel of land. Subject to underground utilities and or any
easements or right—of—ways of record.
could be a violation of copyright laws.
1200 JENKINS DRIVE
CHARLOTTE, N.C. 2 2
SIGNED
Blakeney Heath Ltd. Parternership
•
Area by DMD method of area computation. Copying
this
plat
(f)
co 5
115
568-1719
0
0
0(1

SIX -MILE CREEK
"
•WETLAND W-1
0.16 ACRES
%
‘i.
4.62 AC WETLANDS - _ .
r
WETLAND W-2
0.05 ACRES
WETLAND W-3
0.09 ACRES
L7
synTerra
LEGEND
PROPERTY BOUNDARY
HISTORICAL WETLANDS
WETLAND IMPACTS
SUMMARY OF HISTORICAL WETLAND IMPACTS
TYPE
NAME
IMPACT (AC)
IMPACT (SF)
WETLAND
W-1
0.16
7,100
WETLAND
W-2
0.05
2,352
WETLAND
W-3
0.09
3,920
TOTALS:
0.30
13,372
NOTES:
1. WETLAND AND PROPERTY BOUNDARIES ARE BASED ON A LAND
SURVEY COMPLETED BY SPRATT & BROOKS DATED NOVEMBER 7, 2002.
2. THE SITE DESIGN PLAN SHOWN REFLECT THE CURRENT SITE LAYOUT
AS OF JANUARY 2022.
GRAPHIC SCALE
50 0 50 100
IN FEET
148 RIVER STREET, SUITE 220
GREENVILLE, SOUTH CAROLINA 29601
PHONE [phone]
www.synterracorp.com
DRAWN BY: C. NEWELL
PROJECT MANAGER: C. PONCE
LAYOUT: FIGURE 1
DATE: 01/18/2022
FIGURE 1
HISTORICAL WETLAND IMPACTS
BLAKENEY RACQUET AND SWIM CLUB
10607 REA ROAD - PARCEL ID# 22940196
CHARLOTTE, NORTH CAROLINA
01/19/2022 9. 42 AM P\Blakeney Racquet &Swim Club. 4349\dwg \004349-Wetlands. dwg

Amount I Undo I Metors,Me tAMPRADAtettAtto—Cnde I
a 62 ACRE P.I.104
L.., I
35 02527200

W-1 Site Development Discharge of fill material Non-Titlal Wetland YES Perrrenent Fill Area
Am°'—'n'lln'tial'LL71°sedd rtlrsedd Initil;FlOrTsed-1 PrIc:27hdd Pr7liTH PrPc:rn°ondt—lAutl_henr AuT,LifIdd AuAhncl'or7,—,
Acres