20220205 Ver 1_ePCN Application_20220131

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Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
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,f needed.
BIMS # Assigned*
20220205
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:
Liberty Grove Subdivision
la. Who is the Primary Contact?*
Kyle diPretoro/ BIRD Land and Investment, LP
1 b. Primary Contact Email:
[e-mail]
Date Submitted
1 /31 /2022
Nearest Body of Water
Cold Water Creek
Basin
Yadkin-PeeDee
Water Classification
WS-IV: CA
Site Coordinates
Latitude:
35.5692586
A. Processing Information
County (or Counties) where the project is located:
Rowan
Is this a NCDMS Project
Yes No
Longitude:
-80.5669552
Is this project a public transportation 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)
Version# *
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Doug Perez:eads\djperez
1c. Primary Contact Phone:*
[phone]

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:
JAMES PHILIP BOSTIAN
2b. Deed book and page no.:
69221
2c. Contact Person:
2d.Address
Street Address
809 E Liberty Street
Address Line 2
City
China Grove
Postal / Zip Code
28023
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
2f. Fax Number:
Yes No
Yes No
U

2a. Name(s) on recorded deed:
ALICE JULIETTE H STEPHENS
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
910 GROVE ST
Address Line 2
City
China Grove
Postal / Zip Code
28023
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Kyle diPretoro
3b. Business Name:
BIRD Land and Investment, LP
3c.Address
Street Address
234 Kingsley Park Drive
Address Line 2
Suite 110
city
Fort Mill
Postal / Zip Code
29715
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jesse Degnan
4b. Business Name:
ECS
4c. Address
Street Address
1812 Center Park Drive
Address Line 2
Suite D
City
Charlotte
Postal / Zip Code
28217
4d. Telephone Number:
[phone]
411'. Email Address:
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
SC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
U
1. Project Information

1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
China Grove
2. Project Identification
2a. Property Identification Number:
12401090000001, 1240190000002, 124061,
2b. Property size:
124102, and 124046
76.2
2c. Project Address
Street Address
910 Grove Street
Address Line 2
City
State / Province / Region
China Grove
North Carolina
Postal / Zip Code
Country
28023
USA
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:"
WS-IV; CA
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.
030401050202
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 consists of mowed fields and undeveloped woodlands. Surrounding land use is generally residential with undeveloped woodlands.
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:
0.005
4g. List the total estimated linear feet of all existing streams on the property:
4,255
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a single-family residential development.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project, Liberty Grove Subdivision, is a 76-acre, 228-lot mixed single family/multifamily development located in China Grove, North Carolina. Existing single-family
developments border the site on the north and east sides. A church borders the west and commercial development is to the south. Access to the site will be provided by Lentz Road the
west, Liberty Street to the north, and Grove Street to the east.
The proposed project will entail clearing and grubbing of approximately 49.5 acres of existing woodlands, grading of the existing site, and the construction of 228 single family lots, roads,
sidewalks, several BMPs, and associated improvements.
Site development and grading will occur in one stage. That stage will have three phases of erosion control. All sediment basins have been designed for phases 1 and 2 of construction,
while phase 3 will use inlet protection and the final proposed BMPs. Erosion and sediment control measures were sized using North Carolina Department of Environmental Quality
(NCDEQ) requirements.
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-2021-02196
5c. If 5a is yes, who delineated the jurisdictional areas?

Name (if known): Ron Johnson
Agency/Consultant Company: ECS Limited
Other:
Sd. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
10/31/2021
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
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
7Jurisdiction*
length*
S1
Road Crossing 1
Permanent
Culvert
Stream 4
Perennial
Both
61
Average (feet)
pinear feet)
32
Road Crossing 1
Permanent
Rip Rap Fill
Stream 4
Perennial
Both
28
Average (feet)
pinear feet)
S3
Road Crossing 2
Permanent
Culvert
Stream 1
Perennial
Both
47
Average (feet)
pinear feet)
S4
Road Crossing 2
Permanent
Rip Rap Fill
Stream 1
Perennial
Both
20
Average (feet)
pinear feet)
S5
Sewer Crossing
Temporary
Excavation
Stream 4
Perennial
Both
6
30
Average (feet)
pinear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
156 30
31. Total stream and ditch impacts:
186
3j. Comments:
Proposed rip rap will be keyed -in at road crossings 1 and 2, and is considered a permanent impact; however, not a loss of waters of the US.
Road Crossing 1: Short of adding expensive retaining walls, the impact has been minimized to the maximum extent possible. Impact due to rip rap is
28ft. Temporary dewatering would be required to route existing stream flow around excavation during installation of the culvert.
Road Crossing 2: Impact is needed to access upland from upland. Short of adding expensive retaining walls, the impact has been minimized to the
maximum extent possible. Impact due to rip rap is 20ft. This stream appears to originate from a springhead that would lie beneath the road. A spring box
would be used to maintain an outlet for the spring.
Sewer Crossing: Impact is needed to cross the stream with a sanitary sewer line. Impacts would be kept to a minimum and would be contained to the
trench excavation. Stream banks would be restored to existing or flatter slopes and seeded.
E. Impact Justification and Mitigation U
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to on -site streams have been minimized to the extent possible to construct the development.

1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Site development and grading will occur in one stage. That stage will have three phases of erosion control. All sediment basins have been designed for
phases 1 and 2 of construction, while phase 3 will use inlet protection and the final proposed BMPs. Erosion and sediment control measures were sized
using North Carolina Department of Environmental Quality (NCDEQ) requirements. Road crossings will occur at 90 degree angles or as close to 90
degrees as feasibly possible. Culverts will be installed in accordance with NWP 29 general conditions. Silt fencing will be implemented where necessary
and in a manner that prevents sedimentation into onsite streams.
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:
Proposed impacts are below 0.02 acre of streambed; therefore, no mitigation is proposed.
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:
State Riparian Buffer Rules are not applicable, based on the locality of the proposed project.
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
Phasell NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of China Grove
Comments:
The City of China Grove is the state -delegated stormwater permitting authority for the proposed project. This project has a BUA of 26%.
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.
This is a single and complete project. This project is not part of a larger planned development. All roads and other improvements are strictly for this
project alone. There are no future phases as this in an in -fill project bound by existing developments.
4. Sewage Disposal (DWR Requirement)
u

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
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?
North Carolina Natural Heritage Program database and USFWS correspondence. ECS performed targeted species surveys and found no protected
species onsite.
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?
NOAA 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?*
NC SHPO On -Line GIS Database
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?*
FEMA Flood Map Service Center
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
FWS Response- NoAA_Liberty Grove Residential Development_ Rowan Co.pdf
316.99KB
Liberty Grove NHP Response.pdf
1.02MB
Liberty Grove Streams Impact Exhibit Binder.pdf
1.69MB
SAW-2021-02196 PJD Tearsheet with Map.pdf
1.16MB
SHPO_Lettecpdf
313.62KB
Property Cards.pdf
399.18KB
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:
Jesse Degnan
Signature
Date
1 /31 /2022