20221621 Ver 1_RPOT Response_20221130

Baker, Caroline D
From: Roden Reynolds, Bryan K CIV USARMY CESAW (USA) <Bryan.K.Roden-
[e-mail]>
Sent: Wednesday, November 30, 2022 10:02 AM
To: Homewood, Sue
Cc: [e-mail]; [e-mail]
Subject: [External] 401 WQC Requirements per 40 CFR Part 121
Attachments: PCN (SAW-2021-01639).pdf
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Ms. Homewood,
This email is concerning the attached Pre -construction notification (PCN) received by the U.S. Army Corps of Engineers
(USACE) on November 22, 2022. The Corps Action ID Number associated with this project is: SAW-2021-01639 (Bozardt
Farm Subdivision).
Please provide a written response within 14 days from the date of this email, regarding the North Carolina Division of
Water Resources (DWR) receipt date for this project, otherwise, we will consider our receipt date as accurate. Also,
within 14 days, please notify me if the certification request does not contain the nine (9) components listed in Section
121.5(b) of the 2020 Clean Water Act Section 401 Certification Rule.
As specified in the September 16, 2022, Programmatic Agreement (PA) between the USACE, Wilmington District, and the
North Carolina Department of Environmental Quality, Division of Water Resources, the reasonable period of time (RPOT)
for DWR to act on a Section 401 certification request is 120 days unless the RPOT is extended per the terms of this PA.
As such, unless we receive an email request for an extension of the RPOT, the USACE will consider the Section 401
certification for this project to be waived on March 31, 2023.
Please contact me if you have any questions regarding this request.
Thanks,
Bryan Roden -Reynolds, PWS
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Charlotte Field Office
8430 University Executive Park Drive
Charlotte, NC 28262
[phone]

DWR
MOM— of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
1a. Name of project:
Bozardt Farms
1a. Who is the Primary Contact?
Mr. Jeff Gore
1 b. Primary Contact Email:
[e-mail]
Site Coordinates
Latitude: Longitude:
35.268889-80.980265
A. Processing Information
Pre -Filing Meeting Date Request was submitted on:
10/5/2022
County (or Counties) where the project is located:
Mecklenburg
Nearest Body of Water
1c. Primary Contact Phone:
[phone]
Is this a NCDMS Project"
v Yes v No
Is this project a public transportation project?
u Yes (�) No
1 a. 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?
O Yes o No
Nationwide Permit (NWP) Number: 29 - Residential Developments
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
Yes No

For the record only for Corps Permit:
Yes No
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
1 h. Is the project located in any of NC's twenty coastal counties?
O Yes t�!) No
1j. Is the project located in a designated trout watershed?
O Yes • No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an AgenNConsultant forthis project?"
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
See attached owner authorization forms
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
See attached owner authorization forms
Address Line 2
City
Charlotte
Postal /Zip Code
28214
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Mr. Jeff Gore
3b. Business Name:
Bell Creek Development Group
3c. Address
Street Address
2401 Hobart Court
Address Line 2
City
Charlotte
Postal /Zip Code
28209
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
4a. Name:
Jesse Degnan

4b. Business Name:
ECS Southeast, LLP
4c. Address
Street Address
1812 Center Park Drive
Address Line 2
Suite D
City
Charlotte
Postal /Zip Code
28217
4d. Telephone Number:
[phone]
4f. Email Address:"
[e-mail]
C. Proiect Information and Prior Proiect History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/town:
Charlotte
2. Project Identification
2a. Property Identification Number:
05307203, 05307217, 05307220, 05307221,
05307239, 05307240, 05308201, 05308208,
05308209, 05308211, 05308413, 05327125,
05308312,05308305,05308304
2c. Project Address
Street Address
Moores Chapel Road
Address Line 2
City
Charlotte
Postal /Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Long Creek
3b. Water Resources Classification of nearest receiving water:"
WS-IV, CA
3d. Please provide the 12-digit HUC in which the project is located.
030501011405
3c. What river basin(s) is your project located in?"
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
44
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 site consists of undeveloped woodlands, residential houses, and a utility right-of-way.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?"
O Yes O No O Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
2.73
4g. List the total estimated linear feet of all existing streams on the property:
3,502
4h. Explain the purpose of the proposed project:"
Construction of a single-family residential development.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Construction of a single family housing subdivision using typical construction equipment, means and methods.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes -) No O 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-2021-01639
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Ron Johnson, PWS
Agency/Consultant Company: ECS Southeast
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
August 10, 2021
6. Future Project Plans
6a. Is this a phased project?*
O Yes O 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 projector related activity?
This is a single and complete project. This project is not part of a larger planned development.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
O Wetlands Streams -tributaries O Buffers
• Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason*(?)
2b. Impact type*(?)
pe
r�y
2d. W. name"
2e. Forested"
2f. Type of Jurisdicition*
2g. Impact
area*
W1
Jack & Bore Sewer
T
Headwater Forest
Wetland B
Yes
Both
0.030
Fill
P
Headwater Forest
Wetland C
Yes
Both
0.020
(acres)
Fill
P
Headwater Forest
Wetland E
__]
Yes
Both
0.050
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.030 0.070
2g. Total Wetland Impact
0.100
2e. Comments:
Jack and bore methods will be implemented at the Wetland B sewer line crossings. Therefore, temporary wetland impacts are unlikely. Temporary
impact calculations reflected in Wetland Disturbance Exhibits 1 and 2 have been provided in the event temporary impacts are necessary during
construction.
3. Stream Impacts
3a. Reason for impact* (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of Jurisdiction
Jur
3g. S. width*
engmpact
S1
Road Crossing
9
Permanent
Culvert
Stream A
Perennial
Both
3
Average (feet)
154
Qinear feet)

S2
Road Crossing
9
Permanent
Culvert
Stream D
Intermittent
Both
2
Average (feet)
192
Qinear feet)
S3
Sewer Crossing (Jack &
Bore)
Temporary
Other
Stream E
Perennial
Both
10
Average (feet)
42
Qinear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
346
3i. Total stream and ditch impacts:
388
3i. Total temporary stream impacts:
42
3j. Comments:
Jack and bore methods will be implemented at the Stream E sewer line crossing. Therefore, temporary stream impacts are unlikely. Temporary impact
calculations reflected in Wetland Disturbance Exhibits 1 and 2 have been provided in the event temporary impacts are necessary during construction.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
OW1
Fill
P
Wetland 7 (Pond 1 in JD)
Fill
Pond
0.08
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.08
4g. Total permanent open water impacts:
0.08
4h. Comments:
Proposed impacts are reflected in Wetland Disturbance Exhibit 5. "Wetland 7" is an excavated Open Water cove.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project has been designed at avoid and minimize impacts to the maximum extent practicable. Roadways and lots were relocated in order to reduce
impacts to the greatest extent possible.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The development will be constructed via standard construction procedures. To minimize loss of streambed, rip rap at the proposed stream crossings will
be keyed -in at the outlet of the proposed culverts. Necessary E&SC measures will be implemented accordingly to prevent impacting potential Waters in
the local vicinity.
Bohler has planned and engineered the proposed work to avoid wetland and waterbody impacts where practicable. Jack and Bore practices will be
implemented during the construction and installation of the proposed sewer line to minimize impacts and avoid permanent conversion of wetland type at
Wetland B. Where avoiding impacts was not feasible, Bohler sought to minimize impacts during the siting, planning, and engineering phases of the
project. Appropriate construction techniques will be used, and erosion control measures will be implemented to minimize potential sedimentation and
other potential project -related impacts. Efforts will be made throughout all construction phases to minimize the extent and duration of project -related
disturbances to water resources.
Since proposed permanent impacts are less than 0.02 acre of streambed (0.017) and less than 300 linear feet of perennial stream impact (NCDWR),
Bohler is not proposing to provide compensatory mitigation for stream impacts.
A total of 0.07 acre of permanent impact is being proposed within two vegetated wetlands (Wetlands C & E). An additional 0.08 acre of permanent
impact is being proposed at Wetland F (Pond 1 in JD Figure set), which is an Open Water cove. Since permanent vegetated wetland impacts are below
0.10 acre, Bohler is not proposing compensatory wetland mitigation.
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?
O Yes
O No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Since proposed permanent impacts are less than 0.02 acre of streambed (0.017) and less than 300 linear feet of perennial stream impact (NCDWR), Bohler is not proposing to provide
compensatory mitigation for stream impacts.
A total of 0.07 acre of permanent impact is being proposed within two vegetated wetlands (Wetlands C & E). An additional 0.08 acre of permanent impact is being proposed at Wetland F
(Pond 1 in JD Figure set), which is an Open Water cove. Since permanent vegetated wetland impacts are below 0.10 acre, Bohler is not proposing compensatory wetland mitigation.
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 r No
If no, explain why:
The Project is located in the Catawba River Basin. The NC Riparian Buffer Rules are only applicable within 50 feet of each bank of the Catawba River 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:
u Local Government State
Local Government Stormwater Programs
u Phase II NSW a USMP Water Supply
Please identify which local government stormwater program you are using.
Charlotte Local Water Supply Protection Program
Comments:
Impervious % of Site:23.94%
The City of Charlotte will be reviewing the stormwater management of the site. Two stormwater BMPs and a culvert system are proposed to handle stormwater on site.
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)?"
O Yes • No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?"
u Yes • No
3b. If you answered "no," provide a short narrative description.
This is a single and complete project. Appropriate construction techniques will be used and erosion control measures will be implemented to minimize
potential sedimentation and other potential project -related impacts. Efforts will be made throughout all construction phases to minimize the extent and
duration of project -related disturbances to water resources.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
Yes ) No FG 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?"
O Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?"
Yes No Unknown

5e. Is this a DOT project located within Division's 1-8?
O Yes O No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
O Yes No
5g. Does this project involve bridge maintenance or removal?
O 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.?
v Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?"
USFWS IPAC and NCNHP. A letter of concurrence from the USFWS is attached.
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
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?"
NCSHPO Database. Response letter from the SHPO is attached.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?"
Yes No
8c. What source(s) did you use to make the floodplain determination?"
FEMA floodplain mapper
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
Letter of Transmittal. pdf 91.45KB
Prefile Request, Plan Sheets and Agency Response Letters, Wetland Delineation Report.pdf 25AMB
File must be PDF or KMZ
Comments
This is a single and complete project. This project is not part of a larger planned development.
Signature
By checking the box and signing below, I certify that:
r 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.
• have given true, accurate, and complete information on this form;
• 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:"
Signature