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HomeMy WebLinkAbout20221687 Ver 1_ePCN Application_20221201DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 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. Pre -Filing Meeting Date Request was submitted on: 10/19/2022 BIMS # Assigned* Version#* 20221687 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review la. Name of project: Freeze la. Who is the Primary Contact?* Jeffrey Reasner What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:eads\ahpitner 1 b. Primary Contact Email:* lc. Primary Contact Phone:* jeff@silacapital.com (317)835-6217 Date Submitted 12/1/2022 Nearest Body of Water Catawba River, Lake Norman Basin Catawba Water Classification WS-IV, B; CA Site Coordinates Latitude: Longitude: 35.563739 -80.849080 A. Processing Information County (or Counties) where the project is located: Iredell 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: 29 - Residential Developments NWP Numbers (for multiple NWPS): ld. 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 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: Johnnie Robertson 2b. Deed book and page no.: 13E / 763 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization 2d. Address Street Address 3158 Charlotte Hwy Address Line 2 City State / Province / Region Mooresville NC Postal /Zip Code Country 28117 United States Yes No Yes No 2e. Telephone Number: (704)608-0039 2f. Fax Number: (000)000-0000 2g. Email Address:* jlr1945@aol.com 2a. Name(s) on recorded deed: Mary Gilstrap 2b. Deed book and page no.: 513/310 2c. Contact Person: 2d. Address Street Address 124 W Waterlynn Road Address Line 2 City Mooresville Postal / Zip Code 28117 2e. Telephone Number: (704)560-5862 2g. Email Address:* elizabethgilstrap@yahoo.com 2a. Name(s) on recorded deed: Harold Robertson ETAL 2b. Deed book and page no.: 513 / 308 2c. Contact Person: 2d. Address Street Address 1726 Knolls Drive Address Line 2 City Newton Postal / Zip Code 28658 2e. Telephone Number: (704)519-8845 2g. Email Address:* jmoone$Q@hotmail.com 2a. Name(s) on recorded deed: Harold Robertson 2b. Deed book and page no.: 784 / 45 and 784 / 45 2c. Contact Person: 2d. Address Street Address 1726 Knolls Drive Address Line 2 City Newton Postal / Zip Code 28658 2e. Telephone Number: (704)519-8845 2g. Email Address: * jmoone$Q@hotmail.com State / Province / Region NC Country United States 2f. Fax Number: (000)000-0000 State / Province / Region NC Country United States 2f. Fax Number: (000)000-0000 State / Province / Region NC Country United States 2f. Fax Number: (000)000-0000 2a. Name(s) on recorded deed: Oanna Minton 2b. Deed book and page no.: 556 / 118 and 95E / 33 2c. Contact Person: 2d. Address Street Address 3142 Charlotte Hwy Address Line 2 City Mooresville Postal / Zip Code 28117 2e. Telephone Number: (000)000-0000 2g. Email Address:* beachbum7476@gmail.com 2a. Name(s) on recorded deed: Craig Freeze + Anita 2b. Deed book and page no.: 1860/2459 2c. Contact Person: 2d. Address Street Address 202 Brumley Road Address Line 2 City Mooresville Postal / Zip Code 28115 2e. Telephone Number: (317)835-6217 2g. Email Address: * jeff@silacapital.com 2a. Name(s) on recorded deed: Craig Freeze + Anita 2b. Deed book and page no.: 1860/2459 2c. Contact Person: 2d. Address Street Address 202 Brumley Road Address Line 2 City Mooresville Postal / Zip Code 28115 2e. Telephone Number: (000)000-0000 2g. Email Address:* Unknown@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Jeffrey Reasner 3b. Business Name: Sila Capital LLC State / Province / Region NC Country United States 2f. Fax Number: (000)000-0000 State / Province / Region NC Country United States 2f. Fax Number: (000)000-0000 State / Province / Region NC Country United States 2f. Fax Number: (000)000-0000 3c. Address Street Address 706 Pro-Med Lane Suite 260 Address Line 2 City State / Province / Region Carmel Indiana Postal / Zip Code Country 46032 United States 3d. Telephone Number: 3e. Fax Number: (317)835-6217 (000)000-0000 3f. Email Address: * jeff@silacapital.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Robertson 4b. Business Name: Atlas Environmental Inc. 4c. Address Street Address 338 S. Sharon Amity Road #411 Address Line 2 City Charlotte Postal / Zip Code 28211 4d. Telephone Number: (704)512-1206 4f. Email Address: * jrobertson@atlasenvi.com C. Project Information and Prior Project History State / Province / Region NC Country United States 4e. Fax Number: (000)000-0000 1. Project Information 1b. Subdivision name: (if appropriate) Jessamine at Mooresville lc. Nearest municipality / town: Mooresville 2. Project Identification 2a. Property Identification Number: 4646946416, 4646944667, 4646943870, 4646945768, 4646947518, 4646947831, 4646948952, 4656051500, 4656050373, 4656052797 2b. Property size: 12.541 2c. Project Address Street Address 3114 Charlotte Hwy Address Line 2 City State / Province / Region Mooresville NC Postal / Zip Code Country 28117 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Catawba River, Lake Norman 3b. Water Resources Classification of nearest receiving water: * WS-IV, B; CA 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011203 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 existing condition of the review area is a mix of single-family residential homes and forested areas. There are 5 single family residences and 7 associated storage buildings and garage space. The forested area is along the Northern and Western extent of the review area. The surrounding land use is predominantly multi -family residential and amenity areas. 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: 0.007 4g. List the total estimated linear feet of all existing streams on the property: 555 4h. Explain the purpose of the proposed project: * The purpose of the project is for the construction of a mixed use, multifamily residential development and one small commercial space. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project will require the demolition of the existing structures and removal of trees and vegetation using heavy equipment. The ground surface will be prepared for construction by grading and earth work. The construction will include the apartments, a small commercial area, parking, amenity areas, trash collection area, and additional utilities and infrastructure to support the development. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown Delineated by Atlas Environmental Staff on June 23, 2022 and November 21, 2022 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-2022-01919 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans Atlas Environmental Staff Atlas Environmental, Inc. 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? No 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* W1 Driveway access, parking and grading P Headwater Forest WL 1000 Yes Both 0.004 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.004 2g. Total Wetland Impact 0.004 2i. Comments: WL 1000 is located at the edge of a maintained residential lawn. 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 and engineered to avoid and minimize impacts to aquatic resources to the greatest extent possible. The entirety of perennial channel CH 100 has been avoided. Only the upper most portion of WL1000 is proposed to be impacted. Impacts have been minimized by constructing the steepest side slopes approvable under local regulations. The construction of a retaining wall will further reduce impacts to WL 1000. Approximately 2.69 acres of greenspace will be planted. The demolition of an existing house and re -vegetating over a quarter of an acre. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The impacted wetland (WL 1000 - W1) will be French drained to prevent secondary downstream impacts. 100-foot buffer will be maintained around CH 100. 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: Mitigation is not required because the wetland impacts do not exceed 0.10 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: Not adjacent to NC protected 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 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. Iredell County Comments: The stormwater treatment will be an underground SCM. Proposed impervious area is — 35.89%. 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 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 that will not result in further development. Any future development within this area will be required to go through similar regulatory reviews. 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. Connecting to municipal sewer 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 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? IPAC, NC NHP, and field assessment. See attached comment letter indicating section 7 has been satisfied. 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 HPO Buffer Map, See attached no comment letter. 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?* Google Earth NFHL .kml layer 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 Freeze NWP 29 Att Compressed.pdf 6.O8MB 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 Robertson Signature Date 12/1/2022 Angela Petros From: Angela Petros Sent: Wednesday, October 19, 2022 2:03 PM To: 401 PreFile Subject: Freeze NWP 29 Pre -Application To Whom It May Concern, Atlas will be submitting an NWP 29 application for the Freeze project. This project is in Mooresville (Iredell County) and is a Residential project. Sila Capital is the applicant. Angela Petros ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, NC 28211 (704) 965-1219 mobile www.atlasenvi.com Offices in Asheville and Charlotte i Preliminary ORM Data Entry Fields for New Actions SAW-2022-01919 BEGIN DATE [Received Date]: Prepare file folder pi Assign Action ID Number in ORM pi 1. Project Name [PCN Form A2a]: Freeze 2. Work Type: Private pi Institutional pi Government pi Commercial pi 3. Project Description / Purpose [PCN Form B3d and B3e]: The purpose of this project is mixed use for multi -family residential development and one small commercial area. 4. Property Owner / Applicant [PCN Form A3 or A4]: Multiple owners (see property report) Applicant: Sila Capital LLC Attn: Jeffrey Reasner 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental / Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: SAW-2022-01919 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: Lat: 35.563739°, Long: -80.849080° 3114 Charlotte Hwy Mooresville, NC 28117 8. Project Location - Tax Parcel ID [PCN Form B1a]: 4646946416, 4646944667, 4646943870, 4646945768, 4646947518, 4646947831, 4646948952, 4656051500, 4656050373, 4656052797, and (partial) 4646956564 9. Project Location — County [PCN Form A2b]: Iredell 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Mooresville 11. Project Information — Nearest Waterbody [PCN Form B2a]: Catawba River, Class: WS-IV,B;CA, #1 1-(75) 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Upper Catawba, 03050101 Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 29 n Regional General Permit # n Jurisdictional Determination Request Pre -Application Request Unauthorized Activity n Compliance n No Permit Required Revised 20180124 ENVIRONMENTAL US Army Corps of Engineers Asheville Regulatory Field Office Attn: Krysta Stygar 151 Patton Avenue, Room 208 Asheville, NC 28262 December 01, 2022 NC Division of Water Resources 401 and Buffer Permitting Unit Attn: Paul Wojooski 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Freeze, +/- 12.681 acres 3114 Charlotte Hwy Mooresville, NC 28117 Nationwide Permit 29 Verification Request Corps Action ID: SAW-2022-01919 / DWR Project #: unknown Krysta: The applicant, Jeffrey Reasner of Sila Capital LLC, is requesting approval of the enclosed nationwide permit 29 verification for unavoidable impacts to potential waters of the United States. Atlas Environmental staff completed the stream and wetland delineation on June 23, 2022 and November 21, 2022. During the field evaluations Atlas Environmental staff assessed the presence of one perennial stream and one wetland. Channel CH 100 is a perennial stream that flows through the center of the review area for approximately 555 linear feet (0.038 acre). WL 1000 is approximately 0.007 acre. The project purpose is for the construction of mixed -use development for multi -family residential development and one small commercial area. The project has been designed and engineered to avoid and minimize impacts to aquatic resources to the greatest extent possible. The entirety of perennial channel CH 100 is being avoided. Only the upper portion of WL 1000 is proposed to be impacted for parking areas, an open space and side slopes. Impacts have been minimized by constructing the steepest side slopes approvable under local regulations. The construction of a retaining wall will further reduce impacts to WL 1000. Impact W1 is a permanent fill in the amount of 0.004 acre. The impact area will be French drained to prevent any secondary impacts to downstream waters. Enclosed are the necessary nationwide permit 29 verification documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, Jennifer L Robertson, President jobertson@atlasenvi.com ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mr. Paul Wojoski, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: -f C:”A vY11 u f' 4 r ryl E& 7 0o1702.s 4Yr f l aiDia L, 2�3 s i�arJ, I•FArio LP [U• 7Zvo e�Tso,.l r� a�N4 �", vYf )1,., mt.! Property Owner of Record: CZ Al if 3. Fr~g r ,9-41-Tet Fe- 'a 1 Y� 4n,y r4 C.r 11,5 T a r� Contact Name: O a rt YYI . P,g4 S)J Je-rf 5 i )pi cAp 001/1 Address: Tom 910 - M [pj 6'4L ) 1 1Vg.-tr,� Address: Phone/Fax Number: -4t- 3 l 7 ^ Email Address: @ 5) IA CA-p I r cp 1,7 Project Address: Gehiz.n.,6,rr. iiv/.4rrre, kip w Rp k US L ( y1r1 &. [/1 L� Project Address: Tax PIN: 4r s(„o5037,3.€1:-1 q¢loci 144 L.-67/ena 'H`y1014Vf f 7Ci ,vn-62 Signature: .� Date: ,4c4/./$ - 2g 7.a,24 ATLAS Environmental Inc. 338 5. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (ni) jrobertson@atlasenvi.com www.atlasenvi.com NO COPIES, REPRODUCTIONS, TRANSMISSIONS OR ELECTRONIC MANIPULATION OF ANY PORTION OF THESE DRAWINGS IN WHOLE OR IN PART ARE TO BE MADE WITHOUT THE EXPRESS WRITTEN PERMISSION OF CMA ARCHITECTS, LLC ALL DESIGNS INDICATED IN THESE DRAWINGS ARE PROPERTY OF CMA ARCHITECTS LLC ALL COPYRIGHTS RESERVED (C) 2022. THESE PLANS ARE FOR BUILDING DEPARTMENT REVIEW ONLY THEY ARE NOT TO BE CONSTRUED AS CONSTRUCTION DOCUMENTS UNTIL ALL BUILDING DEPARTMENT APPROVALS ARE OBTAINED. 2022 CMA ARCHITECTS LLC • THE DESIGN AND DRAWINGS FOR THIS PROJECT ARE THE PROPERTY OF THIS ARCHITECT AND ARE PROTECTED UNDER THE COPYRIGHT PROTECTION ACT. SITE INFO LOT SIZE: 9.58 ACRES (417,304.8 SF) CURRENT ZONING RLS — RESIDENTIAL LIMITED SERVICE PROPOSED ZONING TBD ZONING DATA REQUIRED /ALLOWED PROVIDED DENSITY: 21 UNITS / ACRE 21X9.58=201.18 200 UNITS PARKING 1.5 X 1BD UNIT 1.5 X 90 = 135 350PS 1.5X2BDUNIT 1.5X104=156 2X3BDUNIT 2X6=12 RETAIL 1/ 300 SF 3800 / 300 = 12.66 PS TOTAL 316 PS PRELIMINARY ZONING LEGEND UNIT MIX BUILDING 1 Level 1B(+/-820SF) 2B (+/-1,160SF) 3B(+/-1,360SF) Total 1 18 26 0 44 2 24 26 2 52 3 24 26 2 52 4 24 26 2 52 TOTAL 90 104 6 200 UNIT MIX 45.00% 52.00% 3.00% 100% UNIT MIX ZONING MAP 1BD 1BD BUILDING 2 1 STORY RETAIL BUILDING "w +/-3,800 .•URTYARo Tir 1BD 1BD 1BD CONCEPTUAL PLAN NOTES: CONDITIONS MAY EXIST THAT COULD RESTRICT THE DEVELOPMENT OF THIS SITE AS SHOVVN. THIS DRAWING IS INTENDED TO BE CONCEPTUAL ONLY AND ADDITIONAL RESEARCH AND DESIGN WOULD BE REQUIRED FOR THE PREPARATION OF A SITE PLAN THAT MEETS LOCAL JURISDICTIONAL CODES. CMA ARCHITECTS DOES NOT PURPORT THAT THIS SITE CAN BE DEVELOPED AS SHOVVN. THE PURCHASE OF THIS SITE SHALL BE AT THE OWNER/DEVELOPER'S SOLE EXPENSE. THIS SCHEMATIC SITE PLAN DOES NOT REFLECT THE ENGINEERING REQUIREMENTS FOR STORM WATER MANAGEMENT. CMA ARCHITECTS DOES NOT PURPORT THAT WHAT IS SHOVVN IS ADEQUATE TO MEET ALL JURISDICTIONAL REQUIREMENTS. NO SITE VISITS HAVE BEEN PERFORMED TO ENSURE THE ACCURACY OF THE SITE IMAGE SHOVVN HEREON. THIS EXHIBIT IS NOT INTENDED TO BE USED AS A CONSTRUCTION DOCUMENT, AND SHOULD NOT BE CONSTRUED IN ANYWAY TO BE USED FOR CONSTRUCTION PURPOSES. arSCHEMATIC GROUND SITE PLAN 1/32" = CMA PROPOSED MIXED USE DEVELOPMENT MOORESVILLE APARTMENTS PROJECT #: 22-017 DATE: 0 7- 1 7-20 22 SHEET N A M E SCHEMATIC SITE PLAN SHEET NUMBER ARCH I T E C T S 7910 NW 25th Street, Site 202A Doral, FL 33122 T. (305) 5 2 7 - 8 2 4 6 E a l f r e d@ c m a a r c h i t e c t s oom MOORESVILLE, NC A-01 Town of Mooresville, North Carolina Developer Compliance Statement All graphic representations on this approved Concept Plan shall reflect compliance to all Town of Mooresville Land Development Standards. Developer Signature Date Town of Mooresville, North Carolina Concept Plan Approval Planning Department Date Engineering Department Date Fire Department Date #46-84-8114 WATERLYNN, Lc Deed MBook 2852 Page 2376 Plat Book 66 Page 138 Zoned TN o Town f Mooresville #4646-93-3986 RAYMER REAL ESTATE OPERATIONS, INC Deed Book 2014 Page 1380 Plat Book 47 CPage 93 Toned Town of Mooresville T3 BUILDING 4 STORY MULTIFAMILY 41,9SUILDING 90 UNITS j 'IOu \ c #4 Re Foun d a'#4 Reber -Pound WIDE SHARED USE PATH TYPICAL CROSS SECTION US HWY 21 STREET TREE ti BACK OF CURB Reber Found I ENTRY/ PRO' EXIT SSMy+ PROPOSED COMMON OPEN SPACE LANDSCAPE AREAS 19,302 SF PRO SS / s 0424, Ss ECTl 0,1_9 IIS P,4�T Sys ' MBE CON. 5 N, DJ ACE ARKING TVP. Ili°y 11111111=111111111111®! F SS TYPICAL CROSS SECTION W. WATERLYNN STREET TREE m 0 CONDITIONAL REZONING ITEMS: 1. HOA TO MAINTAIN STREET TREES. 2. TI.A MITIGATION TO BE INSTALLED BY THE APPLICANT. 3. SITE PLAN TO BE BASED ON APPROVED CONCEPT PLAN. 4. AFFORDABLE HOUSING AS A PAYMENT IN LIEU FOR 26 1 BDRM UNITS. 5. COMMERCIAL SPACE TO BE BUILT AT THE SAME TIME AS RESIDENTIAL. 6. FREEZE HOUSE TO BE DEMOLISHED AND CLEARED AREA TO BE REPLANTED IN TREES. ss #4646-95-6564 118PC APIS, LLC Deed Book 2698 Page 1505 Plat Book 61 Page 67 Zoned TN Town of Mooresville 4 STORY MULTIFAMILY BUILDING 70 UNITS 245.93' Charlott Highway- U.S.Aighway21 Ex. 450' Public Right -of -Way /4'Iron M.,9I M..9T M9T . 84F ° 3n,38'V-°'8 8„4' - �n nw'P oeP Know what's below. Call before you dig. #4646-94-9118 ELIZABETH A. LOWDER ETAL Deed Book 2212 Page 312 Zoned RLS GRAPHIC SCALE 1 inch = 60 feet 10' FRONT/CORNER SETBACK M.9T M..9T MAT Sy, SS PROPOSED RETAINING WAL APPROX. 10' PROTECTED STEM LENGTH PROVIDED FROM EX. EDGE OF TRAVEL LANE a'41- NYC" 0 qb'- G „FavJlMNV 4u #4656-04-0486 HWY 21 INVESTMENTS. LLC Deed Book 1981 Page 2243 Plat Book 47 Page 93 Zoned CM M.9T SS Ss SS k Air INSTALLED WITH PR0JE0 CONSTRUCTION Approx.85 LF OF LINEAR WETLANDS TO BE PERMITTED AN PIPED. USAGE INCLUDED WI SUBMITTAL. APPLICA PAYMENT THIS P0RT10 USE PATH HE NORTH M„9T MOT #4656-04-3513 FAISON WATERLYNN II, LLC Deed Book 1791 Page 82 Plat Book 56 Page 32 Zoned CM o Town f Mooresville ss SS C/L of Stream SITE NOTES: SITE TAX ID: WITHIN TOWN LIMITS : 4646-94-6416, 4646-94-4667, 4646-94-7518, WITHIN TOWN'S ETJ 4646-94-3870, 4646-94-5768, 4646-94-7831, 4646-94-8952, 4656-05-1500, 4656-05-0373, 4656-05-2797 SITE SIZE: 12.935 ACRES BY SURVEY CURRENT SITE ZONING: RLS PROPOSED SITE ZONING: C-CM CURRENT PROPERTY OWNERS: JOHNNIE L. ROBERTSON, M.ARY E. R. GILSTRAP, HAROLD ROBERTSON ETAL, HAROLD W. ROBERTSON, CANNA J. MINTON, CRAIG B. FREEZE, CRAIG B. & ANITA FREEZE EXISTING LAND USE: SINGLE FAMILY RESIDENTIAL AND VACANT LAND ADJACENT LAND USE: MULTI -FAMILY RESIDENTIAL PROPOSED LAND USE: MIXED USE, MULTI -FAMILY RESIDENTIAL & COMMERCIAL USES: CURRENT ZONIIIG WILL NEED TO BE REZOIIDED TO T01NN OF MOORESVILLE CM ZONING FLOOD: THIS PROPERTY IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD ZONE ACCORDING TO THE FLOOD INSURANCE RATE MAP (COMMUNITY PANEL) 371046-4600J (DFIRM : 4646) & 371046-5600J (4656) DATED 3-18-2008. PHASING: TO BE COMPLETED IN ONE PHASE, INCLUDING COMMERCIAL PORTION. ALLOWABLE DENSITY: 12 UNITS PER ACRE PER CM ZONING; +4 ADDITIONAL AFFORDABLE HOUSING UNITS FOR A TOTAL 16 DUA MAX 26 AFFORDABLE HOUSING 1 BDRM UNITS WILL BE PROVIDED USING A FEE IN LIEU OPTION. THEREFORE NO AFFORDABLE HOUSING UNITS WILL BE CONSTRUCTED. PROPOSED DENSITY: 206 DWELLING UNITS/ 12.935 ACRES=15.93 UNITS PER ACRE IN C-CM ZONING THIS SITE WILL BE DEVELOPED WITH AFFORDABLE HOUSING UNDER SECTION 5.12.2 OF THE MOORESVILLE UDO. THIS ALLOWS FOR FOUR ADDITIONAL DUA'S AND 1 ADDITIONAL FLOOR OF HEIGHT. THIS SITE LIES IN THE WS-IV CRITICAL AREA OF THE CATAWBA RIVER WATERSHED, .AND IS LIMITED TO 24% IMPERVIOUS AREA UNDER THE LOW DENSITY OPTION AND 50% IMPERVIOUS UNDER THE HIGH DENSITY OPTION IF APPROVED BY THE MOORESVILLE BOARD OF COMMISSIONERS. STORMWATER: UNDER GROUND SCM WILL BE USED. TRASH COLLECTION WILL BE PRIVATE. APPLICANT WILL DEVELOP THE SITE UNDER HIGH DENSITY OPTION. HVAC WILL BE ROOF MOUNTED AND SCREENED FROM VIEW. IMPERVIOUS AREA CALCULATIONS: IMPERVIOUS AREA PERMITTED IN WS-IV CRITICAL AREA 50% MAX: SITE SIZE: 12.935 ACRES - 563,449 SF 50% HIGH DENSITY OPTION. 281,725 SF VESTED PRE-1993 IMPERVIOUS .AREA: 46,007 SF TOTAL HIGH DENSITY OPTION IMPERVIOUS AREA PERMITTED: 327,732 SF NEW IMPERVIOUS AREA PROPOSED: 202,240 SF PROPOSED SURPLUS IMPERVIOUS AREA: 125,492 SF PROPOSED IMPERVIOUS PERCENTAGE: 35.89% SS SS SS EX. 30' SANITARY SEWER EASEMENT PB 61 PG 67. SS SS Impact W1: Permanent WL 1000: - 0.004 Ac EX. TREE CANOPV'TREE SAVE AREA TO NORTH OF CREEK TO REMAIN UNDEVELOPED/NATURAL 25°30'30' E 19' WIDE SHARED USE PATH BONDED FOR FUTURE INSTALLATION M„9I - N EXISTING FH N 25' 241.28 728 SF OF SP E SS SS #4646-95-6564 118PC AP TS, LLC Deed Book 2698 Page 1505 Plat Book 61 Page 67 on ed TN Town f Mooresville APPLICANT 'MILL DEMO EX. HOUSE. REMOVE ALL IMPERVIOUS AREAS AND RE -VEGETATE!. MITIGATION FOR WETLANDS IMPACT. NT VM: T IN LIEU OF CONSTRUCTION DUE V ND ENVIRONMENTAL CONSTRAINTS. M„95 EX. TREE CANOPY/TREE SAVE AREA TO NORTH OF CREEK VICINITY MAP NO SCALE PARKING: REQUIRED PARKING 1.5 SPACES PER DWELLING UNITS X 206 UNITS-309 SPACES 3.5 SPACES PER 1000 SF RETAIL SPACE 3800 SF =14 SPACES 323 TOTAL SPACES REQUIRED 333 TOTAL SPACES PROVIDED OF WHICH 8 ARE HC VAN ACCESSIBLE 1 BICYCLE SPACE PER 10 PARKING SPACES X 333 = 34 BICYCLE PARKING SPACES REQUIRED AND PROVIDED 2% TOTAL PARKING SPACES TO BE ELECTRIC VEHICLES * 333 = 7 ELECTRIC SPACES REQUIRED AND PROVIDED MULTI -FAMILY ATTACHED, THREE BUILDINGS CONSISTING OF 96 -1 BDRM UNITS, 104 - 2 BDRM UNITS AND 6 -3 BDRM UNITS RESIDENTIAL BUILDING SF: +/-243,000 SF (ON FOUR FLOORS) ESTIMATED BUILDING HEIGHT: 41'-8" COMMERCIAL BUILDING SF: +/-3,800 SF , ESTIMATED BUILDING HEIGHT: 16' TOTAL BUILDING SF: +/-246,800 SF TO REMAIN UNDEVELOPED/NATURAL _ N 25'30'50" E SS M9I M9I M,9I in .d xo A. p"I,n xo 41 r 9 #4656-04-4916 WITHERSPOON LEGACY TRUST Deed Book 2612 Page 881 Paned RLS #4656-04-3513 FAISON WATERLYNN II, LLC Deed Book 1791 Page 82 Plat Book 56 Page 32 d CM Town of Mooresville S5 SS #4 Reber Found Zine 25'30'30" E` CP i 60.O(' PROJECT NOTES: SETBACKS: FRONT/FRONT CORNER: 10' SIDE: 5' REAR: 25' PROPOSED BUILDING HEIGHT : 4 STORIES TREE SAVE AREA OUTSIDE OF R/W IS 117187 SF/ 563449 SF = 20.80% ' CP CP EX. 30' SANITARY SEWER EASEMENT PB 61 PG 67. #4656-0a-3190 Taylor Morrison f Carolinas, LLC Deed Book 2768 Page 2029 Plot Book 61 Page 67 Zoned o Town f Mooresville Reber Found SS Reber EX TREE CANOPY/TREE SAVE 16145FOF 10' TIN LIEU OF COJSE PATH. APPLICANT OPUESTS ENVIR NT IN LIEU OF CONSTRUCTION DUE TO TOPOGRAPHY AND ENVIRONMENTAL CONSTRAINTS CP CP M,.9I M..9T SS SS^^ \ #4656-05-6732 CEP X WATERLYNN OWNER, LP Deed Book 2748 Page 1509 Plat Book 56 Page 32 Zoned TN Town of Mooresville PREPARED FOR: 00 L0 O0 CD z cD I— J Z Ln 12-1 a — CO I0 O U LO O z H 0 z 0 0 z rra z Q CD P4 O 0 REVISIONS BY o/2a/vtL JHH C1/022 a/Jo2own JHH Date: 08/04/2022 Sco1e: 1 = 60' HOr. Drawn: JHH Checked: DLM Pr4ecti 2022-04-13 Job: 2022-04-13 Location: PUBLICATION OR REUSE OF THESE DRAWINGS OR ANY DETAILS WITHIN MUST BE WITH THE WRITTEN CONSENT OF PIEDMONT DESIGN ASSOCIATES, P.A. Owner: Approved- Date of Issue: Sheet C®-1 /B11 /30/22 of 1 Sheets 40011111144 Novalkageogrik I Detail 1: Page 3 Legend I� Review Area Iredell Co. Parcels Contours: 2 Ft Streets Delineation Perennial Wetland tl4 Aquatic Resource Sketch Map qbe /a aee ,m n r �a m co I 1 1 1 1 I I I I I I I °11,I*' ) a Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. Do not reproduce map set except in its entirety. a a. s 0 150 300 450 600 Ft Project Name: Freeze Location: 3114 Charlotte Hwy Mooresville, NC 28117 For: Sila Capital LLC Attn: Mr. Jeffrey Reasner Page 1 of 3 Figure: Coordinates: 35.563739°,-80.849080° Date: November 18, 2022 Legend Review Area Iredell Co. Parcels Streets Delineation • Perennial Wetland Aerial Imagery Aquatic Resource Sketch Map Project Name: Freeze Location: 3114 Charlotte Hwy Mooresville, NC 28117 For: Sila Capital LLC Attn: Mr. Jeffrey Reasner Page 2 of 3 Figure: Coordinates: 35.563739°,-80.849080° Date: November 18, 2022 Potential Non Wetland CH 100: -- 555 LF, 0.038 Ac Potential Wetland WL 1000: -- 0.007 Ac Legend I� Review Area Iredell Co. Parcels Streets 2 Ft Contours Delineation Perennial Wetland Aquatic Resource Sketch Map 0 0 75 150 225 300 Ft Project Name: Freeze Location: 3114 Charlotte Hwy Mooresville, NC 28117 For: Sila Capital LLC Attn: Mr. Jeffrey Reasner Page 3 of 3 Detail 1 Figure: Coordinates: 35.563739°,-80.849080° Date: November 18, 2022 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. August 4, 2022 Jacob Sinclair Atlas Environmental Inc. P.O. Box 17323 Asheville NC 28806 jsinclair@atlasenvi.com Re: Construct Freeze multi -family residential development, 3114 Charlotte Highway, Mooresville, Iredell County, ER 22-1761 Dear Mr. Sinclair: Thank you for your email of July 12, 2022, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, kr/ Ramona Bartos, Deputy �L) State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 August 12, 2022 David Rabon Atlas Environmental, Inc. 338 South Amity Road #441 Charlotte, North Carolina 28211 drabon@atlasenvi.com Subject: Freeze Residential Development; Iredell County, North Carolina Dear David Rabon: f us. 1 FISH &WILDLIFE SERVICE The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated June 29, 2022, wherein you solicit our comments regarding project - mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the Applicant proposes to construct a residential development and appurtenances on 12.6 partially forested acres in Mooresville, North Carolina. The information provided suggests that the proposed project will require authorization from the U.S. Army Corps of Engineers for unavoidable impacts to Waters of the United States. A description of impacts to onsite habitats has not been prepared or provided at this time. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the action area (50CFR 402.02) for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule for this species. Although not required at this time, we encourage the Applicant to avoid any associated tree clearing activities during this animal's pup season, maternity roosting season (May 15 — August 15) and/or active season (April 1 — October 15). If adhered to, a tree clearing moratorium would also support our concurrence with a "may affect, not likely to adversely affect" determination from the action agency for this animal. Please note that on March 23, 2022, the Service published a proposal to reclassify the northern long-eared bat (NLEB) as endangered under the Act. The U.S. District Court for the District of Columbia has ordered the Service to complete a new final listing determination for the NLEB by November 2022 (Case 1:15-cv-00477, March 1, 2021). The bat, currently listed as threatened, faces extinction due to the range -wide impacts of white -nose syndrome (WNS), a deadly fungal disease affecting cave -dwelling bats across the continent. The proposed reclassification, if finalized, would remove the current 4(d) rule for the NLEB, as these rules may be applied only to threatened species. Depending on the type of effects a project has on NLEB, the change in the species' status may trigger the need to re -initiate consultation for any actions that are not completed and for which the Federal action agency retains discretion once the new listing determination becomes effective (anticipated to occur by December 30, 2022). If your project may result in incidental take of NLEB after the new listing goes into effect this will need to be addressed in an updated consultation that includes an Incidental Take Statement. If your project may require re -initiation of consultation, please contact our office for additional guidance. Additional information about this animal including its proposed reclassification can be found here: https://www.fws.gov/species/northern-long-eared-bat-myotis-septentrionalis Based on the information provided, suitable habitats do not occur onsite for any other federally protected species, and we require no further information at this time. Please be aware that obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Our concurrence with "no effect" determinations made by action agencies is not required. In accordance with the Act, it is the responsibility of the appropriate federal action agency or its designated representative to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitats. If it is determined that the proposed activity may adversely affect any species federally listed as endangered or threatened, formal consultation with this office must be initiated. Erosion and Sediment Control Measures to control sediment and erosion should be installed before any ground -disturbing activities occur. Grading and backfilling should be minimized, and existing native vegetation should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be revegetated with native vegetation as soon as the project is completed. Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persist in the environment beyond its intended purpose. Impervious Surfaces and Low -Impact Development Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and stream -channel scouring. Impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all new development, regardless of the percentage of impervious surface area they will create, implement storm -water -retention and -treatment measures designed to replicate and maintain the 2 hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality within the watershed. We recommend the use of low -impact -development techniques, such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from residential development. Where detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of storm -water -control measures is to protect streams and wetlands, no storm -water -control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at byron_hamstead@fws.gov if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-22-588. Sincerely, - - original signed - - Janet Mizzi Field Supervisor 3