20221675 Ver 1_RPOT Response_20221205

Baker, Caroline D
From: Roden Reynolds, Bryan K CIV USARMY CESAW (USA) <Bryan.K.Roden-
[e-mail]>
Sent: Monday, December 5, 2022 11:21 AM
To: Homewood, Sue
Cc: [e-mail]
Subject: [External] 401 WQC Requirements per 40 CFR Part 121
Attachments: PCN (SAW-2022-01661).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 23, 2022. The Corps Action ID Number associated with this project is: SAW-2022-
01661_Northlake Street Extension located in Mecklenburg County, North Carolina.
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 April 4, 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
IDIOM— 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:
Northlake Street Extension
1a. Who is the Primary Contact?
Kim Williams - Davey Resource Group, Inc.
1 b. Primary Contact Email:
[e-mail]
Site Coordinates
Latitude: Longitude:
35.35906-80.85232
A. Processing Information
Pre -Filing Meeting Date Request was submitted on:
9/22/2022
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 (�, No
Is this project a public transportation project?
v Yes v 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)
1c. Has the NWP or GP number been verified by the Corps?
O Yes o No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
58
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:
Metrolina Properties Limited Partnership
2b. Deed book and page no.:
34670-467
2c. Contact Person:
Terry Williams
2d.Address
Street Address
1341 E Morehead Street, Suite 201
Address Line 2
City
Charlotte
Postal /Zip Code
28204
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group, Inc.
4c. Address
Street Address
3805 Wrightsville Ave, Suite #15
Address Line 2
City
Wilmington
Postal /Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
1. Project Information

1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/town:
Charlotte
2. Project Identification
2a. Property Identification Number:
02507201,02507203, 02507204,02509108, 2b. Property size:
02508102, 02508103, 02508125A — 5 ac
2c. Project Address
Street Address
10046 Northlake Centre Parkway
Address Line 2
City
Charlotte
Postal /Zip Code
28204
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Dixon Branch
3b. Water Resources Classification of nearest receiving water:"
C
3d. Please provide the 12-digit HUC in which the project is located.
03050101
3c. What river basin(s) is your project located in?"
Catawba
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:"
The site is located between 1-485 (to the north), North Lake Centre Parkway (to the west), and 1-77 (to the east). Two unnamed tributaries of Dixon Branch run through the property: one
perennial channel near the western site boundary (parallel to Northlake Centre Parkway) and one perennial/intermittent channel that runs west through the center of the site. Riparian
wetlands are located adjacent to sections of the streams. Otherwise, the site is undeveloped and forested uplands. Uplands support a variety of hardwood species such as American
beech, black oak, red maple and sweetgum. Wetlands support hardwoods such as red maple, river birch, sycamore, and sweetgum. One tract that the proposed roads will provide an
alternate access point to is currently being developed.
Adjacent land use includes interstates and other roadways, multi -family development to the west, and retail (mall) to the south.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?"
O Yes 0 No O Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
— 0.6 acres
4g. List the total estimated linear feet of all existing streams on the property:
— 610 LF
4h. Explain the purpose of the proposed project:"
The purpose of the project is to provide access and utilities to proposed multi -family residential and commercial developments. Impacts to wetlands and streams are needed to install a
sewer line and roads.
The proposed street locations/alignments meet the specific USDG network street requirements of the City of Charlotte. This includes an ordinance requiring block length spacing, street
connection/driveway locations and cross section requirements.
The northern connection to Northlake Centre Parkway was located to allow separation needed from the 1-485 overpass and stays just out the existing floodway limits to the south. The
proposed connection to Northlake Centre Parkway is is the only location where all of the required parameters are met.
The new sewer alignment north of the larger crossing (Adjacent to Northlake Centre Parkway) is a requirement by CLTWater (Per Sheet 5). Because of the new street, CLTWater wanted
the sewer line to be shifted to this proposed location to keep it completely separate. The existing sewer line and easement to the south will be abandoned in place.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The project consists of the installation of roads that will provide access to mixed -use development in the area. One road will extend east -west from Northlake Centre Parkway. Another
road will run north -south from the new road to Tisbury Road. No impacts were needed to construct Tisbury Road, as the applicant constructed a bridge to span the stream and wetlands to
access an apartment complex. The proposed roads will be 26' wide with additional space for on -site parallel parking, planter strips, and sidewalks (see Sheet 10). The roads will be
narrower at culvert locations.
Two bottomless culverts are proposed to minimize stream impacts. The crossing off of Northlake Centre Parkway will have a large bottomless culvert (+/-35' span) with CIP walls as a part
of the design and installation process. The smaller bottomless culvert to the east is located at the upper end of the existing perennial stream alignment. The adjacent apartment BMP outlet
will drain to this point to help recharge the system and will maintain current existing drainage patterns. The network street corridor will include retaining walls (CIP and modular block) to
minimize impacts to existing high quality stream corridors. To install these culverts, the contractor will level the pad and prepare the footing/foundation, place the culvert precast units and
walls for crossing area, waterproof & grout, backfill and compacting backfill, finalize finished grade related items for crossing (street, sidewalks, curb and utilities).
A sewer line will also be relocated just north of the proposed bottomless culvert off Northlake Centre Parkway within a 20' wide easement. It will be an 8" line transitioning to a 16" line,
which will go under the stream and connect to a 16" line on the opposite side of the stream. The sewer line will be installed via open -cut methods in wetlands and will be directionally bored
under the stream. Once the pipe is installed, the open -cut construction area will be regraded back to pre -construction conditions. In wetland areas, the top 6" of soil will be stockpiled and
re -applied after the pipe is installed. Vegetation within the easement area will likely be converted from forested habitat to herbaceous and maintained.
No other impacts to jurisdictional features are anticipated within properties owned by the applicant. These tracts have been delineated and are mostly uplands except in a couple of
locations near the roads where streams exist. The existing constructed southern street crossing (Tisbury Rd) connection to Northlake Centre Parkway included a full bridge design within
floodway to minimize existing impacts. This overall site development area incorporates very high development costs to avoid existing jurisdictional areas (existing and future construction).
Construction Sequencing: Sedimentation and erosion control measures will first be installed. Then the limits of disturbance will be cleared of vegetation. Accessways and utilities will be
installed. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
• Yes
Comments:
No
5b. If the Corps made a jurisdictional determination, what type of determination was made?"
O Preliminary • Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01661
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Cameron Owens
Agency/Consultant Company: Davey Resource Group
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Bryan Roden -Reynolds with the USACE issued the AJD on 08/18/2022. Doug Perez with NCDWR met DRG staff on site on 09/06/22 and confirmed stream limits on site.
6. Future Project Plans
6a. Is this a phased project?"
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?
The applicant proposes to install utilities and roads as shown in the site plan drawings. Other tracts on site will be sold to third parties and developed. No additional impacts on those tracts
are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
2. Wetland Impacts
1A
2a1 Reason"(')
Road Crossing
2b. Impact type*(?) �rTy
P
pe of W.*
Fyerine Swamp Forest
2d. W. name"
W1
2e. Forested"
Yes
2f. Type of Jurisdicitio
(?)
Both _]
2g. Impact
area
0.101
(acres)
1 B
Road Crossing
P
Fyerine Swamp Forest
W1
Yes
Both
0.093
(acres)

2A
Sewer Line Installation
T
Riverine Swamp Forest
W1
Yes
Both
0.030
2B
Sewer Line Installation
T
Riverine Swamp Forest
W1
Yes
Both
(acres)
0.010
3A
Road Crossing
P
Headwater Forest
W7
Yes
Both
(acres)
0.055
(acres)
3B
Road Crossing
P
Headwater Forest
W7
Yes
Both
0.018
(acres)
2g. Total Temporary Wetland Impact
0.040
2g. Total Wetland Impact
0.307
2e. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.267
3a. Reason for im pact" (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name"
3e. Stream Type"
(?)
3f. Type of
Jurisdiction"
3g. S. width"
3h. Impact
length"
S1
Road Crossing
Permanent
Fill ]Ffon
Branch
Intermittent
Both
7
Average (feet)
305
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
305
3i. Total stream and ditch impacts:
305
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The engineer is unable to curve the main road around the intermittent stream impacts because this would create negative driving visibility conditions
adjacent to street intersections and future development driveway locations (Intersection Sight distance complications). Two bottomless culverts will be
used to span streams and the sewer line will be directionally bored under a stream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Two bottomless culverts will be used to minimize stream impacts and the sewer line will be directionally bored under a stream. A sediment & erosion
control permit and a stormwater permit will be obtained prior to site construction.
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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Wldlands Catawba UMB- Firestone & Double Rock Mitigation Sites
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 610
3c. Comments

4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
O Yes O No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.574
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
The applicant is proposing a 2:1 mitigation to impact ratio for the permanent wetland impacts at Impact #1 and #3 (0.267 ac) and a 1:1 ratio for the
temporary riparian wetland impacts at Impacts #2A & 2B (0.04 ac). These wetlands will be restored back to wetland grade but will be converted from
forested habitat to a maintained easement.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian bufferthat requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes • No
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?
O Yes No
If no, explain why:
Site is located within a portion of the Catawba River Basin without State riparian buffer rules.
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 v No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
❑O Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Charlotte
Comments:
The engineer is submitting the Public Street CD's for permitting review by the end of November. Stormwater plans for the adjacent commercial and residential developments have already
been submitted or will be submitted in December or January. Permits for all projects are expected to be received by mid 2023.
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 n 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)?"
0 Yes • No

3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?"
Yes O No
3b. If you answered "no," provide a short narrative description.
The project will provide a roads and utilities to adjacent tracts. However, no additional impacts to jurisdictional features within these adjacent tracts are
anticipated. Sedimentation & erosion control plans and stormwater plans will be implemented to minimize impacts to downstream waters.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
O Yes G No O 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.
The project will tie into municipal wastewater treatment system.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?"
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?"
Yes No
5d. Is another Federal agency involved?"
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes • No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
0 Yes O No
5g. Does this project involve bridge maintenance or removal?
O Yes O No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
u 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.?
u Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?"
The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their
files, no federally listed species are known to occur on or within a one mile radius of the site. The USFWS IPaC database was also reviewed and several
species were identified as potentially occurring the region. The site is forested and may provide suitable habitat for the tri-colored bat, which has recently
been listed as Proposed Endangered. The site does not appear to provide suitable habitat for any other federally listed species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?"
Yes o No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?"
NOAA EFH 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?"
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the known presence of cultural or historic resources.
No resources are identified within the site. The McAuley Farm is located north of the site (MK1305). However, the website notes that both houses within
the area have been moved and are no longer there.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?"
Yes No

8b. Ifyes, explain how project meets FEMA requirements:
The engineer has designed the main access road to be outside of the 100-yr floodplain.
8c. What source(s) did you use to make the floodplain determination?"
FEMA Flood Map Service Website.
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
Northlake Attachments.pdf 7.71 MB
File must be PDF or KMZ
Comments
Signature
❑O 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.
• 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:"
Kim Williams
Signature
wlfiidiied
Date
11/23/2022