20221725 Ver 1_401 Application_20221205

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
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:
10/27/2022
BIMS # Assigned* Version#*
20221725 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Andrew Pitner:eads\ahpitner
Information for Initial Review
la. Name of project:
COURTESY COPY Cedar Mill Townhomes
la. Who is the Primary Contact?*
Megan Bollero
Reviewing Office*
Mooresville Regional Office - [phone]
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/5/2022
Nearest Body of Water
UT to Long Creek
Basin
Catawba
Water Classification
W S-I V
Site Coordinates
Latitude: Longitude:
35.2941 -80.968591
A. Processing Information
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 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:
Cedarmill Townhomes, LLC
2b. Deed book and page no.:
37037-223;37028-399,37028-351,18228-910
2c. Contact Person:
Rama Yada
2d. Address
Street Address
8021 Wicklow Hall Dr
Address Line 2
City
Matthews
Postal /Zip Code
28104
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
United States
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Megan Bollero
4b. Business Name:
Carolina Wetland Services
4c. Address
Street Address
550 Westinghouse Blvd
Address Line 2
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28273 United States
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Charlotte
2. Project Identification
2a. Property Identification Number:
03105282; 03105276 (partial)
2b. Property size:
9
2c. Project Address
Street Address
Sonoma Valley Drive
Address Line 2
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28214 United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
UT to Long Creek
3b. Water Resources Classification of nearest receiving water: *
Ws -Iv
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011403
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 Cedar Mill Townhomes site consists of Mecklenburg County Tax Parcel Nos. 03105282 and 03105276 (partial) (approximately 9 acres), and is located north of the Rhyne Road and
Mt. Holly Rd intersection in Mecklenburg County, North Carolina (Figures 1 and 2, Attachment A).
The project area consists of undeveloped forested areas, herbaceous areas, and sewer and power line right-of-ways. On -site elevations range from 650-680 feet above mean sea level
(Figure 2). Land cover within the project area consists of deciduous forest, mixed forest, and herbaceous areas. The surrounding land use consists of undeveloped forested areas, single-
family homes, Pine Island Country club and golf course, and commercial businesses.
According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Mecklenburg County (Figure 4) and the NRCS
Published Soil Survey for Mecklenburg County (Figure 5), on -site soils consist of four different soil types. Of on site soils listed on the Web Soil Survey, Monacan loam series is listed as
containing hydric inclusions.
A review of the NWI GIS layer depicts a forested wetland in the eastern portion of the project limits (Figure 6).
FEMA National Flood Hazard Layer was reviewed for the project area (FEMA Panel 3710451600K). The property is not located within a flood hazard zone (Figure 7).
There are three jurisdictional waters of the U.S. located within the property. These waters consist of one jurisdictional wetland and two jurisdictional stream channels. The on -site
jurisdictional features are depicted in Figure 8.
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:
0.30
4g. List the total estimated linear feet of all existing streams on the property:
892 If perennial
4h. Explain the purpose of the proposed project: *
The purpose of this project is to develop the property into a townhome subdivision. The project will provide housing for Charlotte, North Carolina to meet the growing demand for housing
due to rapid population growth in the area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Under Nationwide Permit (NWP) No. 29, proposed stream impacts associated with this subdivision project are due to one road crossing (S1-83). The proposed impacts and construction
plan details are included in the Attachment D. The proposed impacts are described in detail below.
Stream Impacts (S1-S3)
Proposed permanent impacts to Stream B for the road crossing total 88 If (S1 & S2). A 73 If 60" culvert will be installed and buried 1' below grade to allow for the passage of aquatic life
and water flow. A 15 If rip rap apron will be installed at the down -gradient end of the culvert. Proposed temporary impacts to Stream B total 40 If (S3) and are the result of the dewatering
device and an open -cut sewer crossing. This impact is needed to provide access to the northern portion of the site, as Stream B bisects the property in half (Attachment D; Sheets 2 & 3).
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
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-2021-00108
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Carolina Wetland Services, Inc.
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Mt. Holly Townhomes (SAW-2021-00108) issued on January 3, 2021. Revised study area (Cedar Mill Townhomes) issued November 14, 2022.
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
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
Buffers

3. Stream Impacts
3a. Reason for impact (?)
3b.Impact 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
Culvert
Stream B
Perennial
Corps
5
Average (feet)
73
(linear feet)
S2
Rip rap apron
Permanent
Fill
Stream B
Perennial
Corps
5
Average (feet)
15
(linear feet)
S3
Construction disturbance
Temporary
Fill
Stream B
Perennial
Corps
5
Average (feet)
40
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
88
31. Total stream and ditch impacts:
128
3i. Total temporary stream impacts:
40
3j. Comments:
Permanent impacts are the result of a culvert and associated rip rap apron for a road crossing. Temporary impacts are the result of dewatering devices
and an open -cut sewer crossing.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
v
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. The Cedar Mill Townhomes site has been
designed to avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters. The road
crossing across Stream B was designed to cross the smaller, lower quality stream of the two on site. The impact to Stream B for the road crossing was
unavoidable, as the site is bisected by two streams and access is needed for the northern portion of the site. The project avoids impacts to the additional
764 If of stream channel and 0.30 acre of wetlands on site.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on -
site jurisdictional waters of the U.S. will comply with all conditions of the Nationwide Permit No. 29 and Water Quality Certificate No. 4256. All work in
jurisdictional waters of the U.S. will be conducted in the dry. All temporary fill will be removed and disturbed areas will be returned to the pre -disturbance
contours.
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:
Permanent impacts are below notification thresholds.
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:
The project is not adjacent to 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.
City of Charlotte
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
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.
There will be no additional development in the foreseeable future.
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.
The project will tie into the existing sewer on -site.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on -site field
investigation, CWS consulted the United States Fish and Wildlife Service's (USFWS) Endangered and Threatened Species and Species of Concern by
County for North Carolina online database for Mecklenburg County. In addition, CWS performed a data review using the North Carolina Natural Heritage
Program (NCNHP) Data Explorer and Information for Planning and Consultation (IPAC) database to determine if any record occurrences of federally -
listed, candidate endangered, threatened species, or critical habitat were located within the project limits and conducted a habitat assessment within the
study area. The results of the desktop review and habitat assessment are included in the Protected Species Habitat Assessment reports (Cedar Mill
Townhomes; Attachment F).
6. Essential Fish Habitat (Corps Requirement)

6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
https://www.fisheries. noaa.gov/resource/map/essential-fish-habitat-mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on November 2, 2022 for the Cedar Mill Townhomes site to
determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by this project. CWS also consulted
the SHPO online GIS service. The search indicated there are no known historical structures, buildings, sites, or districts existing within the project limits
(Attachment G). At the time of this submission, a response letter has not yet been received.
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 Firm No. 3710451600K
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
CedarMillTownhomes_Letter of Transmittal_NC - Google Docs.pdf
Attachment A-Figures.pdf
Attachment B - Agent Authorization Form.pdf
Attachment C - SAW-2021-00108 (PJD).pdf
Attachment D - Impact Drawings.pdf
Attachment E - Photopage.pdf
Attachment F - PETS Report.pdf
Attachment G - SHPO Map.pdf
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
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• 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:
Megan Bollero
Signature
aw ado/%to
Date
12/5/2022