20221685 Ver 1_RPOT Response_20221207

Baker, Caroline D
From: Roden Reynolds, Bryan K CIV USARMY CESAW (USA) <Bryan.K.Roden-
[e-mail]>
Sent: Wednesday, December 7, 2022 11:03 AM
To: Homewood, Sue
Cc: [e-mail]
Subject: [External] 401 WQC Requirements per 40 CFR Part 121
Attachments: PCN (SAW-2022-02626).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 December 1, 2022. The Corps Action ID Number associated with this project is: SAW-2022-02626_Chestnut
Lane Subdivision located in Union 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 6, 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
1a. Name of project:
Chestnut Lane Subdivision
1a. Who is the Primary Contact?
Mellissa Oliver
1 b. Primary Contact Email:
[e-mail]
Site Coordinates
Latitude:
35.066406
A. Processing Information
Pre -Filing Meeting Date Request was submitted on:
10/24/2022
County (or Counties) where the project is located:
Union
Nearest Body of Water
Is this a NCDMS Project"
u Yes (e) No
Is this project a public transportation project?
v Yes t�) No
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Longitude:
-80.712180
1c. Primary Contact Phone:
[phone]
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: 14 - Linear transportation
Nationwide Permit (NWP) Number: 18 - Minor Discharges
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:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
• Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
u Yes O No
1j. Is the project located in a designated trout watershed?
Yes • No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an AgenNConsultant forthis project?"
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Pulte Homes Corporation
2b. Deed book and page no.:
2c. Contact Person:
Mellissa Oliver
2d.Address
Street Address
11121 Carmel Commons Boulevard
Address Line 2
Suite 450
City
Charlotte
Postal /Zip Code
28226
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Daniel Zurlo
4b. Business Name:
WK Dickson
4c. Address
Street Address
1213 W Morehead St.
Address Line 2
City
Charlotte
Postal /Zip Code
28208
4d. Telephone Number:
[phone]
4f. Email Address:"
[e-mail]
State / Province / Region
North Carolina
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
o Yes o No
O Yes O No
C. Proiect Information and Prior Proiect History

1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/town:
Indian Trail, NC
2. Project Identification
2a. Property Identification Number:
07147137,07147137D
2c. Project Address
Street Address
1932 Chestnut Lane
Address Line 2
City
Matthews
Postal /Zip Code
28104
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT to West Fork Twelvemile Creek
3b. Water Resources Classification of nearest receiving water:"
Class C
3d. Please provide the 12-digit HUC in which the project is located.
030501030201
3c. What river basin(s) is your project located in?"
Catawba
4. Project Description and History
2b. Property size:
25.4
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 generally comprised of disturbed mixed forest and low density residential development. Land use in the vicinity of the project area is generally residential development.
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:
0.27
4g. List the total estimated linear feet of all existing streams on the property:
1,665
4h. Explain the purpose of the proposed project:"
The purpose of the project is to construct a residential subdivision.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Pulte Home Company, LLC desires to development the Chestnut Lane Subdivision in the Town of Indian Trail, Union County, NC. The project is located on the north side of Chestnut Lane
approximately one (1) mile east of the Chestnut Lane and Matthews-Weddington Road intersection. The subdivision consists of 57 Single Family Lots on 25.4 acres.
The developer will be disturbing 20 acres. The property slopes from the northern property line (high point) to the southeast property corner along Chestnut Lane, then under Chestnut Lane
into the West Fork Twelvemile Creek. The development will be installing one sediment basin and three skimmer basins on the lower side of the project's denuded limits. The one sediment
basin will be converted to a wet pond at the end of site construction and the skimmer basins will be filled in and the soil will be stabilized.
The project will have one culverted stream crossing (S1/S2 - 67 If permanent impactt40 If of temporary impact, 0.023 ac of permanent stream bed impact). This crossing supports a
necessary road crossing and should be permitted under NWP 14. Three permanent wetland impacts are proposed (W1-W3). W1 and W2 will result in 0.006 ac. (W1) and 0.024 ac. (W2) of
impacts to isolated, non-404 jurisdictional wetlands due to grading supporting proposed residential lots. Impacts should be permitted under NC DWR IWGP100000. W3 will result in 0.062
of permanent impacts due to the construction of a required sediment basin. This impact should be permitted under NWP 18 for minor discharges. Total permanent stream impacts are 67
If/0.023 ac., and total wetland impacts are 0.092 ac.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
• Yes O No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?"
v Preliminary • Approved Not Verified Unknown N/A

Corps AID Number:
SAW-2021-01809
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Wetlands and Waters, Inc
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Approved JD issued on 11/10/21
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 Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason"(?)7�2b.
Impact type*(?)
FTY�-*
2d. W. name"
2e. Forested"
2f. Type of Jurisdicition°`
2g. Impact
area"
W1
Fill for lot
P
Headwater Forest
1300
Yes
DWR
0.006
Fill for lot
P
Headwater Forest
1600
Yes
DWR
(acres)
0.024
(acres)
Fill for sediment basin
P
Headwater Forest
1700
__]
Yes
Corps
0.062
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.092
2e. Comments:
Impacts W1 and W2 will result in impacts to isolated non-404 jurisdictional wetlands.
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.092
S1
3a. Reason for im pact" (?)
Road crossing
3b.lmpact type"
Permanent
3c. Type of impact"
Culvert
3d. S. name"
Tributary 1
3e. Stream Type"
M
Perennial
3f. Type of
Jurisdiction*
Corps
width"
15
Average (feet)
3h. Impact
length"
67
(linear feet)
g2
Pump around
Temporary
Dewatering
Tributary 1
Perennial
Corps
15
Average (feet)
40
Qinear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
67
3i. Total stream and ditch impacts:
107
3j. Comments:
3i. Total temporary stream impacts:
40

E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The site was delineated and an AJD was obtained prior to design. The site was designed in order to minimize impacts to jurisdictional waters. Impacts
W1 and W2 will occur in isolated, non-404jurisdictional waters, and impacts to jurisdictional wetlands fall below the 0.1 ac. mitigation threshold.
Unfortunately, permanent stream impacts are unavoidable, as Tributary 1 bisects the site. A road crossing of Tributary 1 is necessary to connect the
proposed residential lots on either side. The width of the crossing is the minimum necessary to allow for passage of traffic in both directions. Therefore, it
cannot be shortened. The impacts will result in >0.02 ac. of stream bed loss. Mitigation credits will be purchased from the NC DIMS In -lieu fee program.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All appropriate erosion and sediment control measures will be taken to limit potential indirect impacts to jurisdictional waters. Tributary 1 will be de -
watered in the area of the road crossing in order to work in the dry. The proposed culvert will be buried by 1' in order to allow for the passage of water at
low flows and for the passage of aquatic life.
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 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
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
67
4d. Buffer mitigation requested (DWR only):
(square fee)
4f. Non -riparian wetland mitigation requested:
(acres)
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
Payment to the ILF program will be made as no private stream mitigation credits are available in this service area.
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 INC Riparian Buffer Protection Rules?
O Yes O No
If no, explain why:
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?"
O Yes O 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
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters."
O Stormwater Management Plan Antidegradation Calculations

Comments:
Stormwater Managment Plan will be approved under the Town of Indian TraiI's NPDES Phase II Stormwater permit, and an erosion and sediment control permit is being acquired from
NCDEQ.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?"
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?"
Yes No
3b. If you answered "no," provide a short narrative description.
Project impacts are considered single and complete. No future phasing is proposed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?"
Yes • No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?"
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?"
v Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
v Yes • No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
v Yes No
5g. Does this project involve bridge maintenance or removal?
v 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 database, NCNHP element occurrence data, and field habitat investigation. NCNHP data indicates there are no known T&E species occurrences
on the site (T&E occurrence figure). On -site habitat consists of disturbed mixed forests, woody wetlands, and perennial streams. A single-family
residence and associated, maintained yard are also present. On -site habitat appears to be too disturbed to be considered suitable habitat for potentially
occurring T&E species (Site photographs).
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 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 C, No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
Field visit, NCSHPO gis data
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?"
v Yes u No
8b. Ifyes, explain how project meets FEMA requirements:
The on -site road crossing will change floodplain elevations. CLOMR process is on -going with FEMA.
8c. What source(s) did you use to make the floodplain determination?"
FEMA firm panel 3710448800K
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
Sig nedAgentAuthorization.pdf
44.31 KB
401_Buffer Pre -filing Meeting Request- Chestnut Lane Subdivision. pd. pdf
162.88KB
2022062800_C_SHT_WETLAND IMPACT EXHIBIT-1.pdf
6.78MB
2022062800_C_SHT_CULVERT IMPACT EXHIBIT-2.pdf
639.51KB
SAW-2021-01809 (signed AJD).pdf
4.28MB
Photopage. pdf
410.2KB
I PACT&EList. pdf
793.77KB
Figures.pdf
6.17MB
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:"
Daniel Zurlo
Signature
O�
Date
12/1 /2022