20230010 Ver 1_ePCN Application_20221230

DW R
mrlslna of Water Besourcrs
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
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:
10/7/2021
BIMS # Assigned"
20230010
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Kistler Farm Road
1a. Who is the Primary Contact?*
Jennifer Robertson
1 b. Primary Contact Email:
[e-mail]
Date Submitted
12/30/2022
Nearest Body of Water
Rocky River
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
Longitude:
35.551263
-80.790370
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
Version# *
1
What amout is owed?
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:eads\ahpitner
1c. Primary Contact Phone:*
[phone]

1a. 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?
Yes No
Nationwide Permit (NWP) Number:
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
29 - Residential Developments
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
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 It. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. 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:
Kistler Farm Property LLC; Ridgeline Corp; Thomas -Logan LLC
2b. Deed book and page no.:
2844 / 1569; 2844 / 1574; 2865 / 990
2c. Contact Person:
Ken Foster
2d.Address
Street Address
PO Box 39
Address Line 2
City
State / Province / Region
Cornelius
NC
Postal /Zip Code
Country
28031
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Robertson
4b. Business Name:
Atlas Environmental
4c.Address
Street Address
338 S. Sharon Amity Road #411
Address Line 2
City
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Analyn Park
1c. Nearest municipality / town:
Mooresville
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
4666-80-4221.000, 4666-70-5176.000, and
2b. Property size:
4666-70-9247.000
27.79
2c. Project Address
Street Address
295 Kistler Farm Road
Address Line 2
City
State / Province / Region
Mooresville
NC
Postal / Zip Code
Country
28211
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Rocky River
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
Headwaters Rocky River
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:*
There is one vacant residence located within the review area at 151 Krystal Nicole Lane. Additional structures were observed within the review area and include a garage at the vacant
house, three storage sheds, and two commercial workshops near the intersection of Krystal Nicole Lane and Kistler Farm Road. The ground surface is gently rolling and generally drains to
the South. The topographic relief of the review area is approximately 75 feet with an approximate maximum elevation of 838 feet and minimum elevation of 763 feet. The surrounding area
consists predominantly of residential homes, forested areas, and three schools. The land use of the review area appears to have previously been a mixture of residential properties and a
commercial business. The commercial business, which was operated at or near 111 Krystal Nicole Lane, appears to be a construction or drilling company.
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:
0.278
4g. List the total estimated linear feet of all existing streams on the property:
420
4h. Explain the purpose of the proposed project: *
The purpose of this project is for a residential development consisting of 46 single family lots as well as active open space consisting of walking trails to the mail boxes and a leisure trail
with benches. Additionally, passive open space will be used as green space and a landscaped entrance to the development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Six permanent, unavoidable impacts are necessary for improvements and widening of Krystal Nicole Lane. Impact S1 (-67 linear feet) and impact S2 (-20 linear feet) for partial fill of CH
100 for the installation and replacement of the existing culvert located North of Pond 1. Impact W1 (-0.016 acre) for the partial fill of WL 1100 to allow for construction activity. Impact W2
(-0.068 acre) for the partial fill of WL 1100 to allow for the installation and replacement of the culvert, improvements and widening of Krystal Nicole Lane, slope fill, and the construction of
a retaining wall. Impact 01 (-0.001 acre) for the partial fill of Pond 1 for the installation and replacement of the existing culvert, slope fill, and the construction of a retaining wall. Impact 02
(-0.008 acre) for the partial fill of Pond 1 to allow for construction activity. Total impacts include approximately 87 linear feet of stream impacts, approximately 0.084 acre of wetland
impacts, and approximately 0.009 acre of open water impacts. Type of equipment includes standard commercial -grade construction equipment.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
Atlas staff was on site on 01/14/2021 and 02/17/2021
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-2021-01434
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Atlas Environmental Staff
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
11 /29/2022
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
Adalyn Park Subdivision is Phase 1 of a multi -phase residential development known as Kistler Farm. No site plans for additional phases have been finalized.
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
1a. 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 (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested* �2f. Type of Jurisdicition* 2g. Impact
h) area

W1
road crossing
P
Seep
WL 1100
No
Both
0.016
(acres)
W2
road crossing
P
Seep
WL 1100
No
Both
0.068
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.084
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.084
E3a.
S7
Reason for impact (?)
road crossing
36.Impact type
Permanent
3c. Type of impact"
Culvert
3d. S. name* ��[3e.
CH 100
Stream Type*
?)
Perennial
3f. Type of
Jurisdiction"
Both
3g. S. width
Average (feet)
3h. Impact
length"
67
Qinear feet)
S2
road crossing
Permanent
Culvert
CH 100
Perennial
Both
2
Average (feet)
20
pinearfeeq
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
87
3i. Total stream and ditch impacts:
87
3j. Comments:
4. Open Water Impacts
31. Total temporary stream impacts:
0
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
01
road crossing
P
Pond 1
Fill
Pond
0.00
02
road crossing
P
Pond 1
Fill
Pond
0.00
4g. Total temporary open water Impacts:
0.00
49. Total open water impacts:
0.00
4h. Comments:
Pond impacts total 0.009 acre.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.00
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Additional impacts are being avoided by site design. All impacts occur within an area adjacent to Krystal Nicole Lane which is an existing gravel
driveway located parallel to the Northern boundary of the review area. No impacts are anticipated to the Southern reach of CH 100. Impacts to WL 1000
are being avoided entirely and approximately 70 % of wetlands onsite are not being impacted. Approximately 99 % of open water impacts are being
avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Additional impacts to CH 100, WL 1100, and Pond 1 are being avoided with the use of retaining walls, the installation and replacement of an existing
culvert, as well as the use of 3:1 slopes as opposed to the standard 2:1 slopes.
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 since wetland impacts are less than 0.10 acre and stream impacts are less than 0.02 acre.
U

F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The Catawba River Basin does not have any Riparian Buffer Protection 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
Comments:
This is not an NCDOT project.
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.
No additional site plans have been finalized.
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?*
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.?
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

51. 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 and NCNHP
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?*
INC HPO Buffer Tool
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 NFHL Google Earth Tool
Miscellaneous
U
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
Kistler Farm Road Project Information Package Compressed.pdf 13.08MB
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:
Layla Tallent
Signature
I e.- I I I - 9�.1t
Date
12/30/2022