20230205 Ver 1_ePCN Application_20230206

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:
4/14/2022
BIMS # Assigned* Version#*
20230205 1
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
la. Name of project:
Avion
la. Who is the Primary Contact?*
S. Paul Petitgout
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:eads\ahpitner
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/6/2023
Nearest Body of Water
Poplin Branch
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.338252 N
A. Processing Information
County (or Counties) where the project is located:
Stanly
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-80.176529 W

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:
Avion of Albemarle, LLC
2b. Deed book and page no.:
DB 1772 Page 1564
2c. Contact Person:
Dean Harrell
2d. Address
Street Address
5615 Potter Road
Address Line 2
City
Matthews
Postal /Zip Code
28104
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
S. Paul Petitgout
4b. Business Name:
Lowrys Environmental & Ecological Services, LLC
4c. Address
Street Address
1823 Quinn Road
Address Line 2
City
Chester
Postal / Zip Code
29706
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
SC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
Avion
lc. Nearest municipality / town:
Albemarle, NC
2. Project Identification
2a. Property Identification Number: 2b. Property size:
654804904100 & 655802007737
2c. Project Address
Street Address
Henson Street
Address Line 2
City
Albemarle
Postal / Zip Code
28001
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Poplin Branch
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050401 Little Long Creek
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:*
NC Land Cover Categories that generally occur on site:
Forest land - Mixed Deciduous -Coniferous Forest Land (remnant forest areas)
Water Bodies - Linear Drainage and Inland Water Bodies(wetlands/stream)
Herbaceous Cover & Shrubland - Herbaceous Cover - Unmanaged Herbaceous Cover - Unmanaged Upland Herbaceous Cover (old fields)
NC Land Use Categories that occur on site:
Active Forest Management and Harvesting — Passively Managed Forest Stands (remnant forest areas)
Water Bodies — Non -Used or Passively Used Water Bodies (wetlands/stream)
Agricultural Land - Cropland & Pasture - Other Cropland and Pasture (old fields)
Current Site Conditions:
The subject property is currently comprised of a remnant forests (passively managed) with a few small fields that are in early succession.
Jurisdictional waters of the US were classified according to USACE and NCDWR guidance. The results of the jurisdictional determination investigation indicated that there were two
jurisdictional stream reaches present within the subject property. Stream Reach SA, and Stream Reach SB occur on site and form a single perennial stream that is separated by an
existing culvert. Stream SA/SB is an unnamed tributary that eventually flows into Poplin Creek (Branch). Poplin Creek (Branch) is a part of the Yadkin -Pee Dee River Basin
(HUC#03040105)(USGS 1974).
Additionally, there are 5 jurisdictional wetlands located within the project area (Wetlands WA, WB, WC, WD and WE). The wetlands located on site mostly contained sweetgum
(Liquidambar styraciflua), loblolly pine (Pinus taeda) and red maple (Acer rubrum) in the overstory and mid -story. Various herbs and vines were also present in the understory: catbrier
(Smilax rotundifolia) and poison ivy (Toxicodendron radicans), blackberry (Rubus sp), etc.).
Current land use in the vicinity of the project consists of commercial to the north, mainly residential to the east and west of the site and a mix of small farmsteads, agricultural land, and
forest land to the south of the property.
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:
±0.6-acre
4g. List the total estimated linear feet of all existing streams on the property:
±525 LF
4h. Explain the purpose of the proposed project: *
The growth of the housing market in the greater Charlotte metropolitan area including Stanly County, has been enormous since the end of the "Great Recession:. The demand for housing
has skyrocketed since 2011. However, within the last quarter, interest rates have been increasing, suggesting that the housing market may be growing more slowly than in years past. This
slowing of growth has not translated into significant changes in demand. Currently, demand is still extremely strong in the eastern portion of the greater Charlotte metropolitan area. With
this in mind, the applicant proposes to construct a ±59-acre mixed residential development (townhomes and apartments). The overall purpose of the project is to provide additional housing
to meet the growing needs of this area of Stanly County and the greater Charlotte Metropolitan area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project consists the following impacts: Impact Stream A (Perennial Stream SA) consists of 106 linear feet (±0.007-ac) of permanent, perennial stream impact for the placement of a
culvert for a road crossing, including the rip rap apron that will be keyed in to the stream bed elevation and will cause no loss of waters. Also, as a part of this impact there is an existing 25
linear foot small culvert that will be removed (the removed culvert is within the footprint of the new culvert). Wetland A (Wetland WA) [0.143-acre] will be impacted by fill for required
infrastructure. Wetland B (Wetland WB)[0.190-acre], Wetland C (Wetland WC)[0.060-acre] and Wetland D (Wetland WD)[0.019-acre] will be impacted by fill for road crossings and other
required infrastructure. All of the impacts are direct impacts that are required in order to construct the development.
Typical construction equipment will be used for this project. Those pieces of equipment include, but are not limited to: bulldozers, track hoes, dump trucks, etc.
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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
S. Paul Petitgout
Lowrys Environmental & Ecological Services, LLC
6a. Is this a phased project?*
Yes No
Unknown
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?
None that are known.
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*
(?)
29. Impact
area*
Wetland Impact
A
Fill
P
Headwater Forest
Wetland WA
Yes
Both
0.143
(acres)
Wetland Impact
B
Fill
P
Headwater Forest
Wetland WB
Yes
Both
0.190
(acres)
Wetland Impact
C
Fill
P
Headwater Forest
Wetland WC
Yes
Both
0.060
(acres)
Wetland Impact
D
Fill
P
Headwater Forest
Wetland WD
Yes
Both
0.019
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.412
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.412
3a. Reason for impact (?)
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 1
Permanent
Culvert
Stream A (Stream SA)
Perennial
Both
3
Average (feet)
106
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
106
3i. Total stream and ditch impacts:
106
3i. Total temporary stream impacts:
0
3j. Comments:
Rip rap apron at the downstream end of culvert will be "keyed in" to the stream bottom elevation, so that aquatic life movement is not impeded. There
will be no loss of waters from the rip rap apron.
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:
Avoidance and minimization was difficult with regard to this property as the property averages only 800 feet in width (500 feet at its narrowest point and
1,100 feet at its widest point). This leads to a design that must generally lay parallel to the property lines. This being the case makes it difficult to avoid
and minimize wetland and stream impacts because once an a design feature (road, parking, building) encounters a wetland or stream, the desing must
be altered to an "other than parallel" alignment, which when a property is so narrow, does not leave enough room for the needed infrastructure.
Impacts to streams on site were limited to a single road crossing needed for access to the site. Additionally wetland impacts were limited to those
wetland areas that were not directly associated with streams that occur on site. Avoidance was achieved by avoiding impacts to one wetland system
(Wetland WE) that ran with the stream that bisects the site. Minimization was achieved by minimizing the impacts to another wetland area associated
with the stream that bisects the property (Wetland WD).
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
As mentioned above, Wetland WE was avoided by keeping all grading associated with the property out of this wetland area. Impacts to Wetland WD
were minimized by pulling the grading associated with the roadway access to the minimum necessary to create safe slopes that meet both the local
jurisdiction and NCDOT requirements.
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:
Upper Rocky UMB - Upper Rocky River Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Riparian wetland
Quantity:
up to 0.824-acre (2:1 max ratio)
3c. Comments
Email requesting and a reply stating that the desired credits for the project are available is attached in Section A 1 g.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that 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?
Yes No
If no, explain why:
This project occurs in a watershed that is not subject to the NC 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 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 Albemarle, NC
State Stormwater Programs
Phase II
HWQ or ORW
Comments:
Coastal Counties
Other Unknown
We have attached the stormwater management plan that has been approved by the City of Albemarle and also by NCDEQ by Mr. Jerry Eplin, (for erosion control) with the exception of
needing the Section 404/401 permits from NCDWR and the USACE. A copy of the stormwater plan is attached below in the miscellaneous section.
According to the Post Construction Stormwater Map website maintained by the NCDEQ Stormwater Program, the project area occurs in an area of the City of Albemarle and Stanly
County, NC where there is no Stormwater Program and the area is not a Phase II Stormwater Area.
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 residential development is a single and complete project that has been master planned, so all reasonably anticipated impacts have already been
accounted for in this permit application.
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.
City of Albemarle will accept the sewage from on site into their system for treatment in their treatment facility. They did not provide the current capacity at
their plant, but it can be requested, if needed.
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?
NC Natural Heritage Program Database
USFWS iPac Species List
USFWS Northern Long -Eared Bat SLOPES Maps
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 (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?*
NC State Historic Preservation Office (NCSHPO) HPOWEB 2.0 (NDCOT and Consultants) Database. However the archaeological component is not
viewable by the general public. Based on our review of the HPOWEB 2.0 database, no listed resources with historic significance were located within a 1-
mile radius of the proposed project site.

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 3710654800J (effective 9/3/2008)
FEMA FIRM 3710655800J (effective 9/3/2008)
FEMA FIRM 3710654700J (effective 9/3/2008)
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 dreg and drop files here to attach document
7438_Avion Mixed Use - CDs - 2022-12-02 - Signed.pdf 103.56MB
Preliminary JD Package_Avion_2-6-23_FINAL.pdf 5.24MB
Avion Site PCN Information_2-6-23.pdf 5.81MB
File must be PDF or KMZ
Comments
Stormwater Plans are being attached below as a separate file due to the size of the file.
Additionally, the Request for Jurisdictional Determination is attached below as a separate file due to the size of the file.
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:
S. Paul Petitgout
Signature
a5° �ar�Gy�sc
Date
2/6/2023