20230208 Ver 1_USACE More Info Requested_20230209

Baker, Caroline D
From: Roden Reynolds, Bryan K CIV USARMY CESAW (USA) <Bryan.K.Roden-
[e-mail]>
Sent: Thursday, February 9, 2023 1:18 PM
To: Homewood, Sue; Pitner, Andrew
Subject: [External] 401 WQC Requirements per 40 CFR Part 121 (SAW-2020-02155 /
Barneswood Village / Mecklenburg County)
Attachments: PCN (SAW-2020-02155).pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
NCDEQ,
This email is concerning the attached Pre -construction notification (PCN) received by the U.S. Army Corps of Engineers
(USACE) on PCN RECEIPT DATE. The Corps Action ID Number associated with this project is: SAW-2020-02155 located in
Mecklenburg County, North Carolina. Please direct all questions related to this project directly to Charlotte Field Office
Chief Ms. Sam Dailey [e-mail],
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 DATE THAT IS 121 DAYS FROM USACE RECEIPT DATE.
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]

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps:
❑ Section 10 Permit
X Section 404 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 & 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
X Yes No
1 d. Type(s) of approval sought from
the DWQ (check all that apply):
— Regular ❑ Non-404 Jurisdictional General Permit
— Express ❑ Riparian Buffer Authorization
X 401 Water Quality Certification
❑ 401 Water Quality Certification
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
For the record only for Corps Permit:
❑ Yes X No
❑Yes X No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
x Yes ❑ No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes x No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes X No
2. Project Information
2a. Name of project:
Barneswood Village
2b. County:
Mecklenburg
2c. Nearest municipality / town:
Charlotte
2d. Subdivision name:
Barnes Village
2e. NCDOT only, T.I.P. or state project no:
n/a
3. Owner Information
3a. Name(s) on Recorded Deed:
Sarah Kay Barnes
3b. Deed Book and Page No.
34462-821
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
2204 WOODWYNN DR.
3e. City, state, zip:
GASTONIA NC 28054
3f. Telephone no.:
3g. Fax no.:
n/a
3h. Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent x Other, specify:
Buyer, under contract to purchase
4b. Name:
Richard M. Gee
4c. Business name
(if applicable):
Gvest Capital LLC
4d. Street address:
136 Main Street
4e. City, state, zip:
Pineville, NC 28134
4f. Telephone no.:
704.363.1368
4g. Fax no.:
n/a
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Perry Isner
5b. Business name
(if applicable):
Wetlands & Waters, Inc.
5c. Street address:
328 East Broad Street, Suite D
5d. City, state, zip:
Statesville, NC 28677
5e. Telephone no.:
704.773.4239
5f. Fax no.:
n/a
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
16712105, 16712107, 16712108
1 b. Site coordinates (in decimal degrees): Latitude: 35.15248 Longitude: -80.90938
lc. Property size:
158 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Sugar Creek
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Catawba
3. Project Description
3a. 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 consists of primarily vacant, forested land including an existing sanitary sewer easement.
3b. List the total estimated acreage of all existing wetlands on the property: 2.8
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5965
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a portion of the Archdale-Shopton Connector as shown on the CRTPO Comprehensive
Transportation Plan, as well as a single-family residential development to meet the growing demand for housing in this region.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project includes the proposed development and supporting infrastructure including roadways, utilities, amenities, appurtenant parking and
stormwater facilities. Typical earth -moving equipment will be utilized including but not limited to pan, excavator, dump -truck, bulldozer, etc.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
X Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
X Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Perry Isner
Agency/Consultant Company: w&w, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2020-02155, 01/12/21
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes X No Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
x Yes ❑ No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections
❑ Wetlands
were completed below
for your project (check all that apply):
❑ Buffers ❑ Open Waters ❑ Pond Construction
x Streams — tributaries
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT to Sugar Creek
PER
Corps
5
112
S1 .a P
Stabilization (riprap apron)
UT to Sugar Creek
PER
Corps
5
36
S2 P
Culvert
UT to Sugar Creek
PER
Corps
4
77
S2.a P
Stabilization (riprap apron)
UT to Sugar Creek
PER
Corps
4
36
S3 P
Culvert
UT to Sugar Creek
PER
Corps
7
69
S3.a P
Stabilization (riprap apron)
UT to Sugar Creek
PER
Corps
7
40
3h. Total stream and tributary impacts
370
3i. Comments:
(NWP 14 impacts) - Mitigation proposed for culvert impacts only. Riprap aprons will be pressed into the stream bed at existing elevation such that
aquatic life passage is maintained. Applicant proposes 1:1 mitigation ratio (understanding it will be doubled for use of expanded service area) for
Impact S1 due to low quality rating using NC SAM (attached).
Page 4 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections
❑ Wetlands
were completed below
for your project (check all that apply):
❑ Buffers ❑ Open Waters ❑ Pond Construction
x Streams — tributaries
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S4 P
Culvert
UT to Sugar Creek
PER
Corps
6
58
S4.a P
Stabilization (riprap apron)
UT to Sugar Creek
PER
Corps
6
25
-
Choose one
-
-
-
Choose one
-
-
-
Choose one
-
-
-
Choose one
-
-
3h. Total stream and tributary impacts
83
3i. Comments:
(NWP 29 impacts) - Compensatory mitigation proposed for culvert impacts only. Riprap aprons will be pressed into the stream bed at existing
elevation such that aquatic life passage is maintained. Applicant proposes phased mitigation such that payment made for NWP 29 impacts to be
made prior to construction of S4/S4.a only.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Project has been carefully designed such that impacts are only necessary for road crossings in order to access high ground. NWP14 impacts are
necessary to meet requirements of CRTPO CTP (documentation attached). Extensive headwalls will be utilized in order to minimize impacts to
regulated features. Initial concept plan (included) showed —550LF of impacts, and an additional crossing which has since been eliminated.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Project will be constructed under an approved sediment and erosion control plan in order to ensure that materials incidental to construction activities
will not be transported into downstream receiving waters.
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?
No
X Yes ❑
2b. If yes, mitigation is required by (check all that apply):
X DWQ X Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
fee program
Mitigation
X Payment to in -lieu
❑ Permittee Responsible
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
X Yes
4b. Stream mitigation requested:
316 linear feet
4c. If using stream mitigation, stream temperature:
warm
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: NWP14 - 258 LF ; NWP29 - 58 LF
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes X No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes x No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
>24 %
2b. Does this project require a Stormwater Management Plan?
X Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Project includes construction of several large, permanent stormwater control measures which are designed to meet Phase II standards.
2e. Who will be responsible for the review of the Stormwater Management Plan?
City of Charlotte
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
City of Charlotte
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
X Phase II
NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑Yes X No
4. DWQ Stormwater Program Review
4a. Which of the following state -implemented stormwater management programs apply
(check all that apply):
❑ Coastal counties
❑ HQW
❑ ORW
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land?
❑ Yes X No
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
❑ Yes ❑ No
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
❑ Yes ❑ No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
❑ Yes X No
2b. Is this an after -the -fact permit application?
❑Yes ❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality?
❑Yes x No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Project includes construction of sanitary sewer utilities to tie into existing facilities located on site. No impacts are necessary for construction of
sanitary sewer installation.
Page 9 of 10
PCN Form — Version 1.4 January 2009

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?
5b Have you checked with the USFWS concerning Endangered Species Act
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
❑x Yes ❑ No
❑ Yes ❑X No
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC NHP report, included with this request, indicates no current records of federally listed species within a mile of the project area. A field evaluation
for Schweinitz's sunflower was conducted during the optimal survey window of 2020, with no specimens observed. The report of findings is included.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes x❑No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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 (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ Yes x❑ No
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO WebGIS service
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑x Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Project to comply with FEMA requirements as designed by project engineer
8c. What source(s) did you use to make ttfboo� determination?
FEMA National Flood Hazard Layer
gAYNt(akl.D M lac
Applicant/Agent's Printed Name
Applisant/A
(Agent's signature is vali
fetter from the applica
Page 10 of 10
ture
fy if .n authorization
s provided.)
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Date