20230582 Ver 1_ePCN Application_20230420

DWR
Division of Water Resources
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:
2/23/2023
BIMS # Assigned
20230582
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:
The Foundry at Cedar Street
1a. Who is the Primary Contact?*
Mill Creek Residential Trust; Justin Houston
1b. Primary Contact Email:
[e-mail]
Date Submitted
4/20/2023
Nearest Body of Water
Irwin Creek
Basin
Catawba
Water Classification
Class C
Site Coordinates
Latitude:
35.2277
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
Yes No
Longitude:
-80.8545
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:[e-mail]
1c. Primary Contact Phone: *
[phone]
Is this project a public transportation project?*
Yes No

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
1b. What type(s) of permits) 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
fig. 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
1h. 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. Nani on recorded deed:
AP FOUNDRY LP
2b. Deed book and page no.:
36997-854
2c. Contact Person:
Justin Houston
2d. Address
Street Address
802 GERVAIS ST STE 200
Address Line 2
City
State / Province / Region
COLUMBIA
SC
Postal / Zip Code
Country
29201
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Gillie Lane c/o Jerome T Ferguson, Sr.
2b. Deed book and page no.:
28611-19
2c. Contact Person:
Justin Houston
2d. Address
Street Address
1180 ERIKSON RD
Address Line 2
city
Columbus
Postal / Zip Code
43227
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Justin Houston
3b. Business Name:
Mill Creek Residential Trust
3c.Address
Street Address
1001 Morehead Square Drive, Suite 300
Address Line 2
city
Charlotte
Postal / Zip Code
28203
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Christine A. Geist, PWS
4b. Business Name:
NRE Environmental, LLC
4c.Address
Street Address
PO Box#401
Address Line 2
city
Fort Mill
Postal / Zip Code
29716
4d. Telephone Number:
[phone]
0. Email Address:*
[e-mail]
2f. Fax Number:
State / Province / Region
Ohio
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
SC
Country
USA
4e. Fax Number:

C. Project Information and Prior Project History
0
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
City of Charlotte
2. Project Identification
2a. Property Identification Number:
07318201 and 07318310
2c. Project Address
Street Address
619 S Cedar St
Address Line 2
City
Charlotte
Postal / Zip Code
28202
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Irwin Creek
3b. Water Resources Classification of nearest receiving water:"
Class C
3c. What river basins) is your project located it *
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030101
4. Project Description and History
2b. Property size:
4.78
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 Foundry at Cedar Street site is bounded on the northwest by S Cedar Street and the west by W Hill Street, with Bank of America Stadium to the south in City of Charlotte,
Mecklenburg County, NC (Attachment 1).
The project area is listed as a Brownfield's site and is located within an urban commercial area, with industrial and commercial developments adjoining the property (Attachment 2). The
industrial property is used as converted retail and commercial office space in the northwest, gravel parking for stadium traffic in the central and northeast portion of the site, and a
commercial auto shop in the south.
The 2019 Charlotte East USGS Topo Map indicates the site is at an elevation of 664 to 712 feet (Attachment 3). General surface water drainage is to the northwest toward Irwin Creek.
The Project is located in the Lower Catawba River Basin (HUC8 03050103). The United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Soil
Survey of Mecklenburg County identifies two soil series mapped within the site (Attachment 4). The National Wetlands Inventory (NWI) Map prepared by the U.S. Fish and Wildlife Service
does not identify the presence of wetlands or other waters within the project area (Attachment 5).
The property was delineated by NRE Environmental on July 28, 2022 and a preliminary jurisdictional determination was issued by Ms. Meagan Jolly of the USACE on February 17, 2023
(Attachment 7). Based on the determination, there is one unnamed perennial tributary on the site (Attachment 8). No ponds, lakes, or other wetland waters are present on the site.
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
4g. List the total estimated linear feet of all existing streams on the property:
115
4h. Explain the purpose of the proposed project: *
The purpose of this project is an adaptive reuse development of a documented Brownfields site that is located within City of Charlotte's Draft 2040 Center City Vison Plan (July 2021) in the
Cedar Yards/Foundry District. The NC Brownfields Property Reuse Act of 1997 [NCGS 130A310.30 et seq.] sets forth the authority for the Department of Environment and Natural
Resources to work with prospective developers to put Brownfields sites back into reuse.
This project also supports the City of Charlotte's proposed Unified Development Ordinance (effective June 1, 2023) and is located in the Community Activity Center 2 Zoning District,
where mixed modal use is planned that connects the anticipated Silver Line Metrorail and the proposed West Morehead Station with walkable/bikeable residential and commercial areas
near Bank of America Stadium. The Project is also supporting City of Charlotte's proposed improvements to the aging/haphazard stormwater network in the area.

4L Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project is a new mixed -use development, with multifamily units and ground -floor retail. The development will consist of approximately 380 multifamily units and 22,000
square feet of retail. Parking, access, landscaping, stormwater, courtyards, and utilities will be provided to support the mixed -use development for tenants, patrons, and safety.
The development will maintain existing buildings at the property to provide a harmonious experience of new and old. The new buildings have been set approximately 40' off of the existing
buildings to provide adequate fire and life safety access and provide a walkable area for the mixed -use development appropriate for the future Transit Corridor.
Construction of this project under Nationwide Permit 29 will require permanent impacts to one jurisdictional non -wetland waters of the U.S. totaling 115 linear feet.
Stream Impacts (Permanent S1)
The proposed stream impact is permanent and totals 115 linear feet. The stream impact (S1; 115 LF) to Stream SA is permanent and includes rerouting of the jurisdictional channel into a
99', 6x6 precast concrete box culvert. Stream SA is a linear excavated feature and scored MEDIUM with NCSAM assessment. The stream is inline with existing piped City of Charlotte
stormwater management systems and the culverting and relocation of the pipe is required for safety and to support the existing piped network. Existing culvert within the city of Charlotte
proposed expansion of Brooklyn Village Avenue easement will be replaced with a 64' RCB and a 37' RCB prior to connection onsite. No riprap will be needed for this installation
(Attachment 11; Impact 1 Storm Plan and Profile).
Proper sediment and erosion control techniques will be used to protect water quality. Typical heavy equipment will be used in the grading operations (bulldozers, excavators, dump trucks,
graders, trench boxes, air compressors, generators, work trucks, and bypass pumps for the water diversion, etc.). The existing channel is to remain active during construction. The box
culvert will be installed prior to stream diversion, with the existing pipe system tie in used to divert flow with a bypass pump upstream when necessary. Upon inspection and approval from
inspector, structure s-9 will be set over the existing box culvert and flow will be diverted into the new box culvert (Attachment 11; Impact 1 Storm Details).
NCSAM scores were MEDIUM for the impact area to compensate for the proposed permanent stream impacts. Based on current mitigation determinations, the impact will be assessed at
a 3.5:1 ratio and will be achieved through payment to the NC Division of Mitigation Services (NCDMS) In -Lieu Fee program. Conditional NCDMS acceptance is attached (Attachment 13).
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
NRE Environmental, LLC. 2022. Wetlands and Other Waters Delineation Report; The Foundry;
August 1, 2022. 30 pp. (WOUS Delineation Map Attachment 8)
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-2023-00194
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Christine A. Geist, PWS
Agency/Consultant Company: NRE Environmental, LLC
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Preliminary Jurisdictional Determination, dated February 17, 2023, is included in Attachment 7 (SAW-2023-00194).
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?
No other NWP(s), regional general permit(s), or individual permits(s) will be used, or are 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
3. Stream Impacts
❑
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
Fill
Permanent
Culvert
Stream SA
Perennial
Both
Average (feet)
115
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0

3i. Total permanent stream impacts:
115
3i. Total temporary stream impacts:
3i. Total stream and ditch impacts:
115
3j. Comments:
Permanent stream impacts: 115 LF. Stream to be filled and waters diverted into a culvert and existing culvert system. NCSAM scores MEDIUM for the
impact area. Mitigation will be assessed at a 3.5:1 ratio and will be achieved through payment to the NC Division of Mitigation Services (NCDMS) In -Lieu
Fee program. Conditional NCDMS acceptance is attached (Attachment 13).
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:
To avoid and minimize impacts to federal resources, The Foundry at Cedar Street site was reviewed for protected species, wetlands and other waters of
the US, and historic resources prior to finalizing the site plan. The project has been designed to avoid impacts wherever possible. We believe that the
current site plan is the best possible plan that meets the project goals while avoiding impacts to onsite resources to the greatest extent practicable.
No Build Alternative
In an attempt to minimize impacts to jurisdictional waters while still meeting the goals of the project, a "No Build" alternative was considered. The
property is being purchased for the purpose of providing mixed -use residential housing with pedestrian friendly ground floor retail space to meet the
growth and demand of an area in Mecklenburg County experiencing significant population growth. A "No Build" option would not meet the project goals
of providing necessary modal housing and retail to meet the future goals of the City of Charlotte. Therefore, the No Build Alternative was eliminated from
further consideration.
Alternative Site Plan
An alternative site concept was evaluated for The Foundry at Cedar Street site to avoid impacts to the onsite waters. Because of significant site grades,
preservation of existing historic structures in the northern portion of the Project, and loss of developable area to accommodate the proposed Silver Line
and station in the southern portion of the Project, avoidance of the waters further reduced developable area, making development of the property for its
planned use impracticable. Because of these site constraints, the alternative concept plan was rejected.
Proposed Design Plan
The proposed site plan has been thoughtfully designed to avoid impacts to federal resources wherever practicable (Attachment 11). Impacts to
jurisdictional waters of the U.S consists of installation of a pipe to channel the remaining open water flow into the existing piped system. The proposed
development is situated on an existing developed site with a portion of the site restricted by listed historic resources. These existing buildings and the
future infrastructure developments that surround the project have significantly restricted the developability of the parcel. The design teams have worked
diligently to develop a plan that keeps the existing development part of the overall master plan as well as planning for the new improvements around the
site by the City of Charlotte.
Buildings located at the north end of the development are listed with the SHPO office (Building MK2205- Queen City Foundry and Building MK2226-B.F.
Avery and Sons Plow Company), and will remain untouched as part of the proposed project. The proposed building will maintain a minimum of 40'
distance from these existing buildings to allow for proper fire and life safety, as well as not impact any visibility from the existing glazing, keeping the
existing buildings in compliance with local codes. Avoidance of these historic resource buildings preserves and allows for reuse of over 28 % of the
existing Project area.
To the northeast of the site, there is an existing pedestrian pathway. The City of Charlotte is currently planning a roadway extension of Brooklyn Village
Avenue (Project No. 512-16-XXX Stonewall St Ext), which would extend from Graham Street adjacent to the stadium to Cedar Street next to The
Foundry at Cedar Street property. While a timeline has not been given for this plan, the proposed design plan accommodates the expected
improvements in our development for the new roadway, sidewalks, and setbacks.
The proposed CATS Silver Line alignment south and east of the Project further restricts development on the site. The proposed Silver Line will run along
the southeast of the site and form the future southeast property line. Additionally, CATS has plans for an "Event Station" at the site to support the
increased number of passengers coming to and from Bank of America Stadium. While the Silver Line has not yet acquired ROW from the site, the
design plans avoid construction on over %of an acre (17%) of developable area for the site, encroaching into the property from the southeast.
The proposed impact is unavoidable in order to support the Project goal of providing mixed -use residential housing with pedestrian friendly ground floor
retail space in line with City of Charlotte enhancement plans. As the jurisdictional stream channel is present at an angle on a developable portion of the
site, alternative options for avoiding impacts to the jurisdictional feature and accomplishing the Project goals while maintaining a safe pedestrian friendly
design are not feasible. Proposed permanent impacts total 115 linear feet of stream. The current site plan is included as Attachment 11.
The development team continues to work with the local jurisdiction on their future improvements to the area.
1b. 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. Silt fence will be installed around the
jurisdictional features, outside of the stream during construction. All work will be constructed in the dry. Construction activities and impacts to on -site
jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit No. 29 and Water Quality General Certification No. 4139.
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):
D W R 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
a

4a. Approval letter from in -lieu fee program is attached
Yes No
4b. Stream mitigation requested:
(linear feet)
115
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested
4h. Comments
It is anticipated that mitigation will be at 1.75 to 1 (x2) for MEDIUM NCSAM score
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
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:
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:
The City of Charlotte will be reviewing the stormwater plan. Stormwater Control Measures (SCM) consist of integration with existing City of Charlotte stormwater network.
A copy of the Stormwater plan will be provided to NCDEQ per request.
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 project will not result in cumulative impacts to jurisdictional waters in the foreseeable future.
u
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.
Sewerlines will be connected to an existing off -site municipal sewerline. On -site sewage will be treated off site at a Charlotte treatment plant.
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
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, publicly available databases of ecological
resources and classification systems were reviewed for species of concern and their habitat information for Mecklenburg County, North Carolina and
within the Project area. The North Carolina Natural Heritage Program (NCNHP) Data Explorer and the USFWS Information for Planning and
Conservation (IPaC) records for species of concern and their habitat within or near the Project area were obtained and reviewed on November 29, 2022.
Following this review, a field investigation was conducted onsite and no listed species or their habitat were observed. The results of protected species
assessment are included in the attached Threatened and Endangered Species Habitat Assessment Report (Attachment 14).
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 Fisheries: http://www.habitat.noaa.gov/protection/efh/habitatmapper.html
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? *
An environmental request review letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on February 28, 2023. NRE also
reviewed the SHPO online GIS service and Charlotte -Mecklenburg Historic Landmarks Commission webpage and GIS data, which indicated there are
two structures on the project site that have been listed as SO (individual resource which has only been surveyed) and that a portion of the project area is
within an Industrial Historic District listed as SLDOE (Individual resource both on the Study List and Determined Eligible) based on Historic Preservation
Office data (Attachment 15). A response letter from SHPO was received on April 18, 2023 and stated " We have conducted a review of the project and
are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed."
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 Panel No. 3710454400K (Attachment 6)
Miscellaneous
Q

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
NWP_Attachments_FoundryAtCedarSt_Meck.pdf 11.25MB
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:
Christine A. Geist
Signature
cN�'snnAs,41�r
Date
4/20/2023
M