20211836 Ver 2_ePCN Application_20230518

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:
2/7/2021
BIMS # Assigned
20211836
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:
Shepherd's Farm (Belk Residential)
1a. Who is the Primary Contact?*
George Harvey
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/18/2023
Nearest Body of Water
Cornelius Creek
Basin
Catawba
Water Classification
WS-Iv
Site Coordinates
Latitude:
35.632213
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Iredell
Is this a NCDMS Project
Yes No
Longitude:
-80.826312
Version#*
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:[e-mail]
1c. Primary Contact Phone: *
[phone]
a
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
Please provide the date of the previous submission.
12/6/2021
1b. What types) 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):
29 - Residential Developments
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
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: Yes No
For the record only for Corps Permit: Yes No
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
fig. 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
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. Nari on recorded deed:
Mitchell B & Melanie P Belk
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
120 Belk Road
Address Line 2
City
State / Province / Region
Mooresville
NC
Postal/Zip Code
Country
28115
USA

2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
2a. Name(s) on recorded deed:
Susan N & Daphne G McCarter
2b. Deed book and page no
2c. Contact Person:
2d.Address
Street Address
312 Wood Duck Loop
Address Line 2
city
Mooresville
Postal / Zip Code
28117
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Mitchell B Belk ETAL
2b. Deed book and page no
2c. Contact Person:
2d.Address
Street Address
120 Belk Road
Address Line 2
city
Mooresville
Postal / Zip Code
28115
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Thomas E Carriker III ETAL
2b. Deed book and page no
2c. Contact Person:
2d. Address
Street Address
145 Shinnville Road
Address Line 2
City
Mooresville
Postal / Zip Code
28115
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Jennifer M Holt / Jennifer 0 Meadows
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:

2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
108 Mills Plantation Circle
Address Line 2
city
Troutman
Postal / Zip Code
28166
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
George Harvey
3b. Business Name:
Caballero Holdings, LLC
3c.Address
Street Address
3840 Windermere Parkway, Suite 402
Address Line 2
city
Cumming
Postal / Zip Code
30041
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Robertson
4b. Business Name:
Atlas Environmental Inc.
4c.Address
Street Address
338 S. Sharon Amity Road #411
Address Line 2
city
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:
[phone]
0. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Shepherd's Farm
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
GA
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
O

1c. Nearest municipality I town:
Mooresville
2. Project Identification
2a. Property Identification Number:
4659705087,4659704103,4658792995,
4659702086,4658495222,4659407004,
4658585819,4658573750,4658468604,
2b.Property size:
4659503669
220.84
2c. Project Address
Street Address
120 Belk Road
Address Line 2
City
State / Province / Region
Mooresville
NC
Postal / Zip Code
Country
28115
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Cornelius Creek
3b. Water Resources Classification of nearest receiving water:"
WS-IV
3c. What river basin(s) is your project located in?
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011106
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: "
The ground surface is gently sloping to the West. The surrounding area consists predominantly of farmland with some residential developments to the Southeast. The land use of the
review area is mostly undeveloped and forested with two residences and associated structures in the Eastern region.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
Previous permits issued under: SAW-2021-00263 and DWR # 21-1836
4f. List the total estimated acreage of all existing wetlands on the property:
0.839
4g. List the total estimated linear feet of all existing streams on the property:
12,352
4h. Explain the purpose of the proposed project: *
The project purpose is for the construction of a residential development consisting of detached single family dwellings. The development will also include the construction of stormwater
treatment, parking, amenity areas, roadways, and associated infrastructure such as electric, sewer, and water.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project will require land clearing and earth moving for the preparation of the ground surface for home sites and road construction. Stream and wetland impacts are necessary and
unavoidable for construction. The proposed development includes approximately 391 units. There are a total of five road crossings. Two crossings will be bottomless culverts and three
road crossings are culverted.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
PJD issued on 04/02/2021
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-2021-00263
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Atlas Environmental Staff

Agency/Consultant Company: Atlas Environmental Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD issues on 04/02/2021
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
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
W1
Reason(?)
Fill
2b. Impact type* (?)
P
2c. Type of W. *
Bottomland Hardwood Forest
2d. W. name
WL 2000
2e. Forested*
Yes
2f. Type of Jurisdicition *
(?)
Both
�29- Impact
area
0.026
(acres)
W2
Fill
P
Bottomland Hardwood Forest
WL 2400
EA
Both
0.095
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.121
21. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.121
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
❑
(?)
Jurisdiction*
length*
g1
Road Crossing
Permanent
Culvert
CH 200
Perennial
Both
91
Average (feet)
(linear feet)
S2
Road Crossing
Permanent
Culvert
CH 200
Perennial
Both
98
Aveage (feet)
(linear feet)
S3
Road Crossing=Itf]
Culvert
CH 400
Perennial
Both
7
84
Average (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
273
31. Total stream and ditch impacts:
273
3j. Comments:
Impact S1: 91 LF, 0.010 Ac
Impact S2: 98 LF, 0.019 Ac
Impact S3: 84 LF, 0.014 Ac
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
M

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
There are a total of 5 road crossings proposed. Two of the road crossings are designed as bottomless culverts. The remaining three are culverted
crossings. The location of the road crossings were chosen to be at relatively straight sections of stream to minimize additional impact.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Retaining walls are proposed at the upstream and downstream extent of at all five of the stream crossings to avoid and minimize impacts. The side
slopes from the road to the retaining walls are 2:1 which further reduce impacts compared to shallower 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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation options) 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)
273
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.121
4g. Coastal (tidal) wetland mitigation requested:
(acres)
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
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:
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?
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 programs) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Iredell County
Comments:
The site plan includes the construction of 12 stormwater control measures.
�J

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.
This is a single and complete project.
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.
The project will connect to municipal sewer
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?
IPaC and NC HPO. See included comment letter
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?"
NC HPO Buffer Map, See included comment letter
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?"
Google Earth FEMA NFHL .kml
Miscellaneous O
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
Belk Residential Project Information Package Compressed.pdf 12.94MB
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
,�uX19pal _0W--
Date
5/18/2023