20230738 Ver 1_ePCN Application_20230523

DW R
DHlsloo 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:
2/16/2023
BIMS # Assigned
20230738
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:
WAM Beard Road Townhomes Project
1a. Who is the Primary Contact?*
Dave Homans
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/23/2023
Nearest Body of Water
Rocky River
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.369927
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:
-80.744832
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 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
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 forthe 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:
Linda B Wallace/Richard and Connie Wallace/William and Mallory Davis
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
3200 Beard Road/3124 Beard Road/3100 Beard Road
Address Line 2
city
Charlotte
Postal / Zip Code
28269
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:'
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Joshua Wilkes
3b. Business Name:
WAM Beard Road LLC
3c.Address
Street Address
4402 Garris Road
Address Line 2
City
Charlotte
Postal / Zip Code
28209
3d. Telephone Number:
[phone]
3f. Email Address:"`
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
D David Homans
4b. Business Name:
S&ME Inc.
4c.Address
Street Address
2016 Ayrsley Town Blvd. Suite 2-A
Address Line 2
City
Charlotte
Postal / Zip Code
28273
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Charlotte
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
02920116,02920118,02920101 9.59

2c. Project Address
Street Address
3124 Beard Road
Address Line 2
City
Charlotte
Postal / Zip Code
28269
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?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050106
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: *
The project area is made up of well managed turf lawns, a few small fringe wooded areas, and a wooded back yard area with a well maintained and mowed turf herbaceous layer. The
property is bordered by a single-family residential development to the east, a multifamily residential development to the southeast and wooded areas and maintained fields to the
southwest. The future Odell School Road extension (to be constructed by others), which will connect Odell School Road to Beard Road, will serve as the southwestern project boundary
when it is completed. See maps / site photos in attached cover letter.
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:
0.56 (open waters)
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project: *
The proposed project will convert three existing residential properties into property into 108 townhome units in the rapidly growing Highland Creek neighborhood of northeastern Charlotte.
This densification is necessary to help alleviate the housing crisis currently occurring in Charlotte and the surrounding region. Permanent impacts to a portion of the onsite pond are
necessary to allow for the construction of drives that allow the required ingress and egress, as well as to allow for the construction of the number of building units necessary to make the
project site economically viable.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project will involve the construction of 18 buildings each with six townhome units. In addition to site grading and building construction, the proposed project will involve
private road construction (the extension of Rickenbacker Rd.) parking construction, construction of a stormwater control measure, and sanitary sewer installation. No indirect impacts are
likely to occur as a result of this project as the project is connecting to existing utilities and the project is a single contained project surrounded on all sides by existing development or
developments that have already been approved. Typical construction and grading equipment will be utilized.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
The site was delineated by ECS as a part of a larger PJD
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-2022-01654
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jesse Degnan
Agency/Consultant Company: ECS Southeast LLP
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD for the project site as well as additional areas was issued by Bryan Roden -Reynolds on 8/3/2022.
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. This project is a single and complete project including all necessary utilities, and no additional impacts associated with this project are proposed.
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
4. Open Water Impacts
4a. Site #
4al. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
Impact 1
Impact 2
Fill
Disturbance / Tie in
Grading
P
T
Open Water 1
Open Water 1
Fill
_11
Reshaping
Pond
Pond
0.44
0.04
Impact 3
Dewatering
T
Open Water 1
Dewatering
Pond
0.08
4g. Total temporary open water Impacts:
0.12
4g. Total open water impacts:
0.56
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.44
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project has been designed to minimize impacts to jurisdictional waters to the maximum extent possible while still maximizing the number of housing
units generated and fitting the required driveway and stormwater infrastructure into the area available. During the project design process, site layout and
building and driveway orientation was substantially revised in order to maximize the extent of Open Water 1 that would remain unfilled. Stormwater plans
were designed to ensure that no net additional impervious surface stormwater would be directed to Open Water 1 and that this feature would not be
used for stormwater treatment or construction of stormwater facilities.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
During construction, appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual' will be used to minimize impacts to Open Water 1. Appropriate dewatering structures,
pumps, and pump -around features will be used so that work within Open Water 1 is conducted "in the dry".
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
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet) 4c. If using stream mitigation, what is the stream temperature:
0
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet) (acres)
0 0
Q
0
V

4f. Non -riparian wetland mitigation requested:
(acres)
0.44
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
Based on previous direction from the USACE, mitigation for open water losses is proposed using wetland mitigation credits on a 1:1 ratio.
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:
Project area does not contain regulated 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 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.
Charlotte
Comments:
A stormwater plan is being prepared and submitted to the City of Charlotte for approval. Stormwater will be treated using a sand filter SCM east of the existing pond.
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.
The proposed project is a single complete project surrounded on all sides by existing development or developments that have already been approved.
Utility requirements for the project are fully accommodated by existing infrastructure which has adequate capacity. As such it is unlikely to result in any
additional development.
4. Sewage Disposal (DWR Requirement)
0
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.
Wastewater will be treated by Charlotte Water, and will be treated by the Rock River W WTP; flow allocation has been approved under recent expansion
of this W WTR
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
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?
S&ME conducted a protected species assessment on April 19, 2023. No potential protected species habitat was identified on site. See attached Cover
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 https://www.habitat.noaa.gov/apps/efhmapper/
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 Historic Preservation Office HPOWEB 2.0; See attached Cover 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?
Meckenburg County FEMA 100-year floodplain data layer, See Figure 2 in attached cover letter.
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 drag and drop files here to sheen document
Beard RdTownhomesPCNCoverLetter.pdf 11.96MB
File must be PDF or KMZ
Comments
SEE ATTACHED COVER LETTER
Signature
*
By checking the box and signing below, I certify that:
6
• 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:
D. David Homans
Signature
44. "
Date
5/23/2023