20230763 Ver 1_ePCN Application_20230525

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:
3/28/2023
BIMS # Assigned
20230763
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:
Statesville/Stumptown Rd. Redevelopment
1a. Who is the Primary Contact?*
Kyle Whitaker
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/25/2023
Nearest Body of Water
Torrence Creek
Basin
Catawba
Water Classification
Class C
Site Coordinates
Latitude:
35.4257
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:
-80.8601
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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:
RP Huntersville Property Owner LLC
2b. Deed book and page no.:
37649-701, 37649-698, 37649-692, 37649-653
2c. Contact Person:
[e-mail]
2d.Address
Street Address
558 E. Brooklyn Village Ave.
Address Line 2
Ste 120
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28202 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. 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]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Town of Huntersville
2. Project Identification
2a. Property Identification Number:
00910104,00910103,00910124,00910109
2c. Project Address
Street Address
15520, 15432, 15400, and 15210/15236 Statesville Rd.
Address Line 2
City
Huntersville
Postal / Zip Code
28078
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Torrence Creek
3b. Water Resources Classification of nearest receiving water:
Class C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011401
4. Project Description and History
2f. Fax Number:
State / Province / Region
SC
Country
USA
4e. Fax Number:
2b. Property size:
19.7
State / Province / Region
NC
Country
USA
a

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 site is located on the east side of Statesville Rd., and extends to its intersection with Stumptown Rd. in the Town of Huntersville, Mecklenburg County, NC (Attachment 1).
The Project area consists of maintained residential buildings and lawn, maintained open field, and mixed hardwood forest (Attachment 2). The surrounding properties are residential and
commercial.
The 2019 Cornelius, NC USGS Topographic Map indicates the site is at an elevation of 728 to 784 feet (Attachment 3). Slopes are mostly oriented to the north and northwest. General
surface water drainage is to the northwest toward an unnamed tributary to Torrence 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 six soil series mapped within the site (Attachment 4).
There are no hydric soils listed. The NWI map prepared by the U.S. Fish and Wildlife Service indicates there are no aquatic features within the project area (Attachment 5). The Federal
Emergency Management Agency (FEMA) Flood Map indicates the site is within Zone X, an area of minimal flood hazard (Flood Map 3710464100K; Attachment 6).
The property was delineated by NRE Environmental on April 13, 2022 and March 27, 2023 (Attachment 7). Based on the determination, there is one unnamed perennial tributary and
palustrine emergent wetlands on the site (Attachment 8). No ponds, lakes, or other non -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:
0.202
4g. List the total estimated linear feet of all existing streams on the property:
660
4h. Explain the purpose of the proposed project: *
The purpose of this project is to develop the property into a residential subdivision consisting of single family residential homes and apartment units and associated parking and amenities.
This project will provide much needed residential housing to the Town of Huntersville, North Carolina near 1-85 and 1485 within the greater Charlotte metropolitan area to meet the growing
demand for housing due to population growth in the region.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project proposes a single-family residential development on ±20 acres in the town of Huntersville, North Carolina. The proposed development will consist of approximately 150
residential units and associated roads, utilities, parking, amenity areas and other elements typical of a modern residential development. The development will include both detached homes
and muti-family dwelling units (Attachment 11). Construction of this project under Nationwide Permit 29 will require permanent impacts to one jurisdictional wetland waters of the U.S.
totaling 0.17 acres and 1 jurisdictional non -wetland waters of the U.S. totaling 237 linear feet for permanent impacts (including 10 LF of no loss of waters) and 30 LF for temporary impacts.
Stream Impacts (Permanent S1, S2, and S3)
The proposed stream impacts are permanent and total 237 linear feet. The first stream impact (S1; 156 LF) to Stream SA is permanent and includes the installation of culverts with
associated grading for a road crossing for Town of Huntersville required right of way, Moonbrook Court. The second impact (S2; 10 LF) will be a permanent impact with no loss of waters
for a riprap apron that will be keyed into the surface elevation at the outlet of the culvert. The third stream impact in the headwater area of the stream is a permanent fill and is necessary
for continuity of two proposed lots. Impact S2 totals 71 LF. Stream SA scored MEDIUM with NCSAM assessment (Attachment 12).
Stream Impacts (Temporary S4)
Temporary impacts to the streams total 30LF and will be required for sand bagging or pump around and included temporary fill for dewatering activities. (S4=30 LF). Temporary stream
impacts will be restored to natural condition.
Wetland Impacts (W1)
The proposed wetland impacts are permanent and total 0.17 acre. Fill in Wetland A (W1; 0.17 ac) will be necessary because of grading for a road crossing. The wetland is located across
the center of the project and fill for the required road is necessary to cross this feature. The wetland scored MEDIUM with NCWAM assessment.
Proper sediment and erosion control techniques will be used to prevent future cumulative impacts. 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.).
NCSAM and NCWAM scores were MEDIUM for all impact areas to compensate for the proposed permanent stream and wetland impacts. Mitigation will be assessed at a 1.75:1 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
Comments:
No
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): Christine A. Geist, PWS
Agency/Consultant Company: NRE Environmental, LLC
Other:
6. Future Project Plans
6a. Is this a phased project?*
Unknown
Yes OO 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?
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
2al Reason (?)
2b. Impact type" (?)
2c. Type of W. *
2d. W. name
11
2e. Forested"
2f. Type of Jurisdicition *
?)
2g• Impact
area
ff
Fill
P
Non -Tidal Freshwater Marsh
Wetland A
L
Corps
0.170
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.170
2i. Comments:
Proposed permanent impacts to jurisdictional wetland waters total 0.17 acre.
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.170
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
width
3h. Impact
❑
(?)
Jurisdiction
length*
gf
Roadway Crossing
Permanent
Culvert
SA
Perennial
Corps
156
Aveage (feet)
(linear feet)
S2
Stabilization
Permanent
Rip Rap Fill
SA
Perennial
Corps
10
Average (feet)
(linear feet)
S3
Fill for lots
Permanent
Fill
SA
Perennial
Corps
71
Average (feet)
(linear feet)
S4
Dewatering
Temporary
Dewatering
E
Perennial
Corps
30
Average (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
237
3i. Total stream and ditch impacts:
267
3i. Total temporary stream impacts:
30
3j. Comments:
Permanent stream impacts: 227 LF; Permanent stream impacts (no loss of waters): 10 LF; Temporary stream impacts 30 LF
NCSAM scores MEDIUM for all impact areas. Mitigation ratio has been assessed at a 1.75:1 ratio and will be achieved through payment to the NC
Division of Mitigation Services (NCDMS) In -Lieu Fee program.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
0
u

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
To avoid and minimize impacts to jurisdictional waters of the U.S., the Statesville/Stumptown Rd Redevelopment site was delineated 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 jurisdictional waters of the U.S. 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 residential housing 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 housing to meet the current
demand. Therefore, the "No Build" Alternative was eliminated from further consideration.
Alternative Site Plan
An alternative site plan was evaluated for the Statesville/Stumptown Rd. Redevelopment site that had more extensive impacts to onsite waters for
proposed lots. This alternative site plan would have resulted in additional permanent impacts to on -site jurisdictional streams and wetlands from grading,
and would require further encroachment into the mapped riparian buffer. A reconfiguration of the site plan to place the lots to the north did allow for
avoidance of the additional encroachment into the downslope wetland and streams, and therefore, the alternative plan was rejected. The alternative site
plan depicting evaluated locations is attached (Alternative Site Plan: Preliminary Site Plan (Attachment 11).
Proposed Design Plan
The proposed site plan has been thoughtfully designed to avoid impacts to jurisdictional waters of the U.S. wherever practicable. Impacts to jurisdictional
waters of the U.S consist of a single road crossing and driveway and fill for two additional lots to meet the project goals. The proposed road impacts for
Moonbrook Court are unavoidable in order to provide adequate emergency access for ingress and egress through the proposed residential area that is
required by the Town of Huntersville. The stream (Stream SA) runs across nearly the entire project and is adjoined by palustrine emergent wetlands.
There is no viable way to connect the road to the northern portion of the project without impacting the water features. The Town also requires a 40-foot
setback between neighboring lots which drives placement of project features, including the proposed lots. As the jurisdictional stream channels and
jurisdictional wetland areas are present across the center of the proposed subdivision, alternative options for road access across the proposed
subdivision, while avoiding impacts to jurisdictional features, are nonexistent. The project redesign reduced stream and wetland impacts. Proposed
permanent impacts total 237 linear feet of stream (including 10 LF of permanent impacts with no loss of waters) and 0.17 acres of wetland waters.
Temporary stream impacts (30LF) for dewatering activities will be restored to natural condition.
The current site plan is included in Attachment 11.
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 avoided wetlands and stream. All work will be constructed in the dry and all temporary fill will be removed following
the work. 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):
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
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)
227
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
It is anticipated that mitigation will be at 1.75 to 1 (x2) for MEDIUM NCWAM and NCSAM scores
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
0.17
4g. Coastal (tidal) wetland mitigation requested:
(acres)
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:
The site is not adjacent to protected NC Riparian Buffers.
2. Stormwater Management Plan

2a. Is this a NC DOT 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.
Town of Huntersville
Comments:
The Town of Huntersville will be reviewing the stormwater plan. Stormwater Control Measures (SCM) consist of four storm water BMPs for detention and treatment of storm water from the
residential development. Inlet sediment traps will be placed at all new inlet locations and all disturbed areas will be stabilized throughout the development.
A copy of the stormwater plan will be provided to NCDEQ per request.
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.
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
O

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. In addition, the North Carolina Natural Heritage Program (NCNHP) Data Explorer was reviewed on March 27, 2023 and the
USFWS Information for Planning and Conservation (IPaC) records for species of concern and their habitat within or near the Project area on March 24,
2023. Following this review, a field investigation was conducted onsite, the results of which 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 April 18, 2023 to determine the
presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. NRE also reviewed the SHPO online
GIS service and Charlotte -Mecklenburg Historic Landmarks Commission webpage and GIS data, which indicated there are no known historical
structures, buildings, sites, or districts existing within the project limits. A response letter from SHPO on May 12, 2023 indicated that no historical
resources would be impacted by the project (Attachment.15).
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. 3710464100K (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
MecklenburgCounty_StatesvilleStumptownRdRedev_NWP_JD.pdf 21.59MB
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��srr�als,�6 4r
Date
5/25/2023
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