20230773 Ver 1_ePCN Application_20230530

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:
10/5/2022
BIMS # Assigned
20230773
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:
Fairhaven Glen
1a. Who is the Primary Contact?*
Kate Hefner
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/30/2023
Nearest Body of Water
Kings Branch
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.141647
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:
-80.891158
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:
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
18 - Minor Discharges
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
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. Name(s) on recorded deed:
Fairhaven Glen LLC
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Jonathan Nesburg
2d. Address
Street Address
7447 University Avenue
Address Line 2
Suite 210
City
Stale / Province / Region
Middleton
WI
Postal/Zip Code
Country
53562
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kate Hefner
4b. Business Name:
Timmons Group
4c.Address
Street Address
5410 Trinity Road
Address Line 2
Suite 102
City
Raleigh
Postal / Zip Code
27607
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
2a. Property Identification Number:
16921223 and 16921224
2c. Project Address
Street Address
8301 and 8329 Nations Ford Road
Address Line 2
city
Charlotte
Postal / Zip Code
28217
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Kings Branch
3b. Water Resources Classification of nearest receiving water:
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.
030501030103
4. Project Description and History
2f. Fax Number:
[phone]
State / Province / Region
NC
Country
USA
4e. Fax Number
2b. Property size:
16.75
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 Fairhaven Glen site is approximately 16.75 acres located at 8301 and 8329 Nations Ford Road in Charlotte, North Carolina within Mecklenburg County. The Site is comprised of mixed
hardwood and pine forests, maintained grassy areas, and a maintained sanitary sewer right-of-way in the easternmost portion of the Site. The Site is bound by residential development to
the north, by forested areas to the east, by Deanna Lane and residential development to the south, and by Nations Ford Road and residential development to the west.
The proposed residential development will consist of multi -family townhomes, stormwater control measures, roadways, and utility improvements (i.e. public water supply and sanitary
sewer alignment).
A delineation of parcel 16921223 of the project area was completed by Timmons Group on 04128/2021. A Preliminary Jurisdictional Determination for SAW-2021-01424 was issued by
Bryan Roden -Reynolds of the USACE on 09/20/2021. An informal email confirmation was sent by Jordan Miller with the City of Charlotte on 07/01/2021 to confirm the buffers depicted on
the Wetlands and Waters of the US Delineation Map were accurate. These buffers are required by the City of Charlotte and are not NC State Riparian Buffers. An additional parcel,
16921224, was added to the project and delineated by Timmons Group on 07/19/2022. No jurisdictional features were observed on the 1.25-acre parcel.
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:
0.04
4g. List the total estimated linear feet of all existing streams on the property:
1,813
4h. Explain the purpose of the proposed project:
The purpose of the project is to construct affordable housing through a multi -family residential development consisting of apartments, with community cohesion and the necessary
amenities in Charlotte, within Mecklenburg County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project is a residential development that is located at 8301 and 8329 Nations Ford Road in Charlotte, North Carolina within Mecklenburg County.
The project will include multi -family apartments and associated amenities, including stormwater control measures and utility and road improvements.
All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment,
graders, and earth movers. SCMs are required and will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
A delineation of parcel 16921223 was completed by Timmons Group on 04/28/2021 and a delineation
of parcel 16921224 was completed by Timmons Group on 07/19/2022.
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-2021-01424
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kate Hefner, Morgan Gilbert, and Emory Quillian
Agency/Consultant Company: Timmons Group
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
04/28/2021 — Delineation of parcel 16921223 completed by Timmons Group personnel
07/01/2021 — Informal email confirmation from Jordan Miller with the City of Charlotte to confirm the buffers depicted on the Wetlands and Waters of the US Delineation Map
09/20/2021 — Preliminary Jurisdictional Determination was issued by Bryan Roden -Reynolds of the USACE
07/19/2022 — Delineation of parcel 16921224 completed by Timmons Group personnel
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 permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this
permit application.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
a

3. Stream Impacts
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*
liength*
S1
1a — Rip Rap Apron Install
Permanent
Rip Rap Fill Jtrea-
Intermittent
Both
2
12
Averege (feet)
(linear feet)
S2
1 b —10' Wall Construction
Temporary
Other
Stream D
Intermittent
Both
53
Buffer
Average (feet)
(linear feet)
S3
1c — Site Fill & Road
Permanent
Fill
Stream D
Intermittent
Both
286
Construction
Averege (feet)
(linear feet)
S4
1d —Rip Rap Apron Install
Permanent
Rip Rap Fill
Stream D
Intermittent
Both
80
Average (feet)
(linear feet)
S5
2a—Site Fill & Road
Permanent
Fill
Stream E
Intermittent
Both
4
46
Construction
Averege (feet)
(linear feet)
S6
2b — Rip Rap Apron Install
Permanent
Rip Rap Fill
Stream E
Intermittent
Both
53
Average (feet)
(linear feet)
S7
3a — 10' Wall Construction
Temporary
Other
Stream E
Intermittent
Both
10
Buffer
Averege (feet)
(linear feet)
gg
3b—Site Fill & Road
Temporary
Fill
Stream E
Intermittent
Both
4
81
Construction
Ave age (feel)
(linear feet)
gg
3c — Rip Rap Apron Install
Permanent
Rip Rap Fill
Stream E
Intermittent
Both
1
55
Average (feet)
(linear feet)
S10
4a — Sewer Aerial Crossing
Temporary
Other
Stream C
Perennial
Both
15
24
Construction
Average (feel)
(linear feet)
S11
4b — Sewer Aerial Crossing
Permanent
Rip Rap Fill
Stream C
Perennial
Both
12
15
Bank Stabilization
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
547
3i. Total stream and ditch impacts:
715
3i. Total temporary stream impacts:
168
3j. Comments:
Appendix C contains impact maps, cross sections and profiles, and planting plan and project details
The project proposes a total of 0.025-ac. (1,092-sq.ft./413-I.f.) of permanent stream impacts due to fill, 0.010-ac. (418-sq.ft./215-I.f.) of permanent — no
loss stream impacts due to rip rap fill keyed into existing grade, and 0.011-ac. (491-sq.ft./87-I.f.) of temporary impacts due to a 10' construction buffer for
retaining wall installation and a sanitary sewer aerial crossing.
Stream Impacts 1c, 2a, and 3b are all permanent impacts due to site fill and road construction. The site fill and road construction are necessary for
access throughout the Site, including emergency services access and general use access, as well as satisfying the number of parking spaces required
for the project to be feasible.
Stream Impacts la, 1d, 2b, 3c, and 4b are all permanent — no loss impacts associated with riprap to be embedded in existing grade and therefore not
count towards permanent loss and mitigation. Impacts la, 1d, 2b, and 3c are due to the installation of riprap aprons within Stream D and Stream E to
stabilize the area and prevent erosion at culvert outlets. Impact 4b is associated with riprap to be embedded as bank stabilization around the proposed
aerial sewer line crossing.
Additionally, Stream D will be realigned by having a proposed channel adjustment just south of the current stream location. This proposed channel will
have a 2-ft. flat bottom, which is consistent with the current stream width. The proposed channel will connect the eastern and western sections of the
stream.
Stream Impacts 1 b and 3a are temporary impacts due to a 10' construction buffer for the installation of retaining walls. Use of retaining walls in these
locations reduces impacts by avoiding grading that would otherwise be required. Impacts could not be further reduced due to access and parking
requirements, without which the project would not be feasible. There will be a drainage pipe that will outlet overland flow from pervious areas to the base
of the retaining wall at the origin of Stream D. This will help maintain a hydrologic connection for Stream D.
Stream Impact 4 is temporary and due to the installation of an aerial sanitary sewer crossing over Kings Branch (Stream C) in the easternmost portion of
the Site. This impact is required to connect to the existing sanitary sewer line on the eastern side of Kings Branch. Impacts were minimized by placing
the crossing at the narrowest portion of Stream C and crossing as close to a 90-degree angle as possible. Placement beneath the stream is not feasible
as this is a gravity line and the elevation of the existing sewer line is too high to go beneath the stream.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
O

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts
proposed are necessary in order for the project's goals to be realized.
Impacts have been avoided and minimized to the maximum extent practicable. Multiple layouts were considered for this project with significant attempt
to reduce impacts, including consideration of the potential for indirect loss. SCM outlets were re-routed where possible to direct overland flow into
jurisdictional areas, and both intermittent streams will have hydrology directed to their on -site origins.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the
requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and
local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install
silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All
erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once
every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will
be kept by the owner's representative.
Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best
Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to
prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill
will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore,
stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project
construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of
disturbance within jurisdictional 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?
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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Wildlands Holdings VI, LLC, Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation
Site and Double Rock Mitigation Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 387
3c. Comments
The proposed project will require 413 linear feet of permanent stream impact not associated with "no loss" riprap embedded to existing grade.
Of these impacts, 286 linear feet are associated with Impact 1c. In order to reduce loss of waters and maintain hydrology, this project proposes 188
linear feet of stream realignment, replacing a portion of the unavoidable impact. Therefore, no mitigation is proposed for the 188 linear feet of stream
being realigned. Mitigation is proposed at a 2:1 ratio for the remaining 98 linear feet of permanent loss at impact 1c, requiring 196 stream credits.
Per an NC SAM analysis, stream E constitutes a medium quality stream. As such, we propose a 1.5:1 ratio for the 127 linear feet permanent loss
impacts to this feature (impacts 2a and 3b), requiring 191 stream credits.
In total, this project will require 387 stream credits.
The mitigation bank Statement of Availability (SOA) and SAM analysis for the site are included in Appendix D.
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:
The project is not subject to NC State Riparian Buffer Rules, but the project is subject to City of Charlotte buffers. Therefore, buffer mitigation credits will not be required from the NC DWR.
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.
Charlotte
Comments:
The project has detention ponds with sand filters, but the proposed project will not create concentrated stormwater flow through the buffer.
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 and complete project that will not result in additional impacts. All impacts associated with the project are accounted for
herein.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
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 is 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?
USFWS IPaC, database on 5/24/2023 identified three federally protected species as potentially occurring within the project area, including Michaux's
sumac, Schweinitz's sunflower, and smooth coneflower. The IPaC database further identified on proposed endangered species, the tricolored bat and
one candidate species for listing, the monarch butterfly, as potentially occurring within the project area. No critical habitats were identified within the
project area or a 1-mile radius. A search of the North Carolina Natural Heritage Program (NHP) database identified one occurrence of the Carolina
Heelsplitter in 1918 within a 1-mile radius of the project Site. However, this can be considered historical based on the date of the observance and that
the project area and 1-mile radius are located outside of the present day species range according to USFWS. Additionally, the search of the NCNHP
database did not identify any other federally listed species or state -managed areas within the project limits or a 1-mile radius.
According to information obtained from the USFWS Online Database, Michaux's sumac is a low -growing deciduous shrub that prefers dry, open, rocky
or sandy woodlands over bedrock with acidic or circumneutral soils. The species requires areas with open canopies that experience disturbance that
helps maintain an open canopy, such as fire and regular maintenance. The species can oftentimes be found in maintained ROW and clearings, as well
as ecotones between forested areas and open spaces. The majority of the Site consists of mixed hardwood and pine forests with dense understories
consisting of Japanese stilt grass, wisteria, and Chinese privet, maintained lawn areas in the southern and western portions of the Site, and a
maintained sanitary sewer ROW in the eastern portion of the Site. The Site was determined to not contain suitable habitat for Michaux's sumac due to
the dense understory dominated by exotic invasive species and regularly maintained areas of the Site. No occurrences of Michaux's sumac were noted
during onsite investigations. Further, no occurrences of the species were documented in the NHP database report within the Site or a 1-mile radius.
Therefore, it is the opinion of Timmons Group that the project will have "no effect" on Michaux's sumac.
The Schweinitz's sunflower generally occurs in full to partial sun and is found in areas with poor soils, such as thin clays that vary from wet to dry.
Schweinitz's sunflower once occurred in natural forest openings and grasslands. Now it is usually found along roadsides. The distribution of the species
is primarily found in central Piedmont region of North and South Carolina. The species can oftentimes be found in maintained ROW and clearings, as
well as ecotones between forested areas and open spaces. The majority of the Site consists of mixed hardwood and pine forests with dense
understories consisting of Japanese stilt grass, wisteria, and Chinese privet, maintained lawn areas in the southern and western portions of the Site, and
a maintained sanitary sewer ROW in the eastern portion of the Site. The Site was determined to not contain suitable habitat for Schweinitz's sunflower
due to the dense understory dominated by exotic invasive species and regularly maintained areas of the Site. The NCNHP database did not identify any
known occurrences within the project Site or within a 1-mile radius of the Site boundaries. Therefore, it is our opinion that the proposed project will have
"no effect" on Schweinitz's sunflower.
Smooth coneflower is a plant of prairie -like habitats or oak -savannas maintained by natural fires. The species primarily occurs in openings in woods,
such as cedar barrens and clear cuts, along roadsides, utility line ROWS, and on dry limestone bluffs. The species is usually found in areas with
magnesium- and calcium -rich soils and requires full or partial sun. The majority of the Site consists of mixed hardwood and pine forests with dense
understories consisting of Japanese stilt grass, wisteria, and Chinese privet, maintained lawn areas in the southern and western portions of the Site, and
a maintained sanitary sewer ROW in the eastern portion of the Site. The Site was determined to not contain suitable habitat for smooth coneflower due
to the dense understory dominated by exotic invasive species and regularly maintained areas of the Site. The NCNHP database did not identify any
known occurrences within the project Site or within a 1-mile radius of the Site boundaries. Therefore, it is our opinion that the proposed project will have
"no effect" on smooth coneflower.
On September 14, 2022, the USFWS announced a proposal to list the tricolored bat as endangered under the ESA. The USFWS has not provided an
official effective listing date, but it is anticipated to occur in the second half of 2023. Upon listing, the USFWS is expected to provide an area of
influence/distribution range for tricolored bat. The tricolored bat is listed as a proposed endangered species due to the ongoing spread of white -nose
syndrome. During the winter, tricolored bats are often found in caves, abandoned mines, and in road -associated culverts. During the spring, summer,
and fall, tricolored bats are found in forested habitats where they roost in trees, primarily among leaves, and within artificial roosts like barns, beneath
porch roofs, bridges, concrete bunkers, and rarely within caves. The majority of the Site consists of mixed hardwood and pine forests with dense
understories consisting of Japanese stilt grass, wisteria, and Chinese privet, maintained lawn areas in the southern and western portions of the Site, and
a maintained sanitary sewer ROW in the eastern portion of the Site. The NCNHP database did not identify any known occurrences within the project Site
or within a 1-mile radius of the Site boundaries. Due to the presence of potential suitable summer roosting habitat in forested areas, it is our opinion that
the proposed project "may affect, but is not likely to adversely affect" the tricolored bat.
The monarch butterfly prefers areas with milkweed for breeding habitat and requires other flowering plants for foraging habitats. The majority of the Site
consists of mixed hardwood and pine forests with dense understories consisting of Japanese stilt grass, wisteria, and Chinese privet, maintained lawn
areas in the southern and western portions of the Site, and a maintained sanitary sewer ROW in the eastern portion of the Site. While suitable habitat for
the monarch butterfly may be present in the maintained grassy areas and sanitary sewer ROW, the species' habitat is ubiquitous throughout the state
and able to support any potentially displaced individuals. NCNHP did not identify any known occurrences within the project Site or within a 1-mile radius
of the Site boundaries. Therefore, it is our opinion that the proposed project will have "no effect" on the monarch butterfly.
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?
A search of the North Carolina Natural Heritage Preservation Office's (HPO) online database and the North Carolina Department of Environmental and
Natural Resources (DENR) Division of Historical Resources (DHR) data identified one historical resource as occurring within a 1-mile radius of the
proposed project limits. No historical resources were identified within the project area. The listing identified within the specified search radius is a
Surveyed Only (SO) site and it is approximately 0.6-mile south of the proposed project limits.
Considering the proposed project's consistency with the surrounding land use, along with all proposed work being limited to the project area, the project
area's distance from the listing, and existing land use between the site and listing, the proposed project should have no effect on historical resources.
8. Flood Zone Designation (Corps Requirement)

8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
Impact 4a and 4b are associated with installation of an aerial sanitary sewer line necessary to connect the project to the existing sewer line east of
King's Branch Creek. As such, impacts will occur within the 100-year floodplain. Impacts were minimized as much as possible by placing the crossing as
close to a 90-degree angle as possible at the narrowest section of stream. Further, impacts will consist of temporary impact for installation of the aerial
line, and permanent impact resulting in no loss from embedded riprap for bank stabilization at the crossing.
All remaining impacts will be located outside of the 100-year floodplain.
8c. What source(s) did you use to make the floodplain determination? *
According to the FEMA FIRM Panel #3710453100K (effective 9/2/2015) the majority of the site is located within Zone X —Area of Minimal Flood Hazard.
The eastern portion of the Site located along Kings Branch is within Zone AE — 1 % Annual Chance of Flood Hazard with base flood elevations between
605 and 603 feet.
Miscellaneous
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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
2023.05.30_ePCN Cover Page_w. attachments.pdf 12.1 MB
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:
Kate Hefner
Signature
Date
5/30/2023
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