20210468 Ver 2_ePCN Application_20230620

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:
3/1/2021
BIMS # Assigned
20210468
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:
Performance Road
1a. Who is the Primary Contact?*
Matthew Erich
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/20/2023
Nearest Body of Water
East Fork Coddle Creek
Basin
Yadkin-PeeDee
Water Classification
WS-II;HQW
Site Coordinates
Latitude:
Longitude:
35.563390°
-80.7312350
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Rowan
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Version#*
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:[e-mail]
1c. Primary Contact Phone: *
[phone]
Q
i�

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
39 - Commercial/Institutional 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:
Performance Park Holdings LLC
2b. Deed book and page no.:
Book 1395 page 609
2c. Contact Person:
Matthew Erich
2d.Address
Street Address
19037 Chandlers Landing Dr
Address Line 2
City State / Province / Region
Cornelius NC
Postal / Zip Code Country
28031 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. 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]
4f. Email Address:"`
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Not a subdivision
1c. Nearest municipality / town:
Mooresville
2. Project Identification
2a. Property Identification Number:
4686-03-44-9310
2c. Project Address
Street Address
1045 Packard Drive
Address Line 2
city
Mooresville
Postal / Zip Code
28115
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
East Fork Coddle Creek
3b. Water Resources Classification of nearest receiving water:"
WS-II;HQW
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.
030401050104
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
3.84
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 review area is cleared with two commercial buildings within the Northern and Eastern portion of the review area. The Southern portion of the review area has recently been graded for
the construction of the third industrial warehouse. The surrounding land use consists of mostly commercial buildings and the Mooresville Dragway is abutting the review area to the West.
a

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).
Corps Action ID: SAW-2021-00507
DWR #: 21-0468
4f. List the total estimated acreage of all existing wetlands on the property:
0.221
4g. List the total estimated linear feet of all existing streams on the property:
501
4h. Explain the purpose of the proposed project:*
The project purpose is improve an existing road crossing by repairing a failing retaining wall
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The currently existing road crossing is highly unstable due to a retaining wall which is beginning to lean away from the slope. The instability is resulting in tension cracks on the road
surface and erosion behind the retaining wall. The project will include the addition of 30 linear feet of culvert (S1: 10 LF upstream of existing culvert, and S2: 20 LF downstream of existing
culvert) to provide additional stability. Wetland impacts will be required below the existing culvert adjacent to impact W1. The proposed work will be completed using heavy equipment to
excavate and expose the existing culvert for the extension.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
Atlas Staff Delineated the project on Jan. 29 2021, and June 06, 2023
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-2021-00507
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Atlas 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 and NWP 18 was issued on April 30, 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
r
L.
W1
2a1 Reason (?)
Culvert
2b. Impact type*(?)
P
2c. Type of W.
Headwater Forest
2d. W. name
WL 1000
2e. Forested" ��2f.
Yes
Type of Jurisdicition *
Both
2g. Impact
area *
0.003
(acres)
ff7777]Fnintentional
Fill
P
Headwater Forest
WL 1000
Yes
__J
Both
0.028
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.031

2g. Total Wetland Impact
0.031
2i. Comments:
Impact W1 is for the installation of additional 48" culverts due a retaining wall failure. Impact W2 is an unintentional impact that occurred during
construction and grading of a side slope.
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*
length'
S1
Culvert
Permanent
Culvert
CH 100
Perennial
Both
10
Average (feeq
(linear feet)
g2
Culvert
Permanent
Culvert
CH 100
Perennial
Both
20
Average (feet)
(linear feet)
S3
Culvert Installation changed
Permanent
Other
CH 100
Perennial
Both
6
23
flow path
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
53
3i. Total stream and ditch impacts:
53
3i. Total temporary stream impacts:
0
3j. Comments:
Impacts S1 (10 LF, 0.001 ac) and S2 (20 LF 0.001 ac) are for the installation of additional 48" culverts at the previously permitted road crossing due to a
retaining wall failure. Impact S3 (23 LF, 0.003 ac) is an unintentional impact that occurred during construction due to a culvert installation that changed
the flow pattern of CH 100.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The site layout and grading plan has been designed and engineered to minimize impacts to CH 100 and WL 1000 to the greatest extent possible.
Approximately 89 % of CH 100 will not be avoided and 86 % of WL 1000 will be avoided. Only one road crossing was designed for the entire development
consisting of three commercial buildings.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The originally permitted road crossing consisted of a retaining wall to avoid and minimize impacts to the greatest extent possible. The constructed
retaining wall is unstable along both the upstream and downstream extents of the existing road crossing. Addressing this failure as soon as possible will
prevent direct impacts downstream and to offsite neighboring properties.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The impacts are less than the mitigation thresholds for streams and wetlands.
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 project does not occur within or adjacent to a protected NC riparian buffer.
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
L
O

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.
Rowan County
Comments:
>24% Impervious surface
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
This is a single and complete project which no reasonably anticipated future impacts.
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.
Project will include septic systems for waste treatment.
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?
IPaC
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.
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?
NFHL - National Flood Hazard Layer
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 attach document
Performance Road NWP 39 ePCN Attachments Compressed.pdf 7.73MB
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:
Jacob Sinclair
Signature
Date
6/20/2023