20230971 Ver 1_ePCN Application_20230706

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:
5/3/2023
BIMS # Assigned
20230971
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:
Crossroads - Locust Elm St.
1a. Who is the Primary Contact?*
Heath Caldwell
1b. Primary Contact Email: *
[e-mail]
Date Submitted
7/6/2023
Nearest Body of Water
Island Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.2519
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Stanly
Is this a NCDMS Project
Yes No
Longitude:
-80.4106
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
Please provide the date of the previous submission.
5/4/2020
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 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:
DR Horton
2b. Deed book and page no.:
2c. Contact Person:
Jon Burgess
2d.Address
Street Address
8025 Arrowridge Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28273
401 Water Quality Certification - Express
Riparian Buffer Authorization
Stale / Province / Region
North Carolina
Country
USA
*
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Judy Barbee
2b. Deed book and page no
2c. Contact Person:
2d.Address
Street Address
707 Elm St
Address Line 2
city
Locust
Postal / Zip Code
28097
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jon Burgess
3b. Business Name:
DR Horton
3c.Address
Street Address
8025 Arrowridge Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28273
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Heath Caldwell
4b. Business Name:
Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group
4c.Address
Street Address
10612-D Providence Road, PMB 550
Address Line 2
city
Charlotte
Postal / Zip Code
28227
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:

C. Project Information and Prior Project History
0
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Oakboro
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
Address Line 2
city
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Island Creek
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.
030401050703
4. Project Description and History
2b. Property size:
State / Province / Region
Country
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: *
Following commencement of construction, majority of the site has been converted to lots for residential developments, including roadways and utility installations. The remaining
surrounding forested area consists of mixed pine and hardwood forest that is disturbed throughout.
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).
(SAW-2019-02037)/ DWR#20-0621
4f. List the total estimated acreage of all existing wetlands on the property:
0.851
4g. List the total estimated linear feet of all existing streams on the property:
7.118
4h. Explain the purpose of the proposed project:*
The residential development included permanent impacts to two streams and two wetlands for road crossing access and utility installation which have been installed.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Excavation and grading of the site used standard equipment - excavator, dump trucks, track hoe, etc.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
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-2019-02037
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nicholas Nelson

Agency/Consultant Company: WEPG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A Preliminary Jurisdictional Determination request was submitted on 10/16/19 (SAW-2019-02037) and was field verified by Bryan Roden Reynolds on 1/9/20.
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?
This is an after the fact permit submittal. Installation of proposed impacts required additional impacts above what was previously permitted. Additional rip -rap was placed due to the
orientation of the stream at the base of the retaining wall at Impact 2 for stabilization purposes. The pipe at Impact 2 was lengthened to accommodate the right of way/roadway
requirements at the crossing.
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
2. Wetland Impacts
a
2a1 Reason (?)
Fill
2b. Impact type * M
P
2c. Type of W. *
Headwater Forest
2d. W. name
Wetland U
2e. Forested *
Yes
2f. Type of Jurisdicition *
(?)
Corps
2g. Impact
area *
0.040
(acres)
Fill
P
Headwater Forest
Wetland B
E:::J.rp.
J�::::]
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.070
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.070
F
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
Road Crossing - Impact 1
Permanent
Culvert
Stream S
Perennial
Corps
55
Average (feet)
(linear feet)
g2
Road Crossing - Impact 1
Permanent
Fill
Stream S
Perennial
Corps
41
Averege (feet)
(linear feet)
S3
Road Crossing - Impact 2
Permanent
Culvert
Stream A
Perennial
Corps
6
75
Average (feet)
(linear feet)
S4
Road Crossing - Impact 2
Permanent
Fill
Stream A
Perennial
Corps
6
47
Averege (feet)
(linear feet)
SS
Utility Installation
Temporary
Excavation
Stream A
Perennial
Corps
40
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
218 40
3i. Total stream and ditch impacts:
258
3j. Comments:
Riprap used for streambank stabilization upstream and downstream of each crossing was installed at pre -construction streambed elevations and
should not contribute to a loss of Waters of the US. Total loss to Waters of the US for the proposed project includes 130 LF of stream impacts.
Temporary stream impact on S5 is for open cut utility installation. All impacts are currently installed.

E. Impact Justification and Mitigation
O
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Due to the location of the on site streams and wetlands, opportunities to completely avoid these areas were limited. Impacts to site surface waters
associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access
routes. Rip rap placed within the stream, located at the upstream and downstream sides of each crossing, was designed to minimize impacts but provide
appropriate energy dissipation per HEC-14 guidelines. All installed rip rap was placed at pre -construction streambed elevations.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques used implemented approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving
conveyances.
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 applicant has demonstrated substantial avoidance and minimization efforts in which 98.2
of the original 7,248 linear feet of stream channel and 92.4 % of the original 0.921 acres of
wetlands onsite will be avoided. Due to the limited amount of anticipated impacts to site surface
waters, no mitigation is proposed for the development.
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:
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.
City of Locust
Comments:
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
u
2b Provide an explanation of the violation(s):

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.
All phases are included within this application.
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.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
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?
A Threatened/Endangered species assessment was conducted prior to commencement of construction in 2020 in which no species were identified.
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?
No essential fish habitat in this region.
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?
SHPO's website: http://gis.ncdcr.gov/hpoweb/
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?
https://stanly.connectgis.com/Map.aspx
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
Locust Elm St_ UpdatedPCN_Binder.pdf 18.73MB
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:
Heath Caldwell
Signature
�� &461*011V
Date
7/6/2023
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