20230875 Ver 1_More Info Received_20230814 (2)

DWR
IDIOM— 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
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.govfVVaterResources/0/edoc/624704/PCN / 20Help/ 20File/ 202018-1-30.pdf
A. Processing Information O
Pre -Filing Meeting Date Request was submitted on:
3/30/2023
If this is a courtesy copy, please fill in this with the submission date.
Is this project connected with ARPA funding?"
Q Yes No
County (or Counties) where the project is located:"
Mecklenburg
Is this a NCDMS Project"
Q Yes QQ No
Click Yes, only if NCD MS is the applicant or co -applicant.
DO NOT CHECK YES, UNLESS YOU ARE DMS OR CO -APPLICANT
Is this project a public transportation project?"
Q Yes QQ No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
la. Type(s) of approval sought from the Corps:"
0 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?"
Q Yes
QQ No
1 b. What type(s) of permit(s) do you wish to seek authorization?"
Q 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):
List all NVV numbers you are applying for not on the drop down list.
1 d. Type(s) of approval sought from the DWR:
check all that apply
0 401 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?
❑ 401 Water Quality Certification - Express
❑ Riparian Buffer Authorization
For the record only for DWR 401 Certification: 0 Yes OO No

For the record only for Corps Permit: O Yes QQ No
1f. Is this an after -the -fact permit application?"
Q Yes (§) No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program.
QQ Yes Q No
Acceptance Letter Attachment
Click the upload button or drag and drop files hereto attach document
11 Orr Road DIMS CAT03 ESA Acceptance. pdf 245.3KB
FILE TYPE MUST BE PDF
1 h. Is the project located in any of NC's twenty coastal counties?"
Yes No
1j. Is the project located in a designated trout watershed?"
Q Yes (§) No
Linkto trout information: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx
B. Applicant Information
la. Who is the Primary Contact?"
Matthew Giannuzzi
1c. Primary Contact Phone:"
1 b. Primary Contact Email" (xxx)xxx-xxxx
[e-mail] [phone]
1d. Who is applying for the permit?"
Owner Applicant (other than owner)
(Check all that apply)
1e. Is there an AgentlConsultant for this project?"
U Yes V No
2. Owner Information
2a. Name(s) on recorded deed:"
Mitchel & Linda Bollag
2b. Deed book and page no.:
05992/ 446
2c. Contact Person:
(for Corporations)
2d.Address*
Street Address
775 Hilliard Lane Concord, NC 28025
Address Line 2
City State / Province / Region
Concord NC
Postal /Zip Code Country
28025 USA
2e. Telephone Number:"
(xxx)xxx-xxxx
[phone]
2f. Fax Number:
2g. Email Address:"
[e-mail]
..........................................................................................
2a. Name(s) on recorded deed:"
Toucan Properties LLC
2b. Deed book and page no.:
21639/ 398
2c. Contact Person:
(for Corporations)

2d.Address*
Street Address
6914 Orr Rd Charlotte, NC 28213
Address Line 2
City State / Province / Region
Charlotte NC
Postal /Zip Code Country
28213 USA
2e. Telephone Number:"
[phone]
2f. Fax Number
2g. Email Address:"
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:"
Matthew Giannuzzi
3b. Business Name:
(if applicable)
LI Acquisitions, LLC
3c. Address"
Street Address
923 15th Street NW Suite 500
Address Line 2
City
State / Province / Region
Washington
DC
Postal /Zip Code
Country
20005
USA
3d. Telephone Number:"
[phone] 3e. Fax Number
3f. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:"
Jennifer Robertson
4b. Business Name:
(if applicable)
Atlas Environmental Inc.
4c. Address"
Street Address
338 S. Sharon Amity Road #441
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal /Zip Code
Country
28211
USA
4d. Telephone Number:"
[phone] 4e. Fax Number
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
u
1. Project Information U

1a. Name of project:"
Orr Road
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/town:"
2. Proiect Identification
2a. Property Identification Number:
2b. Property size:
(tax PIN or parcel ID)
(in acres)
09723103 (partial) and 09723105
22.26
2c. Project Address
Street Address
6830 Orr Road
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal /Zip Code
Country
28215
USA
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude:" Longitude:"
35.2647850-80.750529`
ex: 34.208504-77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Brier Creek
3b. Water Resources Classification of nearest receiving water:"
C
Surface Water Lookup
3c. What river basin(s) is your project located in?"
Catawba
3d. Please provide the 12-digit HUC in which the project is located."
030501030102
River Basin Lookup
4. Project Description and History
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 current land use of the review area is residential and conservation -forestry commercial. A powerline right-of-way transects the site from the North to the South. An industrial parking
area/field is located near the center of the review area adjacent to the barns. Aerial imagery indicates this area previously stored trailers associated with the adjacent textile -recycling
facility. The surrounding land use predominantly consists of residential properties to the North and South of the review area and commercial areas to the East and West.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?"
Q Yes QQ No Q Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.149
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
336
4h. Explain the purpose of the proposed project:"
The project's purpose is for the construction of two industrial buildings and associated parking, utilities, and infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The project will require land clearing and grading using heavy equipment for the preparation and construction of the industrial buildings. Two permanent stream impacts (intermittent
streams) are planned for the project with four permanent wetland impacts.
5. Jurisdictional Determinations

5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No Q Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?"
QQ Preliminary Q Approved Q Not Verified Q Unknown Q N/A
Corps AID Number:
Example: SAW-2017-99999
not assigned yet
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Atlas Environmental 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.
Preliminary Jurisdictional Determination Request sent May 12, 2023
6. Future Project Plans
6a. Is this a phased project?"
Q Yes QQ No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any partof the proposed projector related activity? This includes other
separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Q Wetlands Q Streams -tributaries Buffers
❑ Open Waters I Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
"W." will be used in the table below to represent the word "wetland".
v
2a1 Reason"(?)
2b. Impact type" (?)
2c. Type of W.*
2d. W. name"
2e. Forested" ��2f.
Type of Jurisdicitio
(?)
2g. Impact
area"
W1
Culvert
P
FItomland Hardwood Forest
WL 2000
Yes
Both
0.004
acres)
Fill
P
Bottomland Hardwood Forest
fl- 1100
Yes
Both
0.117
(acres)
Fill
P
Bottomland Hardwood Forest
WL 1000
Yes
Both
0.005
(acres)
W4
Fill
P
Bottomland Hardwood Forest
WL 1200
Yes
Both
0.018
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.144
2g. Total Wetland Impact
0.144
2i. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted.
"S." will be used in the table below to represent the word "stream".

11
S1
3a. Reason for im pact" (?)
Berm and Parkin 9
3b.lmpact type"
Permanent
3c. Type of impact"
Culvert
3d. S. name"
CH 200
3e. Stream Type"
(?)
Intermittent
3f. Type of
Jurisdiction"
Both
3g. S. width"
2
Average (feet)
3h. Impact
length"
163
Qinear feet)
S2
Berm and Parking
Permanent
Fill
CH 100
Intermittent
Both
1
Average (feet)
158
Qinear feet)
** All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
321
3i. Total temporary stream impacts:
0
3i. Total stream and ditch impacts:
321
3j. Comments:
All proposed impacts are to intermittent streams.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:"
Above the culvert 0.005 acres of Wetland 2000 will remain unimpacted. There are also no proposed impacts to Pond 1.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:"
Impacts have been reduced by the proposed design and location of the buildings, positioning parking and the design of stormwater basins.
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):
15 DWR WA Corps
2d. If yes, which mitigation option(s) will be used forthis 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)
0
4c. If using stream mitigation, what is the stream temperature:
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
4d. Buffer mitigation requested (DWR only):
(square feet)
0
4f. Non -riparian wetland mitigation requested:
(acres)
0
4e. Riparian wetland mitigation requested:
(acres)
0.144
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
DIMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirements.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
V
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)
*** Recent changes to the stormwater rules have required updates to this section .***

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 QQ No
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
Not adjacent to State protected riparian buffers
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?"
Q Yes QQ No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?"
Q Yes QQ No
To look up low density requirement click here 15A NCAC 02H .1003(2).
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?"
OO Yes O No
O N/A - project disturbs < 1 acre
Hint: projects that have vested rights, exemptions, or grandfathenng from state or locally implemented storm —ter programs or projects that satisfy state or locally -implemented stonnwater programs through use of community in -lieu programs should answer
no to this question.
2d. Which of the following stormwater management program(s) apply (check all that apply):"
Q Local Government ❑ State
If you have a local government approval please include the SMP on their overall impact map.
Local Government Stormwater Programs"
Q Phase II Q NSW
­1 USMP Q Water Supply
Please identify which local government stormwater program you are using."
Charlotte
Comments:
The proposed development include the construction of one stormwater control measure.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds orthe 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 (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?"
Q Yes QQ No
3b. If you answered "no," provide a short narrative description.
This is not a phased project
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
*Yes Q No Q 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 connect to municipal sewer
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?"
OQ Yes O No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?"
O Yes No
5e. Is this a DOT project located within Division's 1-8?"
v Yes (> No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?"
OO Yes O No
5g. Does this project involve bridge maintenance or removal?"
O Yes OO No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?*"
O Yes OO No
O Unknown
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.?"
O Yes OO No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?"
IPAC and NHP
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)
Linkto the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
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 (e.g., National Historic Trust
designation or properties significant in North Carolina history and archaeology)?"
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)
Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?"
V Yes No
8c. What source(s) did you use to make the floodplain determination?"
FEMA NFHL
Miscellaneous
Comments
v
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
Orr Road ePCN docs compressed. pdf 4.97MB
File must be PDF or KMZ
Signature
Q 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,
• 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'),
• agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'),
• understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature, AND
• intend to electronically sign and submit the PCN form.
Full Name:"
Allyson Sinclair
Signature"
Date
6/14/2023