20231150 Ver 1_ePCN Application_20230816

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:
7/5/2023
BIMS # Assigned
20231150
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:
Rogers Pond
1a. Who is the Primary Contact?*
Daniel Kuefler
1b. Primary Contact Email: *
daniel. [e-mail]
Date Submitted
8/16/2023
Nearest Body of Water
Blythe Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
34.9142
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Union
Is this a NCDMS Project
Yes No
Longitude:
-80.7294
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 permits) 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
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. Nani on recorded deed:
Daniel Rogers
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
PO BOX 840
Address Line 2
City
Waxhaw
Postal / Zip Code
28173
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:'
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Elijah Geniesse
3b. Business Name:
Smith Douglas Homes
3c.Address
Street Address
P.O. Box 311
Address Line 2
City
State / Province / Region
Midland
NC
Postal / Zip Code
Country
28107
USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Daniel Kuefler
4b. Business Name:
Wetlands & Environmental Planning Group, PLLC
4c.Address
Street Address
10612-D Providence Road
Address Line 2
PMB 550
city
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28277
USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:
amber.li [e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Waxhaw
2. Project Identification
2a. Property Identification Number: 2b. Property size:
05087010,05087011A,05087011A 61.6
2c. Project Address
Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3. Surface Waters
Q

3a. Name of the nearest body of water to proposed project:"
Blythe 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.
030501030202
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 site is located just east of Old Waxhaw Monroe Road, and south of Yamasee Road. The site is a mosaic of residential homesite, hayfields, pastureland, power transmission line, pond,
wooded slopes, and drainages to Blythe Creek. The topography is moderately sloped with the elevation ranging from 590 to 690 ft.
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:
0.458
4g. List the total estimated linear feet of all existing streams on the property:
3036
4h. Explain the purpose of the proposed project: *
The proposed project will include impacts for three road crossings for a residential development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No 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-2022-02092
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nic 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
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 site was verified by B. Roden -Reynolds (USACE) on 9/28/22. A copy of the signed JD approval is included in the Jurisdictional Determination section.
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
O

2a1 Reason (?)
2b. Impact type (?)
2c. Type of W.
2d. W. name
2e. Forested"
2f. Type of Jurisdicition I
29• Impact
area
W1
Road Crossing
P
Headwater Forest
Wetland F
Yes
Corps
0.083
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.083
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.083
F I
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact*
3d. S. name*
3e. Stream Type*
Type of
3g. S. width
3h. Impact
?)
*
LJ3furisdiction
length*
S1
Road Crossing
Permanent
Culvert
Stream C
Perennial
Corps
132
Averege (feet)
(linear feet)
g2
Road Crossing
Permanent
Rip Rap Fill
Stream C
Perennial
Corps
26
Average (feet)
(linear feet)
S3
Road Crossing
Permanent
Culvert
Stream E
Intermittent
Corps
120
Averege (feet)
(linear feet)
S4
Road Crossing
Permanent
Rip Rap Fill
Stream E
Intermittent
Corps
16
Averege (feet)
(linear feet)
SS
Road Crossing
Permanent
Workpad/Causeway J
Stream C
Perennial
Corps
40
Average (feet)
(linear feet)
S6
Road Crossing
Permanent
Workpad/Causeway
Stream E
Intermittent
Corps
40
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
374 0
3i. Total stream and ditch impacts:
374
3j. Comments:
Riprap will be placed at pre-existing stream bed elevations as a permanent no -loss impact
S1- 0.0101 AC; S2-0.0125 AC; S3-0.0097 AC; S4- 0.0048 AC
Total loss to WOTUS: 0.0198
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:
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access
routes. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving
conveyances. Stormwater designs include methods to maintain hydrology. The applicant has demonstrated avoidance and minimization efforts by
limiting site impacts to road crossings required for site connectivity and avoiding 90 % of onsite streams and 92 % of onsite wetlands.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts.
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:
Due to limited site impacts, no mitigation is proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
Q
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
State Stormwater Programs
Phase II
HWQ or ORW
Coastal Counties
Other
Comments:
Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to the State of NC but will be designed to meet their
criteria.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) 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.
No additional phases proposed.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No
Unknown
0
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 and endangered species assessment was conducted in which no species were identified. Please also see attached for the FWS
concurrence response.
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: https:Hnc.maps.arcgis.com/
Report from R.S. Webb & Associates
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:
No net grading/fill within the floodplain.
8c. What source(s) did you use to make the floodplain determination?"
www.fema.gov
https://giswebl.unioncountync.gov/gomaps/#
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
Rogers Pond PCN.pdf 11.36MB
Rogers Pond Pre-Filing.pdf 68.65KB
File must be PDF or KMZ
Comments
A complete PCN package is attached.
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:
Daniel Kuefler
Signature
0C) C..l

Date
8/16/2023