20201288 Ver 2_ePCN Application_20230920

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:
3/2/2023
BIMS # Assigned
20201288
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:
North Creek Village Phase 2
1a. Who is the Primary Contact?*
Steve Vinson
1b. Primary Contact Email: *
[e-mail]
Date Submitted
9/20/2023
Nearest Body of Water
Ramah Creek
Basin
Yadkin-PeeDee
Water Classification
Class C
Site Coordinates
Latitude:
35.453766
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
Is this project a public transportation project?*
Yes No
Longitude:
-80.800917
Version#*
2
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Andrew Pitner:andrew.pitner
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
O

Ia. 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:
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
18 - Minor Discharges
29 - Residential Developments
39 - Commercial/Institutional Developments
58 - Utility Line Activities for Water and Other Substances (frequently used)
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:
Charles Spencer Davis, Magnolia Huntersville II LLC
2b. Deed book and page no.:
37701-439, 37701-464, 37390-656
2c. Contact Person:
Steve Vinson
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
9525 Birkdale Crossing Drive, Suite 200
Address Line 2
City
Raleigh
Postal / Zip Code
27612
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
Address Line 2
#411
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)
North Creek Village
1c. Nearest municipality I town:
Huntersville
2. Project Identification
2a. Property Identification Number:
01107311,01126113,01126148
2c. Project Address
Street Address
17705 Davidson -Concord Road
Address Line 2
city
Huntersville
Postal / Zip Code
28078
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Ramah Creek
3b. Water Resources Classification of nearest receiving water:
Class C
State / Province / Region
North Carolina
Country
United States
2f. Fax Number:
[phone]
State / Province / Region
North Carolina
Country
United States
4e. Fax Number:
[phone]
2b. Property size:
84.72
State / Province / Region
North Carolina
Country
United States
O
3c. What river basins) is your project located in?*
Yadkin-PeeDee

3d. Please provide the 12-digit HUC in which the project is located.
030401050101
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: "
Existing conditions include an area that was previously farmland, Ramah Creek floodplain, mostly young forested areas, and Hwy 73 roadside. The general land use in the vicinity is
commercial, residential (both single-family and subdivisions), farmland, park land, and forested areas.
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-2008-02707 and DWR Project # 20-1288
4f. List the total estimated acreage of all existing wetlands on the property:
0.068
4g. List the total estimated linear feet of all existing streams on the property:
7904
4h. Explain the purpose of the proposed project:"
The purpose of the project is to develop a mixed -use community including single family residential homes, multi -family homes, and commercial development that includes shops,
restaurants, and office space. The project will be the second phase of a previously permitted first phase that was permitted in 2021 and 2022.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:'
The project involves development of two pods of single-family homes, one pod of multi -family apartment homes, and one pod of commercial development. Four total road crossings are
required for Phase 1 and Phase 2. Impacts include sewer line crossings. Municipal water will also serve the project. Based on the existing development surrounding the project area that
includes large homes on large lots, Ramah Creek, Hwy 73, and Black Farm Road, it is unlikely that additional development is possible. Stormwater management and stringent erosion
control will ensure that no indirect impacts occur during construction. Typical construction equipment including bull dozers, graders, dump trucks, track hoes, tractors, skid steers, and front
end loaders will be used.
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-2008-02707 for Phase 1; Phase 2 submitted with application
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): A Baggarley, J Sinclair, J Robertson
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
10/1/2020
6. Future Project Plans
6a. Is this a phased project?"
Yes O No
6b. If yes, explain.
Phase 1 was permitted in 2021 and 2022. No additional phases are anticipated.
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
3. Stream Impacts

3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact*
3d. S. name*
3e. Stream Type"
3f. Type of
39. S. width
3h. Impact
(?)
Jurisdiction*
length*
S1
road / parking
p 9
Permanent
Culvert
CH 100
Intermittent
Both
187
320
Averege (feet)
(linear feet)
S2
road crossing
Permanent
Culvert
CH 100
Intermittent
Both
266
86
Average (feet)
(linear feet)
S3
pond grading
Permanent
Fill
CH 500
Intermittent
Both
221
86
Averege (faeQ
(linear feet)
S4
road crossing
Permanent
Culvert
CH 100
Perennial
Both
591
68
Averege (feet)
(linear feet)
SS
lot grading /sewer
Permanent
Fill Iff
Intermittent
Both
220
56
Averege (feet)
(linear feet)
S6
sewer
Permanent
Fill
CH 300
Intermittent
Both
236
47
Averege (feet)
(linear feet)
S7
sewer
Temporary
Excavation
CH 100
Intermittent
Both
212
17
Average (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
663
3i. Total stream and ditch impacts:
680
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
17
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impact S1 (320 LF, 0.014 acre) is located on the intermittent section of CH 100. 155 linear feet is for fill related to grading and parking for a commercial
or office building and 165 linear feet is for a road crossing required for connectivity to Hwy 73. A retaining wall is proposed to the East to minimize
additional stream impact. Impact S2 (86 LF, 0.005 acre) is located on the intermittent section of CH 100 and is for the installation of a culvert for a road
crossing. Retaining walls will be used on either side of this road crossing to avoid additional stream impacts. Impact S3 (86 LF, 0.004 acre) is for grading
purposes for a BMR Impact S4 (68 LF, 0.009 acre) is located on the perennial section of CH 100 and is for the installation of a culvert for a road
crossing. Retaining walls will be used on either side of this road crossing to avoid additional stream impacts. Impact S5 (56 LF, 0.003 acre) located on
CH 400 and Impact S6 (47 LF, 0.003 acre) located on CH 300, are both for installation of the proposed sanitary sewer. A portion of impact S5 is for lot
grading. The one temporary stream impact in Phase 2 is for one sewer line crossing.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Retaining walls, wing walls, trail bridges, stream buffer preservation areas, floodplain preservation areas, and avoidance to perennial stream impacts
except one road crossing.
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):
D W R 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:
RES Aster, LLC Mitigation Bank Cardinal Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 922
3c. Comments
O
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:
Project is located within the Yadkin Basin.
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.
Town of Huntersville
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. 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.
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
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?
NHP and IPaC, see attached US FWS correpondence
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
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, see attached comment letter, an archaeological survey was conducted within Phase 1, no resources were encountered
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes J No
8b. If yes, explain how project meets FEMA requirements:
There is a FEMA floodplain located on site however no development will occur within the floodplain.
8c. What source(s) did you use to make the floodplain determination?
FEMA's National Flood Hazard GIS 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
North Creek Village Phase 2 e-PCN Attachments.pdf 25.61MB
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:
Jennifer Lee Robertson
Signature
C'/nar�t ,r�rtr4cw
Date
9/20/2023
8