20231429 Ver 1_ePCN Application_20231018

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
12/29/2022
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
20231429
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:
Wall Street
1a. Who is the Primary Contact?*
Holden Sabato
1b. Primary Contact Email: *
[e-mail]
Date Submitted
10/18/2023
Nearest Body of Water
Third Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.760646
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Iredell
Longitude:
-80.863402
Version#*
1
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Andrew Pitner:andrew.pitner
1c. Primary Contact Phone: *
[phone]
$570.00
$767.00
0
Is this a NCDMS Project
Yes No

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 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:
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
03 - Maintenance
14 - Linear transportation
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:
SL STATESVILLE LLC
2b. Deed book and page no.:
2943/1795
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
195 Morristown Road
Address Line 2
City
Basking Ridge
Postal / Zip Code
07920
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 #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)
1c. Nearest municipality / town:
Statesville
2. Project Identification
2a. Property Identification Number:
4743698546.000
2c. Project Address
Street Address
1553 Wall Street
Address Line 2
city
Statesville
Postal / Zip Code
28677
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Third Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located it *
Yadkin-PeeDee
State / Province / Region
NJ
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
57.27
State / Province / Region
NC
Country
USA

3d. Please provide the 12-digit HUC in which the project is located.
030401020302
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 project review area is mostly forested with an agricultural field located near the center. The land use of the project area has most recently been farming/agriculture and residential.
Interstate 77 abuts the Eastern project boundary with Third Creek along the South boundary, and US Highway 70 adjacent to the Northern boundary. The surrounding land use is
predominantly a mix of residential, forested, and commercial.
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:
14.543
4g. List the total estimated linear feet of all existing streams on the property:
14637
4h. Explain the purpose of the proposed project:"
The project purpose is for the construction of road to access the high ground areas of the project.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will involve land clearing and grading using heavy equipment to prepare the ground surface for paving. The roadway to access the site will consist of both public and private
portions and will be an extension of the existing Landson Drive. The road will be approximately 2,390 feet to a roundabout then an additional 540 feet to the proposed development. The
proposed development will require both stream and wetland impacts at the road crossing areas. Wing walls and retaining walls are proposed at the impact areas to avoid and minimize
impacts.
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-2022-01127
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
AM signed September 16, 2022 by Krystynka B. Stygar
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 a single and complete project.
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
M
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
(?)
2g• Impact
area *
W1
Culvert
J(acres)
P
Bottomland Hardwood Forest
WL O 1000
Yes
Both
0.014

2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.014
2g. Total Wetland Impact
0.014
2i. Comments:
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*
St
Road Crossing
Permanent
Culvert
CH N
Perennial
Both
49
Average (feet)
(linear feet)
gy
Road Crossing
Permanent
Culvert
CH N
Perennial
Both
153
Averege (feel)
(linear feet)
S3
Road Crossing
Permanent
Relocation
CH O
Perennial
Both
13
Averege (feet)
(linear feet)
S4
Maintenance
Temporary
Other
CH P
Perennial
Both
6
400
Average (feet)
(linear feet)
S5
Pump Around
Temporary
Dewatering
CH P
Perennial
Both
20
Averege (feet)
(linear feet)
S6
Pump Around
Temporary
Dewatering
CH N
Perennial
Both
20
Average (feet)
(linear feet)
S7
Pump Around
Temporary
Dewatering
CH N
Perennial
Both
20
—]
Average (feet)
(linear feet)
gg
Pump Around
Temporary
Dewatering
CH O
Perennial
Both
13
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
215 473
3i. Total stream and ditch impacts:
688
3j. Comments:
Due to the proposed placement of culvert at impact W1 a short section of channel CH O is proposed to be open relocated to increase long term stability
below the culvert for approximately 13 feet. Mitigation is proposed for impacts S1 and S2. No mitigation is proposed for the open relocation. Impact S4 is
for the replacement of the existing culvert. A pump around to establish a de -watering zone has also been included as a temporary impact which includes
10 feet above and 10 feet below impacts at S1, S2, and S4. No mitigation is proposed for the temporary impacts. S1 is 0.01 Ac and S2 is 0.024 Ac. Due
to the quality of the channel being Medium according to the included NC SAM form we are proposing mitigation at a rate of 1.75:1.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The road has been designed and engineered to avoid and minimize proposed impacts to the greatest extent possible. The road alignment has been
designed to take advantage of existing site access and an existing culvert. By using the existing culvert the road alignment has avoided additional
impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
At impact S2 wing walls are being used to avoid additional impacts and minimize proposed impacts by reducing the length of side slopes. At impact S1 a
retaining wall has been proposed to be constructed to avoid and minimize impacts by nearly eliminating side slopes. The wall is approximately 11-12 feet
in height and is 140 linear feet on the downstream side and 144 liner feet on the upstream side of the 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

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)
202
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested
(acres)
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
Stream mitigation is being requested at a rate of 1.75 to 1 due to CH N scoring as a Medium by the NC Stream Assessment Method.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
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)
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:
Not adjacent to protected riparian buffers
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 Coastal Counties
HWQ or ORW Other
Comments:
The proposed development includes the construction of four stormwater control measures.
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.
This is a single and complete project.
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 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?
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?
NC NHP and 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?
See attached comment letter.
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:
Project engineer is handling all FEMA requirements.
8c. What source(s) did you use to make the floodplain determination?
FEMA NFHL Google Earth Aml and on site plan provided by engineer.
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
Wall Street NWP 3 14 Verification Request Compressed.pdf 16.18MB
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
0711WOrrd -
Date
10/18/2023
M