20231574 Ver 1_ePCN Application_20231116

i 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:
8/7/2023
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 *
Version# *
20231574
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Mooresville Regional Office - [phone]
Andrew Pitner:andrew.pitner
Information for Initial Review
1a. Name of project:
Villages at Crooked Creek
1a. Who is the Primary Contact?*
Michael Kavourias
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
11/16/2023
Nearest Body of Water
South Fork Crooked Creek
Basin
Yadkin-PeeDee
Water Classification
Class C
Site Coordinates
Latitude: Longitude:
35.072104-80.617135
A. Processing Information O
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

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: 29 - Residential Developments
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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:
Nancy Stamey
2b. Deed book and page no.:
5316/879
2c. Contact Person:
Charlton Plyler

2d. Address
Street Address
3700 Baron Cooper Pass
Address Line 2
Unit 104
City State / Province / Region
Raliegh North Carolina
Postal / Zip Code Country
27612 USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Franklin Howey
2b. Deed book and page no.:
7285/773
2c. Contact Person:
Jess Perry
2d.Address
Street Address
PO Box 429
Address Line 2
City
State / Province / Region
Monroe
North Carolina
Postal / Zip Code
Country
28111
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Michael Kavourias
3b. Business Name:
MCP Acquisitions, LLC
3c. Address
Street Address
40 West 57th Street
Address Line 2
Suite 1420
City
State / Province / Region
New York
New York
Postal / Zip Code
Country
10019
USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Nick Creidler
4b. Business Name:
Headwater Environmental, Inc

4c. Address
Street Address
1121 Military Cutoff Rd
Address Line 2
Suite 3 #306
city
Wilmington
Postal / Zip Code
28405
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Villages at Crooked Creek
1c. Nearest municipality / town:
Indian Trail
2. Project Identification
2a. Property Identification Number:
07024044 and 07045001
2c. Project Address
Street Address
3405 W Unionville Indian Trail Road
Address Line 2
city
Indian Trail
Postal / Zip Code
28110
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
South Fork Crooked Creek
3b. Water Resources Classification of nearest receiving water:
Class C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050702
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
42.34
State / Province / Region
North Caroina
Country
USA
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 situated between 620 and 640 feet above mean sea level. A dwelling is located on the northeastern portion of the site. Agricultural fields are located on the northern portion of
the site. The remainder of the site consists of wooded land. An unnamed tributary to Crooked Creek drains south through the wooded area.
The site is in a mixed -use area of Union County, North Carolina. The site is bounded on the north by West Unionville Indian Trail Road. Sardis Church is located northwest and adjacent to
the site. Oakwood lane bounds the stie to the west. Sardis Elementary School is located west of the site. The remaining surrounding properties consist of residential or wooded land.
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:
4.63 acres
4g. List the total estimated linear feet of all existing streams on the property:
1113 linear feet

4h. Explain the purpose of the proposed project:*
The proposed project is to develop a residential subdivision to provide needed homes to an area of Union County seeing rapid growth. A total of 179 single family units will be provided to
suit a variety of needs with high density cottages, front load units, and rear load units.
The proposed development will match the aesthetics of other new residential developments in the area and will abide by all local ordinances
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed Villages at Crooked Creek residential subdivision includes a total of 179 units with high density cottages, rear load detached single family units, front load single family units,
and a community pool and clubhouse are proposed with the Villages at Crooked Creek development. Utility easements, stormwater retention pond, and right-of-way construction are
proposed with the Villages at Crooked Creek project.
A total of 0.319-acre of wetlands will be permanently impacted by the proposed development. Impact area 1 (0.047-acre) is associated with grading to accommodate for a pump station
and roadway turnaround. Impact area 2 (0.082-acre) is associated with lot development and grading. Impact area 3 (0.159-acre) is associated with lot development, right-of-way and utility
development. Impact area 4 (0.031-acre) is associated with a sewer easement to support the proposed subdivision.
Dump trucks, skid steers, and backhoes for grading and utility installation will be used for development of the site. Additionally, pick-up trucks will be utilized on site by contractors and
construction workers. Noise impacts are to be expected during construction and will be limited to daylight hours.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No 9 Unknown
Comments:
The Army Corps of Engineers issued a Preliminary Jurisdictional Determination on August 31, 2022
(SAW-2019-00865).
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-2019-00865
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Paul Pascarosa
Agency/Consultant Company: Headwater 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
Corp determination issued August 31, 2022
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
Proposed commercial space has been left for future development on the northwestern corner of the site, at the intersection of West Unionville -Indian Trail Road and Oakwood Lane. This
area consists of well drained land and will not require future wetland permitting.
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 additional permits are anticipated with the proposed Villages at Crooked Creek subdivision.
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
O
Impact 1
Impact 2
2a1 Reason (?)
Pump station and road
Gradinpg and mentlot
develo
2b. Impact type* (?)
P
P
2c. Type of W.*
ffAM TYPES
FMAM TYPES
2d. W. name
A
A
2e. Forested*
Yes
Yes
2f. Type of Jurisdicition *
(?)
Corps
Corps
�29. Impact
area *
0.047
(acres)
0.082 )
Impact 3
Public right-of-way
P
NCWAM TYPES
A
Yes
Corps
0.159
(acres)

ttJ
Sewer easement P NCWAM TYPES A Yes Corps 0.031
(acres)
_J
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.319
2i. Comments:
2g. Total Permanent Wetland Impact
0.319
Impacts are limited to the upper reach of a depressional forested wetland. The understory is densely vegetated with several invasive plant species. A
stream drains south through the middle of the wetland area to Crooked Creek. The slopes and existing ditches from the upgradient agricultural fields
lead to frequent sedimentation through the stream and wetland area during heavy precipitation events.
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:
Original project concept drawings included full development of the site. The most recent site plans include limited wetland impacts that are primarily
associated with neighborhood infrastructure and grading to ensure stabilization of the developed areas and proper drainage occurs on site. Local
building ordinances and setback requirements limit certain design aspects of the proposed project. Additionally, the engineering and material cost to
avoid some of the proposed wetland impact areas were far greater than the cost of mitigation.
Permanent Impact 1 (0.047-acre)
Impact area 1 is associated with grading to accommodate for a pump station and roadway turnaround. This location was chosen because it is naturally
the lowest elevation on site to service the proposed development without being fully located within the wetland area. Road width and having a
turnaround and access point to the pump station are critically important for emergency and utility services.
Permanent Impact 2 (0.082-acre)
Impact area 2 is associated with grading and development of lots 168, 169, and 170. This design was chosen for overall continuity of the proposed
subdivision and the necessary grading to support the adjacent lots and to insure proper drainage from the development. Local setback ordinances
dictate where the dwelling can be placed on the lots in relation to the road and sidewalk. Therefore, the dwellings are placed on the rear of lots which fall
within the wetland area. Additional grading to support the structure and provide proper drainage incur the remainder of the impacts in this area.
Permanent Impact 3 (0.159-acre)
Impact area 3 is associated with lot development for lots 102 and 103, right-of-way and utility construction. A 71' public right-of-way transacts the
uppermost reach of the wetland area on site. The proposed right-of-way will support underground utilities and a sidewalk. The design of the right-of-way
supports overall neighborhood continuity, and the width is dictated by local ordinances. Additional fill and grading is required south of the right-of-way to
support the proposed development and ensure proper drainage away from the righ-of-way.
Lots 102 and 103 are located upgradient of the proposed right-of-way. The filling of this area supports proper drainage away from the public right-of-way
and neighboring lots.
Permanent Impact 4 (0.031-acre)
Impact area 4 is associated with a 20' wide sewer easement to support the proposed subdivision. This area was chosen because it will connect to an
existing sewer line associated with the adjacent subdivision. The easement width is necessary for future maintenance of the sewer line. This impact area
is also located at the upper reach of the wetland area. The existing vegetation will be removed and limited to herbaceous species. Minimal fill will be
required for this proposed impact associated with the sewer easement.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing will be utilized to minimize sedimentation to the on -site wetland and stream during construction. Two stormwater ponds will slow runofffrom
the development through the wetland and stream on site.
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):
DWR
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)
4d. Buffer mitigation requested (DWR only):
(square feet)
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.319
M
4f. Non -riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)

4h. Comments
In -lieu fee mitigation acceptance provided on November 1, 2023.
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:
Riparian buffers are not mandated by the state within the Yadkin Pee -Dee River 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.
Indian Trail
Comments:
Plan details for the Villages at Crooked Creek prepared by Kyle Crowe, PE at LC3 Consulting. Plans submitted to the Town of Indian Trail for approval.
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
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.
The site is located in an area that is primarily used for residential purposes. An existing school and residential neighborhoods are located in the vicinity.
Wetlands and streams on the parcel limit the development potential of the site.
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?
USFWS IPaC tool, query of NC NHP database, project review letter sent to USFWS Asheville office.
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?
NC HPOWEB 2.0 online mapping tool. Two mapped properties located within 0.5-mile of the site. One of which is gone and the other is listed as "survey
only".
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?
FEMA map panel # 3710541800J effective October 16, 2008
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
Misc. Attachments_ Villages at Crooked Creek PCN.pdf 9.21 MB
File must be PDF or KMZ
Comments
Attached are site plans and additional supporting documentation.
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:
Nick Creidler
Signature
91010 oterdlet
8

Date
11 /16/2023