20231623 Ver 1_ePCN Application_20231127

DW R
Dlvlslon 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.
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# *
20231623 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:
Lose Tract A Residential Development
la. Who is the Primary Contact?*
Danielle Clark
1b. Primary Contact Email:*
[e-mail]
Date Submitted
11/27/2023
Nearest Body of Water
Unnamed tributary of Irwin Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.188182
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
Longitude:
-80.885666
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 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:
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
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:
Andrew Justin Thomas & Holly Thomas Clapham
2b. Deed book and page no.:
32396-527
2c. Contact Person:
2d.Address
Street Address
9136 Longvale Lane
Address Line 2
city
Charlotte
Postal / Zip Code
28214
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
United States
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:
Chris Branch
3b. Business Name:
Boulevard Real Estate Advisors LLC
3c.Address
Street Address
2100 Hastings Drive
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28207
United States
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:"`
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Danielle Clark
4b. Business Name:
Hart & Hickman, PC
4c.Address
Street Address
3921 Sunset Ridge Road
Address Line 2
Suite 301
city
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27607
United States
4d. Telephone Number: 4e. Fax 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:
Charlotte
2. Project Identification
2a. Property Identification Number: 2b. Property size:
14525409, 14525408, & 14525407 1.92
Q

2c. Project Address
Street Address
311 Orchard Circle
Address Line 2
City
Charlotte
Postal / Zip Code
28217
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Unnamed tributary of Irvin 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.
030501030101
4. Project Description and History
State / Province / Region
NC
Country
United States
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 consists of three contiguous parcels located at 311 Orchard Circle in Charlotte, Mecklenburg County, North Carolina. The Site consists primarily of undeveloped land. General
land use in the vicinity of the Site is residential, light industrial, and undeveloped 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:
0.019
4g. List the total estimated linear feet of all existing streams on the property:
83
4h. Explain the purpose of the proposed project: *
The applicant proposes to construct a multi -family residential development to serve the City of Charlotte and the surrounding areas.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The planned development area will be graded with heavy equipment to prepare level building pads. Underground stormwater detention systems are proposed.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
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-2022-00902
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Dan McCauley, PWS
Agency/Consultant Company: Hart & Hickman, PC
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Sam Dailey of the Corps Charlotte Regulatory Field Office issued a JD Concurrence email on April 26, 2023.
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?
No
D. Proposed Impacts Inventory O

1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
(?)
2g. Impact
area
Wetland Impact
1
Pipe/fill
Headwater Forest �t.ndArea
"A"
Yes
Corps
0.005
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.005
2g. Total Permanent Wetland Impact
0.005
21. Comments:
The permanent wetland impacts include the installation of a pipe and fill required to facilitate the construction of a roadway associated with the
residential development.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact" J3�name*
�3e. Stream Type"
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
31
Stream Impact 1
Permanent
Fill
Stream Channel "A"
Intermittent::]
Corps
Averege (feet)
83
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
83
3i. Total stream and ditch impacts:
83
31. Total temporary stream impacts:
0
3j. Comments:
The permanent stream impact involves fill and grading required to facilitate the construction of level building pads for the townhome units and an
associated sidewalk.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
a

la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Avoidance and Minimization
The proposed development is located at 311 Orchard Circle in Charlotte, Mecklenburg County, North Carolina. The Site consists of three contiguous
parcels of land (Mecklenburg County Parcel ID Nos. 14525409, 14525408, and 14525407) that total approximately 1.92 acres.
H&H reviewed State and Federal Threatened and Endangered Species databases for the Site and conducted a screening survey of the Site and
surrounding area in August 2022 for Federal Threatened and Endangered Species, and none were identified. H&H also reviewed the National Registry
of Historic Places (NRHP) for Sites located in Mecklenburg County, North Carolina; the North Carolina State Historic Preservation Office (NC SHPO)
GIS viewer; and the Site and surrounding area via visual reconnaissance for the potential presence of historic, cultural, and/or archeological sites. Based
upon a review of the NC SHPO GIS viewer, H&H did not identify on -Site National Register (NR) Individual Listing on or adjacent to the subject Site. The
NC SHPO GIS viewer depicts Freeland Chapel (MK1703) as a "surveyed only" property approximately 1,400 feet to the northeast of the Site. No other
mapped properties were identified within 2,000 feet from the Site. H&H requested comment on the Site from the United States Fish and Wildlife Service,
NC Wildlife Resources Commission, and NC SHPO in August 2022. Agency responses are included in Appendix D and do not indicate the presence of
historic sites or protected species.
In regard to Site alternatives, the property developer has considered and evaluated other potential properties in the area of the proposed residential
development. However, undeveloped properties or property assemblages are difficult to find and purchase along the frontage of major roadways and
within such close proximity to major interstates and the City of Charlotte. The proposed townhomes and associated roadways have been designed to
primarily occupy upland areas to avoid on -Site Waters of the US to the maximum extent practicable.
A previously designed Preliminary Constraints Map prepared by McAdams dated January 28, 2022 indicates that the developer originally proposed a
significantly larger area of disturbance, which included nine additional townhomes. The proposed Site layout reduced the number of townhomes to
facilitate a reduction of impacts to on -Site aquatic resources. Additionally, a foundation wall is proposed to reduce grading within WAA. The Preliminary
Constraints Map and Final Constraints Map prepared by McAdams are included in Appendix B.
To minimize Site impacts, the proposed Site plan was designed to avoid Waters of the US to the maximum extent practicable. The Site buildings, parking
areas, and roadways have been designed to primarily occupy upland areas. The developer has elected to use underground stormwater detention
systems to reduce encroachment into Waters of the US.
During Site development, good erosion and sediment control practices will be followed. Extensive silt fencing will be used on the construction Site
perimeter and along potentially affected wetland boundaries.
Mitigation
Mitigation is typically required by NWP #29 for impacts greater than 0.1 acre of wetlands and 0.02 acre of stream. Due to the proposed impacts to 0.005
acre of on -Site wetlands and 83 linear feet (0.005 acre) of streams, compensatory mitigation is not anticipated.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Avoidance and Minimization
The proposed development is located at 311 Orchard Circle in Charlotte, Mecklenburg County, North Carolina. The Site consists of three contiguous
parcels of land (Mecklenburg County Parcel ID Nos. 14525409, 14525408, and 14525407) that total approximately 1.92 acres.
H&H reviewed State and Federal Threatened and Endangered Species databases for the Site and conducted a screening survey of the Site and
surrounding area in August 2022 for Federal Threatened and Endangered Species, and none were identified. H&H also reviewed the National Registry
of Historic Places (NRHP) for Sites located in Mecklenburg County, North Carolina; the North Carolina State Historic Preservation Office (NC SHPO)
GIS viewer; and the Site and surrounding area via visual reconnaissance for the potential presence of historic, cultural, and/or archeological sites. Based
upon a review of the NC SHPO GIS viewer, H&H did not identify on -Site National Register (NR) Individual Listing on or adjacent to the subject Site. The
NC SHPO GIS viewer depicts Freeland Chapel (MK1703) as a "surveyed only" property approximately 1,400 feet to the northeast of the Site. No other
mapped properties were identified within 2,000 feet from the Site. H&H requested comment on the Site from the United States Fish and Wildlife Service,
NC Wildlife Resources Commission, and NC SHPO in August 2022. Agency responses are included in Appendix D and do not indicate the presence of
historic sites or protected species.
In regard to Site alternatives, the property developer has considered and evaluated other potential properties in the area of the proposed residential
development. However, undeveloped properties or property assemblages are difficult to find and purchase along the frontage of major roadways and
within such close proximity to major interstates and the City of Charlotte. The proposed townhomes and associated roadways have been designed to
primarily occupy upland areas to avoid on -Site Waters of the US to the maximum extent practicable.
A previously designed Preliminary Constraints Map prepared by McAdams dated January 28, 2022 indicates that the developer originally proposed a
significantly larger area of disturbance, which included nine additional townhomes. The proposed Site layout reduced the number of townhomes to
facilitate a reduction of impacts to on -Site aquatic resources. Additionally, a foundation wall is proposed to reduce grading within WAA. The Preliminary
Constraints Map and Final Constraints Map prepared by McAdams are included in Appendix B.
To minimize Site impacts, the proposed Site plan was designed to avoid Waters of the US to the maximum extent practicable. The Site buildings, parking
areas, and roadways have been designed to primarily occupy upland areas. The developer has elected to use underground stormwater detention
systems to reduce encroachment into Waters of the US.
During Site development, good erosion and sediment control practices will be followed. Extensive silt fencing will be used on the construction Site
perimeter and along potentially affected wetland boundaries.
Mitigation
Mitigation is typically required by NWP #29 for impacts greater than 0.1 acre of wetlands and 0.02 acre of stream. Due to the proposed impacts to 0.005
acre of on -Site wetlands and 83 linear feet (0.005 acre) of streams, compensatory mitigation is not anticipated.
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:
Permanent impacts to wetlands are less than 0.1 acre and permanent impacts to streams are less than 0.02 acre.
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:
The Site is located in the Catawba River basin, and is not located near the main stem nor near the main stem lakes of the Catawba River.
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.
City of Charlotte
Comments:
The project will provide underground detention and water quality to manage stormwater runoff and maintain pre -development flow rates. Design will meet the requirements of the City of
Charlotte's Post -Construction Controls Ordinance.
G. Supplementary Information O
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.
The proposed Site plan will develop the majority of the Site and additional development is not anticipated. Additional phases and/or impacts to Waters of
the US are not planned or 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 will enter Charlotte Water sanitary sewer infrastructure and will be piped to an off -site Charlotte Water wastewater treatment plant.
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 database, NC Natural Heritage Program databases, and on -Site reconnaissance
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?
http://www.habitat.noaa.gov/protection/efh/efhmapper/
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?"
National Registry of Historic Places, NC State Historic Preservation Office GIS viewer, and on -Site reconnaissance
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 Flood Insurance Rate Map ID #3710453200J
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
LoSo Tract A Residential Development - PCN Application (11-9-23).pdf 5.59MB
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:
Danielle C. Clark
Signature
Date
11/27/2023
O