20240130 Ver 1_ePCN Application_20240118

DW R
DHlsloo 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# *
20240130 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:
Creston Circle
1a. Who is the Primary Contact?*
Lisa Long
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1 /18/2024
Nearest Body of Water
Long Creek
Basin
Catawba
Water Classification
WS-Iv
Site Coordinates
Latitude:
Longitude:
35.298104'
-80.982044'
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

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
39 - Commercial/Institutional 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:
Multiple, see attached
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
Multiple, see attached
Address Line 2
city
Multiple, see attached
Postal / Zip Code
Multiple, see attached
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
Multiple, see attached
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:
Mr. William McGuire
3b. Business Name:
Penler
3c.Address
Street Address
2964 Peachtree Rd., NW
Address Line 2
Ste. 275
City
State / Province / Region
Atlanta
GA
Postal / Zip Code
Country
30305
USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Lisa Long
4b. Business Name:
WSP USA Environment & Infrastructure Inc.
4c.Address
Street Address
4021 Stirrup Creek Dr., Suite 100
Address Line 2
city
State / Province / Region
Durham
NC
Postal / Zip Code
Country
27703
USA
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:
Mount Holly
2. Project Identification
2a. Property Identification Number: 2b. Property size:
Multiple, see attached 24.29 acres
Q

2c. Project Address
Street Address
10837 Mount Holly Rd
Address Line 2
City
Charlotte
Postal / Zip Code
28214
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Long Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011403
4. Project Description and History
State / Province / Region
NC
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 Creston Circle site is approximately 24.29 acres located at 10837 Mount Holly Road in Charlotte, North Carolina within Mecklenburg County. The site is comprised primarily of forested
area, with several residences as well as a commercial building. A sewerline easement is present adjacent to a stream channel, and small powerline corridors. The site is bounded by
forested areas and residential development to the east, west, and south, and by Mount Holly Road, light commercial development, residential development, and forested areas to the
north.
The proposed mixed -use development will consist of high -density residential and commercial buildings, stormwater control measures, roadways, and utility improvements (i.e. public water
supply and sanitary sewer alignment) .
A delineation of the project area was completed by WSP (previously Wood Environment & Infrastructure Solutions, Inc.) on 8/31 and 9/1/2022. A Preliminary Jurisdictional Determination
was issued by Bryan Roden -Reynolds of the USACE on 12/7/2022.
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 acres
4g. List the total estimated linear feet of all existing streams on the property:
1678.1 LF
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a multiuse development consisting of high -density residential and commercial buildings with community cohesion and the necessary amenities
within western Mecklenburg County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project is a single -phased multi -use development that is located at 10837 Mount Holly Road in Charlotte, North Carolina within Mecklenburg County.
The project will include high -density residential and commercial buildings and associated amenities, including stormwater control measures and utility and road improvements.
All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment,
graders, and earth movers. SCMs are required and will be used.
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-2022-02321
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jan Gay
Agency/Consultant Company: WSP
Other:

5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
12/7/2022 - Preliminary Jurisdictional Determinations for SAW-2022-02321 received from Bryan Roden -Reynolds of the USACE
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 other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this
permit application.
D. Proposed Impacts Inventory
1. Impacts Summary
ta. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
a
F 1
S1
3a. Reason for impact ()
Culvert installation
3b.lmpact type"
Permanent
3c. Type of impact"
Culvert
3d. S. name"
SA
U. Stream Type*
?)
Intermittent
3f. Type of
Jurisdiction*
Corps
3g. S. width
13
Average (feet)
3h. Impact
length*
102
(linear feet)
g2
15' construction but
ff:]
Culvert
SA
Intermittent
Corps
11
Average (faeQ
15
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
102 15
3i. Total stream and ditch impacts:
117
3j. Comments:
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
PA
Fill
P
PA
Fill
_11
Pond
0.16
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.16
4g. Total open water impacts:
0.16
4h. Comments:
This feature is a stormwater pond with no outlet whose water source is runoff from adjacent yards. It was determined to be non -jurisdictional in the
12/7/2022 PJD.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts
proposed are necessary in order for the project's goals to be realized. The proposed culvert replaces an existing culvert at a reconfigured angle suitable
to the entrance drive.
The entry drive location is a required public network street whose crossing is determined by the location of the existing adjacent drive.
a

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the
requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and
local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install
silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All
erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once
every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will
be kept by the owner's representative.
Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best
Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to
prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill
will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore,
stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project
construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of
disturbance within jurisdictional waters.
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:
Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site and Double Rock
Mitigation Site; RES Catawba Umbrella Mitigation Bank, Dogtown Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 204
3c. Comments
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:
The project occurs within Charlotte -Mecklenburg S.W.I.M and post -development buffer areas. Buffer disturbances will be permitted through CMSWS. No state riparian buffers are present
in the project area.
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.
Charlotte -Mecklenburg Storm Water Services
Comments:
Stormwater Management is provided per City of Charlotte requirements. The overall plan proposes a storm system to maintain the existing drainage patterns and route through the
proposed Wet Pond. Water Quality and Detention are being provided through the Wet Pond.
O

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.
The proposed project is a single and complete project that will not result in additional impacts. All impacts associated with the project are accounted for
herein.
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.
Sewer on -site is private and routing to the public Charlotte Water sewer system on -site. This Charlotte Water system routes to the McAlpine WWTR The
flow anticipated from the site is 37,530 GPD. Treatment capacity of the plant it unknown.
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
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?
A search of the USFWS IPaC database identified four federally protected species as potentially occurring within the project area, including the tricolored
bat, Michaux's sumac, Schweinitz's sunflower, and smooth coneflower. The IPaC database further identified one candidate species for listing, the
monarch butterfly, as potentially occurring within the project area. No critical habitats were identified within the project area or a 1-mile radius.
Additionally, a search of the North Carolina Natural Heritage Program (NHP) database did not identify occurrences of federally listed species or state -
managed areas within the project limits.
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? *
The Historic Preservation Office Web Service (HPOWEB) maintained by the North Carolina Historic Preservation Office (NCHPO), and the data
inventory and library housed at the North Carolina Office of State Archaeology (NCOSA) in Raleigh, North Carolina. The WSP Cultural Resource
Literature and Records Review indicated that the proposed project area is not expected to impact any known archaeological sites nor present any
adverse effects to any recorded historic structures. However, due to the limited number of cultural resources surveys in the area and the presence of
several potentially historic structures within the project area, further survey and investigation would determine the presence of any potentially significant
sites within the project area. See attached Natural and Cultural Resources Review Technical Report for additional information.
8. Flood Zone Designation (Corps Requirement)
Be. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
According to FEMA FIRM panel 3710450600L (effective 09/02/2015), the southeastern portions of the project area are located within Zone AE, an area
with 1 % annual chance flood hazard within regulatory floodway. and base flood elevations between 600 and 610 feet above mean sea level. The
remainder of the site is located within Zone X, an area of minimal flood hazard. No impacts to the 100-yr floodplain are anticipated.
8c. What source(s) did you use to make the floodplain determination?"
FEMA FIRM panel 3710450600L (effective 09/02/2015)
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
Penler Mount Holly PCN Attachments.pdf
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
14.44MB
• 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:
Lisa Long
Signature
re✓, ely,"
Date
1/18/2024
U