20240259 Ver 1_ePCN Application_20240209

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.
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# *
20240259 1
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
la. Name of project:
Hudspeth
1a. Who is the Primary Contact? *
Mark Maynard Jr.
1b. Primary Contact Email: *
[e-mail]
Date Submitted
2/9/2024
Nearest Body of Water
Mallard Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.337081
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cabarrus
Mecklenburg
Is this a NCDMS Project
Yes No
Longitude:
-80.690473
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

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:
MECK29APT LLC
2b. Deed book and page no.:
2c. Contact Person:

2d. Address
Street Address
332 Military Cutoff Rd
Address Line 2
city
Wilmington
Postal / Zip Code
28405
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
2a. Name(s) on recorded deed:
Meck29th LLC
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
332 Military Cutoff Rd
Address Line 2
City
Wilmington
Postal / Zip Code
28405
2e. Telephone Number:
[phone]
2g. Email Address:'
[e-mail]
2a. Name(s) on recorded deed:
Cab29ware LLC
2b. Deed book and page no
2c. Contact Person:
2d. Address
Street Address
332 Military Cutoff Rd
Address Line 2
city
Wilmington
Postal / Zip Code
28405
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Mark Maynard Jr.
3b. Business Name:
Tribute Construction, Inc.
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:

3c. Address
Street Address
332 Military Cutoff Road
Address Line 2
city
Wilmington
Postal / Zip Code
28405
3d. Telephone Number:
[phone]
3f. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jesse Degnan, PWS
4b. Business Name:
ECS Southeast, LLC
4c.Address
Street Address
1812 Center Park Drive
Address Line 2
Suite D
city
Charlotte
Postal / Zip Code
28217
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 I town:
Charlotte and Concord
2. Project Identification
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
51091010, 05109106, 05108127 2b. Property size:
(Mecklenburg), 45985461460000 (Cabarrus) 102
2c. Project Address
Street Address
12900 N Tryon Street
Address Line 2
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28262 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Mallard Creek
3b. Water Resources Classification of nearest receiving water:"
C
a
3c. What river basins) is your project located it

Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
03040105
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 proposed project is located at 12900 N Tryon Street in Charlotte, North Carolina and is comprised of portions of Mecklenburg County Parcel Identification Numbers 51091010,
05109106 and 05108127 and Cabarrus County Parcel Identification Number 45985461460000. The site consists of undeveloped woodlands and open areas, including existing utility
rights -of -way. Surrounding land use includes undeveloped woodlands and agricultural, commercial, recreational and residential properties.
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:
-3.54
4g. List the total estimated linear feet of all existing streams on the property:
4,537
4h. Explain the purpose of the proposed project:*
The purpose of this project is to provide a multi -family community consisting of up to 380 units per approved rezoning petition. Proposed public road infrastructure was placed on approved
rezoning plan to meet block lengths, standard USDG street sections, connectivity requirements set forth by Charlotte Zoning Ordinance, and crossings of existing streams and wetlands to
be designed to CDOT and NCDOT standards and plan review. The proposed project also includes construction of a pump station and gravity sewer to serve the site.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project consists of the construction of a 380 unit multi -family community. The proposed site layout is required by the approved rezoning for the site (RZP-2021-150). Access to
Highway 29 must be provided per rezoning requirements. To meet RZP-2021-150 public road infrastructure and layout requirements, a road (Caldwell Road Extension) must be
constructed, which will entail permanent stream impacts. Caldwell Road Extension is required to follow the proposed path per the Cabarrus/Rowan Comp Transportation plan. The road
configuration is also required by the approved rezoning for the site.
The proposed sewer forcemain alignment was engineered based on the topography of the site and adjacent properties and availability of existing sewer. The alignment has been
coordinated with Charlotte Water to confirm the proposed location is the optimal alignment for the sewer forcemain. The sewer forcemain will be owned, operated and maintained by
Charlotte Water when construction is complete.
The development will be constructed via standard construction procedures. Proper erosion and sediment control measures will be utilized and maintained throughout the project. Typical
materials and machinery will be used on -site during the construction process.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
Delineated by Merrs. Jesse Degnan, PWS & Ron Johnson, PWS
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-2120-02033 & SAW-2022-00423
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jesse Degnan, PWS & Ron Johnson, PWS
Agency/Consultant Company: ECS Southeast
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
October 4, 2021 and April 11, 2022
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, 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
Reason (?)
r
2b. Impact type" (?)
�2c. Type of W.
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
2g• Impact
area
ff1]Fewer
Crossing
T
Headwater Forest
Wetland 1
f=Fth
1�=_
2g. Total Temporary Wetland Impact
0.086
2g. Total Wetland Impact
0.086
21. Comments:
Temporary wetland impact for sewer line crossing.
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.000
F1
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*
g1
Road Crossing
Permanent
Culvert
Stream 6
Perennial
Both
193
Aveage (feat)
(linear feet)
g2
Road Crossing
Permanent
Rip Rap Fill
-Stream—ftream 6
ff::]Both
43
Average (feet)
(linear feet)
S3
Sewer Crossing 77mporary
Excavation
Stream 2
Perennial
Both
4
36
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
236
3i. Total stream and ditch impacts:
272
3i. Total temporary stream impacts:
36
3j. Comments:
The temporary stream crossing will be installed via jack and bore to minimize impacts. The area of proposed permanent impact associated with the road
crossing includes 0.004 acre (-43 LF) for rip rap installation and 0.017 acre (-193 LF) for pipe placement. All rip rap will be keyed into the stream and,
therefore, was not calculated as mitigatable impact.
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:
The proposed project has been planned and engineered to avoid wetland and waterbody impacts to the greatest extent practicable. Where avoidance
was not feasible, proposed impacts were minimized during the siting, planning, and engineering phases of the project.
The road crossing will be constructed at as close to a 90-degree angle as possible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The development will be constructed via standard construction procedures. To minimize loss of streambed, rip rap will be keyed -in at the inlet and outlet
of the pipe associated with the proposed road crossing. Appropriate construction techniques will be used, and erosion control measures will be
implemented to prevent potential sedimentation and other potential secondary impacts. Efforts will be made throughout all construction phases to
minimize the extent and duration of project -related disturbances to water resources. Temporary stream impacts will be minimized using industry standard
techniques such as temporary dam and bypass pump, limited excavation, and backfilling with native material. The temporary stream crossing will be
installed via jack and bore to minimize impacts.
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:
The area of proposed permanent impact associated with the road crossing includes 0.004 acre (-43 LF) for rip rap installation and 0.017 acre (-193 LF) for pipe placement. All rip rap will
be keyed into the stream and, therefore, was not calculated as mitigatable impact.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
O
O

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:
NC Riparian Buffer Protection Rules have not been established for 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.
Charlotte -Mecklenburg Storm Water Services
Comments:
Total impervious surface area = 34.19
Stormwater will be managed using three (3) sand filter SCMs, and one (1) wet pond SCM on the subject property. All SCMs have been designed in accordance with the Charlotte -
Mecklenburg Storm Water Services SCM Design Manual.
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. This project is not part of a larger planned development. The proposed infrastructure and associated stream
impacts will be constructed in a single phase. Individual buildings may be constructed in phases or all at once. No further impacts are anticipated beyond
what is included in this initial phase.
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 be handled by Charlotte -Mecklenburg Utility Department.
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
L

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 consultation. The USFWS response letter is attached.
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?
SHPO consultation. SHPO letters attached.
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:
The project will adhere to State/local FEMA requirements. Activities proposed within the FEMA floodplain will not result in permanent above -grade fills.
Based on the Charlotte Floodplain Regulations, the proposed activities meet the requirements of the General Floodplain Development Permit and are,
therefore, approved by right and may take place without prior approval.
8c. What source(s) did you use to make the floodplain determination?"
FEMA Floodplain Mapper and the Charlotte -Mecklenburg Storm Water Services Floodplain Regulations
Technical Guidance Document
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 dreg and drop files here to attach document
Attachments.pdf 7.75MB
File must be PDF or KMZ
Comments
Signature O
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:
Jesse Degnan

Signature
Date
2/9/2024