20240436 Ver 1_ePCN Application_20240314

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# *
20240436 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
la. Name of project:
Kairoi University
la. Who is the Primary Contact?*
Taylor Kiker, PWS
1b. Primary Contact Email:*
[e-mail]
Date Submitted
3/14/2024
Nearest Body of Water
UT to Stony Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.336324
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:
-80.741134
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:
Mallard Oaks, LLC
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
2400 South Blvd
Address Line 2
Suite 300
city
Charlotte
Postal / Zip Code
28203
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
2a. Name(s) on recorded deed:
Corporation of the Presiding Bishop of the Church of Jesus Christ Latter -Day Saints
2b. Deed book and page no
2c. Contact Person:
2d. Address
Street Address
50 East North Temple St
Address Line 2
22nd FL
city
Salt Lake City
Postal / Zip Code
84150
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
2a. Name(s) on recorded deed:
Collin Wolff
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
100 River Ridge Road
Address Line 2
city
Columbia
Postal / Zip Code
29210
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Jo Anne G Perry
2b. Deed book and page no
2c. Contact Person:
2d.Address
Street Address
10001 John Adams Road
Address Line 2
city
Charlotte
Postal / Zip Code
28262
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Virginia F Atwell
2f. Fax Number:
State / Province / Region
UT
Country
USA
2f. Fax Number:
State / Province / Region
SC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:

2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
1005 Bancroft Ct
Address Line 2
city
Fort Mill
Postal / Zip Code
29715
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
N11AVE LLC
2b. Deed book and page no
2c. Contact Person:
2d. Address
Street Address
19490 Sandridge Way
Address Line 2
city
Leesburg
Postal / Zip Code
20176
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Tyler Sibley
3b. Business Name:
Kairoi Properties, LLC
3c. Address
Street Address
711 Navarro Street
Address Line 2
Suite 400
city
San Antonio
Postal / Zip Code
78205
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Taylor Kiker
4b. Business Name:
Kin -ley -Horn and Associates
State / Province / Region
Sc
Country
USA
2f. Fax Number:
State / Province / Region
VA
Country
USA
2f. Fax Number:
State / Province / Region
TX
Country
USA
3e. Fax Number:

4c. Address
Street Address
200 South Tryon St
Address Line 2
Suite 200
city
Charlotte
Postal / Zip Code
28202
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:
Charlotte
2. Project Identification
2a. Property Identification Number:
029-02-211, 029-02-212, 029-02-213, 029-02-
214, 029-02-207, 029-02-208, 029-02-209,
029-02-210, 029-02-203, 029-02-205, 029-02-
277, 029-02-206
2c. Project Address
Street Address
John Adams Road
Address Line 2
city
Charlotte
Postal / Zip Code
28262
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
UT to Stony Creek
3b. Water Resources Classification of nearest receiving water:"
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.
030401050103
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
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 proposed project is a 33-acre tract comprised of undeveloped forested land, open areas, and single-family residences. The subject property is bound by Galloway Road and
undeveloped forested land to the north, John Adams Road and multi -family residences to the east, undeveloped forested land and W Mallard Creek Church Road to the south, and 1-85 to
the west.
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:
0.39
4g. List the total estimated linear feet of all existing streams on the property:
2,157
4h. Explain the purpose of the proposed project:
The purpose of this project is to construct a multi -family development for the growing local community.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project seeks the development of ±330 multi -family units, as well as associated development infrastructure appurtenances including, on -site roadway, utilities, and
stormwater facilities.
General construction equipment including bulldozers, excavators, front-end loaders, etc. will be used for construction purposes.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
Kimley-Horn delineated the site on March 22, 2022. The PJD request is included in this permit.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Taylor Kiker, PWS
Agency/Consultant Company: Kimley-Hom and Associates
Other:
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?
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
U
Impact 5 - W2
2a1 Reason (?)
Grading
2b. Impact type* (?)
P
2c. Type of W.*
Headwater Forest
2d. W. name
W2
2e. Forested*
Yes
2f. Type of Jurisdicition *
(?)
Both
29• Impact
area *
0.190
(acres)
Impact 6 - W3
Grading
P
Headwater Forest
W3
Yes
Both
0.070
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.260
2g. Total Wetland Impact
0.260
21. Comments:
The proposed development seeks authorization under NWP 29 for wetland impacts associated with grading necessary to construct the residences. The
proposed project will result in a total of 0.26 acre of permanent impacts to wetlands.
-Impact 5: 0.19 acre to Wetland 2
-Impact 6: 0.07 acre to Wetland 3
3. Stream Impacts
S1
3a. Reason for impact (?)
Impact 1
3b.lmpact type*
Permanent
3c. Type of impact*
Fill
3d. S. name*
S2
3e. Stream Type*
(?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
Averge (feet)
3h. Impact
length*
172
(linear feet)
g2
Impact 2
Permanent
Other
S2
Perennial
Both
Average ((eet)
30
(linear feet)

S3
Impact 3
Permanent
Other
S2
Perennial
Both
Average (feet)
18
(linear feet)
gq
Impact 4
Permanent
Other
S2
Perennial
Both
Average (feet)
10
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
230
31. Total stream and ditch impacts:
230
3j. Comments:
3i. Total temporary stream impacts:
The proposed development seeks authorization under NWP 29 for stream impacts associated with grading and pipe installation. The proposed project
will result in a total of 230 linear feet (LF)/0.033 acre of permanent stream impacts.
-Stream 2 (S2)
o Impact 1: 172 LF/0.025 ac of permanent impacts to S2 results from grading activities necessary to construct the residences.
o Impact 2: 21 LF of 60-in Reinforced Concrete Pipe (RCP) will be installed at Stream 2. The RCP results in 30 LF/0.005 acre of permanent impacts to
S2. The RCP will be buried 1-ft to promote the passage of aquatic organisms.
o Impact 3: The relocation of an existing pipe and installation of a new headwall will result in 18 LF/ 0.002-ac of permanent impacts to S2.
o Impact 4: The relocation of an existing pipe and installation of a new headwall will result in 10 LF/ 0.001-ac of permanent impacts to S2.
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
OW1
Impact?
P
OW1
Fill
Pond
0.01
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.01
4h. Comments:
4g. Total permanent open water impacts:
0.01
The proposed development seeks authorization under NWP 29 for open water impacts associated with grading activities necessary to construct a
stormwater management facility. The proposed project will result in a total of 0.004 acre of permanent impacts to open waters.
-Impact 7: 0.004 acre to Open Water 1
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Avoidance and minimization efforts were implemented during development planning and design to the greatest extent practicable in order to reduce the
overall impacts on the aquatic environment while staying within nationwide permit thresholds. The final plan demonstrates maximum avoidance and
minimization efforts by reducing the proposed stream impacts. The rationale to support avoidance and minimization efforts include the following:
-Avoidance of the remaining 1,927 LF of streams on -site.
-Avoidance of the remaining 0.13 acre of wetlands on -site.
-Erosion control measures implemented during the construction of the site will be removed immediately following the activities and any disturbance will
be returned to pre -construction conditions.
-The proposed future ROW is to be dedicated/reserved based on coordination with Charlotte DOT. Future build -out is not associated with this proposed
subdivision and no impacts will be made at this time.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Stormwater facilities are sized and positioned to minimize impacts to the greatest extents practicable. Temporary erosion control measures, including but
not limited to skimmer basins and silt fence, will be implemented to minimize sediment laden runoff from exiting the 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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Upper Rocky Umbrella Mitigation Bank and RES Yadkin 05 Umbrella Mitigation Bank
L

3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity
Stream 230
Riparian wetland 0.26
3c. Comments
Compensatory mitigation will be met by the purchase of credits through two private banks: the Upper Rocky Umbrella Mitigation Bank and the RES
Yadkin 05 Umbrella Mitigation Bank. Based on an NCSAM assessment of Low for perennial stream S2, mitigation is proposed at a 1:1 ratio for impacts
to this feature, or 230 stream mitigation credits. Based on an NCWAM assessment of Low for wetlands W2 and W3, mitigation is proposed at a 1:1 ratio
for impacts to these features, or 0.26 wetland mitigation credits. In total, 230 stream mitigation credits and 0.26 wetland mitigation credits will be
purchased to offset impacts associated with this project. Quality assessment results and Statement of Availability are included
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:
This project does not include nor is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules.
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 SMP is currently under review with the City of Charlotte.
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.
No additional or cumulative impacts are anticipated due to the construction of the proposed 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.
Wastewater generated from each lot will be collected and routed to the onsite gravity sewer system that consists of 6" PVC piping and 4' manholes. The
onsite gravity sewer systems tie into an existing sanitary sewer system on John Adams Road that then runs parallel to the existing stream. The
wastewater will be treated at the Mallard Creek Wastewater Treatment Plan (NDPES Permit #NC0030210).
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?
A review of the North Carolina Natural Heritage Program (NCNHP) database on February 7, 2024, did not indicate known occurrences of threatened or
endangered species within the project boundary. Potentially suitable habitat for threatened and endangered plant species on -site was surveyed. A
concurrence request was submitted to USFWS on February 16, 2024. At the time of this submittal, a response from USFWS has not been received. A
copy of the USFWS request 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?
NCNHP element occurrence database did not indicate the presence of EFH within the project boundary.
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?"
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on February 7, 2024. No documented
architectural or historical sites of significance within the project boundary were identified.
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?
FIRM Panel 3710458800K
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
_20240314_Kairoi University_NWP 29 & PJD.pdf 27.84MB
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:
Taylor Kiker
Signature
��
Date
3/14/2024
0