20240467 Ver 1_ePCN Application_20240321

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# *
20240467
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:
Mallard Creek Townhomes
la. Who is the Primary Contact?*
D. David Homans
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
3/21/2024
Nearest Body of Water
Mallard Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.335102-80.771215
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
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. Nani on recorded deed:
Appaloosa Real Estate Partners
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Joshua Wilkes
2d.Address
Street Address
1515 Mockingbird Lane Suite 7109
Address Line 2
city
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28211
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
D. David Homans
4b. Business Name:
4c. Address
Street Address
2016 Ayrsley Town Blvd Suite 2A
Address Line 2
City
Charlotte
Postal / Zip Code
28273
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:
04715208,04715206,04715205,04715204
2c. Project Address
Street Address
9828 Mallard Creek Rd
Address Line 2
City
Charlotte
Postal / Zip Code
28262
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
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
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
10.95
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 the project area is made up of single family residences, well managed turf lawns, and urban forested areas. The property is bordered by single-family residential properties to the north
and east, a church and a multifamily townhome development currently under construction to the south, and Mallard Creek Elementary School to the West. The general vicinity is
dominated by single family and multi -family residential properties and large commercial office developments.
a

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:
0.012 wetland (0.312 acres open water)
4g. List the total estimated linear feet of all existing streams on the property:
1,023
4h. Explain the purpose of the proposed project:*
The proposed project will convert four existing residential properties into property into 132 townhome units in the rapidly growing university area of northeastern Charlotte. This
densification is necessary to help alleviate the housing crisis currently occurring in Charlotte and the surrounding region. SEE ATTACHED COVER LETTER
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project will involve the construction of 30 buildings comprising 132 individual townhome units. In addition to site grading and building construction, the proposed project will
involve the construction of two public streets and private alleys, parking construction, construction of storm water drains and underground storm water retention, and sanitary sewer
installation. Permanent impacts to the onsite pond and stream are necessary to allow for the construction of drives that allow the required ingress and egress, appropriate grading to tie
into existing slopes, as well as to allow for the construction of the number of building units necessary to make the project site economically viable. Standard construction equipment will be
used. SEE ATTACHED COVER LETTER
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-2022-01134
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): D. David Homans
Agency/Consultant Company: S&ME Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Preliminary Jurisdictional Determination issued by Crystal Amschler on July 21, 2022. SEE APPENDIX III
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?
All development actions for this project, including roadways and utilities, are included under this PCN.
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
3. Stream Impacts
6
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Fill for grading / roadways
building pads
ff
Fill
Stream S1 �Intet::Joth
nverege (feet)
253
(iinearfeet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
253
31. Total stream and ditch impacts:
253
31. Total temporary stream impacts:
0

3j. Comments:
SEE ATTACHED COVER LETTER Stream fill calculated at 0.016 acres (average width = 2.79 feet).
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
breachingGrading r fill and pond
4b. Impact type
P
4c. Name of waterbody
Open Water OW1
4d. Activity type :114e.
Fill
Waterbody type
Pond
4f. Impact area
0.16
Temporary equipment
T
Open Water OW1
Other
t-
4g.
Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.03 0.16
4g. Total open water impacts:
0.19
4h. Comments:
SEE ATTACHED COVER LETTER. The remainder of OW1 will be allowed to re-establish and vegetate as wetland.
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:
The project has been designed to minimize impacts to jurisdictional waters to the maximum extent possible while still maximizing the number of housing
units generated and fitting the required access road infrastructure and safely tying in the proposed grades to original slopes. During the project design
process, site layout and building and driveway orientation were revised to maximize the extent of Open Water OW1 that would remain undisturbed. The
outlet breach of location of DWI was also modified to allow for continuity of flow into Stream S2. Slope grading impacting Stream S1 is the minimum
necessary to safely tie into existing slopes. Underground stormwater detention was designed to ensure that no net additional impervious surface area
would be directed to Open Water OW1 and that jurisdictional feature would not be used for stormwater treatment.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
During construction, appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" will be used to minimize impacts to downstream receiving waters. Appropriate dewatering
structures, pumps, and pump -around features will be used so that work within Open Water 1 is conducted "in the dry".
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:
Though open water impacts associated with this project exceed the 0.1 acre threshold typically established for wetland impact mitigation, based on previous discussions with the Charlotte
Regional office of the USACE, mitigation cannot be requested for open water impacts. Unavoidable loss of stream bed associated with this project is 0.016 acres, which falls below the
0.020 acre threshold established by the regional conditions of NWP 29 for typically requiring mitigation. As such, no compensatory stream mitigation is proposed for this project.
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 project is in the Yadkin -Pee Dee watershed, which does not contain NC protected buffers.
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 11 NSW USMP Water Supply
O
a

Please identify which local government stormwater program you are using.
City of Charlotte
Comments:
Stormwater management plan has been approved by 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.
The project is entirely self contained and surrounded by existing residential development, with no opportunity for future phases. On site areas not
proposed for development have been dedicated for preservation.
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.
Sanitary sewer service for the project area will tie into existing Charlotte Water sewer mains along Mallard Creek Road and will be treated at the Mallard
Creek Water Reclamation Facility (WRF). Charlotte Water has approved the necessary wastewater designs for this project.
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?
See Protected Species Assessment and USFWS concurrence, APPENDIX IV
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?
https:/Iwww.habitat.noaa.gov/apps/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?
NC State Historic Preservation Office (NC SHPO) HPOWEB online mapping tool
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 National Flood Hazard Layer (NFHL) for Mecklenburg County, SEE FIGURE 2
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
MallardCrTownhomesPCNCoverLetter.pdf 31.3MB
File must be PDF or KMZ
Comments
SEE ATTACHED COVER LETTER FOR FURTHER DISCUSSION / RESOURCES.
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:
D. David Homans
Signature
Z��Iov�
Date
3/21 /2024
O