20240503 Ver 1_ePCN Application_20240329

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# *
20240503
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:
The Grove at Anderson
la. Who is the Primary Contact?*
Thaddeus Pecorak
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
3/29/2024
Nearest Body of Water
Mountain Creek
Basin
Yadkin-PeeDee
Water Classification
Ws -IV
Site Coordinates
Latitude: Longitude:
35.3546-80.1551
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Stanly
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
fig. 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:
South Central Oil Cc
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
13815 Cinnabar Place
Address Line 2
City
Huntsville
Postal / Zip Code
28078
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:
Thaddeus Pecorak
3b. Business Name:
Horlak, LLC
3c.Address
Street Address
13815 Cinnabar Place
Address Line 2
City
State / Province / Region
Huntsville
NC
Postal / Zip Code
Country
28078
United States
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Eric Prunchak
4b. Business Name:
LaBelle Associates
4c.Address
Street Address
400 Tryon Street
Address Line 2
Suite 1300
city
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28285
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:
Albemarle
2. Project Identification
2a. Property Identification Number: 2b. Property size:
57
2c. Project Address
Street Address
Address Line 2
city State / Province / Region
Postal / Zip Code Country
3. Surface Waters
Q

3a. Name of the nearest body of water to proposed project:"
Mountain Creek
3b. Water Resources Classification of nearest receiving water:"
WS-IV
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.
030401040201
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 project area consists of forested and agricultural land. Surrounding areas consist of agricultural land and residential development.
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:
0.57
4g. List the total estimated linear feet of all existing streams on the property:
3,859
4h. Explain the purpose of the proposed project:*
To provide housing for residents of Albemarle, NC.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
A portion of perennial Stream A will be permanently impacted for one road crossing. Impact #1 will occur in the northern half of the site. The stream will be culverted with a bottomless box
culvert. Culvert headwalls will be constructed to reduce erosion and seepage into the stream and stabilize the area. Using a bottomless culvert will allow for the stream's flow to continue
beneath the access road and to continue a hydrological connection to the non -impacted stream and wetlands on -site. A portion of PEM Wetland F will be permanently impacted for
residential lots and an associated roadway.
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-2021-01861
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: LaBella Associates
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
6. Future Project Plans
6a. Is this a phased project?*
Yes U No
6b. If yes, explain.
The project is Phase 1 of a two-phase residential development.
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
2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W.
2d. W. name
2e. Forested"
2f. Type of Jurisdicition"
(?)
2g. Impact
area
Fill
P
Unknown
__]
Wetland F
E��]Botl
0.080
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.080
2i. Comments:
Impacts are to Palustrine Emergent Wetland
3. Stream Impacts
2g. Total Permanent Wetland Impact
0,080
❑
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
Culvert
Permanent
Culvert
Stream A
Perennial
Both
5
Averege (feet)
130
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
130
3i. Total stream and ditch impacts:
130
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The Project will avoid permanent and temporary stream impacts to approximately 2,510 linear feet of a perennial stream channel, 1,219 linear feet of
intermittent stream channels, and 153 linear feet of ephemeral stream channels. The Project will also avoid permanent and temporary wetland impacts
to 0.25 acres of PEM wetlands and 0.24 acres of palustrine unconsolidated bottom (PuB) wetlands. The avoidance of these features was achieved by
locating the majority of the residential development in the northwestern portion of the project area to avoid the major wetland and stream areas within the
Study Area limits. Additionally, the stream crossing, which is classified as a permanent impact to Stream A will be box culverted to allow the stream to
have continuous flow following the development of the access road, which is perpendicular to Stream A to reduce the impact footprint to the greatest
extent possible. Community entrances have been limited to one to avoid multiple stream crossings.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All appropriate Soil and Erosion Control (ESC) measures and Best Management Practices (BMPs) will be installed and utilized per the Project
Stormwater Pollution Prevention Plan (SWPPP).
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 impacts associated with this project are beneath the thresholds to require mitigation.
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 not located in a watershed with Riparian Buffer Protections.
2. Stormwater Management Plan
10

2a. Is this a NC DOT 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
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
Erosion and Sediment Control Plan is included in Exhibit 2 - Project Plans.
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.
While this project will include a second phase, the majority of open land available to be developed in the second phase is upland. The second phase will
be able to avoid major impacts that could affect downstream water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
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?
North Carolina Wildlife Resources and United States Fish and Wildlife Service
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 Fisheries 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?
NC National Register
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)
Miscellaneous
O
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
Grove at Anderson PCN Package Final Reduced.pdf 76.82MB
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:
Juliana Barbaccia
Signature
074"rtm.FatAsctr c
Date
3/29/2024
L