20240686 Ver 1_ePCN Application_20240510

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# *
20240686 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:
Garrison Road Site
la. Who is the Primary Contact?*
Taylor Kiker
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
5/10/2024
Nearest Body of Water
Beaverdam Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
Longitude:
35.187721
-80.978408
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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:
TM BTR of Carolinas, LLC
2b. Deed book and page no.:
38160/175, 38160/181, 38160/023, 38160/029, 38160/033, 38161/268, 38161/258, 38478/454
2c. Contact Person:
David Hunter
2d.Address
Street Address
11405 N COMMUNITY HOUSE RD
Address Line 2
city
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28277
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Taylor Kiker
4b. Business Name:
Kimley-Horn and Associates
4c. Address
Street Address
200 South Tryon Street
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. Proiect Identification
2a. Property Identification Number:
14114202, 14114203, 14114204, 1411410 1,
14114104,14114106,14114108,14114109,
14114110, 14114111, 14114112, & 14114114
2c. Project Address
Street Address
Address Line 2
city
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Beaverdam Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011406
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
50.6
State / Province / Region
Country
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 Garrison Road Site is a proposed residential development situated on an approximately 50.59-acre parcel,
located west of Garrison Road and east of Dixie River Road in Charlotte, Mecklenburg County, NC. The subject
property is currently comprised of undeveloped forested land, agricultural land, single-family residences,
Beaverdam Creek, and one dirt road. The subject property is bound by undeveloped forested land and single-family
residences in all directions.

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:
0.03
4g. List the total estimated linear feet of all existing streams on the property:
1,379
4h. Explain the purpose of the proposed project:*
The project proposes the construction of a residential development, on -site roadway, utilities, and stormwater facilities
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project seeks to construct a residential development including access roads, utilities, and stormwater management facilities. The project seeks authorization under NWP #29
for stream and wetland impacts associated with grading activities necessary to construct the proposed residential development. The proposed project will result in a total of 531 LF/0.044-
acre of permanent stream impacts and 0.03-acre of permanent wetland impacts. General construction equipment includes but is not limited to, bulldozers, excavators, front-end loaders,
etc. 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:
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-2023-01409
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Doug Fox and Gabby Barajas
Agency/Consultant Company: Kimley-Horn and Associates, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
October 27, 2023
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
2a1 Reason
2b. Impact type* M
2c. Type of W.
2d. W. name
2e. Forested* ��2f.
Type of Jurisdicit[
M
2g. Impact
area
W1
Fill
P
land Hardwood Forest
ffom
Wetland 3
Yes
Both
0.030
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.030
2g. Total Permanent Wetland Impact
0.030
2i. Comments:
Impact 3 - Wetland 1
- 0.03-acre of permanent wetland impacts to Wetland 1 results from grading activities necessary to construct the proposed development.

3. Stream Impacts
S1
3a. Reason for impact (')
Grading
3b.lmpact type"
Permanent
3c. Type of impact*
Fill Jtream
3d. S. name*
3e. Stream Type*
(?)
Intermittent
3f. Type of
Jurisdiction*
Both
3g. S. width
Aveage (feet)
3h. Impact
liength*
315
(linear feet)
S2
Grading
Permanent
Fill
Stream 3
Intermittent
Both
Average (feet)
216
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
531
3i. Total stream and ditch impacts:
531
3i. Total temporary stream impacts:
0
3j. Comments:
The project seeks authorization under NWP #29 for stream associated with grading activities necessary to construct the proposed residential
development. The proposed project will result in a total of 531 LF/0.044-acre of permanent stream impacts.
Impact 1 - Stream 2
- 315 LF/0.028-acre of permanent impacts to Stream 2 associated with grading necessary to construct the proposed development.
Impact 2 - Stream 3
- 216 LF/0.016-acre of permanent impacts to Stream 3 associated with grading necessary to construct the proposed development.
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 848 LF of streams on -site.
Approximately 12 LF of impacts to Stream 2 will be avoided through the construction of a 28 ft tall retaining wall.
- Approximately 12 LF of impacts to Stream 3 will be avoided through the construction of an 18 ft tall retaining wall.
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):
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:
WLS Catawba 01 UMB - Starker
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 965.69
3c. Comments
The Statement of Availability is attached.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
O

4b. Stream mitigation requested:
(linear feet)
49
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
Compensatory mitigation will be met by the purchase of credits through the WLS Catawba 01 UMB — Starker Bank and the NC Division of Mitigation
Services (NCDMS) in -lieu fee program. Based on an NCSAM assessment of Medium for Stream 2 and Stream 3, mitigation is proposed at a 2:1 ratio for
permanent impacts to these features associated with the grading necessary to construct the residential development. In total, 1,062 stream mitigation
credits will be purchased to offset impacts associated with this project. A Statement of Availability from the WLS Catawba 01 UMB — Starker Bank and
NCDMS are included along with Quality Assessment Results.
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:
The project does not include nor is 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
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:
This project is using the Mecklenburg County stormwater program.
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 development is not anticipated to result in future development that would affect downstream water quality.

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 the site will be collected and routed using the proposed sanitary sewer gravity network. The proposed sewer system falls to
an existing sanitary sewer main located on along the eastern bank of Beaverdam Creek.
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 January 29, 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 response from USFWS was received on March 13, 2023, indicating that the USFWS was in agreeance with the "may affect, not likely to
adversely affect" (MANLAA) biological conclusion for the plant species Schweinitz's sunflower (Helianthus schweinitzii), Michaux's sumac (Rhus
michauxii), and smooth coneflower (Echinacea laevigata). A copy of the USFWS correspondence 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 March 5, 2024. No architectural, cultural,
or historic resources were identified within the site boundary. A request letter was submitted to SHPO to determine the presence of architectural, cultural,
or historic resources on March 5, 2024. SHPO responded on April 3, 2024, with no comments. A copy of the response is included.
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:
No construction associated with the proposed development will occur in the FEMA 100-year floodplain.
8c. What source(s) did you use to make the floodplain determination?
FIRM Panel4502
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
_2024_05_10_TM_Garrison_Rd_Site_PCN_FINAL_ pdf 4.67MB
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
5/10/2024
M