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Home My WebLink About19001_Caroline Courtyard_Receptor Survey_20150804General Instructions 1. 2. 3. Site:Caroline Courtyard, LLC Address:North Generals Boulevard City:Lincolnton County:Lincoln Section 1 - Property Characteristics Vacated property since 1917 Section 2 - Surrounding Properties X North X South X East X West % of property that is scrub/shrub % of property that is open land 24 100 0 0 0 0 0 0 0 6 24 0 0 Proposed Zoning/Land Use P-B (Planned Business) GMC (General Manufacturing, Commercial) GMC (General Manufacturing, Commercial) P-B (Planned Business) P-B (Planned Business) GMC (General Manufacturing, Commercial) GMC (General Manufacturing, Commercial) % of property that is wooded Size of Property (acres)9.824 9.824 46 % of property that is grass area % of property that is agricultural crops % of property that is barren Applicable to Site (DENR Use Only) Direction from Subject Brownfield Property Current Zoning/Land Use P-B (Planned Business) % of property that is used for high density residential including paved areas BROWNFIELDS AREA RECONNAISSANCE AND RECEPTOR SURVEY GUIDANCE FORM Provide Information for the following potential receptors Current Usage Proposed Usage This form was created to facilitate the preparation of a receptor survey for a given brownfield property. This is a guidance document only, and Prospective Developers may complete and submit their own receptor survey, if they desire. Any receptor survey submitted must be completed by a qualified environmental professional. Complete "Property Characteristics" Section and all portions of other sections where an "X" has been placed in the far left column under “Applicable to Site,” as determined by the DENR Brownfields Project Manager on a site specific basis. CAROLINE COURTYARD, LLC The search-radius distances to potential receptors from the Property boundary will be determined by the DENR Brownfields Project Manager on a site by site basis. Search-radius distances are measured from the site Property Boundary unless otherwise indicated by the DENR Brownfield’s Project Manager. Page 1 of 5 Section 3 - Potential Receptors - include burial depth, construction material and diameter, when available. Distance Direction Depth X Is a basement or subsurface foundation within 500 ft. of the Property boundary? Y 5/2/2015 4/6/2015, Lincoln County Tax Office 42 feet from property line to Point C Bearing North, 67 degrees, 31 minutes, and 26 seconds East 3 feet to bottom elevation of crawlspace X Is a school or daycare center within 1000 ft. of the Property boundary? N 4/11/2015 4/24/2015 5/2/2015 3/1/2015, Lincoln County GIS Database NA NA NA X Is a storm sewer within 500 ft. of the Property boundary? Response: stormwater pipe is 48 inches in diameter, composed of corrugated metal, and 4 feet below ground surface. Y 5/2/2015 6/27/2015 No record repository located 13 feet from property line CD Bearing North, 76 degrees, 22 minutes, and 49 seconds East 5 feet below ground surface X Is a sanitary sewer within 500 ft. of the Property boundary? Response: the effluent pipe from 'MANHOLE SOUTHEAST' manhole is 16 inches in diameter, composed of vitrified clay, and has an invert of 7.1 feet below ground surface. Y 4/11/2015 4/24/2015 No record repository located On property boundary - please reference Map 3.4 NA-please reference the point of 'MANHOLE SOUTHEAST' on Map 3.4 7.1 feet below ground surface X Is a septic system leach field within 500 ft. of the Property boundary? N 4/11/2015 5/2/2015 4/14/2015 Lincoln County DEH NA NA NA X Is a water line main within 500 ft. of Property boundary?Y 5/2/2015 6/27/2015 No record repository located 127 feet from property line AB Bearing South, 74 degrees, 59 minutes, and 18 seconds West Depth varies, but average depth is 3 feet X Is a natural gas line main within 500 ft. of the Property boundary?Y 5/2/2015 6/27/2015 No records provided by Owner / Operator 127 feet from property line AB Bearing South, 74 degrees, 47 minutes, and 17 seconds West Depth varies, but average depth is 3 feet Complete and attach map as appropriate* (Please see Note 3.0) Y/N Date Verified Applicable to Site (DENR Use Only) Provide Information for the following potential receptors Field Verified Page 2 of 5 X Is a buried telephone/ cable main within 500 ft. of the Property boundary? Y 5/2/2015 6/27/2015 No records provided by Owner / Operator 61 feet from property line AB Bearing South, 74 degrees, 59 minutes, and 18 seconds West Depth varies, but average depth is 3 feet X Is a buried electrical cable main within 500 ft. of Property boundary? Y 5/2/2015 6/27/2015 No records provided by Owner / Operator 248 feet from property line FA Bearing South, 15 degrees, 3 minutes, and 4 seconds East Depth varies, but average depth is 2 feet Section 4 - Local Water Supply Public:Yes Private: Potable Water Supplier Name: Potable Water Supply Source: Distance:2.07 miles Direction: Potable Water Source Intake: Distance:2.58 miles Direction: Section 5 - Water Supply Wells Distance Direction Depth X Is a public water supply well within 750 ft. of the Property boundary? N 4/11/2015 5/2/2015 5/11/2015 NCDENR Groundwater Protection Unit Database NA NA NA X Is a private water supply well within 750 ft. of the Property boundary? N 4/11/2015 5/2/2015 4/14/2015 Lincoln County DEH NA NA NA X Is a irrigation supply well within 750 ft. of the Property boundary?N 4/11/2015 5/2/2015 4/14/2015 Lincoln County DEH NA NA NA Provide Information for the following potential receptors Y/N West-southwestern No City of Lincolnton, NC (PWSID# 01-55-010) South Fork Catawba River (Sub-Basin 03-02) Northwestern Direct stream Complete and attach map as appropriate* (Please see Note 5.0) Applicable to Site (DENR Use Only) Field Verified Date Verified Note 3.0 - For referencing property distance, the first letter represents the first node of origin. The second letter represents the node in which one travels towards. For example, if the property line of reference is AB, one starts at the 'A' node and travels along the property boundary towards the 'B' node. Page 3 of 5 X Is a monitoring well within 750 ft. of the Property boundary?Y 4/11/2015 4/24/2015 6/27/2015 12/15/14 GE Phase II EA Report 2 feet from Monitoring Well #11 to property line FA Bearing South, 15 degrees, 3 minutes, and 4 seconds East Well depth is 41 feet Section 6 - Water Bodies on Property X Is water body naturally developed or man made? What is the name of the water body? X List the uses of the water body. Will the water body be accessible to residents? X What is the source of the water for the water body? X What is the nature of the bottom of the water body (e.g., rocky or concrete bottom, drainage ways or impoundments)? X Are there any wetlands present on the property? Section 7 - Off-Site Surface Water Body Distance Direction Depth X Are there surface waters located within 500 ft. of the Property boundary? Y Walker Branch Water Supply IV Vertical depth is 11 feet; from top of bank to streambed. Additional water bodies, if needed Comment: No other surface water bodies exist NA NA NA NA No water bodies (natural or man-made) exist on the property Not applicable Not applicable Not applicable No - please reference Section 6.5, the U.S. Army Corps of Engineers Notification of Jurisdictional Determination for Caroline Courtyard. Walker Branch serves as the southern boundary of the Caroline Courtyard Property NA Note 5.0 - For referencing property distance, the first letter represents the first node of origin. The second letter represents the node in which one travels towards. For example, if the property line of reference is AB, one starts at the 'A' node and travels along the property boundary towards the 'B' node. Applicable to Site (DENR Use Only) Provide Information for the following potential receptors Comments Applicable to Site (DENR Use Only) Provide Information for the following potential receptors Y/N Name Type Complete and attach map as appropriate Page 4 of 5 Section 8 - Additional Requests/ Observations X What is the direction of groundwater flow beneath the site? (attach data and map) X What is the distance to the off- site, up gradient contaminant source area? X Are there multiple source areas on the up gradient property? X What was the last date at which contaminants could have been released from the up gradient source? 1) General Marble - 1997 2) Textile Pieces Dyeing - 1993 Groundwater flows in a southern direction across the site and into Walker Branch, which serves as the southern border of the property. Two off-site, up gradient contaminant sources have impacted the Caroline Courtyard property. 1) General Mable = 400 feet East-northeastern 2) Textile Pieces Dyeing = 700 feet South-southwestern 1) General Marble - Yes, Cabinet Building #1 and Mill Building #2 2) Textile Pieces Dyeing - Yes, Scour Tank and Scour Range locations Applicable to Site (DENR Use Only) Provide Information for the following potential receptors Comments Page 5 of 5 Section 3: Potential Receptors (Within 500 feet of Property Boundary)  Section 3.1 – Basement and Subsurface Foundation Map  Section 3.2 – Not Applicable  Section 3.3 – Storm Sewer Map  Section 3.4 – Sanitary Sewer Map  Section 3.5 – Not Applicable  Section 3.6 – Water Main Line Map  Section 3.7 – Natural Gas Main Line Map  Section 3.8 – Buried Telephone/Cable Main Map  Section 3.9 – Buried Electrical Cable Main Map Section 5: Water Supply Wells (Within 750 feet of Property Boundary)  Section 5.1 – Not Applicable  Section 5.2 – Not Applicable  Section 5.3 – Not Applicable  Section 5.4 – Monitoring Well Map Section 6: Water Bodies on Property  Section 6.1 – Not Applicable  Section 6.2 – Not Applicable  Section 6.3 – Not Applicable  Section 6.4 – Not Applicable  Section 6.5 – Wetland Determination for Caroline Courtyard 1 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action I.D.: SAW-2015-00112 County: Lincoln U.S.G.S. Quad: NC-LINCOLNTON EAST NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Linda Hoyle, Julius & Karen Barkley Address: 628 Hoyle St. Lincolnton, North Carolina 28092 Telephone No.: 704-530-3996, 704-718-3573 Property description: Size (acres): 9.77 Nearest Town: Lincolnton Nearest Waterway: Walker Branch River Basin: Santee Coordinates: 35.485997, -81.244564 Hydrologic Unit Code: 3050102 Location Description: The site is located North General Blvd. Lincolnton, Lincoln county, NC Coordinates: 35.485997, -81.244564 Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be waters and wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 2 Action Id.: SAW-2015-00112 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980. C. Basis For Determination The site does not contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. There are no stream channels on the property D. Remarks: No “Waters of the US” E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days of the issue date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: __William Elliott________________________________________ Issue Date: January 16 , 2015 Expiration Date: January 15, 2020 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://per2.nwp.usace.army.mil/survey.html to complete the survey online. CF: Bradley S. Luckey, PO Box 128, Kernersville, NC 27285, Julius & Karen Barkley 2598 Ashbourne Dr. Gastonia, NC 28056 3 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Linda Hoyle, Julius & Karen Barkley File Number: SAW-2015- 00112 Date: January 16 , 2015 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. 4 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: William Elliott, Project Manager USACE, Asheville Regulatory Field Office 151 Patton Ave RM 208 Asheville, NC 28806 828-271-7980 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. _______________________________ Signature of appellant or agent. Date: Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Section 7: Off-Site Surface Water Body  Section 7.1 – Surface Water Map of Walker Branch Section 8: Additional Requests/Observations  Section 8.1 – Groundwater Flow Direction Map and Data