20200186 Ver 2_401 Application_20200215

Pre-Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 11, 2020 Ver 3.1
1a. Name of proje ct:
1a. Who is the Primary Contact?
1b. Primary Contact Email:1c. Primary Contact Phone :
Site Coordinates
Latitude :Longitude :
County (or Countie s) where the proje ct is locate d:
Ne are st Body of Wate r
Is this a NCDM S Proje ct *
Is this project a public transportation project?
1a. Type (s) of approv al sought from the Corps:
1b. What type (s) of pe rmit(s) do you wish to se e k authorization?
1c. Has the NWP or GP numbe r be e n v e rifie d by the Corps?
Nationwide Pe rmit (NWP) Numbe r:
NWP Numbe rs (for multiple NWPS):
1d. Type (s) of approv al sought from the DWR:
1e . Is this notification sole ly for the re cord be cause writte n approv al is not re quire d?
For the re cord only for DWR 401 Ce rtification:
For the re cord only for Corps Pe rmit:
1f. Is this an afte r-the -fact pe rmit application?
1g. Is payme nt into a mitigation bank or in-lie u fe e program propose d for mitigation of impacts?
Apple Creek Corporate Park
Donny Hicks, Executive Director
[e-mail] [phone]
35.309529 -81.225892
A. Processing Information
Gaston
Yes No
Yes No
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
Yes No
14 - Linear transportation
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual Permit
Yes No
Yes No
Yes No
Acce ptance Le tte r Attachme nt
1h. Is the proje ct locate d in any of NC's twe nty coastal countie s?
1j. Is the proje ct locate d in a de signate d trout wate rshe d?
1d. Who is applying for the pe rmit?
1e . Is the re an Age nt/Consultant for this proje ct?*
2. Owner Information
4. Agent/Consultant (if applicable)
Yes No
Apple Creek Corporate Center DMS Acceptance Aug20.pdf 363KB
Yes No
Yes No
B. Applicant Information
Owner Applicant (other than
owner)
Yes No
2a. Name (s) on re corde d de e d:
2b. De e d book and page no.:
2c. Re sponsible party:
2d. Addre ss
2e . Te le phone Numbe r:2f. Fax Numbe r:
2g. Email Addre ss:*
Gaston County EDC
Donny Hicks, Executive Director
City
Belmont
State / Province / Region
NC
Postal / Zip Code
28012
Country
USA
Street Address
620 N Main St
Address Line 2
[phone]
[e-mail]
4a. Name :
4b. Business Name :
4c. Addre ss
4d. Te le phone Numbe r:4e . Fax Numbe r:
4f. Email Addre ss:*
Age nt Authorization Le tter *
Michael A. Iagnocco, PWS
City
Charlotte
State / Province / Region
NC
Postal / Zip Code
28202
Country
USA
Street Address
900 W Trade St
Address Line 2
[phone] [phone]
[e-mail]
AgentAuthAll_Signatures_PrintToPDF.pdf 245.19KB
C. Project I nformation and Prior Project History
1. Project Information
1b. Subdivision name :
1c. Ne are st municipality / town:
2a. Prope rty Identification Numbe r:
2b. Prope rty size :
2c. Proje ct Addre ss
3. Surface Waters
3a. Name of the ne are st body of wate r to propose d proje ct:
3b. Wate r Re source s Classification of ne are st re ce iv ing wate r:*
3d. Ple ase prov ide the 12-digit HUC in which the proje ct is locate d.
3c. What riv e r basin(s) is your proje ct locate d in?*
4. Project Description and History
4a. De scribe the e xisting conditions on the site and the ge ne ral land use in the v icinity of the proje ct at the time of this application:*
4b. Hav e Corps pe rmits or DWR ce rtifications be e n obtained for this project (including all prior phase s) in the past?*
4c. If ye s, ple ase giv e the DWR Ce rtification numbe r or the Corps Action ID (e xp. SAW-0000-00000).
Proje ct History Upload
4d. Attach an 8 1/2 X 11 e xce rpt from the most re ce nt v e rsion of the USGS topographic map indicating the location of the proje ct site . (for DWR)
4e . Attach an 8 1/2 X 11 e xce rpt from the most re ce nt v e rsion of the publishe d County NRCS Soil Surv e y map de picting the proje ct site . (for DWR)
4f. List the total e stimate d acre age of all e xisting we tlands on the prope rty:
4g. List the total e stimate d line ar fe e t of all e xisting stre ams on the prope rty:
4h. Explain the purpose of the propose d proje ct:*
(if appropriate)
Dallas
2. Project Identification
170270, 170271, 170405, 170418, 170419,
170420, 170426, 170788, 170790, 170889,
213893, 300425, 300426, 300458, 300819,
300820 340
City
Dallas
State / Province / Region
NC
Postal / Zip Code
28034
Country
USA
Street Address
101 Apple Creek Dr
Address Line 2
Long Creek
C
030501020603
Catawba
The study area consists primarily of undeveloped mixed pine/hardwood forest, and maintained/disturbed scrub-shrub uplands in the northern portion of the site, and agricultural ponds,
wetlands and meadow areas in the southern portion of the site where the proposed activities will occur. Surface waters including intermittent and perennial streams are located
throughout the study area. These channelized features generally flow from north to south before draining to Long Creek, which extends along the southern boundary of the study area
and flows east to the South Fork Catawba River. Beaver activity in the southern portion of the site has created ponded condition in many areas along the streams and within the
wetlands. General land use in the vicinity includes residential, agricultural, commercial, institutional, undeveloped forest and disturbed/maintained right-of-way.
Yes No Unknown
The southern portion of the project study area was previously owned by Applewood Properties, LLC, and as part of a separate and independent project was the subject of a Nationwide
Permit (NWP) #39 (SAW-2003-30504) for the development of a golf course and associated driving range and clubhouse. The NWP #39 authorized the impact to 530 linear feet of
unnamed tributaries to Long Creek and 0.203 acre of wetland. Of the 530 linear feet of stream channel impacted, 385 linear feet was intermittent and determined to have “unimportant”
aquatic function. The development of the golf course was abandoned during the recession; it is our understanding that the permittee is deceased. The abandoned golf course property
was subsequently acquired by the Gaston County Economic Development Commission as part of the land acquisition to accommodate a road and the development of a future business
park.
AppleCreek_JD_Figure_1_TopographicMap.pdf 1.08MB
AppleCreek_JD_Figure_2_Soils.pdf 1.33MB
15.02
12,763
The Gaston County Economic Development Commission (EDC) proposes the construction of a new roadway and the associated development of the Apple Creek Corporate Park. The
Apple Creek Corporate Park will provide many needed assets to the residents and taxpayers of Gaston County. First and foremost, the project will provide a new thoroughfare
connecting NC Highway 279 and NC Highway 275 between White Jenkins Road and the 279/275 merger in Dallas. This road will remove nearly a mile and a quarter of excess travel
along NC 279 and just over a mile on NC 275 for traffic travelling between the two highways. This will also provide shortened response time for emergency personnel and first
responders to traverse the same distance. Please refer to the exhibit attached (Miscellaneous Attachments) prepared by Donny Hicks, Executive Director of the Gaston County EDC,
that describes the transportation and economic need for the new thoroughfare and associated business park.
4i. De scribe the ov e rall proje ct in de tail, including indirect impacts and the type of e quipme nt to be use d:*
4j. Ple ase upload proje ct drawings for the propose d proje ct.
5. Jurisdictional Determinations
5a. Hav e the we tlands or streams be e n de line ate d on the prope rty or propose d impact are as?*
Comme nts:
5b. If the Corps made a jurisdictional de te rmination, what type of de te rmination was made ?*
Corps AID Numbe r:
5c. If 5a is ye s, who de line ate d the jurisdictional are as?
Name (if known):
Age ncy/Consultant Company:
Othe r:
5d. List the date s of the Corp jurisdiction de te rmination or State de te rmination if a de te rmination was made by the Corps or DWR
5d1. Jurisdictional de te rmination upload
6. Future Project Plans
6a. Is this a phase d proje ct?*
Are any othe r NWP(s), re gional ge ne ral pe rmit(s), or indiv idual pe rmits(s) use d, or intende d to be use d, to authorize any part of the propose d project or re lated activ ity?
1. Impacts Summary
1a. Whe re are the impacts associate d with your proje ct? (che ck all that apply):
The project will provide a new thoroughfare connecting NC Highway 279 (Dallas Cherryville Highway) and NC Highway 275 (Dallas Bessemer City Highway) between White Jenkins Road
and the 279/275 merger in Dallas (See Exhibit WTL-1.00 and 1.01). The new thoroughfare to be called Applewood Road or Parkway will require the crossing of a stream and wetland,
and will produce both permanent and temporary impacts to both the stream and wetland and will be done under a NWP #14 (See Exhibit WTL-2.00). The stream crossing will use a
double barrel box culvert which will be installed in two phases, in dry conditions using a pump-around operation. Phase 1 culvert construction (See Exhibit WTL-2.01) will install the east
barrel of the culvert and Phase 2 (See Exhibit WTL-2.02) will install the west barrel of the culvert. The culvert cross section is depicted on Exhibit WTL-2.03. A riprap apron will be
placed at the culvert outlet. Details of the riprap apron are depicted on Exhibit WTL-2.07. The culvert and riprap apron will permanently impact 106 linear feet (0.024 acre) of Stream B.
Temporary impacts to Stream B resulting from the dewatering required for the culvert installation will total 39 linear feet (0.009 acre). The location of the culvert and crossing of the
stream was sited to minimize wetland impacts and facilitates the crossing of the wetlands at the narrowest portion of the stream/wetland complex. The wetlands in the vicinity of the
culvert are situated within FEMA Zone AE or the 100-year floodplain.
The roadway embankment will result in permanent impacts to Wetland D (See Exhibit WTL-2.00). The fill required to build the roadway embankment will impact approximately 9,476 sq.
ft. (0.22 acre) of wetland. Additional temporary impacts to Wetland D that will result from the roadway embankment will result from the hand clearing of vegetation that will be necessary
to install the erosion and sedimentation control fencing; approximately 518 sq. ft. (0.012 acre) of wetland will be temporarily impacted. Culvert placement at this location necessitates the
relocation of a sanitary sewer which will result in minor permanent and temporary impacts. The installation of the sewer line that will cross the stream will be performed in dry conditions
and will result in temporary impacts of 10 linear feet (See Exhibit WTL-2.00 and 2.04). The dewatering impacts to Stream B resulting from the culvert installation and sewer crossing
have a combined total of 49 linear feet (0.011 acre). The two proposed sanitary sewer manholes will result in minor permanent impacts of 200 square feet (100 square feet for each) to
the wetland (0.005 acre) and the temporary impacts of 0.04 acre to the wetland will result from the installation of the new sewer pipes followed by the regrading to the original contours
of the wetland (See Exhibit WTL-2.00 and 2.05). The road crossing of the wetland will employ an equalizer pipe (155 lf of 18” RCP with O-ring joints) to allow drainage to continue to the
downstream portions of the wetland. A pump-around operation will also be used upstream of the culvert for the removal of two pipes within the existing stream channel. Dewatering
impacts to Stream B resulting from the removal of the two pipes for on-site stream restoration will total 105 linear feet (0.019 acre). The pump around system details are shown in Exhibit
WTL-2.06. The pipes measure 24 linear feet and 32 linear feet for a total of 56 linear feet of newly daylighted/restored bed and bank as shown on Exhibit WTL-2.00. Stream channel
restoration details are depicted on Exhibit WTL-2.08 and stream channel restoration notes are depicted on Exhibit WTL-2.09.
Improvements to Dallas-Bessemer City Highway (NC 275) are also proposed in order to accommodate the new thoroughfare and will result in permanent and temporary impacts to
wetlands. Permanent impacts of 0.017 acre will result from the roadway embankment improvements and temporary impacts of 0.005 acre will result from the hand clearing of vegetation
necessary for the installation of the sediment and erosion control system (See Exhibit WTL-3.00).
The proposed stream and wetland impacts to be performed under the NWP #14 total 0.242 acre of permanent wetland fill impacts, 0.057 acre of temporary wetland impacts, 106 linear
feet of permanent stream impacts associated with culvert installation and 154 linear feet of temporary stream dewatering impacts for the road crossing and on-site stream restoration. In
conjunction with the construction of the new thoroughfare, the uplands of the site will be cleared and graded for the future business park development pads that will be located within the
areas that are identified as the limits of construction as depicted on Exhibits WTL-1.00 and 1.01. The limits of construction avoid the remaining jurisdictional wetlands and waters of the
site and no additional impacts to waters of the U.S. are anticipated for the project. Stormwater management plan facilities will accompany the grading plan and future build out of the
corporate park.
The mechanized equipment to be used for construction will include track hoes, back-hoes, bulldozers and grading equipment. Gaston EDC intends to market the business park and
development pads and corresponding stormwater management BMP’s will be finalized as businesses are recruited and the park is occupied.
Apple Ck-DRAFT Wetland Impact Exhibts-ALL WTL 1.00-3.00 _2020-01-23 final.pdf 6.91MB
Yes No Unknown
Preliminary Approved Not Verified Unknown N/A
SAW-2018-01904
Joshua Kotheimer, PWS
STV Engineers, Inc.
The Notification of Jurisdictional Determination was issued by the USACE on July 2, 2019 (SAW-2018-01904) and is attached.
SAW-2018-01904 AJD SIGNED.PDF 3.42MB
Yes No
No
D. Proposed Impacts Inventory
2. Wetland Impacts
2a. Site #*(?)2a1 Reason *(?)2b. Impact type *(?)2c. Type of W.*2d. W. name *2e . Fore ste d *2f. Type of
Jurisdicition *(?)
2g. Impact
are a *
2g. Total Te mporary We tland Impact 2g. Total Pe rmane nt We tland Impact
2g. Total We tland Impact
2h. Comme nts:
3. Stream Impacts
3a. Reason for impact *(?)3b.Impact type *3c. Type of impact *3d. S. name *3e . Stre am Type *
(?)
3f. Type of
Jurisdiction *
3g. S. width *3h. Impact
le ngth *
S1
S2
S3
S4
3i. Total jurisdictional ditch impact in square fe e t:
3i. Total pe rmane nt stre am impacts:3i. Total te mporary stre am impacts:
3i. Total stre am and ditch impacts:
3j. Comme nts:
1. Avoidance and Minimization
1a. Spe cifically de scribe me asure s take n to av oid or minimize the propose d impacts in de signing the proje ct:
Wetlands Streams-tributaries Buffers
Open Waters Pond Construction
W1 sewer manholes P Bottomland Hardwood Forest Wetland D Yes Both 0.005
(acres)
W2 sewer line T Bottomland Hardwood Forest Wetland D Yes Both 0.040
(acres)
W3 road embankment P Bottomland Hardwood Forest Wetland D Yes Both 0.220
(acres)
W4 hand clearing T Bottomland Hardwood Forest Wetland D Yes Both 0.012
(acres)
W5 road embankment P Bottomland Hardwood Forest Wetland D Yes Both 0.017
(acres)
W6 hand clearing T Bottomland Hardwood Forest Wetland D Yes Both 0.005
(acres)
0.057 0.242
0.299
Temporary impacts at Site 1 (W2 and W4) are associated with the installation of the proposed sanitary sewer line and the hand clearing of wetland
vegetation at the toe of the roadway embankment for the installation of sediment and erosion control (See Exhibit WTL-2.00). Temporary impacts at
Site 2 (W6) are associated with the hand clearing of wetland vegetation for the installation of sediment and erosion control. Permanent impacts at Site
1 (W1 and W3) are associated with the installation of the two sewer manholes and the fill from the roadway embankments, respectively. Permanent
impacts at Site 2 (W5) are associated with the fill from the NC 275 roadway embankment.
road crossing Permanent Culvert Stream B Perennial Both 10
Average (feet)
70
(linear feet)
road crossing Permanent Rip Rap Fill Stream B Perennial Both 10
Average (feet)
36
(linear feet)
road and sewer crossing Temporary Dewatering Stream B Perennial Both 10
Average (feet)
49
(linear feet)
stream restoration Temporary Dewatering Stream B Perennial Both 10
Average (feet)
105
(linear feet)
0
106 154
260
Permanent impacts to Stream B at Site 1 (S1 and S2) will result from the culvert installation and riprap apron. Temporary impacts to Stream B at Site 1
(S3) will result from the stream dewatering necessary to work in dry conditions for the culvert and riprap apron installation, as well as the proposed
removal of the two in-stream pipes for channel daylighting purposes and associated on-site stream restoration (S4); see Exhibit WTL-2.00.
E. Impact Justification and Mitigation
1b. Spe cifically de scribe me asure s take n to av oid or minimize the propose d impacts through construction te chnique s:
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Doe s the proje ct re quire Compe nsatory M itigation for impacts to Wate rs of the U.S. or Wate rs of the State ?
2c. If ye s, mitigation is re quire d by (che ck all that apply):
2d. If ye s, which mitigation option(s) will be use d for this proje ct?
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approv al le tte r from in-lie u fe e program is attache d.
4b. Stre am mitigation re que ste d:
4c. If using stre am mitigation, what is the stre am te mpe rature :
4d. Buffe r mitigation re que ste d (DWR only):
4e . Riparian we tland mitigation re que ste d:
4f. Non-riparian we tland mitigation re que ste d:4g. Coastal (tidal) we tland mitigation re que ste d:
4h. Comme nts
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the proje ct re sult in an impact within a prote cte d riparian buffe r that re quire s buffe r mitigation? If ye s, you must fill out this e ntire form - ple ase contact DWR for more
information.
1. Diffuse Flow Plan
1a. Doe s the proje ct include or is it adjace nt to prote cte d riparian buffers ide ntifie d within one of the NC Riparian Buffe r Prote ction Rule s?
If no, e xplain why:
2. Stormw ater Management Plan
2a. Is this a NCDOT proje ct subje ct to compliance with NCDOT’s Indiv idual NPDES pe rmit NCS000250?*
2b. Doe s this proje ct me e t the re quire me nts for low de nsity proje cts as de fine d in 15A NCAC 02H .1003(2)?
Comme nts:
The stream and wetland road crossing area was selected to cross the narrowest portion of the wetland in order to avoid and minimize impacts.
Wingwalls on the culvert inlet and outlet minimize the amount of grading impacts to the area and slopes are designed at 3:1 to minimize impacts. The
culvert will be buried at least 1 foot below the stream bed. Baffles are included in the structural design to contain normal flow conditions in a 6’ wide
channel in the western barrel of the box. Native material, excavated from the proposed culvert area, will be backfilled between the baffles to provide a
natural stream bed. Flow velocity is expected to increase slightly due to the proposed structure and 36’ of Class II riprap is required at the outlet as
energy dissipation; riprap will be embedded in the channel bottom. Dewatering of the stream will be done prior to construction activities.
Best Management Practices for Construction and Maintenance Activities will be employed. The limits of construction will be marked in the field and
areas outside of the limits of construction will be undisturbed. Erosion and sedimentation will primarily be handled through a combination of sediment
basins, sediment traps and skimmer basins in the initial stages of construction, and sediment basins once the storm drainage system has been
installed and as the site is brought to final grade. Smaller areas that cannot be diverted to the temporary basins will be captured with either single row
or double row silt fence, or silt fence with stone openings. As the storm drainage is installed, temporary inlet protection and silt sacks will be installed.
Matting will be installed on 3:1 or greater slopes.
Yes No
DWR Corps
Mitigation bank Payment to in-lieu fee
program
Permittee Responsible
Mitigation
Yes No
(linear feet)
106 warm
(square feet)
(acres)
0.242
(acres)(acres)
Additional on-site stream restoration work will be performed by the removal of two pipes from Stream B. The pipes measure 24 linear feet and 32
linear feet for an additional 56 linear feet of Stream B that will be daylighted and have restored bed and bank.
Yes No
F. Stormwater M anagement and Diffuse Flow Plan (required by DWR)
Yes No
The project is located in the Catawba River basin but not on the main stem of the Catawba River and is not subject to NC Riparian Buffer Protection Rules.
Yes No
Yes No
1. Environmental Documentation
1a. Doe s the proje ct inv olv e an e xpe nditure of public (fe de ral/state /local) funds or the use of public (fe de ral/state ) land?*
1b. If you answe re d “ye s” to the abov e , doe s the proje ct re quire pre paration of an e nv ironme ntal docume nt pursuant to the re quireme nts of the National or State (North Carolina)
Env ironme ntal Policy Act (NEPA/SEPA)?*
Comme nts:*
2. Violations (DWR Requirement)
2a. Is the site in v iolation of DWR Wate r Quality Ce rtification Rule s (15A NCAC 2H .0500), Isolate d We tland Rule s (15A NCAC 2H .1300), or DWR Surface Wate r or We tland Standards or
Riparian Buffe r Rule s (15A NCAC 2B .0200)?*
3. Cumulative Impacts (DWR Requirement)
3a. Will this proje ct re sult in additional de v e lopme nt, which could impact ne arby downstre am wate r quality?*
3b. If you answe re d “no,” prov ide a short narrativ e de scription.
The proposed roadway will have curb and gutter as per NCDOT standards. Stormwater from the roadway will collect in the gutters and will be directed to curb inlets. The inlets will collect
the runoff and convey the runoff through reinforced concrete pipes to stormwater management basins for treatment. The mass grading of the site, which will accompany the
construction of the thoroughfare, will be governed by a sediment and erosion control plan which will be approved by NCDEQ's Mooresville office. The proposed storm water
management master plan for the future business park will be accomplished by utilizing a combination of Best Management Practices (BMPs) to provide runoff quantity control (peak flow)
and water quality treatment (pollutant removal). Seven permanent BMPs are proposed for this project, which will all be wet ponds. The wet ponds will function both for water quality and
peak flow attenuation. The site’s proposed and estimated future impervious areas will be treated and detained by the proposed BMPs in accordance with the NCDEQ Stormwater Design
Manual. The future, 100% buildout impervious area is estimated to be 97.77 acres. The BMPs have also been sized to detain and treat each of the mass graded pads, assuming each
pad area will be built to 95% impervious. All proposed impervious area will be captured and treated by the wet pond BMPs. All onsite treated drainage will ultimately flow into Long Creek
and pass under Dallas Bessemer City Highway (NC-275). Stormwater management facilities will meet the requirements of Gaston County which has been granted delegated authority
from NCDEQ; the Storm Water Management Report/Erosion and Sedimentation Control Plan, is attached in the Miscellaneous section.
The permanent wet ponds will be contained on Property Owner Association (POA) property and utilize the common area detention/water treatment concept. The wet ponds have been
over-designed for maximum buildout of the contributing drainage area to accommodate any and all future contributing uses.
Stormwater control measures (SCMs) in the Apple Creek Corporate Park development have been designed to detain the 1 and 2-year, 24-hour storms to the predevelopment peak
flow. In addition, SCMs in the Apple Creek Corporate Park development have been designed to safely pass the 100-year, 24-hour storm.
The Stormwater Control Letter of Approval issued by the Gaston County Natural Resources Department, delegated Stormwater Phase II program, is attached in the Miscellaneous
section.
G. Supplementary Information
Yes No
Yes No
To determine whether the proposed project may be subject to SEPA/NEPA review requirements, Lynn Hardison, DEQ SEPA Coordinator was
contacted on April 23, 2020. Lynn directed the applicant to the current regulations and minimum criteria and provided the following information:
Pursuant to GS_113A-12: ‘…no environmental document shall be required in connection with: (2) an action approved under: i. A certification issued
by the Division of Water Resources of the Department of Environmental Quality under the authority granted to the Environmental Management
Commission by G.S. 143B-282(a)(1)4.’ As summarized by Lynn, since the project would be authorized by a Section 401 Water Quality Certification,
SEPA does not apply.
In addition, while the project is funded by the Gaston County Economic Development Commission and Gaston County, environmental impacts fall well
below the minimum criteria thresholds established by DWR including 500 linear feet of perennial channel and one acre of wetlands; the Apple Creek
Corporate Park project will permanently impact 106 linear feet of perennial stream and 0.242 acre of wetlands.
Yes No
Yes No
4. Sewage Disposal (DWR Requirement)
4a. Is se wage disposal re quire d by DWR for this proje ct?*
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this proje ct occur in or ne ar an are a with fe de rally prote cte d spe cie s or habitat?*
5b. Hav e you che cke d with the USFWS conce rning Endange re d Spe cie s Act impacts?*
5c. If ye s, indicate the USFWS Fie ld Office you hav e contacte d.
5d. Is anothe r Fe de ral age ncy inv olv e d?*
5e . Is this a DOT proje ct locate d within Div ision's 1-8?
5f. Will you cut any tre e s in orde r to conduct the work in wate rs of the U.S.?
5g. Doe s this proje ct inv olv e bridge mainte nance or re mov al?
Potential indirect and cumulative impacts (ICI) attributable to the construction and operation of the Apple Creek Corporate Park have been evaluated.
The corporate park will provide many needed assets to the residents and taxpayers of Gaston County. In conjunction with land development and
business recruitment opportunities, the business park will provide a new thoroughfare connecting Highway 279 and Highway 275 together between
White Jenkins Road and the 279/275 merger in Dallas. This road will remove nearly a mile and a quarter of excess travel along 279 and just over a
mile on 275 for traffic travelling between the two highways. This will also provide shortened response time for emergency personnel and first
responders to traverse the same distance.
Growth in the vicinity of the proposed corporate park is expected to continue whether the park is constructed or not. While business recruitment
activities will attempt to generate synergy within the park, it’s not anticipated that future park tenants will stimulate growth beyond the park boundaries.
The City of Cherryville and Gaston County have plans and ordinances in place to effectively manage growth and development, while protecting
natural resources within the project vicinity.
With the exception of the proposed stream crossing and associated utility relocations, the proposed construction limits for the future business park
have been established to avoid the jurisdictional wetlands and waters of the site as depicted on Exhibits WTL-1.00 and 1.01 . A master stormwater
management plan has been developed as part of the thoroughfare construction and associated mass grading efforts. The proposed storm water
management master plan for the future business park will be accomplished by utilizing a combination of Best Management Practices (BMPs) to provide
runoff quantity control (peak flow) and water quality treatment (pollutant removal). Seven permanent BMPs are proposed for this project, which will all
be wet ponds. Impacts to jurisdictional waters of the U.S. are not anticipated during the park build out effort. Stormwater management facilities will
meet the requirements of Gaston County which has been granted delegated authority from NCDEQ. The stormwater management plan which includes
the incorporation of permanent wet ponds will be an essential park element that will ensure the protection of downstream water quality. Current plans
do not call for building pads but rather gently sloped cleared lots with grass. Initially there are no drives and no paving outside of the parkway, and no
‘lot’ lines. Future building pads will be finalized as businesses are recruited and a Build to Suit tenant or client commits to buying the property from the
county for a project. At that time the process of platting the lot and getting all approvals and permits for construction on that lot will be defined for that
particular project.
Future buildout of the park will be governed by Gaston County and local ordinances as well as the Covenants and Restrictions of Apple Creek
Corporate Park and the Apple Creek Code Comparison documents which are attached in the Miscellaneous section. Several covenants and
restrictions are highlighted below, which will help minimize potential indirect and cumulative impacts associated with the buildout.
• The maximum building footprint coverage of all buildings, including accessory buildings but not including parking structures or surface parking, shall
not exceed 50 percent of the gross lot area. The maximum site coverage by building, parking lot, and all site circulation shall be limited to 75 percent
of the gross lot area, excluding public street.
• A minimum of at least 10 percent of the lot gross area shall be devoted to interior landscape planting. These areas shall consist of parking lot interior
landscape islands, landscape planting around buildings, and tree save areas interior to the developed portion of the site, and five (5) feet strips
parallel to the outside edge of the parking lot. Setbacks, buffers, and future development areas shall not be considered when determining the interior
landscape requirements.
• Structures up to 50 feet in height are permitted in accordance with the provisions of the plan. Structures may exceed 50 feet provided that a site
development plan is first submitted by the applicant and approved by the Gaston County or Gastonia Planning Commission.
• No building, parking, or other structures shall be permitted to be constructed closer than 50 feet from the right-of-way of the parkway.
• No building, parking or other structure shall be permitted within 30 feet of the corporate park exterior property line and 50 feet along all other streets,
public or private, existing and proposed.
In the unlikely event that a future park tenant necessitates an expansion of the construction limits in order to accommodate a future building pad and
the subsequent impacts to stream or wetlands, then a Section 404/401 application to the USACE and NCDWR will be required. Pursuant to Nationwide
Permit 39, Commercial and Institutional Developments, any impacts to jurisdictional streams, wetlands or waters requires a pre-construction
notification to the USACE. Future development activities would also be governed by County floodplain ordinances and state sediment and erosion
control regulations. Collectively, these ordinances and regulations will effectively minimize indirect and cumulative impacts both during construction
and operationally, thereby safeguarding downstream water quality.
The notable natural environmental features found within the project area are provided multiple protections under state and federal laws and local
permitting ordinances. The cumulative effect of this project when considered in the context of other past, present, and future actions, and the resulting
impact on the notable human and natural features, will not notably contribute to cumulative impacts to environmental resources in the project area.
Direct natural environmental impacts by the project sponsor have been minimized to the maximum extent practicable while still serving the purpose of
the project. All future development will be required to follow local, state, and federal guidelines and permitting regulations. No significant indirect or
cumulative impacts to downstream water quality are anticipated due to the construction of Apple Creek Corporate Park project.
Yes No N/A
Yes No
Yes No
Asheville
Yes No Unknown
Yes No
Yes No
5h. Doe s this proje ct inv olv e the construction/installation of a wind turbine (s)?*
5i. Doe s this proje ct inv olv e (1) blasting, and/or (2) othe r pe rcussiv e activitie s that will be conducte d by machine s, such as jackhamme rs, me chanize d pile driv e rs, e tc.?
5j. What data source s did you use to de te rmine whe the r your site would impact Endange re d Spe cie s or De signate d Critical Habitat?*
Consultation Docume ntation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this proje ct occur in or ne ar an are a de signate d as an Esse ntial Fish Habitat?*
6b. What data source s did you use to de te rmine whe the r your site would impact an Esse ntial Fish Habitat?*
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this proje ct occur in or ne ar an are a that the state , fe de ral or tribal gov e rnme nts hav e de signate d as hav ing historic or cultural pre se rv ation status?*
7b. What data source s did you use to de te rmine whe the r your site would impact historic or arche ological re source s?*
7c. Historic or Pre historic Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this proje ct occur in a FEM A-designate d 100-ye ar floodplain?*
8b. If ye s, e xplain how proje ct me e ts FEM A require me nts:
8c. What source (s) did you use to make the floodplain de te rmination?*
Comme nts
M isce llane ous attachme nts not pre v iously re que ste d.
Yes No
Yes No
Yes No
USFWS IPaC and NCNHP data and site specific surveys. A scoping letter was also sent to the USFWS requesting comments on the project; USFWS
responded that they needed more information on the project, specifically project design plans, or a description of proposed project-mediated impacts
to natural resources, as well as a description of proposed impact avoidance, minimization, and/or mitigation measures. A copy of the initial Section
404/401 application was submitted to Byron Hamstead at USFWS on April 23, 2020; their response letter dated May 21, 2020 is attached and
indicates that there is no concern for federally listed threatened/endangered species and no additional information is required.
USFWS 19-308_Apple Creek Corporate Center Phase 3_Gaston Co.pdf 329.8KB
NCNHP_Report_Nov20_2019.pdf 998.69KB
19-308_(survey results)Apple Creek Corporate Center Phase 3_Gaston Co.pdf 340.85KB
Yes No
NOAA EFH Mapper
Yes No
A request for evaluation letter was sent to SHPO in January 2020; their response revealed that the Hambright-Jenkins Cemetery is located in the
southwestern corner of the study area. The attached exhibit depicts SHPO's mapped area of concern overlain by the original limits of construction; the
applicant has acknowledged SHPO's boundary and revised the limits of construction to avoid this area. The applicant is also aware of state
regulations as well as the Corps' nationwide permit program general conditions that would require construction activities to cease in the event human
remains are unearthed.
Hambright-Jenkins Cemetery limit exhibit.pdf 399.36KB
Yes No
The fill within the floodplain for the roadway crossing and sanitary sewer manholes will comply with applicable FEMA-approved local floodplain
management requirements.
FEMA FIRM Mapping. Additionally, a Flood Commercial permit was issued by Gaston County for the Apple Creek Corporate Park project. The permit
number is FLD-20-05-15-00058; the Flood Permit is attached in the Miscellaneous section.
M iscellaneous
The initial ePCN submittal for the Apple Creek Corporate Park project was submitted on February 4, 2020 (NC DWR #20200186). Upon review of the application, DWR determined that
the application lacked necessary information required to make an informed permit decision and a denial letter was issued on April 14, 2020. The Miscellaneous attachments support the
areas that were deemed deficient and described previously. Attachments include a Stormwater Management Report/Erosion and Sedimentation Control Plan; Stormwater Approval
Letter from Gaston County; Floodplain Development Permit from Gaston County; Covenants and Restrictions of Apple Creek Corporate Park; Code Comparisons which compares the
various regulations of the park; and Supplemental Information regarding the Threatened and Endangered Species that are listed in Gaston County.
In conversations following DWR’s 401 WQC denial, Donna Hood had also requested documentation from NCDOT that the Department agreed with the stream impacts presented in the
application and that design approval of the proposed culvert would not result in changes to these impacts. On December 2, 2020, Jonathan Moore with NCOT's Hydraulics Unit issued
an e-mail to Benesch, the project civil engineer, that the culvert design and final design plans were approved; no changes to the impacts reported in the original 404/401 permit
application resulted during the addressment of NCDOT's review comments. A culvert design exception is being granted with an associated agreement that Gaston County will maintain
the structure (see Miscellaneous attachments for document titled 'Letter to Blake Guffey NCDOT'). NCDOT’s contacts in this matter are C. Blake Guffey, District Supervisor District 1,
Division 12 (980.552.4104, [e-mail] ) and Mark Stafford (Division Engineer, Division 12).
Current applications for Section 401 WQC require the submittal of Pre-Filing Meeting Request Form to DWR at least 30 days prior to submittal of the WQC application. Extensive
coordination with DWR has taken place since the original 401 WQC application in this matter was denied. The attached Memo prepared by DWR’s Donna Hood, dated December 3,
2020 (see Miscellaneous attachments for document titled 'Memo for Apple Creek Business Park resubmittal') describes the coordination efforts and confirms that the 30 day Pre-Filing
meeting requirement has been met.
*
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 :*
Signature *
Full Name (Co-Signor)*
Co-Signor Signature *
Date
Apple Creek_Code Comparison.pdf 109.15KB
Apple Creek_Covenants and Restrictions.pdf 368.29KB
Apple Creek_FloodPermit.pdf 203.24KB
Apple Creek_Storm Water Management Report-Erosion and Sedimentation Control Plan.pdf 101.29MB
Apple Creek_Stormwater Letter Of Approval.pdf 323.45KB
T&E Supplemental info for Apple Creek PCN Form.pdf 103.67KB
Letter to Blake Guffey NCDOT - Apple Creek Culvert.pdf 141.33KB
Memo for Apple Creek Business Park resubmittal.docx.pdf 401.4KB
Apple Creek Economic Impact.pdf 130.02KB
Signature
By checking the box and signing below, I certify that:
Michael A. Iagnocco, PWS
Donny Hicks
Sign
12/14/2020