20230765 Ver 1_ePCN Application_20230526

DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 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.
Pre -Filing Meeting Date Request was submitted on:
4/27/2023
BIMS # Assigned
20230765
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Edgewood Industrial
1a. Who is the Primary Contact?*
Paul Duran (Indus Realty)
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/26/2023
Nearest Body of Water
Abernathy Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.257141
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Gaston
Is this a NCDMS Project
Yes No
Longitude:
-81.275825
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:[e-mail]
1c. Primary Contact Phone:*
[phone]
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
39 - Commercial/Institutional Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying forthe 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:
1-85 — Highway 29/74 LLC c/o SSP Southeast Land Management, LLC
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Scott Coblentz
2d.Address
Street Address
2820 Selwyn Avenue
Address Line 2
Suite 500
city
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28209
USA
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:
Paul Duran
3b. Business Name:
Indus Realty Trust
3c.Address
Street Address
204 West Newberry Road
Address Line 2
City
State / Province / Region
Bloomfield
Connecticut
Postal / Zip Code
Country
06002
USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jesse Degnan, PWS
4b. Business Name:
ECS Southeast
4c.Address
Street Address
1812 Center Park Drive
Address Line 2
Suite D
city
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28217
USA
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:
Bessemer City
2. Project Identification
2a. Property Identification Number: 2b. Property size:
205044 231
Q

2c. Project Address
Street Address
Kings Mountain Highway
Address Line 2
city
Bessemer City
Postal / Zip Code
28016
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Abernathy 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.
030501011501
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
Project is located adjacent to Interstate-85, north of Kings Mountain Highway, near the town of Bessemer City, Gaston County, North Carolina. The site consists of undeveloped woodlands
and is transected by two public utility rights -of -way (ROWS). Surrounding land use is residential, commercial, agricultural and undeveloped woodlands.
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:
4.92
4g. List the total estimated linear feet of all existing streams on the property:
11,819
4h. Explain the purpose of the proposed project:
The purpose of the project is to create a multi -building Class A Industrial/Distribution/Manufacturing park to satisfy demand in the area for such facilities and to provide a positive economic
impact to the area.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The site constraints include limited access and frontage on Edgewood Road and Highway 29/74. There is a 100-foot wide Duke Energy transmission easement that bisects the property
from the east to the west. Proximity to the 1-85 controlled access right-of-way limits how close to the interstate the new service road can be. Several jurisdictional streams bisect the
property from the north to the south. Developable land is limited to the areas between the streams and above and below the transmission easement. The proposed buildings are limited in
size due to the constraints described above. Access to these buildable sites will require culverted stream crossings in two locations and sanitary sewer crossings in two locations.
The development will be constructed via standard construction procedures. Proper erosion and sediment control measures would be utilized and maintained throughout the project. Typical
materials and machinery will be used on -site during the construction process.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
Delineated February 2022 by Jesse Degnan, PWS (ECS)
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-02256
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jesse Degnan, PWS
Agency/Consultant Company: ECS Southeast
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
11/16/2022
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?
This is a single and complete project. This project is not part of a larger planned development.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name *
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
❑
Jurisdiction *
length
g1
Impact Area #1A
Permanent
Relocation
Stream 7
Intermittent
Both
178
Average (feet)
(linear feet)
S2
Impact Area #1 B
Permanent
Culvert
Stream 6
Perennial
Both
68
Average (feet)
(linear feet)
S3
Impact Area #2
Temporary
Excavation
Stream 6
Perennial
Both
50
Aveage (feet)
(linear feet)
S4
Impact Area #3
Temporary
Excavation
Stream 8
Perennial
Both
30
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
246
3i. Total stream and ditch impacts:
326
3i. Total temporary stream impacts:
80
3j. Comments:
Total permanent stream impact = -246 LF/-0.018 AC; Total temporary stream impact = -80 LF/-0.02 AC.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed project has been planned and engineered to avoid wetland and waterbody impacts to the greatest extent practicable. Where avoidance
was not feasible, proposed impacts were minimized during the siting, planning, and engineering phases of the project. Impacts to all wetlands on -site
(-4.92 AC) will be avoided.
All stream crossings will occur at as close to 90 degree angles as possible. Rather than filling Stream 7, the stream will be rerouted to confluence with
Stream 6 north of the proposed permanent road crossing to maintain hydrology. Retaining walls will be used in several locations to avoid/minimize
impacts to the streams and stream buffers.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The development will be constructed via standard construction procedures. Appropriate construction techniques will be used, and erosion control
measures will be implemented accordingly to minimize potential sedimentation and other potential project -related impacts. Efforts will be made
throughout all construction phases to minimize the extent and duration of project -related disturbances to water resources. At the temporary stream
crossing locations, impacts will be minimized using industry standard techniques such as temporary dam and bypass pump, limited excavation, and
backfilling with native material.
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:
Since proposed loss of streambed is less than 0.02 acre, no compensatory mitigation is being proposed for this project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
I
V
8
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 located in the Catawba River Watershed. NC Riparian Buffer Protection Rules are only applicable within 50 feet of all shorelines along the Catawba River mainstem below
Lake James to the NC/SC border and all shorelines of the Catawba mainstem lakes including, Lake James, Lake Rhodhiss, Lake Hickory, Lookout Shoals Lake, Lake Norman, Mountain
Island Lake and the North Carolina portion of Lake Wylie.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Gaston County
Comments:
Stormwater runoff from nearly all impervious surfaces will be collected and conveyed in underground drainage piping networks and will discharge to stormwater management ponds for
treatment and peak flow attenuation. The entire stormwater detention system is designed to meet state and local stormwater requirements for treatment and attenuation.
The total proposed impervious area for the site is approximately 31.3 acres which represents approximately 13.6 % coverage on the 231-acre tract of land.
G. Supplementary Information O
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.
This is a single and complete project. This project is not part of a larger planned development. The proposed infrastructure and associated stream
impacts will be constructed in a single phase. Individual buildings may be constructed in phases or all at once. No further impacts are anticipated beyond
what is included in this initial phase.
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 will be handled by the City of Gastonia.
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
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
Unknown
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?
IPaC and consultation with the USFWS and NC NHP. Responses from the USFWS and NC NHP are 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?
NOAA
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 HPO database and consultation with the SHPO. Consultation initiated 3/15/2023. Response letter from the SHPO is pending.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?"
Yes No
8b. If yes, explain how project meets FEMA requirements:
The project will adhere to State/local FEMA requirements. No waters of the U.S. will be impacted within FEMA floodplain/floodway. Floodplain
encroachment to be permitted through Gaston County.
8c. What source(s) did you use to make the floodplain determination?"
FEMA Floodplain mapper
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
Attachments.pdf 86MB
File must be PDF or KMZ
Comments
This is a single and complete project. This project is not part of a larger planned development.
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:
Jesse Degnan
L

Signature
Date
5/26/2023