HomeMy WebLinkAbout20171208 Ver 1_401 Application_20170922Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW -
Prepare file folder ❑
Wedands and Er—onmental Planning Group
Leonard S Wndner, PLLC
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Henn Storage Facility
2. Work Type: ✓❑Private ❑Institutional ❑Government 1:1 Commercial 2 0 ? 2 0 8
3. Project Description / Purpose [PCN Form 133d and 133e]:
Preliminary Jurisdictional Determination Request and Permit Application for a car sales and service storage facility.
4. Property Owner / Applicant [PCN Form A3 or A41: Henn Automotive
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
�EP'Z22017
Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group _ A_ E UR Es
Planning D _.. rco PFRM�h-�'
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Bib]:
34.9346N/ -80.7481W
8. Project Location — Tax Parcel ID [PCN Form B 1 a]: 06141046, 061410468 and 06141043
9. Project Location — County [PCN Form A2b]: Union
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Waxhaw
11. Project Information — Nearest Waterbody [PCN Form 132a]: Blythe Creek
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: 03050103
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit #
Regional General Permit #
✓ Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
HCompliance
No Permit Required
Revised 20150602
Wetlands and Environmental Planning Group
September 18, 2017
Mr. David L. Shaeffer
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue
Asheville, NC 28801-5006
Mr. Alan Johnson
NCDENR
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Ms. Karen Higgins
NCDENR
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa St.
Asheville, NC 28801
Leonard S. Rindner, PLLC.
Subject: Pre -Construction Notification for NWP#39 and Preliminary Jurisdictional
Determination for the Henn Storage Facility Site, Waxhaw, Union County, NC
Ms. Higgins and Messrs. Shaeffer, Johnson, and Hamstead,
Enclosed is a request for Nationwide Permit #39 and a Preliminary Jurisdictional Determination
associated with the proposed Henn Storage Facility site in Waxhaw, Union County, NC. The site
consists of an intermittent stream (Intermittent Stream A) totaling approximately 459 linear feet.
Of the 459 linear feet of stream, approximately 62 linear feet is located within the project
boundary. The remaining 397 linear feet of Intermittent Stream A is located offsite on the
adjacent parcel. Please refer to accompanying Jurisdictional Determination section for additional
information on site surface waters. This information has been included for a preliminary
determination.
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
(704)904-2277 (828)708-7059
len.rindner@wetlands-epg.com 1 amanda.jones@wetlands-epg.com
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Proposed permanent impacts associated with the project total approximately 142 linear feet. As
indicated on the attached plans, 62 linear feet of permanent stream impacts will occur within the
project boundary limits and approximately 80 linear feet of permanent stream impacts will occur
on the adjacent property. Specifically, the proposed impacts to jurisdictional waters include the
installation of a 223 -foot RCP and appurtenant 37 -foot rip rap apron and headwall associated
with the proposed stormwater management facilities for the planned development. Please refer to
the included sections for the referenced plans and stormwater permit approval letter.
Due to the location of the onsite stream and the restricted space within the site, complete
avoidance of impacts was not practicable. Impacts to site surface waters associated with the
proposed development were limited through design location/orientation of the proposed
structures and limiting parking space to code minimums. Due to the minimal impacts anticipated
with the proposed project, no compensatory mitigation is being proposed.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site in which
no listed species were identified within the project area. We believe that there will be no effect
on listed species or their critical habitat as designated under Section 7 of the Endangered Species
Act.
Thank you for your consideration and please contact me if you have any questions, (704) 999-
5279 or email at heath. caldwelI(Z�wetlands-epi com.
Sincerely,
Heath Caldwell Len Rindner, PWS
Environmental Scientist Principal
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
(704)904-2277 (828)708-7059
len.rindner@wetlands-epg.com 2 amanda.jonesC wetlands-epg.com
Permit Application
o�oE wnrFgOc
6
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ YesX❑ No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑ No
2.
Project Information
2a.
Name of project:
Henn Storage Facility
2b.
County:
Union
2c.
Nearest municipality / town:
Waxhaw
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Henn Automotive LLC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Susan Henn
3d.
Street address:
1152 North Broome Street
3e.
City, state, zip:
Waxhaw, NC 28173
3f.
Telephone no.:
704-562-1498
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Heath Caldwell
5b. Business name
(if applicable):
Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group
5c. Street address:
10612-D Providence Road, PMB 550
5d. City, state, zip:
Charlotte, NC 28277
5e. Telephone no.:
704-999-5279
5f. Fax no.:
5g. Email address:
heath.caldwelI@wetlands-epg.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
106141046, 06141046B and 06141043
1 b. Site coordinates (in decimal degrees):
Latitude: 34.9346 Longitude: -80.7481
1 c. Property size:
3.28 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Blythe Creek
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
103050103
3. Project Description
3a. 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 site is composed maintained lawn areas, commercial automotive garage structures and gravel and concrete parking areas. General land use in
the vicinity consists of residential, agricultural and commercial developments.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 459
3d. Explain the purpose of the proposed project:
Preliminary Jurisdictional Determination Request and Permit Application for a car sales and service storage facility.
3e. Describe the overall project in detail, including the type of equipment to be used:
Excavation and grading of the site will use standard equipment - excavator, trackhoe, dump trucks, etc.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑ Yes ❑X No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
El Preliminary E] Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): N. Nelson
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
WEPG's delineation findings/determination are included for preliminary determination.
S. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑X No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands X❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
W3 -
Choose one
Choose one
Yes/No
W4 -
Choose one
Choose one
Yes/No
W5 -
Choose one
Choose one
Yes/No
W6 -
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Fill
Stream A Offsite
INT
Corps
7
37
S2 P
Culvert
Stream A Offsite
INT
Corps
7
43
S3 P
Culvert
Stream A Onsite
INT
Corps
7
62
S4 -
Choose one
-
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
142
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indiv dually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded
Filled Excavated Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse Q Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent(P)or
Tem ora
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the location of the onsite stream and the restricted space within the site, opportunities to avoid the stream were limited. The proposed storage
facility structures have been rotated and shifted as far south as possible and slopes have been graded to provide necessary stability for the
development and minimize stream impacts to the greatest extent possible. Proposed parking space has also been designed to minimum required to
limit impacts. Of the approximate 459 linear feet of stream located onsite/offsite, only 142 linear feet of impacts are proposed as part of this project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
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 Q No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee ram
y program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
70
2b.
Does this project require a Stormwater Management Plan?
x❑ Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Storm water on the site will be handled/treated by structures as shown on the attached plans. The stormwater plan has not been submitted/approved
by Union County but has been designed to meet their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Union County
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Union County
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
E] Session Law 2006-246
Z Other: 15A NCAC 02H.1000
4b.
Has the approved Stormwater Management Plan with proof of approval been
X❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes Q No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes Q No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑Yes ❑X No
2c. If you answered 'yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes Q No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
No additional phases are proposed.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A threatened/endangered species assessment was conducted in which no species were identified. Report is included.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No essential fish habitat in this region.
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
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: http://gis.ncdcr.gov/hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes Q No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
http://gis-web.co. union. nc.us/gomaps
Heath DN �cnn=H lly athC dweel� o°WEEPPCll
Heath Caldwell
Caldwell eP9com'� us �l'll°ands-
09-14-2017
Date: 2017.09.14 16:12:26 -04'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
Wetlands and Environmental
Agent Authorization Letter
Leonard S. Rindner, PLLC.
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Henn Storage Facility
Property Address: 1152 N. Broome Street, Waxhaw, NC 28173
Parcel Identification Number (PIN): 06141046, 06141046B and 06141043
Select one: I am the current property owner
Name: Charles T. Starnes
Company: Henn Automotive LLC
Mailing Address: PO Box 115, Waxhaw, NC 28173
Telephone Number: 704-562-1498
El i ddrWar: m
fit sR Com' i S;'�� S 7 •/:3
Property Owner / Interested Buyer* / Other`
Date
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase andlor conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte Office:
10612-0 Providence Rd.
PMB 550
Charlotte, NC 28277
(704)904-2277
len.rindner@)wetlands-epg.com
www.wetlands-epg.com
Asheville Office;
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805
(828)708-7059
amanda.iones@wedands-epg.com
Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
May 4, 2017
Mrs. Susan Henn
Henn Automotive, LLC
1152 N. Broome St.
Waxhaw, NC 28173
Subject: Stormwater Permit No. SW3170402
Henn Storage Facility
Union County
Dear Mrs. Henn:
ROY COOPER
Covernor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
The Division of Energy, Mineral, and Land Resources (DEMLR), received a complete
Stormwater Management Permit Application for the subject project on May 4, 2017. Staff
review of the plans and specifications has determined that the project, as proposed, will
comply with the Stormwater Regulations set forth in 15A NCAC 02H.1000. We are
forwarding Permit No. SW3170402, dated May 4, 2017, for the construction, operation and
maintenance of the subject project and the stormwater system. This permit shall be
effective from the date of issuance until May 4, 2025, or until rescinded and shall be subject
to the conditions and limitations as specified therein, and does not supersede any other
agency permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing by filing a written petition with the Office
of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of
the North Carolina General Statutes. Per NCGS 143-215(e) the petition must be filed with
the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with
all questions regarding the filing fee (if a filing fee is required) and/or the details of the
filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at
919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made
this permit shall be final and binding.
This project will be kept on file at the Mooresville Regional Office. If you have any
questions, or need additional information concerning this matter, please contact Robert
Patterson at (919) 807-6369 or Robert.Patterson@ncdenr.gov.
Nothing Compares,....
SState of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
512N. Salisbury Street 1 1612 Mail Service Center I Raleigh. North Carolina 27699-1612
919 707 9200
Sincerely,
Original Signed by Robert A Patterson, PE
for Tracy E. Davis, PE, CPM, Director
cc: SW3170402 File - Mooresville Regional Office
ec: Marc Houle, PE - Yarbrough -Williams & Houle, Inc.
Nothing Compares
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
919 707 9200
State Stormwater Permit
Permit No. SW3170402
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT QUALITY
STATE STORMWATER MANAGEMENT PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Henn Automotive, LLC
Henn Storage Facility
Union County
FOR THE
construction, operation and maintenance of the Stormwater Control Measures (SCM) in
compliance with the provisions of 15A NCAC 02H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans, specifications and
other supporting data as on file with and approved by the State and considered a part of
this permit.
This permit shall be effective from the date of issuance until May 4, 2025, and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. The SCM is approved for the management of stormwater runoff as described in the
application documents and as shown on the approved plans.
3. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be
recorded showing all such required easements, in accordance with the approved
plans.
4. The runoff from all built -upon area within the permitted drainage area of this project
must be directed into the SCM.
5. The built -upon areas associated with this project shall be located at least 30 feet
landward of all perennial and intermittent surface waters.
II. SCHEDULE OF COMPLIANCE
During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
Page 1 of 4
State Stormwater Permit
Permit No. SW3170402
2. The permittee shall at all time provide the operation and maintenance necessary to
assure every SCM functions at optimum efficiency. The signed and approved
Operation and Maintenance Agreement must be followed in its entirety.
Maintenance must occur at the scheduled intervals including, but not limited to:
a. Quarterly scheduled inspections (every 3 months).
b. Sediment removal.
C. StormFilter Cartridge maintenance.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans.
f. Debris removal and unclogging of all drainage structures, level spreader, filter
media, planting media, underdrains, catch basins and piping.
g. Access to the SCM and outlet structure must be available at all times.
3. Records of maintenance activities must be kept for the SCM. The reports will
indicate the date, activity, name of person performing the work and what actions
were taken.
4. The permittee shall submit an annual summary report of the maintenance and
inspection records for the SCM. The report shall summarize the inspection dates,
results of the inspections, and the maintenance work performed at each inspection.
5. The SCM shall be constructed in accordance with the approved plans and
specifications, the conditions of this permit, and with other supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received from
an appropriate designer for the SCM certifying that it has been installed in
accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification. A modification may be required for
those deviations.
7. SCMs impacted by sedimentation and erosion control during the construction phase
shall be cleaned out and converted to its approved design state.
8. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
9. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of eight years from the date of the completion of
construction.
10. The Director may notify the permittee when the permitted site does not meet one or
more of the minimum requirements of the permit. Within the time frame specified in
the notice, the permittee shall submit a written time schedule to the Director for
Page 2 of 4
State Stormwater Permit
Permit No. SW3170402
modifying the site to meet minimum requirements. The permittee shall provide
copies of revised plans and certification in writing to the Director that the changes
have been made.
11. SCMs that allow stormwater to infiltrate shall not be located on or in areas with
contaminated soils.
12. Plats for residential lots that contain SCMs shall include: the specific location of the
SCM on the lot; a typical detail for SCM to be used; and a note that the SCM on the
property has been required to meet stormwater regulations and that the property
owner may be subject to enforcement procedures as set forth in G.S. 143, Article 21
if the SCM is removed, relocated, or altered without prior approval.
13. The O&M Agreement shall be referenced on the final plat and shall be recorded with
the county Register of Deeds upon final plat approval. If no subdivision plat is
recorded for the site, then the O&M Agreement shall be recorded with the county
Register of Deeds so as to appear in the chain of title of all subsequent purchasers.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director. In
the event of a change of ownership, or a name change, the permittee must submit a
completed Name/Ownership Change form signed by both parties, to the State,
accompanied by the supporting documentation. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all permit conditions until such time
as the Division approves a request to transfer the permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the State, in accordance with North
Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement stormwater management systems.
6. The permittee grants DEQ Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated. The
permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and re -issuance or termination does
not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit.
Page 3 of 4
State Stormwater Permit
Permit No. SW3170402
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules and regulations contained in Title 15A NCAC 02H .1000
and NCGS 143-215.1 et.al.
11. The permittee shall notify the Division in writing of any name, ownership or mailing
address changes at least 30 days prior to making such changes.
12. The permittee shall submit a renewal request with all required forms and
documentation at least 180 days prior to the expiration date of this permit.
Permit issued this the 4th day of May, 2017.
Original Signed by Robert D. Patterson, PE
for Tracy E. Davis, P.E., CPM
Director Division of Energy, Mineral, and Land Resources
Page 4 of 4
State Stormwater Permit
Permit No. SW3170402
Henn Automotive, LLC
Henn Storage Facility
Union County
Designer's Certification
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project Name)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
cc: NCDEQ-DEMLR Mooresville Regional Office
Page 1 of 1
�t
Maps/Plans
SHEET 3 OF 12
HENN STORAGE FACILITY Drawn By: Reviewed By:
Union Co., NC NRN LSR
DATE:
USGS MAP — WATERS OF THE U.S.
EXISTING CONDITIONS STUDY 3/10/17
SUBJECT TO USACE VERIFICATION
1 0
0
R
Tb82 B'C >2
TbC2
ss
its
Wetlandsand Environmental Planning Group
Leonard S. Rindner, PLLC.
len.rindner@wetlands-epg.com
(704) 904-2277
www.wetlands-epg.com
V
IE
PROJECT BOUNDARY
STUDY LIMITS
HENN STORAGE FACILITY
SHEET 5 OF 12 A M D/" I Union Co., NC
Iii
NRCS PUBLISHED SOILS MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO NCDEQ VERIFICATION
N
Drawn By: Reviewed By:
NRN LSR
DATE:
3/10/17
LFw Path: Jurisdictional features on the site flow into
-*100unnamed tributaryto Blythe Creek to Blythe Creek
�.f5i 1 en to East ForkTwelvemile Creek(TNV)
r
• (•
Legend `. 111111111111111111W Flow Flow Path •'j
Probed BoundaryNIP
` •'
_ e��r •
0 50 3 1,000
Feet
HENN STORAGE FACILITY I Drawn By: I Reviewed By:
SHEET 7 OF 12 Air n r Union Co., NC HAC LSR
Navigation Pathway Map
*Approximate boundary
DATE:
a/s/i7
o�
�s
sl
�P
VICINITY MAPS
NO SCALE
NOW OR FORMERLY
GADD REALTY
GROUP INC.
DEED.1419-822
TAX/106141006
---------------
NOW OR FORMERLY
NATHAN A. COLE
DEED:6207-742
TAX #06141043
62.20 L.F. 0.01 AC.
INTERMITTENT
STREAM "A"
STREAM "A" POINT
OF BEGINNING
NOW OR FORMERLY
E.P. NISBET CO.
MP: F-951
TAX #06141006F
NOW OR FORMERLY
GADD REALTY 10
GROUP INC.
DEED:1419-822
TAX #06141006E
100 0 so 200
00
396.90' OFFSITE 0.05 AC.
INTERMITTENT
STREAM "A"
J
I 'f I
NOW OR FORMERLY
A PERIN DEVELOPMENT
COMPANY LLC
MB: J-736
TAX#06141 01 6E
NOW OR FORMERLY
CITY ELECTRIC SUPPLY
COMPANY
DEED:5940-618
TAX j'06141016B
o
I NOW OR FORMERLY
IMM AU70MO77VE LLC
DB 1084 PG 107 NOW OR FORMERLY
TAX M ,/06141048 ROCKY HOME PLAZA INC
I DEED:6207-470
TAX 106141018A
I
I
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U 849
SHEET ITLE
-'°°'
EXISTING SITE CONDITIONS'
3/16/17
PRWT
AXHAW STORAGEsaamfflff—
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BTG
TOWN OF WAXHAW,UNION CO., NC
FOR: HENN AUTOMOTIVE LLC
1Gas>tou� WiruA>trs a Houv4 hw-
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SHEET 8 OF 12
o
--- -----------
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PROP. CULVERT PIPE,
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j APRON STREAM IMPACT --N
SEE
SEE SHEET 3 `v `�`a�—`'���7+*•�/�� ��-�
\\ NOW bR FORMERLY
\ NATI{AlY A. TOLE • ` a, , \ '\
\� dEED:6201-742
\\ \\ TA7� JQ641.0$3'', •
\\ INTERMITTENT STREAM "A" 11
POINT OF BEGINNING }
NOW ,OR /FORMERLY
\ i E.Pr NSB T .CO.
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TAX0 41006F
P'I
--------
------
- _---------
-
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NOW OR FORMERLY
GADD REAL $..
GROUP IN _
NOW ,OR FORMERLX % DEED:1419-822
TAX
GADD REALTY 06141006E
GROUP INC.
DEED:1419-822
TAX'1y06141006 i
r
------------------
100 0 50 100 200
GRAPHIC SCALE
( IN FEEL' )
IN
liillli,j; 1'il NOW OR FORMERLY
l'II"' A PERIN DEVELOPMENT
COMPANY LLC
MB: J --X36
r NOW OR FORMERLY
„CITY ELECTRIYSUPPLY
COMPA
-- 'i DEED:5940-618
TAX f08141018B
i;
„• ------------
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ob
r •
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■ ROCKY HOME PLAZA INC
DEED.6207-470
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__ AY 16
N.C. HIGH R/4/'
v RIA MB D 8 9)(PE
SHEET TITLE
OVERVIEW OF STREAM IMPACT
3/16/17
PR°WAXHAW
mmolff—
STORAGE
ir—
MAH
TOWN OF WAXHAW,UNION CO., NC
FOR: HENN AUTOMOTIVE LL
YAISLOVaK-Whimm t H=4 INC.
DRA� NM
ylia■wiwj C f•seerl•j BM �.fe.ij
amcb l" fat► ISPIdrAodk I th cmum Em
m
SHEET 9 OF 12
I ,
36.70 L.F. OFFSITE STREAM—
IMPACT ON COLE PROPERTY
RIP RAP ARPON�`` PE
`���vvv ` PERM. SG ESMT.
�x
79.85 L.F. TOTAL OFFSITE STREAM I•
ORM IMPACT ON COLE PROPERTY I
bR
60" RCP WITH HEADWALL & `` A
HA1V\ A. C RIP RAP ARPON
PD:62 INTERMITTENT
4,0 3 STREAM "N' I 1
#Q \ \ \ I y I1, 11+,
F43.15 L.F. OFFSITE STREAM I CT ON COLE PROPERTY I I wt 1,),1 , I\ CP WITH HEADWALL a'III 1' 1' I I' ' Il1 i I 1
142.05 L.F. TOTAL ONSITE & 11' I of AA
' 1``
OFFSITE STREAM IMPACT 60" RCP I li I1 I I'a
WITH HEADWALL & RIP RAP APRON II Ila:
I < �� I ly III' `� � �•\\` ���' I '�• ��
62.20 L.F. ONSITE STREAM a
cn
IMPACT ON HENN PROPERTY z
60" RCP ¢
W it,
+
EX. TOP OF
STREAM BANK
58A Ain 01
b
INTERMITTENT STREAM "A" ;/ Na d i /;i 'r i - • 1 s:;
1 POINT OF BEGINNING
I
V
1,
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E. P N SBET `,CO.
I
.QIP. - 951 ,
TAX', _#0 41006F ; >-� ----�=
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-
1 P 142.05 L.F. STREAM IMPACT
SHEET nTLE
STREAM IMPACT DETAIL
3/16/17
PROJECT BTG
WAXHAW STORAGE MAH
TOWN OF WAXHAW,UNION CO., NC
40 0 20 40 so FOR: HENN AUTOMOTIVE LLC
Yswov�-Wi>�.ueln t HOv� IKC.
llwwwtws a Srrr�twj a,B�w Iww�rlws
GRAPHIC SCALE SHEET 10 of 12
IN FEET
610
1 600
1 590
1 580
INVERT A
BEGINNIN
mml
560
L.F.(WITHIN STREAM
223.10 L.F: (TOTAL)
60" RCP
CLASS IV
Ox
so
60 0 30 60 120
GRAPHIC SCALE
IN PEEP
TO BE STABIUZED WITH
V: 11.5
W. 39.0' x L: 34.0'
12.0" DIA. RIP RAP
18.0" MIN. DEPTH
DICHRERA
SHEET TITLE
CROSS SECTION DETAIL
1-6°'
ww-
3/16/17
PROT
WAXHAW STORAGE
TOWN OF WAXHAW,UNION CO., NC
magrvr-
BTG
MAH
FOR: HENN AUTOMOTIVE LLC
YA1DlOUAH-WQ.inui a HOOD Imc.
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1!C Ceepe�a �+, IIs1>t MPAMft! rr�wwwra .. Craua an
SHEET 11 OF 12
!Im
jurisdictional
Determination Information
Jurisdictional Determination Request
0
US Army Corps
of Engineers.
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or
facsimile. A current list of county assignments by Field Office and project manager can be
found on-line at: hqp://www.saw.usace.army.miI/Missions/Re ug_ latoryPermitPro rg am.aspx , by
telephoning: 910-251-4633, or by contacting any of the field offices listed below:
ASHEVILLE REGULATORY FIELD OFFICE
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: (828) 271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 251-4610
Fax Number: (252) 975-1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: (910) 251-4025
Jurisdictional Determination Request
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E and F.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part G.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD
requests must include the current property owner authorization for the Corps to proceed with the
determination, which may include inspection of the property when necessary. This form must be
signed by the current property owner to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD
requests associated with North Carolina Department of Transportation (NCDOT) projects will be
conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: Corps approved and preliminary JDs identify
the limits of CWA (and RHA, if applicable) jurisdiction for the particular site identified in your
request. The JD 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.
Jurisdictional Determination Request
A. PARCEL INFORMATION
✓❑ Property Information Henn Automotive
Address: 1152 North Broome Street, Waxhaw, NC 28173
County: Union
Directions: Heading south on NC -16 from 1-485 travel 9.2 miles. The site will be on the right.
Parcel Index Number (PIN): 06141046, 06141046B and 06141043
B. REQUESTOR INFORMATION
❑✓ Name: Leonard S. Rindner, PLLC,
Wetlands & Environmental Planning Group (WEPG)
Mailing Address: 10612-D Providence Road, PMB 550, Charlotte NC 28277
Telephone Number: 704-904-2277
Electronic Mail Address: len.rindnerkwetlands-epi com
Select one:
I am the current property owner.
I am an Authorized Agent or Environmental Consultant2
Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
❑✓ Name: Susan Henn, Henn Automotive
Mailing Address: PO Box 115, Waxhaw, NC 28173
Telephone Number: 704-562-1498
Electronic Mail Address 3:
Select one:
❑�/ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultant'
❑ Interested Buyer or Under Contract to Purchase
Other, please explain.
1 If available
2 Must attach completed Agent Authorization Form
3 If available
° Must attach completed Agent Authorization Form
C
Jurisdictional Determination Request
C. PROPERTY OWNER INFORMATION
[J✓ PIN#:06141046 and 06141046B
Name: Henn Automotive LLC
Mailing Address: p0 Box 115, Waxhaw, NC 28173
Telephone Number:
Electronic Mail Address:
Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data)
D. PROPERTY OWNER CERTIFICATION
1, the undersigned, do authorize representatives of the Wilmington District, U.S. Army
Corps of Engineers (Corps) to enter upon the property herein described for the purpose of
conducting on-site investigations and issuing a determination associated with Waters of
the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act of 1899.
�usaxi 4fA n 7 ay I
Property Owner Da(e
(please print)
Property Owner Signature
5 If available
Jurisdictional Determination Request
C. PROPERTY OWNER INFORMATION
❑✓ PIN#:06141043
Name: Nathan A. Cole
Mailing Address: 3122 Fincher Rarm Road, Suite 100-516, Matthews, NC 28105
Telephone Number:
Electronic Mail Address5:
✓❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data)
D. PROPERTY OWNER CERTIFICATION°
I, the undersigned, do authorize representatives of the Wilmington District, U.S. Army
Corps of Engineers (Corps) to enter upon the property herein described for the purpose of
conducting on-site investigations and issuing a determination associated with Waters of
the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act of 1899.
Nathan Cole
Property Owner
(please pri
Property Owner Signature
5 If available
25 July 2017
Date
4
Jurisdictional Determination Request
E. JURISDICTIONAL DETERMINATION TYPE
Select One:
✓❑ I am requesting that the Corps provide a preliminary JD for the property identified herein.
❑ I am requesting that the Corps investigate the property/project area for the presence or
absence of WoUS6 and provide an approved JD for the property identified herein. This
request does NOT include a request for a verified delineation. (proceed to F and G
below).
I am requesting that the Corps delineate the boundaries of all WoUS on a property/project
area and provide an approved JD (this may or may not include a survey plat).
❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted
by others) on a property/project area and provide an gpproved JD (may or may not
include a survey plat).
F. ALL REQUESTS
Map of Property or Project Area (attached). This Map must clearly depict the boundaries
of the area of evaluation.
Size of Property or Project: 3.28 acres
I verify that the property (or project) boundaries have recently been surveyed and marked
by a licensed land surveyor OR are otherwise clearly marked or distinguishable.
G. JD REQUESTS FROM CONSULTANTS OR AGENCIES
(1) Preliminary JD Requests:
Completed and signed Preliminary Jurisdictional Determination Form.
Project Coordinates: Latitude Longitude 34.9346 N/-80.7481 W
Maps (no larger than 11 x17) with Project Boundary Overlay:
❑✓ Large and small scale maps that depict, at minimum: streets, intersections, towns
6 Waters of the United States
See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008
5
jurisdictional Determination Request
Aerial Photography of the project area
USGS Topographic Map
Soil Survey Map
✓ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Delineation Information (when applicable):
Wetlands:
Wetland Data Sheets
Upland Data Sheets
Landscape Photos, if taken
Tributaries:
USACE Assessment Forms
Other Assessment Forms
(when appropriate)
Field Sketch overlain on legible Map that includes:
All aquatic resources (for sites with multiple resources, label and identify)
Locations of wetland data points and/or tributary assessment reaches
Locations of photo stations
Approximate acreage/linear footage of aquatic resources
(2) Approved JDs including Verification of a Delineation:
Project Coordinates:
Maps (no larger than 11x17) with Project Boundary Overlay:
Large and small scale maps that depict, at minimum: streets, intersections, towns
Aerial Photography of the project area
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps)
Delineation Information (when applicable):
tlands:
Wetland Data Sheets
Upland Data Sheets
Tributaries:
USACE Assessment Forms
Other Assessment Forms
(when appropriate)
8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Jurisdictional Determination Request
Landscape Photos, if taken
FField Sketch overlain on legible Map that includes:
All aquatic resources (for sites with multiple resources, label and identify)
Locations of wetland data points and/or tributary assessment reaches
Locations of photo stations
Approximate acreage/linear footage of aquatic resources
Supporting Jurisdictional Information (for Approved JDs only)
❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos
Form(s)")
Map(s) depicting the potential (or lack of potential) hydrologic connection(s),
adjacency, etc. to navigable waters.
I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT
Prior to final production of a Plat, the Wilmington District recommends that the Land
Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for
review.
Due to storage limitations of our administrative records, the Corps requires that all hard-
copy submittals include at least one original Plat (to scale) that is no larger than 11"x17"
(the use of match lines for larger tracts acceptable). Additional copies of a plat, including
those larger than 11"x17", may also be submitted for Corps signature as needed. The
Corps also accepts electronic submittals of plats, such as those transmitted as a Portable
Document Format (PDF) file. Upon verification, the Corps can electronically sign these
plats and return them via e-mail to the requestor.
Plats submitted for approval must:
❑ be sealed and signed by a licensed professional land surveyor
❑ be to scale (all maps must include both a graphic scale and a verbal scale)
❑ be legible
❑ include a North Arrow, Scale(s), Title, Property Information
❑ include a legible WoUS Delineation Table of distances and bearings/metes and
bounds/GPS coordinates of all surveyed delineation points
❑ clearly depict surveyed property or project boundaries
Jurisdictional Determination Request
❑ clearly identify the known surveyed point(s) used as reference (e.g. property
corner, USGS monument)
❑ when wetlands are depicted:
*include acreage (or square footage) of wetland polygons
*identify each wetland polygon using an alphanumeric system
❑ when tributaries are depicted:
*include either a surveyed, approximate centerline of tributary with
approximate width of tributary OR surveyed Ordinary High Water Marks
(OHWM) of tributary
*include linear footage of tributaries and calculated area (using
approximate widths or surveyed OHWM)
*include name of tributary (based on the most recent USGS topographic
map) or, when no USGS name exists, identify as "unnamed tributary"
❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to
surveyed project/property boundaries
❑ include the location of wetland data points and/or tributary assessment reaches
❑ include, label accordingly, and depict acreage of all waters not currently subject to
the requirements of the CWA (e.g. "isolated wetlands", "non jurisdictional
waters"). NOTE: An approved JD must be conducted in order to make an official
Corps determination that a particular waterbody or wetland is not jurisdictional.
❑ include and survey all existing conveyances (pipes, culverts, etc.) that transport
Wous
CERTIFICATION LANGUAGE
❑ When the entire actual Jurisdictional Boundar i�picted:
8
Jurisdictional Determination Request
include the following Corps Certification language:
"This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction
of Section 404 of the Clean Water Act as determined by the undersigned on this date.
Unless there is a change in the law or our published regulations, the determination of
Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from
this date. The undersigned completed this determination utilizing the appropriate Regional
Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual."
Regulatory Official:
Title:
Date:
USACE Action ID No.:
❑ When uplands may be present within a depicted Jurisdictional Boundary:
include the following Corps Certification language:
"This certifies that this copy of this plat identifies all areas of waters of the United States
regulated pursuant to Section 404 of the Clean Water Act as determined by the
undersigned on this date. Unless there is change in the law or our published regulations,
this determination of Section 404 jurisdiction may be relied upon for a period not to exceed
five years from this date. The undersigned completed this determination utilizing the
appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands
Delineation Manual."
Regulatory Official:
Title:
Date:
USACE Action ID No.:
GPS SURVEYS
�9
jurisdictional Determination Request
For Surveys prepared using a Global Positioning System (GPS), the Survey must include
all of the above, as well as:
❑ be at sub -meter accuracy at each survey point.
include an accuracy verification:
One or more known points (property corner, monument) shall be located with the
GPS and cross-referenced with the existing traditional property survey (metes and
bounds).
include a brief description of the GPS equipment utilized.
10
.c roxAGMT Approximately 397 LF of \ i >
¢Wx W- rr Intermittent Stream A 1i1043
r[m ww+s extends off -Site INTERMITTENT STREAM
62 LF
cr AL%"
UPLAND rr r vi
DPl 'At AOWIu
�'Atr
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uar ur CULVERT - -
iKt;.I.��
TAY /r I1: LU14 ,
-� � •� xna �x raµ,,,.
cow"T uc
Us 0=4104t
PROJECT BOUNDARY
STUDY LIMITS
N b
I
SHEET 12 OF 12
HENN STORAGE FACILITY Drawn By: Reviewed By:
Union Co., NC NRN LSR
DELINEATION MAP — WATERS OF THE U.S. DATE: /
EXISTING CONDITIONS STUDY 3/10/17
SUBJECT TO USACEINCDEQ VERIFICATION
\`\
LEGEND
'.y
❑ Project boundary study limits
Ar► ux nwrMy
;\
N Stream
A10rYY fpxC PLYA u['
oasO�>-.x.
\
® Wetland
/ ►Landscape photoldirection
HENN STORAGE FACILITY Drawn By: Reviewed By:
Union Co., NC NRN LSR
DELINEATION MAP — WATERS OF THE U.S. DATE: /
EXISTING CONDITIONS STUDY 3/10/17
SUBJECT TO USACEINCDEQ VERIFICATION
ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):9/13/17
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Susan Henn, Henn Automotive LLC
PO Box 115, Waxhaw, NC 28173
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Wilmington, NC
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
1152 North Broome Street, Waxhaw, NC 28173 - see JD Request Form
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Union City: Waxhaw
Center coordinates of site (lat/long in degree decimal format):
Lat. 34.9346 ON; Long. -80.7481 °W.
Universal Transverse Mercator: 17N
Name of nearest waterbody: Blythe Creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
459 linear feet: 7 width (ft) and/or 0.06 acres.
Cowardin Class: R4
Stream Flow: Intermittent
Wetlands: 0.0 acres.
Cowardin Class:
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non -Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources below):
✓❑ Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: WEPG
❑ Data sheets prepared/submitted by or on behalf of the
app ' nt/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
✓❑ U.S. Geological Survey map(s). Cite scale & quad name. 1:24000/Waxhaw, NC
❑ USDA Natural Resources Conservation Service Soil Survey.
Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
✓❑ Photographs: 0✓ Aerial (Name & Date): 2016 or
❑✓ Other (Name & Date):Representative Site Photos - 3/10/17
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre -construction notification" (PCN), or requests verification for a non -reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
3
This preliminary JD finds that there 'may be" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
9
Heath Digitally signed by Heath Caldwell
DN: cn=Heath Caldwell, o=WEPG, ou,
(_11 email=heath.caldwell@wedands-
Caldwell Dae: 2017.09.12 12:14:42 -041DO'
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)
Stream A NORTH CAROLINA R4 - RIVERINE Linear 459 FOOT - DELINEATE 34.9351 -80.7476 Blythe Creek
STREAM REACH EVALUATION FORM
Date:
3/10/17 Evaluator: I NRN/LSR Eastin :
-80.7476
Project:
Henn Storage Facility: Intermittent Stream A Northin :
34.9350
Total Points:
1a.
Stream is at least intermittent if > 19 or perennial if > 30"
21.5
(right -click the purple number and left -click Update Field to summarizepoints)
2
A.
Geomorphology
Absent
Weak
Moderate
Strong
SCORE
1a.
Continuity of channel bed and bank
0
1
2
3
2
2.
Sinuosity of channel along thalweg
0
1
2
3
1
3.
In -channel structure: riffle- / step- pool sequence
0
1
2
3
1
4.
Particle size of stream substrate
0
1
2
3
1
5.
Active/relic floodplain
0
1
2
3 1
0
6.
Depositional bars or benches
0
1
2
3
1
7.
Recent alluvial deposits
0
1
2
3
0
8.
Headcuts
0
1
2
3
2
9.
Grade controls
0
0.5
1
1.5
0.5
10.
Natural valley
0
0.5
1
1.5
1
11.
Second or greater order channel
No = 0
Yes = 3
0
Geomorphology
Subtotall-
9.5-`
a Man-made ditches are not rated: see discussion in NCDWQ Manual
B. Hydrology
12.
Presence of Baseflow
0
1
2
3
1
13.
Iron Oxidizing Bacteria
0
1
2
3
0
14.
Leaf litter
1.5
1
0.5
0
1
15.
Sediment on plants or debris
0
0.5
1
1.5
1
16. Organic debris lines or piles Wrack lines
0
0.5
1
1.5
1
17.
Soil -based Evidence of high water table?
Crayfish
No = 0
Yes = 3
3
1.5
0
24.
Amphibians
Hydrology
Subtotal -`
7.0-.
C. Biology
18.
Fibrous roots in streambed
3
2
1
0
2
19.
Rooted upland plants in streambed
3
2
1
0
3
20.
Macrobenthos note diversity and abundance
0
1
2
3
0
21.
Aquatic Mollusks
0
1
2
3
0
22.
Fish
0
0.5
1
1.5
0
23.
Crayfish
0
0.5
1
1.5
0
24.
Amphibians
0
0.5
1
1.5
0
25.
Algae
0
0.5
1
1.5
0
26.
Wetland plants in streambed
FACW= 0.75, OBL= 1.5, Other= 0
0
Biology
Subtotal
5.0'
" perennial streams may also be identified usinq other methods. See paqe 35 of NCDWQ manual.
Notes:
Heavily Eroded.
Adapted from NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their
(version 4.11)
Origins.
WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region
Project/Site: Henn Storage Facility City/County: Waxhaw/Union
ADDlicant/Owner: Henn Automotive LLC
State: NC
Investigator(s): NRN, LSR Section, Township, Range:
Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): Concave
Subregion (LRR or MLRA): MLRA Lat: 35.9350 Long: -80.7476
Sampling Date: 3/10/17
- Sampling Point: Upland DP1
_ Slope (%): 8-15
Datum:
Soil Map Unit Name: TbC2: Tarrus gravelly silty clay loam NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes Y No (If no, explain in Remarks.)
Are Vegetation N Soil N or Hydrology N significantly disturbed? Are "Normal Circumstances" present? Yes=✓ No =
Are Vegetation N Soil N or Hydrology N naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes= No Is the Sampled Area
Hydric Soil Present? Yes= No Q✓ within a Wetland? Yes No
Wetland Hydrology Present? Yes= No Q
Remarks:
Upland Data Point 1 taken approximately 30' West of Seasonal RPW A.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
[=�urface Soil Cracks (136)
E=6arsely Vegetated Concave Surface (138)
Primary Indicators (minimum of one is required: check all that apply)
=Surface
Water (Al) =True Aquatic Plants (1314)
=High
Water Table (A2) =Hydrogen Sulfide Odor (Cl)
[=]Drainage Patterns (610)
=Saturation
(A3) =Oxidized Rhizospheres on Living Roots (C3)
=Moss Trim Lines (1316)
=Water
Marks (131) =Presence of Reduced iron (C4)
=Dry -Season Water Table (C2)
=Sediment
Deposits (132) =Recent Iron Reduction in Tilled Soils (C6)
=Crayfish Burrows (C8)
=Drift
Deposits (63) =Thin Muck Surface (C7)
=Saturation Visible on Aerial Imagery (C9)
=Algal
Mat or Crust (134) =Other (Explain in Remarks)
=Stunted or Stressed Plants (D1)
=Iron
Deposits (135)
=Geomorphic Position (132)
=Inundation
Visible on Aerial Imagery (137)
=Shallow Aquitard (D3)
=Water
-Stained Leaves (139)
=Microtopographic Relief (D4)
=Aquatic
Fauna (1313)
=FAC -Neutral Test (D5)
Field Observations:
Surface Water Present? Yes= No= Depth (inches): -
Water Table Present? Yes= No= Depth (inches): -
Saturation Present? Yes= No= Depth (inches):
Wetland Hydrology Present? Yes = No �✓
_
includes capillary tinge)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0
VEGETATION (Five Strata) — Use scientific names of plants.
Absolute Dominant Indicator
Tree Stratum (Plot size: 30' ) % Cover Species? Status
1. Liquidambar styraciflua 35 Y FAC
2. Liriodendron tulipifera 25 Y FACU
3 Acer negundo 15 Y FAC
5.
6.
7.
75
Sapling Stratum (Plot size: 30'
1 Liriodendron tulipifera 15
2 Liquidambar styraciflua 10
g Acer negundo 5
5.
6.
7.
30
Shrub Stratum (Plot size: 30'
1 Ligustrum sinense 15
2.
3.
6.
7. _
15
Herb Stratum (Plot size: 30' )
1. Polystichum acrostichoides 20
2.
3.
5.
6.
7.
8.
9.
10.
11.
12,
20
Woody Vine Stratum (Plot size: 30' )
1 Lonicera japonica 25
2.
3.
4.
Zo
Remarks: (Include photo numbers here or on a separate sheet.)
= Total Cover
Y FACU
Y FAC
N FAC
Sampling Point: Upland DP1
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC:
4
(A)
Total Number of Dominant
Species Across All Strata:
8
(B)
Percent of Dominant Species
That Are OBL, FACW, or FAC:
50%
(A/B)
Prevalence Index worksheet:
Total % Cover of:
Multiply by:
OBL species
x 1 =
FACW species
x 2 =
FAC species
x 3 =
FACU species
x4=
UPL species
X5=
Column Totals:
(A)
(B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:
= Total Cover
Q 1 -Rapid Test for Hydrophytic Vegetation
Y FACU 02 - Dominance Test is >50%
03 - Prevalence Index is s3.0'
04 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
❑Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
= Total Cover
Y FACU Tree — Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and 3 in.
(7.6 cm) or larger in diameter at breast height (DBH).
Sapling — Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
Shrub — Woody plants, excluding woody vines,
approximately 3 to 20 ft (1 to 6 m) in height.
Herb — All herbaceous (non -woody) plants, including
herbaceous vines, regardless of size, and woody
plants, except woody vines, less than approximately 3
ft (1 m) in height.
Woody vine — All woody vines, regardless of height.
= Total Cover
Y FAC
= Total Cover
Hydrophytic
Vegetation
Present? Yes= No✓�
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0
SOIL
to document the indicator or confirm the absence
Sampling Point: Upland DP1
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Loc Texture Remarks
0-2 5YR 4/4 90 5YR 5/8 Loamy Clay
2-20 5YR 5/8 100
Soil Indicators:
UHistosol (Al)
=Histic Epipedon (A2)
=Black Histic (A3)
=Hydrogen Sulfide (A4)
=Stratified Layers (A5)
=2 cm Muck (A10) (LRR N)
=Depleted Below Dark Surface (A11)
=Thick Dark Surface (Al2)
=Sandy Mucky Mineral (S1) (LRR N,
MLRA 147, 148)
=Sandy Gleyed Matrix (S4)
=Sandy Redox (S5)
=Stripped Matrix (S6)
Type:
Depth (inches):
Remarks:
Clay
teduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Indicators for Problematic Hydric
=Dark Surface (S7) =2 cm Muck (A10) (MLRA 147)
=Polyvalue Below Surface (S8) (MLRA 147, 148) =Coast Prairie Redox (A16)
=Thin Dark Surface (S9) (MLRA 147, 148)
=Loamy Gleyed Matrix (F2)
=Depleted Matrix (F3)
=Redox Dark Surface (F6)
=Depleted Dark Surface (F7)
=Redox Depressions (F8)
=Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
=Umbric Surface (F13) (MLRA 136, 122)
=Piedmont Floodplain Soils (F19) (MLRA 148)
r—jRed Parent Material (F21) (MLRA 127, 147)
(MLRA 147, 148)
=Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
Very Shallow Dark Surface (TF12)
=Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes= No 0
US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0
�� r��Jf� erg � ?� f� :��� � •.� r z _ � <. t ' ..>t' . � • � ! t.
r �•�rr. , i .. l -f..
tr
' .. � � r } ` fir`' :�/ t ��5 v� � yy��r'� � .t - �• �
Threatened & Endangered Species
Report
Z
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: Henn Storage Facility
Waxhaw, Union County, North Carolina
By: Lisa R. Gaffney
August 22, 2017
Charlotte Office: www.wetiands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg.
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
(704)904-2277 (828)708-7059
len.rindner@wetlands-epg,com amanda.jones@wetlands-epg.com
Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Henn Storage Facility site is 3.637 acres located just east of Hwy 16 /
N.Broome Street, and just north of Waxhaw Parkway in Waxhaw, Union County,
North Carolina. It can be found on the Waxhaw, NC USGS Topographic
Quadrangle Map; latitude is 35.9347 N, longitude is -80.7477 W. The site is an
urbanized, small business site, currently an automobile service center. The
topography is gently to moderately sloped with the elevation ranging from 590 to
630 ft. (Figure 1).
Figure 1:
RG LRE Na HEI -84 STORAGE FACILITY Drawn B/: Reviewed Bq:
Lt1717)r I Un*n OD, NC NRN LS Ft
DATE:
LISGS W F - W ATE RS OF THE U.S.
EXISTM CO NDfnO NS STUDY 3/10/17
5 LVEC771) L6.ACE W&RCA 7?aV
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
http://www.fws.gov/raleigh/species/cntylist/union.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Union County North Carolina, the results of which are listed below (Table 1).
Maps and aerial photographs were assembled and the site was investigated
August 11, 2017.
Table 1: Threatened / Endangered / Protected Species listed for
Union County
County: Union, NC
*Source: US Fish & Wildlife Service
**Data search on August 11, 2017
Grou Name Status Lead Office
Clams Carolina heelsplitter Endangered
Asheville
(Lasmigona
Ecological
decorata)
Services Field
Office
Flowering Schweinitz's Endangered
Asheville
Plants sunflower
Ecological
(Helianthus
Services Field
schweinitzh)
Office
Flowering Michaux's sumac Endangered Raleigh
Plants (Rhus michauxii) Ecological
Services Field
Office
Birds Bald Eagle Protected under the Great Lakes-
(Haliaeetus Bald and Golden Big Rivers
leucocephalus) Eagle Protection Act Region (Region
3)
WEPG 3
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Henn Storage Facility —Threatened /Endangered /Protected Species Evaluation
Two plant species with federal protection are listed as potentially occurring in
Union County:
Schweinitz's Sunflower (Helianthus schweinitzit), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and utility
rights-of-way (ROW).
• Michaux's Sumac (Rhus michauxii), listed as Federally Endangered,
requires habitat of sandy forests and woodland edges. This species
requires periodic fire as a part of its ecology.
Two animal species with federal protection are listed as potentially occurring in
Union County:
Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and
Golden Eagle Protection Act, typically inhabits forested areas near large
bodies of open water such as lakes, marshes, seacoasts and rivers,
where there are suitable fish populations and tall trees for nesting and
roosting.
• Carolina heelsplitter (Lasmigona decorata), listed as Federally
Endangered, is restricted to cool, clean, well -oxygenated water. Stable,
silt- free stream beds are required for this species. Typically stable areas
occur where the stream banks are well -vegetated with trees and shrubs.
RESULTS:
The site is an urbanized, small business site; currently an automobile service
center. Areas near the road and perimeter of the parking lot have been
informally landscaped, with mowed turf grass. There is a narrow buffer of trees
and shrubs along the boundaries of the site. Some transitional habitat with
herbs, vines and shrubs is present between the managed areas and the tree
lines.
Trees present are Loblolly Pine (Pinus taeda), Sawtooth Oak (Quercus
acutissima), Tulip Poplar (Liriodendron tulipifera), Sweet Gum (Liquidambar
styraciflua), Red Cedar (Juniperus virginiana), Flowering Dogwood (Comus
florida), Black Gum (Nyssa sylvatica), and Black Cherry (Prunus serotina).
Shrubs present are Autumn Olive (Elaeagnus umbellata), Chinese Privet
(Ligustrum sinense), Wax Myrtle (Myrica cerifera), and Groundsel-tree
(Baccharis halimifolia). Vines present are Japanese Honeysuckle (Lonicera
japonica), Trumpet Creeper (Campsis radicans), Catbrier (Smilax spp.),
Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation
Muscadine (Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). Herbs
present are Johnson Grass (Sorghum halepense), Sericea Lespedeza
(Lespedeza cuneata), Ragwort (Packera sp.) Indian Hemp (Apocynum
cannabinum), Goldenrod (Solidago spp.), Beggars Ticks (Desmodium sp.), and
Dogfennel (Eupatorium capillifolium).
Threatened & Endannered/Protected Saecies Results
• All potential habitats for Schweinitz's Sunflower and Michaux's Sumac
along the roadside corridor, and tree and lawn edges were closely
examined and neither of these species was present.
• The stream on site does not have the habitat characteristics required to
support populations of the Carolina Heelsplitter. No mussels were
observed during the survey nor would any be expected on-site.
• There is no bald eagle habitat on site, and no eagles or eagle's nests were
observed.
RECOMMENDATIONS:
I recommend further consultation with the project planners and engineers
regarding coordination with USFWS and other federal and state agencies as
needed.
Respectfully submitted,
Lisa R. Gaffney
Biologist
August 22, 2017
Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist / Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and biologist, and has conducted field work
and investigative studies covering thousands of cumulative acres in both North and
South Carolina since 1996, including:
• Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized,
directed, and worked in field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed,
and worked in field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 40,000 acres in North and South Carolina, 1996 - present.
• Located and identified at least six previously unreported populations of Federally
Endangered Schweinitz's Sunflower (Helianthus schweinitzil).
• Located and identified four previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
• Located a previously unknown population of Federally Endangered Schweinitz's
Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to
the purchase of the site by the State of North Carolina Plant Conservation
Program, now called Redlair Preserve. This population has become a Recovery
Site for the species.
• Participated in numerous Piedmont Prairie restoration projects in Mecklenburg,
Union, Cabarrus and Gaston Counties, North Carolina.
Henn Storage Facility —Threatened/ Endangered/ Protected Species Evaluation
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VICINITY MAP—WATERS OF THE U.S.
EXISTING CONDITIONS STUDY
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Drawn By: I Reviewed By:
NRN LSR
DATE
3/10/17
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation
Figure 4: AERIAL MAP
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Wetlands and Environmental Planning Group Leonard S. Rindiner, PLLC.
IICI117 S101 -age Facilil.V - 1171-calel7ed / Endangered, Proiccied Species Evaluation
Figure 5: SOIL MAP
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Drawn By:I Reviewed By:
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DATE:
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Wetlands and Environmental Planning Group Leonard S. Rindne+-, PLLC.