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HomeMy WebLinkAbout20200598 Ver 1_401 Application_20200505DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned * Version#* 20200598 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office * Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Stephanie Goss:eads\szgoss Information for Initial Review 1a. Name of project: Medline Mebane - South Site 1a. Who is the Primary Contact?* Dmitry Dukhan 1b. Primary Contact Email:* DDukhan@medline.com Date Submitted 5/5/2020 Nearest Body of Water Uf to Sevenmile Creek Basin Neuse Water Classification WS-II HQW/NSW Site Coordinates Latitude: 36.069258 A. Processing Information County (or Counties) where the project is located Orange Is this a NCDMS Project r Yes r No Longitude: -79.208247 Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1c. Primary Contact Phone:* (847)643-4984 U 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 18 - Minor Discharges 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: F- 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 12a—Neu-Con SOA - Meadow Spring - Medline Distribution — South Site.pdf 1h. Is the project located in any of NC's twe nty coastal counties? r- Yes r No 1j. Is the project located in a designated trout watershed? 4 Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Machine industries, Inc. 2b. Deed book and page no.: 2c. Responsible party: 2d.Address Street Address Three Lakes Drive Address Lim 2 city Northfield Postal / Zip code 60093 2e. Telephone Number: (847)643-4984 2g. Email Address:* DDukhan@medline.com State / Province / legion IL country USA 2f. Fax Number: 139.05KB r^ Yes r No r^ Yes r No 4. Agent/Consultant (if applicable) 4a. Name: Chris Tinklenberg 4b. Business Name: Kimley-Horn and Associates 4c.Address Street Address 200 South Tryon Street Address tine 2 Suite 200 City Charlotte Flstal / Zip Code 28202 4d. Telephone Number: (704)409-1802 4f. Email Address:* Chris.Tinklenberg@kimley-horn.com Agent Authorization Letter* 03a_Medline Mebane - Signed Agent Authorization. pdf Slate / Rmwe / Pagion NC Country USA 4e. Fax Number: 92.26KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Mebane 2. Project Identification 2a. Property Identification Number: 9834743184;9834846079 2c. Project Address Street Address W Ten Road Address tine 2 City Mebane Fbstal / Zip Code 27302 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT to Sevenmile Creek 3b. Water Resources Classification of nearest receiving water:* WS-II HQW/NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010302 4. Project Description and History 2b. Property size: 45.6 State / Province / Region NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The proposed Medline Mebane - South Site is located south of West Ten Road between Squires Road and Country Haven in Mebane, Orange County, NC. The appropmately 45.6-acre property is predominately undeveloped land and young forested areas, with portions of the site formerly utilized for agricultural purposes. The site is situated 0.2-miles south of 1-8511-40 with Squires Road to the west and Country Haven to the east, West Ten Road to the north, and undeveloped forested land to the south. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Mebane_South_Fig2_USGS Topo_landscape.pdf 1.17MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Mebane_South_Fig3_Soils _landscape.pdf 1.29MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.27 4g. List the total estimated linear feet of all existing streams on the property: 1,492 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct three commercial distribution facilities, totaling 450,000 square -feet of new commercial space, associated parking lots, access roads, and stormwater detention ponds. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Development of the approximately 45.6-acre lot will consist of three (3) commercial distribution facilities (appro)dmately 345,000 square -feet (sqft), 60,000 sqft, and 45,000 sqft in size), three (3) driveway access points, parking lots, and two (2) stormwater detention ponds. Grading associated with the construction of the three facilities, driveway access points, parking lots, and the stormwater detention ponds will result in a total of 0.23-ac permanent impacts to potential wetland- WoUS (Wetland W1, Wetland W3, and Wetland W4). Permanent wetland impacts include 0.02-ac to Wetland W1, 0.18- ac to Wetland W3, and 0.03-ac to Wetland W4. General construction equipment includes, but are not limited to, bulldozers, back hoes, front-end loaders, etc. will be used for construction purposes. 4j. Please upload project drawings for the proposed project. 07a_xMasterplan095977020_SouthernTract-SITE. pdf Meba ne_South_Fig6_Proposed_Con d itio ns. pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r Yes r No Comments: PJD request is included in this PCN package 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2019-01993 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): William Sullivan Agency/Consultant Company: Kimley-Horn and Associates Other: 5d1. Jurisdictional determination upload 05a_MedlineMebane_South_PJD_Request. pdf 06a_PJD FIGURES_combined.pdf 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 8.69MB 1.62MB 557.55KB 1.23 MB r Unknown Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): 17 Wetlands r Streams -tributaries r- Open Waters r Pond Construction 2. Wetland Impacts r Buffers U 2a1 Reason (?) 2b. Impact type * M 2c. Type of W. 2d. W. name * 2e. Forested* ofdicition*(?) F2fTpe area* 1 Grading Fill 1p Headwater Forest W1 Yes Both 0.020 (acres) 2 Grading Fill P Headwater Forest _] W3 Yes Both 0. 880 (acres) 3 Grading Fill 1p Headwater Forest �W4 Yes Both 0.030 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.230 2h. Comments: 2g. Total Permanent Wetland Impact 0.230 The proposed project requires grading of the Site which will result in a total of 0.23-acres of permanent impacts to potential wetland-WoUS (Wetland W1, Wetland W3, and Wetland W4). Wetland impacts will result from fill associated with grading and the installation of stormwater detention ponds. Permanent wetland-WoUS impacts include 0.02-ac to Wetland 1 (NWP 18), 0.18-ac to Wetland 3 (NWP 39), and 0.03-ac to Wetland 4 (NWP 18). In total, the proposed development project seeks permanent impacts to 0.23-ac of potential wetland-WoUS. 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: Avoidance and minimization efforts were implemented during development planning and design to the greatest extent practicable in order to reduce the overall impacts on the aquatic environment while staying within nationwide permit thresholds. The final plan demonstrates mapmum avoidance and minimization efforts by reducing the proposed wetland impacts to 0.23- ac. The rationale to support avoidance and minimization efforts include the following: Wetland 1, 3, and 4 - Impacts 1, 2, and 3: These impacts are necessary to facilitate the appropriate grading to meet the needs/requirements of the proposed development. The design mammizes the available space to construct the facilities while minimizing impacts to aquatic features. Avoidance of the remaining 0.04-ac of wetlands on -site Avoidance of approAmately 1,492 linear feet of streams on -site, including the construction of a retaining wall above the origin of S3. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to wetlands within the site will be avoided and minimized to the extent practical throughout the construction process. Impacts to streams and their associated riparian buffers are completely avoided. Stormwater and erosion control measures will be utilized to avoid sedimentation impacts to downstream waters and control runoff from the construction site. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): r DWR 9 Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Neu -Con Wetland & Stream Umbrella Mitigation Bank (Meadow Spring Site) 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.46 Attach Receipt and/or letter 12a-Neu-Con SOA - Meadow Spring - Machine Distribution - South Site.pdf 139.05KB 3c. Comments Compensatory mitigation will be met by the purchase of credits from The Neu -Con Wetland & Stream Umbrella Mitigation Bank. 0.23-ac of wetland impacts will be mitigated through the purchase of wetland mitigation credits. Based on an NCWAM assessment of Wetland W1, Wetland W3, and Wetland W4, mitigation is proposed at a 2:1 ratio. A copy of the signed Statement of Availability (SOA) is included for your reference. In total, 0.46 riparian wetland credits will be purchased from The Neu -Con Wetland & Stream Umbrella Mitigation Bank to provide the appropriate compensatory mitigation for this project. I F. Stormwater Management and Diffuse Flow Plan (required by DWR) u 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? r Yes r No What type of SCM are you providing? r- Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) r Other SCM that removes minimum 30 % nitrogen W Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r 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? r Yes r- NtA- project disturbs < 1 acre 3. Stormwater Requirements r No 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r- Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: The proposed sediment basins will be converted to permanent stormwater control measures. The stormwater components associated with the proposed development have been designed in accordance with the City of Mebane's Phase II Stormwater Post -Construction Ordinance. Per section 303 of the Stormwater Ordinance, the following Mebane Requirements apply to the proposed development; -The measures shall be designed to control and treat the stormwater run-off generated by the 1" (one inch) of rain; -Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours; -Stormwater shall not leave the project site at a rate greater than the predevelopment discharge rate for the ten year, 24-hour storm; -All structural stormwater treatment systems used to meet the requirements of the program shall be designed to have a minimum of 85 % average annual removal for Total Suspended Solids (TSS); -General engineering design criteria for all projects shall be in accordance with 15A NCAC 21-1.1008(c), as explained in the Design Manual; -All stormwater control measures that incorporate a permanent or temporary water pool with depth greater than two feet shall be fenced. The fence shall meet the design standards maintained by the Stormwater Administrator. A copy of the approval will be provided when it is received. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r' Yes r No 3b. If you answered "no," provide a short narrative description. The project is designed to construct three commercial distribution facilities, associated parking, and stormwater detention ponds. No additional or cumulative impacts are anticipated due to the construction of the proposed project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NIA 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r' Yes r No r 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A review of the North Carolina Natural Heritage Program (NCNHP) database on January 13, 2020, did not indicate known occurrences of threatened or endangered species within the project boundary. Additionally, pedestrian surveys conducted by Kimley- Horn on October 1, 2019, did not identify any occurrences of protected species within the property boundary. A concurrence request letter was submitted to the USFWS on March 23, 2020. A response is pending as of the date of this PCN submittal but will be provided once it is received (See attached NCNHP Letter and USFWS Concurrence Request). Consultation Documentation Upload 11a_20200323_Medline Mebane South_Project Concurrence ReviewLetter.pdf 6.52MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r' Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NCNHP element occurrence database did not indicate the presence of EFH within the project boundary. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on March 4, 2020. No documented architectural, historic, or archaeological sites of significance within or near the project boundary were identified. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FIRM Panel 3710983400J Miscellaneous U Comments A compiled pdf version of the PCN is attached belowfor your reference. Please feel free to contact me at (704) 409-1802 if you have any questions or if additional information is necessary. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Chris Tinklenberg, PWS Environmental Scientist Miscellaneous attachments not previously requested. 00_Medline_Mebane_South_PCN_PJD_Complete _.pdf 12.21MB Signature U ® By checking the box and signing below, I certify that: • 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: Chris Tinklenberg Signature C;"111AR-6VI-411� Date 5/5/2020     EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability March 9, 2020 U.S. Army Corps of Engineers Sam Dailey Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Medline Distribution – South Site This document confirms that Medline Industries, Inc. (Applicant) for the Medline Distribution – South Site (Project) has expressed an interest to utilize 0.40 Riparian Wetland Mitigation Credits from the EBX-Neuse sponsored Neu-Con Wetland & Stream Umbrella Mitigation Bank, specifically 0.40 from the Meadow Spring Site in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1075. Best Regards, Caitlan B. Parker Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605     EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability March 9, 2020 U.S. Army Corps of Engineers Sam Dailey Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Medline Distribution – South Site This document confirms that Medline Industries, Inc. (Applicant) for the Medline Distribution – South Site (Project) has expressed an interest to utilize 0.40 Riparian Wetland Mitigation Credits from the EBX-Neuse sponsored Neu-Con Wetland & Stream Umbrella Mitigation Bank, specifically 0.40 from the Meadow Spring Site in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1075. Best Regards, Caitlan B. Parker Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 AGENT AUTHORIZATION FORM Name: Medline Industries, Inc. Address: One Medline Place Mundelein, IL 60060 Phone: 847-643-4984 Project Name/Description: Medline Mebane - South Site Date: September 9, 2019 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: Samantha Dailey Re: Wetland Related Consulting and Permitting hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in their behalf as their agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits/Section 401 Water Quality Certifications applications, and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by . Authorized this the day of , . Authorized Representative Authorized Representative (Print Name) (Signature) Cc: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 0 1,000 2,000Feet Figure 2: USGS Topographic map (Efland)Medline Mebane - South SiteMebane, Orange County, NC Legend Project Study Area ± W Ten Rd Squires RdHwB GeCLg EnB GeB HwB GeC HrC Ch GeB GeB 0 300 600Feet Figure 3: SSU RGO Soils and NWIMedline Mebane - South SiteMebane, Orange County, NC Legend Project Study AreaNWISSURGO SoilsHydric Rating Not Hydric (0%)Hydric (1 to 32%) ± S1 S1S2 W1 W4 W3 W2 S3 Site 1 (W1):Grading Fill0.02-acres Permanent Impacts(NW P 18) Site 3 (W4):Grading Fill0.03-acres Permanent Impacts(NW P 18) Site 2 (W3):Grading Fill0.18-acres Permanent Impacts(NW P 39)Squires RdW Ten Rd 0 300 600Feet Figure 6: Proposed ConditionsMedline Mebane - South SiteMebane, Orange County, NC Legend Project Study AreaProposed GradingProposed BuildingsProposed Parking CurbStreams (Potential Non-Wetland WoUS)Wetland (Potential Wetland WoUS)Riparian Buffer (50ft) ±