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HomeMy WebLinkAbout20110089 Ver 2_401 Application_20120812• v l @McGiff A S S O C I A T E S August 22, 2012 Ms. Karen Higgins, Supervisor NC DWQ, 401/ Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 0 Dear Ms. Higgins: II - 00$q U2 Airlie Business Park at Ingleside — Phase 2 Lincoln County, North Carolina I am enclosing the following items for review and approval for the subject project. ➢ Five (5) Copies of the PCN ➢ Two (2) (24" x 36 ") Copies of the Project Plans ➢ Three (3) (11" x 17 ") Copies of the Project Plans ➢ One (1) Copy of USGS Map ➢ One (1) Copy of Location Map ➢ Check Number 303758 in the amount of $580.00 If you have any comments or questions regarding this submission, please do not hesitate to call me at (828) 328 -2024. Sincerely, McGILL ASSOCIATES, P.A. HOFFMAN, PE, CPE', Senior Project Engineer GRH cc: Mr. Don Chamblee, Lincoln County Mr. Andy Lovingood, PE, McGill Associates File D AUG 1 4 2012 DENR - WAT€R �1ALITY edandr. A n - -._ F \10 01415 LINCOLN COUNTY -Arlie Park Engineering \02_Design Phase \Correspondence\DWQ Transmittal Lctter_22AugI2.doc E n g i n e e r i n g P l a n n i n g F i n a n c e McGill Associates, P 4 - P O Bo-x 1136, Htckorv, NC 28603 - 1240 19th St Lane NW, Hickori, NC 28601 Office 828- 328 -2024 -Fax 828 -328 -3870 a�p� wnr�9p �-1 O 'C I1 -t>E)89 u2. Office Use Only: Corps action ID no. DWQ protect no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): N 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® 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 ❑ No 19. Is the project located in any of NC's twenty coastal counties, if yes, answer 1h below. ❑ Yes ® 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: Airlie Business Park at Ingleside 2b. County: Lincoln 2c. Nearest municipality / town: Denver 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: INGLESIDE REAL ESTATE INVESTMENT PARTNERS, LLC 3b. Deed Book and Page No. 2203 -541, 534 3c. Responsible Party (for LLC if applicable): DAVID CLARK 3d. Street address: 218 WEST MAIN STREET 3e. City, slate, zip: LINCOLNTON, NORTH CAROLINA 28092 3f. Telephone no.: 3g. Fax no.: 3h. Email address: 11 NR - GVA Stom ! QUALlly Page I of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a, Applicant is: ❑ Agent ® Other, specify: PROJECT OWNER 4b. Name: GEORGE A. WOOD, COUNTY MANAGER 4c, Business name (if applicable): LINCOLN COUNTY 4d, Street address: 115 WEST MAIN STREET 4e. City, state, zip: LINCOLNTON, NC 28092 4f. Telephone no.: 704- 736 -8471 4g, Fax no.: 704- 736 -8820 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: DAVID RICHMOND, PE 5b, Business name (if applicable): MCGILL ASSOCIATES, P.A. 6c, Street address: 124019TH STREET, LANE NW HICKORY, NC 28601 5d. City, state, zip: HICKORY, NORTH CAROLINA 28601 5e. Telephone no.: 828- 328 -2024 5f. Fax no.: 828- 328 -3870 5g, Email address: Dave .Richmond@mcgiliengineers,com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property Identification no. (tax PIN or parcel ID): 4603235803, 4603242275 1b. Site coordinates (in decimal degrees): Latitude: 35.476 Longitude: - 81.007 (13D.DDDDDD) (- DD.DDDDDD) 1c. Property size: 84.06 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UTs of Forney Creek proposed project. 2b. Water Quality Classifcation of nearest receiving water. Forney Creek - Class'C' 2c. River basin: Catawba 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 proposed project site for the Airlie Industrial Park is pirmarily wooded with two UT's of Forney Creek running through the property. The property is primarily surrounded by residential development with the East Lincoln Community Center and Sporting complex located to the West. The property Is also bordered to the West with a rail road track. 3b. List the total estimated acreage of all existing wetlands on the property: Unknown 3c. List the total estimated linear feet of all existing streams (intermittent and perenniap on the property: The total amont of of estimated linear feet of perrenial streams on the property is approximately 3406 linear feet. 3d. Explain the purpose of the proposed project: The purpose of the project is to install an access road for the proposed Airlie Industrial Park in Lincoln County. 3e. Describe the overall project in detail, including the type of equipment to be used: This project will involve the installation of an access road for the proposed Airlie industrial Park in Lincoln County. One (1) UT of Forney Creek was impacted due to this developlment in Phase 1. Approximately 149 LF of the UT of Forney Creek was impacted for the Installation of a 84" RCP Ciruclar Culvert constructed on grade and burled 1 fool below the stream bed per NCDOT requirements. Headwall and Endwalls were also constructed. It is requested that the permit be revised to include impacts associated with Phase 2. Impacts associated with Phase 2 include approximatley 150 LF of a UT of Forney Creek for the installation of a 72" RCP Circular Culvert constructed on grade and buried 1 foot below the stream bed per NCDOT requirements. All work will most likely be completed using tracked equipment consisting of dozers and excavators outside of the creek banks. All precautions shall be taken around the propsed stream crossing to ensure minimal impact is incurred during construction activities. A Sediment and Erosion Control plan shall be submitted to DENR - Land Quality for approval of Phase 2. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Q Yes ❑ No ® Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type 0 Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. USACE Action ID 2011 -00188 approval date March 4, 2011. DWQ# 11 -0089 approval date April 5, 2011 Approved Impacts involved approximately 149 LF of impacts to a UT of Forney Creek as part of Phase 1. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Phase 1 of the project Included a portion of the access road and some grading for portions of the proposed Industrial park. Phase 1 impacted UT #1 of Forney Creek. This modtication request is for Phase 2 of the project which includes 150 LF of Impacts to UT #2 of ForneyCreek. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Suffers ❑ 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. 2b. 2c. 2d. 2e. 2f. Wetland Impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404,10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary W1 ❑ P ❑ T Cl Yes ❑ No ❑ Corps ❑ DWQ W2 [] P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W5 []POT ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 ❑ P [] T ❑ Yes ❑ No ❑ Corps ❑ DWQ 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. 3b. 3c. 3d, 3e. 3f. 3g. Stream Impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404,' width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Fill / Culvert Crossing UT # 1 ® PER INT ® Corps ® DWQ 5 149 S2 ®P ❑ T Fill/ Culvert Crossing UT #2 ® PER [:1 INT ® Corps ® DWQ 5 150 S3 ❑ P [IT ❑ PER ❑ INT ❑ Corps ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S5 ❑ P [IT ❑ PER ❑ INT ❑ Corps ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ 3h. Total stream and tributary Impacts 299 31. Comments: Page S of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 individually list all open water Impacts below. 4a. 4b, 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of Impact Waterbody type Area of impact (acres) Permanent (P) or Tem ora 01 []PDT 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4E Total open water impacts 4g. Comments: 5. Pond or Lake Construction If Pond or lake construction proposed, then complete the chart below. 5a. 5b. Sc. 5d, Se. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded number of pond P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 51. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWO) 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. ❑ Neuse ❑Tar- Pamlico ❑Other: Project is In which protected basin? ❑ Catawba ❑ Randleman 6b. ec. 6d. 6e, 6f. 69. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 Impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Tem ora Impact required? 131 ❑P ❑T E] Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P [IT ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Unfortuantely, no other access points to the site are available. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The road was narrowed to two lanes at the crossing of UT #2. The horizontal alignment was chosen to cross the stream at a location that would minimize impacts. The vertical alignment was set to maximize the proposed road grade in an effort to lower the roadway to the greatest extent possible. All construction activities shall adhere to the approved Sediment and Erosion Control Plan. Every precaution shall be taken to ensure that minimal impacts to the surrounding creek areas are not disturbed. Any disturbed area shall be restored per the provided plans. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U,S. or Waters of the State? Yes ❑ No 2b. If yes, mitigation is required by (check ail that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ® Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete If Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3a Comments: 4. Complete if Making a Payment to to -lieu Fee Program 4a. Approval letter from in -Ileu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 299 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 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: Application to In -Lieu Fee Program is being made concurrently with this applicatoin. 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 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWO 6a. Will the project result In an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier Be. Required mitigation (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 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers Identified ❑ Yes ® 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 Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 4.3% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This phase of the project does not require a Stormwater Management Plan because the overall percent imperviousness is below the 24% threshhold. However, each individual lot will require a Stormwater Management Plan. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ® DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Lincoln County ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HOW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ 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 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/iocal) funds or the ® Yes ❑ 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)? 1c, 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 El No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Welland Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 2H.1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after- the -fact permit application? ❑ Yes ® 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 ® 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. At this time, it is unknown what the full extent of the project / total disturbance and /or development will occur at the Aldle Industrial park. It is anticipated that any further development will adhere to the Policies of the DWQ and DENR and to the local designated athorities. 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. No sewage will be generated from this phase of the project. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No Impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? http:// www. fws.gov /nc- es /es /Countyfr.html, http: / /www.ncnhp.org/ 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑Yes ® No 6b. What data sources did you use to determine whether your site would Impact Essential Fish Habitat? http : / /www. saw .usace.army.mil /WETLANDS /esa /, http://ocean.floridamarine.org/efh—coral/ims/viewer.htm 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 ®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? http:/Mww.hpo.ncdcr.gov/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com George A. Wood Applicant/Agent's Printed Name Date gent's Signature (Agent's signature Is valid only ifZ authorization letter from the applicant Is provided) Page I I of 11 PCN Form — Version 1.3 December 10, 2008 Version F\1001415LINC —COUN M.Peck E, —g= D_ IOn PkgagVAav4 DalaOhwNP-1415 PCNE HIIIT PH2Ew0Y18201223 MGREO It II I IL ' / �Occ, - / �� ►) . \ ®gym I it /ZV No \ —_y \ \,��\ I \\ \� \\ \\ ) / If t \`,w \• \ \ \ \ \� 1 \ pop"( ) If \ __1�1 it / ) 2 \\ 111 W m If co If 1 L IL—�-/'-�--I--------J o If If / If If If — 1 1 ' , JOB NO 1001416 DATE JUNE Z0PROPOSED DEVELOPMENT FOR C m" • V^ ' o m PCN EXHIBIT DESIGNED BY DER R DESIGN RLC DESIGN REVIEW - AIRLIE BUSINESS PARK ,••••SNO�•�� /''•. � `° ' =_ " McG o m °DNBTREVIEW- AT INGLESIDE - PHASE 2 '= •,, ASSOCIATES 1415 PCN EXHIBITPH 2d.8 ��,�� ''•,�f, RIC ��,.•`• ° °^ E N G I N E E R I N G - P L A N N I N G - F I N A N CE 124019th STREET, LINCOLN COUNTY, NORTH CAROLINA LANE NW HICKDRI,NC28WI PH(828)728 -2024 FIPMWCENSENC-0459 .o 3q W m -1 . 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