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HomeMy WebLinkAbout20210468 Ver 1_More Info Received_20210413Strickland, Bev From: Jennifer Robertson <jrobertson@atlasenvi.com> Sent: Tuesday, April 13, 2021 10:13 AM To: Johnson, Alan Subject: [External] DWR Project 20210468 Performance Road Attachments: 1 PCN.pdf; 2 Impact Map 20210316.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Alan, Just making sure you have received this permit application package. Thank you, Jennifer L Robertson, President ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, NC 28211 (704) 512-1206 office (828) 712-9205 mobile www.atlasenvi.com Offices in Asheville and Charlotte From: Jennifer Robertson Sent: Thursday, March 18, 2021 8:35 PM To: Williams, Andrew E CIV USARMY CESAW (USA) <Andrew.E.Williams2@usace.army.mil>; Johnson, Alan <alan.johnson@ncdenr.gov> Subject: RE: SAW-2021-00507 (Performance Road Project) Rowan County- INCOMPLETE NOTIFICATION Andy, Per our telephone conversation and the email below attached are a revised PCN and impact map. Alan, I cannot submit this permit application to DWR until March 30th so just keeping you in the loop. I will overnight the package to Raleigh on March 29tn Thank you, Jennifer L Robertson, President ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, NC 28211 (704) 512-1206 office (828) 712-9205 mobile www.atlasenvi.com Offices in Asheville and Charlotte i From: Williams, Andrew E CIV USARMY CESAW (USA) <Andrew.E.Williams2@usace.army.mil> Sent: Monday, March 15, 2021 10:22 AM To: Jennifer Robertson <jobertson@atlasenvi.com> Cc: Williams, Andrew E CIV USARMY CESAW (USA) <Andrew.E.Williams2@usace.army.mil> Subject: SAW-2021-00507 (Performance Road Project) Rowan County- INCOMPLETE NOTIFICATION Jennifer: The Pre -construction notification (PCN) for the proposed Performance Road Project (SAW-2021-00507), received on March 8, 2021 is incomplete. In order for us to continue evaluating the proposed project, please provide the following information: 1. Please provide additional information regarding the proposed culvert for the Stream Impact S1 (from the PCN). Specifically, please provide: -- Information regarding any additional impacts. Please indicate if you are proposing any temporary impacts associated with the diversion of flow during installation. Typically, in order to work in the dry, a temporary diversion is necessary to complete the work. In many cases, this is accomplished by placing temporary coffer dams in the stream in order to divert water during construction. The impacts associated with the temporary diversions, also need to be permitted. Please provide the amount of impacts as well as a sketch map/plan showing the method, etc. 2. The map (plans) for the project (Pages 18-19) show the proposed pipe configuration associated with impact S1 (from the PCN). --Please provide the length of the proposed pipe. This is for compliance determinations. Please provide the requested information within 30 days, or your application will be withdrawn. Feel free to contact me with any questions or concerns. Thanks. Andrew Williams Regulatory Project Manager US Army Corps of Engineers Wilmington District, Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 919-554-4884 ext. 26 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 to complete the survey online. 2 W�A TF�9OG o15i� -';� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1 c. 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): ® 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 ® 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 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h 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: Performance Road 2b. County: Rowan 2c. Nearest municipality / town: Mooresville 2d. Subdivision name: not a subdivision 2e. NCDOT only, T.I.P. or state project no: not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: Mr. Matthew Erich 3b. Deed Book and Page No. 1352/816 3c. Responsible Party (for LLC if applicable): 3d. Street address: 708 Performance Road 3e. City, state, zip: Mooresville, NC 28115 3f. Telephone no.: (317) 435-9781 3g. Fax no.: not provided 3h. Email address: matt.erich@trustedcampaigns.com 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: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338 S. Sharon Amity Road #411 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.: no fax 5g. Email address: jobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 4686-03-44-8348 / 239 086 1 b. Site coordinates (in decimal degrees): Latitude: 35.563183 Longitude: - 80.731075 1 c. Property size: total parcel area approximately 2.47 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: East Fork Coddle Creek 2b. Water Quality Classification of nearest receiving water: W-II, HQW 2c. River basin: Rocky, 030040105 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 review area is cleared on the eastern CH 100 and forested on the western side. Industrial properties are abbutting to the north and south. The eastern portion along Performance Road shows evidence of recent grading. 3b. List the total estimated acreage of all existing wetlands on the property: -.102 ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: - 253 LF 3d. Explain the purpose of the proposed project: The construction of two commercial buildings and parking lots. 3e. Describe the overall project in detail, including the type of equipment to be used: The construction of two commercial buildings of approx. 12,000 sq each and associated parking and utilities. Heavy equipment will be used for clearling and construction of building pads. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ®Preliminary ❑Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): A Baggarley, J Robertson, J Sinclair Agency/Consultant Company: Atlas Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. submitted with this permit application request 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No [6b, If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction Area of number Type of impact Type of wetland Forested Corps (404, 10) or impact Permanent (P) or (if known) DWQ (401, other) (acres) Temporary T W1 P Fill Bottomland Hardwood Forest Yes Corps 0.006 ac 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 - 0.006 ac 2g. Total wetland impacts: of fill Corps 2h. Comments: W1 will be filled to allow for a road crossing. 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 Culvert CH 100 PER Corps 3 62 S2 T Other (Type In) CH 100 PER Corps 3 10 S3 T Other (Type In) CH 100 PER Corps 3 10 S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 82' of 3h. Total stream and tributary impacts: culvert Corps 3i. Comments: S1 is stream impacts for a 60' culvert to allow for road access. S2 is temporary stream impacts in order to pump around the work area and construct in the dry. S3 is temporary stream impacts for the pump around. 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 individually 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. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. 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 ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer impact number- Permanent (P) or Temporary (T) 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 5of10 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The road crossing was placed at the northern end of the property to minimize impacts to the wider wetland area. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Headwallls are being used at the upper and lower ends of the culvert to minimize impacts. 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 all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: none 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity none Quantity none Quantity none 3c. Comments: none 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): none square feet 4e. Riparian wetland mitigation requested: none acres 4f. Non -riparian wetland mitigation requested: none acres 4g. Coastal (tidal) wetland mitigation requested: none acres 4h. Comments: no 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. not applicable 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 ® 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 none none 3 (2 for Catawba) none Zone 2 none none 1.5 none 6f. Total buffer mitigation required: none 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). not applicable 6h. Comments: no comments Page 7 of 10 PCN Form — Version 1.4 January 2009 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 within one of the NC Riparian Buffer Protection Rules? ❑ Yes ® No 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? >24% % 2b. Does this project require a Stormwater Management Plan? ® 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 The project engineer is coordinating all of the stormwater requirements. description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Mooresville 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Mooresville 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 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 ® 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: n/a 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 ® 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. 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. existing sanitary sewer 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 ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® 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? 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? NOAA 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ 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? 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? FEMA floodmaps GIS layer Jennifer L Robertson , f J o� 03/03/2021 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Form — Version 1.4 January 2009 Permit Impact Ma Stream Impact S2 CH100,-10LF Temporary Pump Around Zone Culvert raised for flood events, Culvert Length 60 Feet i 4 Pro i�g 1p"i Stream Impact S3 CH100,-10LF Temporary Pump Around Zone 0 25 50 75 100 Ft / r .11YN Stream Impact S1 I CH 100: —62 LF Wetland Impact W1 I WL 1000: —0.006 Ac Proposed huik" 1CKSK12a heel 1 Legend O Review Area Impacts Rowan Co. Parcels Headwall o Streets Culvert Proposed Fill Contours: 2 Ft M Impact WL Delineation M Impact CH M Perennial Wetland Project Name: Performance Road Location: 708 Performance Road Mooresville, NC 28115 For: Mr. Matthew Erich Coordinates: 35.56320,-80.73193 Date: February 19, 2021