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