HomeMy WebLinkAbout20130071 Ver 1_401 Application_20130113T.E. ALLEN ENGINEERING, P.C. 20 1300 T1
Post Office Box 103
Rosman, North Carolina 28772
Phone (828) 8774883 Firm # C -1997 Mobile (828) 553 -3004
January 21, 2013
SUBJECT: Starbucks Gastonia, Cox Road, Franklin Commons Shopping Center,
Gastonia, Gaston County, NC
NC DWQ, 401 /Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
Dear DWQ:
Enclosed, please find five (5) copies of the 401/404 application (PCN form). A check
for the application review fee is also enclosed. This project is for the construction of a
new STARBUCKS Cofee Shop and will include relocating a portion of the existing 1
Acre Stormwater Basin as necessary to make room for the new STARBUCKS building
pad. A Flood Study has been performed and the proposed construction and basin
relocation has been shown not to cause a rise in flood waters. A riprap lined outlet
channel will be constructed between the Basin outlet structures and Duharts Creek. The
outlet channel will extend to Duharts Creek. This PCN is to address work for the new
discharge channel from the Stormwater Basin to Duharts Creek.
If you have any questions or require any additional information, please do not hesitate
to contact me at (828) 877 -4883 or email tealleneng&,citcom.net.
Sincerely, D LE (7-4�u
JAN 242013
Te . Allen, P.E.
D" NR
-WA
Co lting Engineer do �
Enclosures 5 copies of 401/404 PCN Application Form
Check for application review fee
Copy Furnish w/ attachment:
401 PERMITTING
Mr. Alan Johnson
NCDENR Division of Water Quality
601 East Center Ave, Suite 301
Mooresville, NC 28115
704 - 235 -2200
USACE 404 PERMITTING
Mr. Steve Kichefski
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Ave, Room 208
Asheville, NC 28801 -5006
copy of 401/404 PCN Application Form
and Sketch SK -1
1 copy of 401/404 PCN Application Form
and Sketch SK -1
ot W A
O�TFROG
O r
201 3007 1
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification PC Form
A. Applicant Information
r1
1. Processing
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ❑Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1 d. 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
le. 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
1 g. 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:
Stormwater Basin at STARBUCKS
(See attached sketch SK1
2b. County:
GASTON
2c. Nearest municipality / town:
GASTONIA
2d. Subdivision name:
FRANKLIN COMMONS SHOPPING CENTER
2e. NCDOT only, T.I.P. or state
project no:
N.A.
3. Owner Information
3a. Name(s) on Recorded Deed:
PP -COX ROAD II, LLC
3b. Deed Book and Page No.
DB. 4270, PG 989 / Subdiv. PB. 77, PG 55
3c. Responsible Party (for LLC if
applicable):
Joe Pearson
_
p ag
3d. Street address:
1422 Burtonwood Drive, Suite 200
_ _' °` °
3e. City, state, zip:
Gastonia, NC 28054
3f. Telephone no.:
704- 867 -5002
3g. Fax no.:
D N - WATER pUgLm,
3h. Email address:
jpearson @pearsonproperties.net
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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:
Mr. Terry E. Allen, PE
5b. Business name
(if applicable):
T.E. ALLEN ENGINEERING, PC
5c. Street address:
P.O. BOX 103
5d. City, state, zip:
ROSMAN, NC 28772
5e. Telephone no.:
828 - 8774883
5f. Fax no.:
5g. Email address:
tealleneng @citcom.net
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):
218607
1 b
Site coordinates (in decimal degrees):
Latitude: 35.262748 Longitude: - 81.13178
(DD DDDDDD) (- DD.DDDDDD)
1 c.
Property size:
13.80 +/- Ac (Starbucks 0.48 + / -) acres
2.
Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
DUHARTS CREEK
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS -V
2c.
River basin:
CATABWBA
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:
An existing Stormwater Detention Basin is located on the upper portion of the site. Lower portion of the site is
undeveloped. The adjacent property is a commercial development.
3b.
List the total estimated acreage of all existing wetlands on the property:
None within project site.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
650 LF ( + / -). The southern end of the parcel borders Duharts Creek (WS -V)
3d. Explain the purpose of the proposed project:
Relocate the existing Stormwater Basin as necessary to facilitate the construction a 0.48 acre building pad for
STARBUCKS.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The project will include relocating a portion of the existing 1 Acre Stormwater Basin as necessary to make room for the
new STARBUCKS building pad. The Stormwater Basin will be relocated to the southeast and towards Duharts Creek. A
Flood Study has been performed and the proposed construction and basin relocation has been shown not to cause a rise
in flood waters. A riprap lined outlet channel will be constructed between the Basin outlet structures and Duharts Creek.
The outlet channel will extend to Duharts Creek. All disturbed reparian areas are to be seeded and restored in
accordance with section 6.24 of the NCDENR Practice Standards and Specifications. Equipment shall work from top -of-
bank; no equipment in the creek. Sedimentation and turbidity will be controlled by installing a temporary sand bag coffer
dam around the proposed work area, and turbidity curtains along the wetted perimeter. The bottom toe of the turbidity
curtains shall be anchored in place with sand bags. The work area will be dewatered by pumping. All dewatering
discharge shall have a turbidity of not more than 10 NTUs above background or as otherwise specified in DWQ's
Turbidity Standards (15A NCAC 02B.0211(3.)(k.)). To satisfy the required turbidity limit, the dewatering pump discharge
shall be filtered through a Bag Filtration Unit equal to Model BF-400 from Rain - for -Rent with a 100 to 1 micron nominal
rating (P.O.C. at Rain- for -Rent is Jeremy at 704 - 393 - 3345). The turbidity level of all discharge shall be monitored with
calibrated turbidity meters and the filtration equipment shall be adjusted as necessary to insure compliance with Water
Quality Standards. The water downstream of the work area shall likewise be monitored with calibrated turbidity meters
and the turbidity curtains shall be adjusted as necessary to insure compliance with Water Quality Standards.
Uncured concrete shall not be allowed to come into direct contact with surface waters. This will be accomplished by
establishing a "dry work area" as described above. "High Early" concrete shall be used in the work to minimize curing
time.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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?
Comments:
❑ Yes ❑ No ® Unknown
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
E] Preliminary El Final
4c
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company:
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
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.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
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 ❑ 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
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 [:IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ 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
Bank Stabilization
Duharts Creek
® PER
❑ INT
® Corps
® DWQ
25
70
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
70
3i. Comments: Impacts are necessary to perform bank stabilization to for outlet channel from the Stormwater Detention Basin.
Page 5 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
Temporary T
01 ❑P ❑T
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.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5E 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.
❑ Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required.
131 ❑P
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
63 ❑P ❑T
El 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.
Work shall be performed during periods of normal flow or low flow. No work shall be performed during high flow or flood
conditions. No work shall be performed when unusually severe weather is forecasted. The work area shall be secured and
protected from scour and erosion when high flow and severe weather is forecasted.
Work shall be performed in- the -dry to the extent practicable. Sand bags shall be used as a coffer dam to create a dry work
area for the construction. Turbidity curtains shall be used on the wet side to the sand bags for turbidity control. Work shall be
accomplished by construction equipment located at the top -of -bank, no equipment shall be placed in the water.
Work shall be performed "in the dry" to the maximum extent practicable. A dry work area will be created to comply with Water
Quality Standards.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
To minimize disturbance during construction, the work will be accomplished with the smallest mechanical equipment
practicable, and equipment will be located on top -of -bank. No equipment shall be located in the creek. Sand bags and
turbidity curtains will be used around the worts area. The upland disposal area for the excavated materials from the
Stormwater Basin relocation shall have no return water and there will be no wetlands impacted.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
❑Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
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:
❑ 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:
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
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
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
6e.
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: Should project exceed 10% of the stream frontage.
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
1 a. 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?
%
2b. Does this project require a Stormwater Management Plan?
® Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The STARBUCKS site will have a Phase
II Stromwater Management System, submitted under separate cover to the Gaston County Department of Natural
Resources for approval.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The STARBUCKS site will have a Phase II Stromwater Management System, submitted under separate cover to the
Gaston County Department of Natural Resources for approval.
® 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?
Gaston 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
❑ HQW
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
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 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 /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:
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.
The Building sewer will be discharged to the local WWTP.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
S. 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.
❑ Raleigh
❑ Asheville
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?
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
El 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: Flood Study and FEMA No -Rise Certification to be submitted to the
local Flood Plain Manager for the City of Gastonia.
8c What source(s) did you use to make the floodplain determination? FEMA Firm Map
Joe Pearson,
PP -COX ROAD II, LLC
Applicant/Agent's Printed Name
Applicant/Agent's Signature
(Agent's nature is valid only if an authorization letter from the applicant
Date
is provided.)
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version
PRELIMINARY SITE PLAN
T.E. ALLEN ENGINEERING PC
;
n
STARBUCKS
PC on 103
mm
Franklin Commons ShoppingCenter
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Gastonia, NC
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