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HomeMy WebLinkAbout20211148 Ver 1_ePCN Application_20210723DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 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?* r Yes r No Change only if needed. BIMS # Assigned 20211148 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 'Information for Initial Review la. Name of project: Hambright Industrial la. Who is the Primary Contact?* Dan McCauley 1b. Primary Contact Email:* dmccauley@harthickman.com Date Submitted 7/23/2021 Nearest Body of Water Unnamed tributary of Torrence Creek Basin Catawba Water Classification WS-N (Torrence Creek Classification) Site Coordinates Latitude: Longitude: 35.377405-80.8572 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 1 What amout is owed?* r $240.00 IT $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnsonl 1c. Primary Contact Phone:* (704)998-1864 Is this a courtesy copy notification?* r Yes r No ID# Version Pre -fling Meeting or Request Date 6/11/2021 Attach documentation of Pre -Filing Meeting Request here: nick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf File type mast be FCF 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 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: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification 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: 50.04KB r 401 Water Quality Certification - E>q)ress 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 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner fJ 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: Sports Village Land Group, LLC 2b. Deed book and page no.: 30835/451 2c.Contact Person: Mike Clapp - Sports Village Land Group, LLC r Yes r No r Yes r No 2d.Address Street Address 16930 West Catawba Avenue, Suite 205 Address tine 2 City Cornelius Postal / Zip Code 28031 2e. Telephone Number: (704)201-8876 2g. Email Address:* msclapp6@yahoo.com 3. Applicant Information (if different from owner) 3a. Name: Sherrie Chaffin 3b. Business Name: Trinity Capital Advisors 3c.Address Street Address 440 South Church Street, Suite 800 Address tine 2 city Charlotte Postal / Zip Code 28202 3d. Telephone Number: (704)400-1348 3f. Email Address:* sls@trinitycapitaladvisors.com 4. Agent/Consultant (if applicable) 4a. Name: Dan McCauley 4b. Business Name: Hart & Hickman 4c.Address Street Address 3921 Sunset Ridge Rd, Suite 301 Address tine 2 City Raleigh Postal / Zip (ode 27607 4d. Telephone Number: (704)998-1864 4f. Email Address:* dmcrauley@harthicknian.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) N/A 1c. Nearest municipality/ town Huntersville 2. Project Identification Slate / Rovince / Iagion NC Country United States 2f. Fax Number: State / Province / Ifgion NC Country United States 3e. Fax Number: Slate / Rovince / Region NC Country United States 4e. Fax Number: 2a. Property Identification Number: 01740104 2c. Project Address Street Address 10695 Hambright Road Address tine 2 CKY Huntersville Postal / Zip Cork 28078 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Unnamed tributary of Torrence Creek 3b. Water Resources Classification of nearest receiving water:* WS-lV (Torrence Creek Classification) 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011401 4. Project Description and History 2b. Property size: 23.14 State / Province / legion NC Country United States 4a. 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 Site consists of one parcel of land located at 10695 Hambright Road in Huntersville, Mecklenburg County, North Carolina. The Site consists primarily of vacant, undeveloped land with utility easements in the eastern and western portions of the Site. Residential use and undeveloped land to the south and west; light industrial use is to the north; and commercial use is to the east. 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 4f. List the total estimated acreage of all existing wetlands on the property: 0.355 4g. List the total estimated linear feet of all existing streams on the property: 663 4h. Explain the purpose of the proposed project:* The project proposes to develop an industrial building to serve the Town of Huntersville and surrounding areas. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The planned development area will be graded with heavy equipment to prepare a level building pad. A stormwater BMP is included. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: 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-2021-00094 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Dan McCauley Agency/Consultant Company: Consultant Other: Hart & Hickman C Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR The Corps conducted a desktop review, and a PJD was issued by Bryan Roden -Reynolds on 1/15/21 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 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): W Wetlands W Streams -tributaries r Open Waters F Pond Construction 2. Wetland Impacts ❑ Buffers 2a1 Reason (?) 2b. Impact type * M 2c. Type of W.* 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* t_-A Fill P Seep WAA Yes Corps 0.355 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.355 2g. Total Wetland Impact 0.355 2i. Comments: The permanent vetland impact involves grading and fill required to construct a level building pad. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * ��3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 Grading 9 Permanent Fill SCA Intermittent Corps P 3 Average (feet) 317 (lir�rfeet) S2 Grading 9 Permanent Fill SCA Perennial Corps P 4 Aver�ge(feet) 126 (lir�rfeet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 443 0 3i. Total stream and ditch impacts: 443 3j. Comments: The permanent stream impact involves grading and fill required to construct a level building pad. 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: See Attached 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: See Attached 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 W Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank W Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: RES Catawba Umbrella Mitigation Bank (Dogtown Site) 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 886 3c. Comments The applicant proposes 2:1 mitigation ratio for 443 linear ft of stream impact 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) N/A 4d. Buffer mitigation requested (DWR only): (square feet) NtA 4f. Non -riparian wetland mitigation requested: (acres) WA 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.71 4g. Coastal (tidal) wetland mitigation requested: (acres) WA 4h. Comments The applicant proposes 2:1 mitigation ratio for 0.355 acre of wetland impact F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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 If no, explain why: WA 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 15ANCAC 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 No r WA - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W Local Government r- State Local Government Stormwater Programs W Phase II r NSW r USMP r- Water Supply Please identify which local government stormwater program you are using. Town of Huntersville / Mecklenburg County Comments: Stormwater Quantity and Water quality management will be provided per Town of Huntersville Requirements and Mecklenburg County Requirements as applicable. A single BMP basin will be located in the NW corner of the parcel. Stormwater will be conveyed to the basin via a network of stormwater conveyance pipes. The basin will include water quality as required by the Town including pretreatment and a restricted outlet control structure to control the outflow. G. Supplementary Information u 1. Environmental Documentation la. 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 f• 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 proposed site plan will develop the majority of the parcel and additional development is not anticipated. Additional phases and/or impacts to Waters of the U.S. are not planned or proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater will enter Town of Huntersville sanitary sewer infrastructure and will be piped to an off -site Town of Huntersville wastewater treatment plant. 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. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees 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 51. 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? DEQ Natural Heritage Program and Fish & Wildlife Service (FWS) on-line databases and on -Site reconnaissance (See attached) 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?* http://mm.habitat.noaa.gov/protection/efh/efhmapper/ 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?* The National Registry of Historic Places and NC State Historic Preservation Office databases and on -site reconnaissance (See attached). 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?* Reviewed FEMA Flood Insurance Rate Map ID #3710454900K Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. dick the upload button or drag and drop files here to attach dccurrent C - Avoid and Minimize.pdf 111.99KB 21-186 %AA Hambright Road Undisclosed Development; Mecklenburg County, North Carolina .pdf 317.87KB ER-21-0753.pdf 149.7KB NCWRC Environmental Review- Hambright Rd Redevelopment - Meck.pdf 91.5KB File rrust be FLF or ME Comments Signature * W By checking the box and signing below, I certify that: The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: Dan McCauley Signature Date 7/23/2021 ua United States Department of the Interior FSERVIUE IFE FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 April 12, 2021 Dan McCauley 3921 Sunset Ridge Rd, Ste 301 Raleigh, North Carolina 27607 dmccauley@harthickman.com Dear Dan McCauley: Subject: Hambright Road Undisclosed Development; Mecklenburg County, North Carolina The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated March 12, 2021 wherein you solicit our comments regarding project - mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description Your correspondence did not describe the proposed project or identify a federal nexus. We require this information to complete our review. Guidance information about the contents of a biological evaluation/biological assessment can be found here: hllps://www.fws.gov/asheville/htmis/project review/assessment guidance.html Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the project area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. Although not required, we encourage you to conduct any associated tree clearing activities outside the pup season (June 1 to July 31) and/or active season (April 1 to October 15) to reduce the chance of impacting unidentified maternity roosts. According to the information provided, suitable habitat occurs onsite for the endangered Schweinitz's sunflower (Helianthus schweinitzii), Smooth coneflower (Echinacea laevigata) and Michaux's sumac (Rhus michauxii). However, botanical surveys conducted during November 2020 detected no evidence for these species at that time. Due to the presence of suitable habitat, but lack of onsite evidence for these species, we believe the probability for project -mediated loss is insignificant and discountable. Therefore, we would concur with a "may affect, not likely to adversely affect" determination for these species from the applicable federal action agency. Moreover, we believe that suitable habitat is not present onsite for the federally endangered Carolina heelsplitter (Lasmigona decorates), and we require no further information at this time. Please be aware that obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. The Service appreciates the opportunity to provide these comments. Please contact Ms. Karla Quast of our staff at karla_quast@fws.gov, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-21-186. Sincerely, - - original signed - - Janet Mizzi Field Supervisor 2 Appendix C Avoidance and Minimization Proposed Hambright Industrial 10695 Hambright Road Huntersville, North Carolina H&H Job No. TRI-003 Avoidance and Minimization The proposed development is located northwest of the intersection of Hambright Road and Mount Holly-Huntersville Road in Huntersville, Mecklenburg County, North Carolina. The Site consists one parcel (Mecklenburg County Parcel Number 01740104) that contains approximately 23.14 acres. H&H reviewed State and Federal Threatened and Endangered Species databases for the Site and conducted a screening survey of the Site and surrounding area in November of 2020 for Federal Threatened and Endangered Species, and none were identified. Although the survey was conducted after the growing season, only one freeze event occurred prior to the survey on November 3, 2020. On -Site herbs, grasses and shrubs were still present during the screening survey. H&H also reviewed the National Registry of Historic Places (NRHP) for Sites located in Mecklenburg County, North Carolina; the North Carolina State Historic Preservation Office (NC SHPO) GIS viewer; and the Site and surrounding area via visual reconnaissance for the potential presence of historic, cultural, and/or archeological sites. No recorded sites were noted on or adjacent to the Site. No significant structures were observed on -Site. H&H requested comment on the Site from the United States Fish and Wildlife Service (FWS), NC Wildlife Resources Commission (WRC), and NC SHPO in March 2021. Agency responses are included in Appendix D. To minimize Site impacts, the proposed Site plan was designed to avoid Waters of the US to the maximum extent practicable. The Site building, parking areas, loading docks, and stormwater management areas have been designed to primarily occupy upland areas. The sanitary sewer along the southern and western portions of the Site is being realigned, and a variance has been proposed to allow the Site building to be shifted southwest into the required roadside buffer along Hambright Road in an attempt to further reduce impacts. 1 https://huthick.shuepoint.com/sites/A4asterFiles-1/Shared Documents/AAA-Master Projects/Trinity Partners(TRI)/TRI-003/Permitting/PCN hart 1 hickman Application/Flambright/C - Avoid and Minimize.docx SMARTER ENVIRONMENTAL SOLUTIONS A previously designed Concept Site Plan prepared by D&A Wolverine indicates that the developer originally proposed a significantly larger area of disturbance, which included additional parking areas. The proposed Site building has been reduced from 285,000 square feet to 225,000 square feet which is the industry minimum required for the current market. In addition, infrastructure has been shifted and a retaining wall has been proposed to further avoid grading in Waters of the U.S. The current Site Plan and prior Concept Site Plan are included in Appendix B. During Site development, good erosion and sediment control practices will be followed. Extensive silt fencing will be used on the construction Site perimeter and along stream and wetland boundaries. Mitigation Mitigation is typically required by the USACE Nationwide Permit 39 for impacts greater than 0.1- acre of wetlands and 0.02 acre of stream. Due to the proposed impacts to 0.355 acre of on -Site wetlands and 0.034 acre (443 linear feet) of on -Site streams, compensatory mitigation is proposed in the form of purchasing wetland mitigation credits from the Division of Mitigation Service In - Lieu Fee Program and stream mitigation credits from the RES Catawba Umbrella Mitigation Bank. The mitigation acceptance letters are included in Appendix F. A North Carolina Wetland Assessment Method (WAM) form and North Carolina Stream Assessment (SAM) forms have been conducted for the on -Site wetland (Wetland `A') and on -Site stream (Stream Channel `A') respectively. The WAM and SAM forms are attached in Appendix G. The overall WAM rating for the wetland is medium quality, and the overall SAM rating for the stream is medium quality. Because the wetland and stream are of medium quality, a mitigation ratio of 2:1 is proposed although we believe a 1.5:1 ratio would also be reasonable if the Corps agrees. At a 2:1 mitigation ratio, 0.71 acre of mitigation is proposed for impacts to wetlands via the In -Lieu Fee Program, and 886 linear feet of mitigation is proposed for impacts to streams via private mitigation bank. 2 https://huthick.shuepoint.com/sites/A4asterFiles-1/Shared Documents/AAA-Master Projects/Trinity Partners(TRI)/TRI-003/Permitting/PCN hart 1 hickman Application/Flambright/C - Avoid and Minimize.docx SMARTER ENVIRONMENTAL SOLUTIONS North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson April 28, 2021 Dan W. McCauley dmccauleygharthickman.com Hart & Hickman, PC 3921 Sunset Ridge Road, Suite 301 Raleigh, NC 27607 Re: Construct multi -family development, 10695 Hambright Road, Huntersville, Mecklenburg County, ER 21-0753 Dear Mr. McCauley: Thank you for your email of March 12, 2021, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(a�ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. (1�0., Sincerely, uX, t Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 ROY COOPER Governor ELIZABETH S. BISER Secretary TIM BAUMGARTNER Director Sherrie Chaffin Trinity Capital Advisors 440 South Church Street, Suite 800 Charlotte, NC 28202 Project: Hambright Road Industrial NORTH CAROLINA Environmental Quality July21, 2021 Expiration of Acceptance: 1/21/2022 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Catawba 03050101 Riparian Wetland 0.71 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, Al��_&� FOR James. B Stanfill Asset Management Supervisor cc: Dan McCauley, agent D Q'North Carolina Department of Environmental Quality I Division of Mitigation Services P217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 �+oRrw crww.i+va i daft /'� 919.707.8976 9 North Carolina Wildlife Resources Commission 9 Cameron Ingram, Executive Director 17 March 2021 Mr. Dan McCauley Hart & Hickman PC 3921 Sunset Ridge Road, Ste 301 Raleigh, North Carolina 27607 Subject: Request for Environmental Review 10695 Hambright Road Redevelopment Huntersville, Mecklenburg County, North Carolina Dear Mr. McCauley, Biologists with the North Carolina Wildlife Resource Commission (NCWRC) received your email on 12 March 2021. Biologists with NCWRC have reviewed the subject information. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). Hart & Hickman, PC (H&H) is requesting information on the potential impacts to threatened and endangered species and critical habitats at or near the proposed redevelopment project to be located at 10695 Hambright Road in Huntersville, Mecklenburg County, North Carolina. The 23.14-acre site is a former residence that is forested in the western portion and a maintained, grassy area in the eastern portion. The site drains to an unnamed tributary of Torrence Creek in the Catawba River basin occurs at the site. Torrence Creek is classified as a Water Supply IV stream by the NC Division of Water Resources. H&H documented a stream in the northeastern portion of the site and a wetland in the east -central portion of the site. NCWRC has no current records of federal or state rare, threatened or endangered species within or adjacent to the site. H&H surveyed the site for federally protected species and their suitable habitat in November 2020, and no individuals were observed during the field survey. Please note that November is outside the optimal survey window for the federally listed plant species. We offer the following preliminary recommendations to minimize impacts to aquatic and terrestrial wildlife resources. 1. We recommend the proposed redevelopment avoid impacting the stream and wetland on the site. 2. Also, maintain a minimum 100-foot undisturbed, native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 17 March 2021 Hambright Rd Redevelopment Mecklenburg County resources, water quality, and aquatic habitat both within and downstream of the project area. Also, wide riparian buffers are helpful in maintaining stability of stream banks and for treatment of pollutants associated with urban stormwater. 3. Disturbed areas should be re -seeded with native seed mixtures. Avoid fescue -based mixtures and lespedeza because fescue is invasive and/or non-native. Native, annual small grains appropriate for the season are preferred and recommended. Consider planting native, wildflower seed mixes and plants that will create pollinator habitat within the site. Avoid using invasive, non-native plants in seed mixtures or landscaping plants (http://www.ncwildflower.org_/plant galleries/invasives_list). 4. We recommend using green construction techniques to improve water, waste, and energy efficiency, such as environmental -friendly building techniques, construction waste management, and energy efficient building materials. Use non-invasive native species and Low Impact Development (LID) technology in landscaping. Using LID technology in landscaping will not only help maintain the predevelopment hydrologic regime, but also enhance the aesthetic and habitat value of the site. LID techniques include permeable pavement and bioretention areas that can collect stormwater from driveways and parking areas. Additional alternatives include narrower roads, swales versus curbs/gutters and permeable surfaces such as turf stone, brick, and cobblestone. Compared to conventional developments, implementing appropriate LID techniques can be more cost-effective, increase property values, provide space -saving advantages, reduce runoff, and protect water quality (Roseen et al. 2011). Also, additional information on LID can be found at the NC State University LID guide: http://www.onsiteconsortium.or /g_npsdeal/NC LID_Guidebook.pdf. NCWRC's Green Growth Toolbox provides information on nature -friendly planning (http://www.ncwildlife.org/Conservin /g Programs/GreenGrowthToolbox.aspx). At this time, the information provided is not sufficient for our staff to make definitive recommendations or conclusions concerning this project. If I can be of additional assistance, please call (919) 707-0364 or email olivia.munzerkncwildlife.org. Sincerely, Olivia Munzer Western Piedmont Habitat Conservation Coordinator Habitat Conservation Program Literature Cited Roseen, R. M., T. V. Janeski, J. J. Houle, M. H. Simpson, and J. Gunderson. 2011. Forging the Link: Linking the Economic Benefits of Low Impact Development and Community Decisions. Available at: https:Howl.cM.org/mdocs-posts/roseen-et-al-2011-forging-the-link/. ec: Byron Hamstead, USFWS Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Is this a transportation project?* Dan McCauley dmccauley@harthickman.com Trinity Capital Advisors Hambright Industrial Mecklenburg Street Address 3921 Sunset Ridge Road, Ste 301 Address Line 2 301 aty Raleigh Postal / Zip axle 27607 r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F- Shoreline Stabilization Does this project have an existing project ID#?* C Yes c: No State / Province / Pegion NC Country Wake Do you know the name of the staff member you would like to request a meeting with? P Please give a brief project description below and include location information.* The Site is located at 10695 Hambright Road in Huntersville, NC. The property developer is proposing the construction of an industrial development. Stream and wetland impacts are proposed to facilitate grading on -Site. The planned development area will be graded with heavy equipment to prepare level building pads, roadways, and stormwater BMPs. The owner has allowed for extensive avoidance and minimization of impacts to Waters of the US. The Site Plan is currently being generated. Once completed, I will forward it on to you. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 6/11/2021 fires Environmental Banc & Exchange, LLC Stream and Stream Banks Statement of Availability July 21, 2021 U.S. Army Corps of Engineers Bryan Roden -Reynolds Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Hambright Road Industrial This document confirms that the Trinity Capital Advisors (Applicant) for the Hambright Road Industrial (Project) has expressed an interest to utilize 886 Stream Mitigation Credits from the EBX sponsored RES Catawba Umbrella Mitigation Bank, specifically 886 Stream credits from the Dogtown Site, in the Catawba HUC 03050101. As the official Bank Sponsor, Environmental Banc & Exchange, 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. Please contact me at 919-209-1075 if you have any questions. Best Regards, V Caitlan B. Parker Resource Environmental Solutions, LLC 701 E. Bay Street, Suite 306 Charleston, SC 29403