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