HomeMy WebLinkAbout20140627 Ver 1_401 Application_2014061420140627
0FWATF9 $ PAID
02, pG _ Office Use Only:
Corps action ID no.
o c DWQ project no.
Form Version 1.4 January 2009
EL _VAE J
JUN 1 q 2014 l
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑x 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 ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes ❑X No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes Q No
2.
Project Information
2a.
Name of project:
Smartpost Concord
2b, County:
Cabarrus County
2c.
Nearest municipality / town:
Concord
2d.
Subdivision name:
n/a
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Nolim Group c/o Stephanie Androeni
3b.
Deed Book and Page No.
1345, 0162
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
1499 West Palmetto Park Rd., Suite 204
3e.
City, state, zip:
Boca Raton, FL 33486
3f.
Telephone no.:
516- 338 -7480
3g.
Fax no.:
3h.
Email address:
sandroeni @nolimgroup.com
EL _VAE J
JUN 1 q 2014 l
Page 1 of 10
PCN Form — Version 1.4 January 2009
4.
Applicant-information (if differentfrom owner)
4a
Applicant is
❑ Agent ❑X Other, specify- prospective buyer
4b
Name'
Brian Hirsch
4c
Business name
(if applicable)
Sunta `Pro e
P P �y Group
4d
Street address
6101 ,Carnegie',Blvd. #180
4e. City; state „zip
Charlotte, NC 28209
4f
Telephowno.
704 - 945 - 801'5,
4g
Fax no
4h
Emad; address
bhirsch @suncappg com
5.
Agent/Consultant Information (if,applicable)
5a
Name
Laura Belanger
5b
Business name
(if applicable}
Environmental Permitting Consultants, Inc.
5c
Street address
125 West Stone Ave
5d
City, state, zip.
Greenville, SC 29609
5e
Telephone no
864- 271 -3040
5f
Fax no.
5g
Email address
laura @enviropermit corn
Page 2 of 10
B. ,Project Information and Prior Project History
1.
Property Identification
1a
Property identification no (tax PIN or parcel ID)-
PIN 5601662119
1 b
Site,coordinates (in decimal degrees).
Latitude 35 431286 a Longitude -80 658889
1c
Property size
59 417 acres
2.
Surface Waters
2a
Name of nearest body of water to proposed ,project
Coddle Creek
2b
Water Quality Classification of nearest receiving water
C
2c
River basin
Yadkin Pee Dee
3.
Project,Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The�site is wooded and undeveloped, with frontage along 1 -85 The property is located in an industrial development area
3b
List the total estimated acreage of all existing wetlands,on the property- 3 347
3c
List the total estimated, linear feet of all existing streams (intermittent and perennial) on the property 5,143
36 Explain the purpose of the proposed project
The�purpose of the protectis to construct an industrial facility fora shipping company
3e Descnbe`the overall prolect'in detail, including the type of equipment to be used -
The site is undeveloped and will require,grubbing and grading to obtain design elevations,and the construction of a 330,000 sq ft budding and parking
4.
Jurisdictional Determinations
4a
Have;junsdictional wetland &,stream determinations by the
Corps or State been requested or obtained for thiss property /
project (including-all phases) in the: ast?
❑X Yes- ❑ No ❑ Unknown
Comments
4b
If the Corps�made the jurisdictional determination, what type
of determination was made?
❑'Preliminary ❑ Final
4c
`If yes, who °delineated the'junsdictional areas?
Name (if known) CharlieWynne.
Agency /Consultant Company: EPC
Other
4d If yes, list the dates of the Corps junsdictional determinations "or State determinations and attach documentation
Request submitted April 21, 2014
5.
Project History
5a Have perrrnts,or certification's been requested or obtained for
this project (including all �pnor phases) in the past?
❑ Yes ❑X No ❑ ,Unknown
'5b
If yes, explain in detail according to "help file" instructions
6_
Future Project Plans
6a
Is this a phased project?
❑ Yes ❑X No
6b
If yes, explain
Page 3 of 10
PCN Form — Version 1 4 January 2009
C. ,Proposed Impacts Inventory
1: Impacts Summary
1 a. Which sections were completed below for your project (check all that apply)
❑X Wetlands ❑X 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
Wetland impact
number
Permanent (P),or
Temporary T
2b
Type of impact
26
Type of wetland
2d
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWO (401, other)
2f
Area of
impact
(acres)
W1 P
Fill
Bottomland'Hardwood Forest
Yes
Corps
001
W2 P
Fill
BottomlandjHardwood Forest
Yes
Corps
004
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes /No
-
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes /No
2g Total Wetland Impacts:
005
,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
Stream impact
number
Permanent'(P) or
Temporary (T)
3b
Type of impact
3c
Stream name
3d
Perennial (PER) or
intermittent�(INT)?
3e
Type,of
jurisdiction
3f
Average
stream
width
(feet) 6
3g
Impact
length
(linear
feet)
S1 P
Culvert
u/n trnb
PER
Corps
`12
76
S2 -
Choose one
S3 -
Choose one
-
S4 -
Choose one
S5 -
Choose one
S6 -
Choose one
3h Total stream and tributary impacts
76
31 Comments
Page of 10
PCN Form — Version 1 4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then indiv ually list all open water impacts below
4a
Open water
impact number
Permanent (P))or
Tem ora T
4b
Name of waterbody
(if applicable)
4c
Type of impact
4d
Waterbody
type
4e
Area of impact (acres)
0.1
Choose one
Choose
O2 -
Choose one
Choose
03�
Choose one
Choose
04
Choose one
Choose
4f Total open water impacts
4g Comments -
5. Pond'or Lake Construction
If pond or lake�construction prdIS6sed, then,com lete the chart,below
5a
Pond ID number
5b
Proposed use or
purpose of'pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one,
'P2
Choose,one
5f Total:
5g Comments
5h Is,a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no.
5i Expected pond surface area (acres)
5j. Size of pond watershed (acres)
5k Method of construction
6. Buffer Impacts, (for DWQ)
If project'wdl impact a protectedInpanan buffer,, then complete the chart below If'yes, then individually list.all buffer impacts
below If any impacts require mitigation, then you MUST,fill out Section D of this'form.
,6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other -
6b
Buffer Impact
number —
Permanent (P) or
Temporary T
6c
Reason for'impact
6d
Stream name
6e
Buffer
mitigation
required?
6f
Zone 1
impact
(square
feet
6g
Zone 2
impact
(square
feet
61
Yes /No
B2
Yes /No
B3'
Yes /No
B4 -
Yes /No,
B5
Yes /No
B6 -
Yes /No
6h Total Buffer Impacts,
61 Commeris
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and,Mimmization
la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The foot print of the protect has been oriented at an angle in order to minimize impacts to Waters of the US Parking spaces have been oriented
further from the building than typically desirable and the one unavoidable road crossing has been situation in an area � perpendicular to the stream to
minimize impact
1 b. Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques
In order to avoid and minimize impacts to the stream and wetland along the northern property boundary, 16,000 sq ft of retaining wall is proposed
2. Compensatory Miti" ation for Impacts to Waters'of the U.S. or,Waters of the, State
2a Does the project require Compensatory Mitigation for
Impacts to Waters of the U S or Waters of the State?
❑ Yes ❑X No
2b If yes, mitigation Is required by (check all that apply)
❑ DWQ ❑Corps
2c If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to,in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type Choose one
Type Choose one
Type Choose one
Quantity
Quantity
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 mitigatiornrequested
linear feet
4c If using,stream mitigation, stream temperature
Choose one
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 lMitigationaPlan
5a If using a permittee responsible�mitigation plan, provide a description of the proposed mitigation plan
Page 6 of 10
PCN Form — Version 1 4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffei mitigation
Yes ❑X No
6b If',yes, then identify the square feet of impactlo 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, n panan buffer restoration, payment into,an approved in -lieu fee fund)
6h Comments
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the protect' include or is it adlacent,to protected riparian buffers identified
❑ Yes ❑X No
within one of the'NC Ri anan Buffer'Protechon,Rules?
1b. If yes, then is a diffus6flow plan included ?, If no, explain why
❑ Yes ❑ No
2. Stormwater Management Plan
2a What is the overall percent imperviousness of,this project?
50%
,2b Does „this prole ct require, a;Stormwater Management �Plan?
❑x Yes '❑ No_
2c If this project DOES NOT requireka Stormwater,Management,Plan, explain why
2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan-
The stormwater management plan will consist of three (3) wet detention basins These basins will,treat and attenuate stormwater runoff from all
improved areas including the new roads serving ithe site from International Drive Stormwater will be collected by curb and gutter and�conveyed via
storm drainage pipes sized to convey the 10 -year storm event Wet detention ponds will discharge,at pre- develope&rates via vegetated,filter strips to
existing, wetlands, so as not to impact the wetland hydropenod Construction stormwater runoff will be directed to appropriately sized sediment basins
2e Who will be responsible for the review of the-Stormwater'Management Plan?
NCDENR,and City of Concord
3. Certified Local Government Stormwater Review
3a In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b Which of the following locally- implemented,stormwater 'management programs
❑' 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
El 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 ofapprovall been
❑'Yes ❑ No
attached?
S. 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 E], No
Page 8 of 10
PCN Form — Version 1 4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
16 Does the project,involve -an expenditure of public (federal /state /local) funds or the
❑ Yes No
use of public (federal /state) land?
10 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)?
1c If you answered "yes" to the,above, has,the documentireview 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 XZ No
or Riparian.Buffer Rules (15A NCAC,2B .0200)?
2b Is this an after - the -fact permit application?
❑ Yes ❑X No
2c If you answered "yes ", to one or both of the above questions, provide an explanation of the,-violation(s)
3. Cumulative lmpacts.(DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result4n
❑ Yes IX 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
The project is located,in an industrial park area designed specifically for this type of development
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
Water and Sewer Authority of Cabarrus County Sanitary Sewer
Page 9 of 10
PCN Form— Version 1 4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will'thi's project occur in,or near an area with federally protected species or
El Yes ❑X No
habitat
5b Have you checked with the USFWS concerning Endangered Species Act
Yes ❑ No
impacts'?
5c If yes, indicate the USFWS Field Office you have contacted
-
5d What °data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur,in,or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat'>
http / /www habitat noaa gov /protection/efh/efhmapper /index html
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated,as having historic, or, cultural preservation
Yes ❑X 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
fittp / /gis ncdcrgov /hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA - designated 100 -year floodplain?
❑ Yes No
8b: If yes, explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain- determination?
http //fns nc gov /fns /Index aspx ?user_General Public &address= 10655Intemational Dr Concord NC &ST= NC &ST =NC
Laura Belanger
06 -06 -2014
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signal r
(Agent's signature is valid only if an authonzation
letter fromdhe applicant is, rovided
Page 10 of 10
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRWrION:
LOT N0. PLAN N0. PARCEL ID: PIN 5601662119
STREET ADDRESS: 1065 International Dr., Concord; NC 28027
Please print:
Property,Owner: NOUki GROUP S.AJNC C/O STEPNMgE ANDREOM
The undersigned, registered property owners of the above noted property, do hereby authorize
Laura Belanger, of Environmental, Permitting Consultants, Inc
(Contractor / Agent) (Name of Consulting'flrm)
to ad on my behalf and take all aeons necessary for the processing, issuance and acceptance of
this permit or.Certificatton and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
1499 West Palmet* Park Rd. Suite,204 „Boca Raton, FL 33486
Telephone: 516 - 33&7480 .
We hereby Certify the above Infiormation,submitted,in this application IS true.and accurate tDithe
best of our knowledge.
- '2
Signature Authonzed Signature
Date: /T Date, _
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title
Page 1 of 1
EFH Data Notice: Essential Fish Habitat (EFH) is defined by textual descriptions contained in the
fishery management plans developed by the regional Fishery Management Councils. In most cases
mapping data can not fully represent the complexity of the habitats that make up EFH. This report
should be used for general interest queries only and should not be interpreted as a definitive
evaluation of EFH at this location. A location- specific evaluation of EFH for any official purposes
must be performed by a regional expert. Please refer to the following links for the appropriate
regional resources.
OeLcrrre, HERE, C-eorarr- m.org, end other contributors
National Geographic, Esri, DeLarne. HERE. UNEF-
VN /CMC, USGS, NASA, ESA, METI, NP.CAN, GEBCO. ,.
NOAA, inaertnert F Cup.
Query Results
Degrees, Minutes, Seconds: Latitude = , Longitude =
Decimal Degrees: Latitude = , Longitude =
The query location intersects with spatial data representing EFH and /or HAPCs for the following
species /management units.
HAPCs
No Habitat Areas of Particular Concern (HAPC) were identified at the report
location.
EFH Areas Protected from Fishing
No EFH Areas Protected from Fishing (EFHA) were identified at the report location.
http: / /www. habitat. noaa. gov / protection /efh/ethmapper /index.html 6/6/2014
C,abarrus County Endangered Species, Threatened Species,Federal Species of Concern, a... Page 1 of 2
U.S. Fish & Wildlife Service
Endangered Species, Threatened Species,Federal Species of
Concern, and Candidate Species,
Cabarrus County, North Carolina
Updated: 12 -26 -2012
Common Name
Vertebrate:
Ame -rican eel
Carolina darter
Invertebrate:
Carolina creekshell
Carolina heelsolitter
Vascular Plant:
Prairie birdsfoot - trefoil
Schweinitz's sunflower
Virginia�quillwort
Nonvascular Plant:
Lichen:
Scientific name
Federal
Record Status
Status
Anguilla rostrata
FSC
Current
Etheostoma collis collis
FSC
Current
Villosa vaughaniana
FSC
Current
Lasmigona decorata
E
Historic
Lotus unifoliolatus var. helleri FSC
Helianthus schweinazu E
Isoetes virginica
FSC
Current
Current
Historic
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or
a significant portion of its range."
C = candidate. A taxon under,consideration for official listing for whidh, there is sufficient information
to support listing. (Formerly "C1" candidate species.)
BGPA =Bald and Golden Eagle Protection Act. ,See below.
FSC = federal species of concern. A species under consideration for listing, for which`there is
insufficient information to support, listing at this time. These species may or may riot be listed in the
future, and.many of these species-Were formerly recognized as "C2" candidate species.
T(S /A) threatened due to similarity of appearance. A taxon that is threatened due to similarity of
http: / /www.fws.gov /raleigh /species /cntylist/cabarrus.html 6/6/2014
Cabarrus County Endangered Species, Threatened Spec les,Federal,Species of Concern, a... Page 2 of 2
appearance withanother listed species and is listed for its protection. Taxa listed as T,(S /A) are not
biologically endangered or threatened and are not subject to Section 7 consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or nonessential).
Experimental, nonessential populations of endangered species (e.g:, red wolf) are treated as threatened
species on public land, for consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be, noted as "PE" or
"PT"„ respectively.
Bald and Golden Eagle Protection Act (BGPA):
In the July 9, 2007 Federal Register( 72:37346 - 37,372), the bald eagle was declared recovered, and
removed (de- listed) from the Federal List of Threatened and Endangered wildlife. This delisting took
effect,August'8,2007. After delisting, the Bald and Golden, Eagl'&Protection Act (Eagle Act),(16
U.S.C. 668 -668d) becomes the primary law protecting bald eagles. The Eagle, Act prohibits take of
bald and golden eagles and provides a statutory definition of "take" that includes "disturb ". The
USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land
managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information,
visit http: / /www.fws. ov /mi rg atorybirds /baidea l�e.htm
Threatened due to similarity of appearance(T(S /A)):
In the November 4, 1997 Federal Register (55822 - 55825), the northern population of the bog turtle
(from New York south to Maryland) was listed,as T (threatened), and,the southem population (from
Virginia +south to Georgia) was, listed as T(S /A) (threatened due to similarity of appearance). The T
(S /A) designation bans the collection and interstate and international commercial trade of bog turtles
from the southern population. The T(S /A) designation has no effect on land management activities by
private landowners in North Carolina, part of the southern population of the species. In addition to its
official status as T(S /A), the U.S. Fish and Wildlife Service considers the southern population of the
bog turtle as a Federal species of concern due to habitat loss.
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain.
Incidental /migrant - the, species was observed outside of its normal range or habitat.
Probable /potential - the species'is considered likely,to occur in thi`_s county based on the proximity of
known records (in adjacent counties), the presence ,of potentially suitable habitat, or both.
http: / /ww,w.fws.gov /raleigh /species /cntylist/cabarrus.htmi 6%6/2014