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HomeMy WebLinkAbout20220865 Ver 1_ePCN Application_20220624DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 4/25/2022 BIMS # Assigned* Version#* 20220865 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review la. Name of project: McCord Road Industrial la. Who is the Primary Contact?* Tim Bassett What amout is owed?* $240.00 $570.00 Select Project Reviewer* Eric Rice:eads\erice lb. Primary Contact Email:* lc. Primary Contact Phone:* tbassett@prtreit.com (612)800-8502 Date Submitted 6/24/2022 Nearest Body of Water Ramah Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.437645 -80.837667 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No Please provide the date of the previous submission.* 4/13/2022 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 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: If. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information Id. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: McCord Development LLC 2b. Deed book and page no.: 36259 and 358 2c. Contact Person: Tim Bassett 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 150 South 5th Street, Suite 2675 Address Line 2 City State / Province / Region Minneapolis MN Postal / Zip Code Country 55402 USA 2e. Telephone Number: 2f. Fax Number: (612)800-8502 2g. Email Address: * tbassett@wpreit.com 4. Agent/Consultant (if applicable) 4a. Name: Michelle Measday 4b. Business Name: ECS Southeast LLP 4c. Address Street Address 5260 Greens Dairy Road Address Line 2 City Raleigh Postal / Zip Code 27616 4d. Telephone Number: (919)441-2437 4f. Email Address: * mmeasday@ecslimited.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Huntersville 2. Project Identification 2a. Property Identification Number: 01102115 2c. Project Address Street Address 11701 McCord Road Address Line 2 City Huntersville Postal / Zip Code 28078 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Ramah Creek 3b. Water Resources Classification of nearest receiving water: * C 3c. What river basin(s) is your project located in?* 2b. Property size: 45.34 State / Province / Region NC Country USA Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030501011401 and 030401050101 (impacts occur in this HUC) 4. Project Description and History 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 is currently partially developed by Huntersville Hardwoods Inc., including multiple structures, asphalt, concrete, and gravel drive areas, as well as two railroad spurs. The eastern portion of the site is partially wooded. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.65 4g. List the total estimated linear feet of all existing streams on the property: 801 4h. Explain the purpose of the proposed project: * The site will be developed into an approximately 501,120 square feet industrial building and associated parking/drive areas. As part of the town requirements, Seagle Road Extension will be developed through the site, which has direct access to McCord Road. A round -about is located at the site entrance with the road continuing north and west through the site connecting to Parr Road and Sam Furr Road, which are located north of the site. With regard to purpose and need. 31,000 jobs were added to the region in 2021. Despite supply chain bottlenecks and labor supply issues across the country, e-commerce sales were up 11% during the 2021 holiday season and commanded an even larger share of total retail sales (20.9%) compared with the same period in 2020. This trend will continue to fuel the need for warehouse space as e-commerce and logistics firms target Charlotte to expand their foothold in the Southeast. Vacancy for warehouse space is at a historic low for the region at 2.5%. Extremely limited supply of new buildings continues to put pressure on rental rate growth and the need for new development to support the ecommerce and logistics demand for the region. There is a scarcity of industrial -zoned land in the greater Charlotte region, which makes this site and location very important to the overall market and supply chain. These infill locations like McCord road will fill the void for modern distribution space to meet the needs of the local and regional community by supporting the efficient distribution of goods and services to the region via a safe, well located state-of-the-art facility that will also create local jobs and continue to spur economic benefits for the local community through the construction of the building and the operations of the site post -construction. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Appropriate erosion control measures will be used while the site is prepared and leveled to the desired building elevation. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Typical materials and machinery will be used on -site during the construction process. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * • Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-01581 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Ron Johnson ECS Southeast LLP Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR August 10, 2021 6. Future Project Plans 6a. Is this a phased project?* Yes 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): Wetlands Streams -tributaries Open Waters Pond Construction Buffers 2. Wetland Impacts 2a. Site #* (?) 2a1 Reason (9) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Fill P Riverine Swamp Forest W1 Yes Corps 0.157 (acres) W2 Fill P Headwater Forest W2 Yes Corps 0.016 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.173 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.173 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Fill Permanent Fill S1 Intermittent Corps 2 Average (feet) 205 (linear feet) S2 Fill Permanent Fill S3 Perennial Corps 3 Average (feet) 117 (linear feet) S3 Fill Permanent Fill S4 Intermittent Corps 1 Average (feet) 24 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 346 3i. Total stream and ditch impacts: 346 3j. Comments: S3 is 3.3 ft avg width S4 is 0.5 ft avg width Total: 788 SF or 0.0181 Ac streambed impacts E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 0 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The purpose and need of the project include the development of an industrial site that provides key components for bulk warehousing and distribution. Other aspects of the site include central location, sufficient size for the proposed buildings, can be supported with current infrastructure, and is complimentary to the existing commercial and industrial properties that located in the general area. The site is also located in the vicinity of major interstate thoroughfares and access to the Charlotte Douglas International (CLT) International Airport. The selected site offers the following which was important to the intended use: 1. Preferred site location in the vicinity of 1-77, 1-85, 1-485 and 1-40 along major thoroughfares. The site is located within approximately 2 miles of 1-485, 14 miles of 1-85 and 25 miles of 1-40 via 1-77 and within 20 miles of Charlotte Douglas International (CLT) International Airport. 2. Utilities in place and or close to the site. The site requires electrical, gas, fiber, water, and sanitary sewer. Utilities are located within McCord Road. 3. The site is generally flat and was free of poor soils which is important to the feasibility of bulk warehousing/distribution projects. The site is generally flat and has a drainage divide through the center running in a north to south direction with the site draining to the west and east away from the divide. 4. A site was large enough to accommodate the site program and was controlled by a single landowner. Current industry standard is 500,000-SF for a warehouse/distribution building. The site proposes an approximately 500,000-SF warehouse building. 5. The site must provide good secondary road access to support the expected truck and employee traffic. McCord Road and proposed Seagle Street provide access to secondary roads, Sam Furr Road and Old Statesville Road. 6. A site that was relatively free of environmental features, streams, and floodplain, and/or features that would be to large building footprints. The site is generally clear of environmental features. The features are concentrated near the eastern site boundary. 7. The site is entitled/zoned to appropriately allow for the intended bulk warehousing/distribution. The proposed building and associated vehicular and truck parking, loading dock space and grading for stormwater basins generally avoid impacting streams and wetlands in the eastern most portions of the site. The proposed Seagle Street extension road will be a public road to connect McCord Road to Parr Road/Sam Furr Road and is required by Huntersville as part of this project. Grading associated with the road will result in the majority of impacts to wetland and stream resources. A retaining wall is proposed to avoid some impacts to Wetland W1 and to Stream S3, which is a perennial stream. However, extension of the retaining wall to protect the entire length of Stream S3 was not practicable from an engineering design standpoint due to its close proximity to a "pinch point" between proposed Seagle Road and a proposed stormwater basin. The depth and width of the building provides separation of vehicular and tractor trailer parking and movement with separate driveways. Separation of vehicular and tractor trailer movements provides safety for both operators. Fire safety requires full access to the building, which has been provided. Impacts to the wetland were minimized to the maximum extent practicable with grading at a 2:1 slope. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to the wetland and streams cannot be avoided with this project. Site disturbance shall be minimized to the extent practicable in order for the proper installation of the project elements. The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control during roadway development activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4e. Riparian wetland mitigation requested: (acres) 0.346 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 4h. Comments 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? Yes No If no, explain why: State mandated riparian buffers are not applicable to this basin or waterway. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes 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? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Charlotte Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. This is a stand alone project, with no future phases. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No 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. City of Charlotte 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?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes • No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes • No 5i. 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.? Yes • No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC NHP Response Letter. See below for information submitted to USFWS for concurrence. Carolina Heelsplitter: Description: The Carolina heelsplitter is a freshwater mussel which could measure up to 4.6 inches in length. Habitat: The Carolina heelsplitter requires cool, clean, well -oxygenated water. Stable, silt -free stream bottoms appear to be critical to the species. Typically, stable areas occur where the stream banks are well -vegetated with trees and shrubs. Conclusions: Tributaries, which originate onsite from slope seeps and stormwater runoff, do not have the potential to provide habitat for the Carolina heelsplitter as they are unlikely to supply viable habitat as the hydrologic stability varies from intermittent to perennial throughout their length. Therefore, ECS concluded the development will have no effect on the Carolina heelsplitter. Bald Eagle Description: Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet. Sometimes confused with golden eagles, Bald eagles are mostly dark brown until they are four to five years old and acquire their characteristic coloring. Habitat: Bald eagles live near rivers, lakes, and marshes where they can find fish, their staple food. bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals and carrion. Bald eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs, rivers, and some seacoasts. In winter, the birds congregate near open water in tall trees for spotting prey and night roosts for sheltering. Conclusions: The site consists of industrial buildings, mowed turf, and undeveloped wooded land. Large bodies of water and a steady food support base are not present on the site. Additionally, bald eagles, eagles, or eagle nests were not observed during the site reconnaissance. Based on our knowledge and site observations, suitable habitat for the bald eagle is not located on site. Michaux's Sumac; Survey Window: May through October Description: Michaux's sumac is a low -growing, densely hairy, dioecious shrub, mostly 0.3 to 0.6 m tall. Leaves are pinnately compound with 7-13 leaflets that are coarsely toothed. Female plants produce erect clusters of greenish -yellow to white 4-5 parted flowers and conspicuous red drupes. Flowers from April to June. Fruits persist from August through September or October. Michaux's sumac is distinguished from other Rhus species by its small stature (mostly 0.3 to 0.6 m tall), 7-13 leaflets, and its overall pubescence (both the leaves and the stems are densely pubescent). In addition, the leaf rachis is often winged at the terminal portion of the leaf. Habitat: Michaux's sumac occurs in sandy or rocky open woods, sometimes in association with circumneutral soils. In the fall line sandhills region it occurs in submesic loamy swales. In the eastern Piedmont, it occurs on sand soils derived from granite. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. In all of its habitats, Michaux's sumac is dependent upon some form of disturbance to maintain the open quality of its habitat. Periodic, naturally occurring fires provided such disturbance historically. Today, however, many of the Michaux's Sumac occurrences are in areas that are artificially disturbed, such as highway and railroad rights -of -way, pine plantations, edges of cultivated fields, and other cleared lands. Conclusion: The site does contain woodland edge along mowed turf/cleared area. Mowed turf is maintained to the woodland edge. ECS scientists performed a targeted survey along the forest edge within the accepted survey window and did not observe any sumac species or Michaux's sumac onsite. The NHP database search did not identify Michaux's sumac within project boundaries or within a one -mile radius of the site. Schweinitz's Sunflower, Survey Window: late August to October Description: Schweinitz's Sunflower is a perennial herb that produces solitary stems, up to 2 m tall and bears yellow flower heads in late summer and early autumn. Habitat: Schweinitz's Sunflower occurs in clearings, and edges of, upland oak -pine -hickory woods and piedmont longleaf pine forests in moist to dryish sandy loams. The sunflower requires full to partial sun of an open habitat, which was formerly maintained over the species' range by wildfires and grazing by herds of bison and elk. Now most occurrences are confined to roadsides and powerline clearings. Conclusions: The site consists of industrial buildings, mowed turf, cleared area, and wooded land. The surrounding land use comprises private residences, commercial properties, and wooded lands. The site does contain potential suitable habitat for Schweinitz's sunflower, including mowed turf/open cleared areas, and woodland edges. The NHP database search did not identify Schweinitz's sunflower within project boundaries or within a one -mile radius of the site. A survey of woodland edge was performed in April 2021 and March 2022. The mowed turf/cleared area is aggressively maintained to the forest edge and highly disturbed. ECS scientists examined the field edges for sunflower species and none were identified. Therefore, ECS concluded that habitat does not exist on site for Schweinitz's sunflower and the project proposed for the site would have no effect on Schweinitiz's sunflower. Smooth Coneflower; Survey Window: late May through October Description: Smooth coneflower is a rhizomatous perennial herb, which grows to a height of about 1.5 m, with smooth stems, few leaves and pink to purplish flowers. This species flowers from May to mid -July and fruits from late June to September. Habitat: Smooth coneflower is formerly a plant of prairie -like habitats or oak -savannas maintained by natural or Native American -set fires. Now, primarily occurs in openings in woods, such as cedar barrens and clear cuts, along roadsides and utility line rights -of -way, and on dry limestone bluffs. Usually found in areas with magnesium- and calcium -rich soils. Requires full or partial sun. Conclusion: The NHP database search did not identify smooth coneflower within project boundaries or within a one -mile radius of the site. A targeted survey was performed in April 2021 and March 2022, no coneflowers were identified along the woodland edge. Based upon the aggressive maintenance of the mowed turf area and extensive disturbance observed onsite, ECS concluded that smooth coneflower specimens do not exist within the PSA. I.UILIMI1I DUI y DOL Description: The northern long-eared bat (NLEB) is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are actually bats noted for their small ears (Myotis means mouse -eared). Habitat: The northern long-eared bat is found across much of the eastern and north central United States and all Canadian provinces from the Atlantic coast west to the southern Northwest Territories and eastern British Columbia. This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Conclusion: The site contains wooded areas with potential for summer habitat. According to information reviewed on the USFWS —Asheville Field Office website, the project area is located outside consultation areas of Mecklenburg County; therefore, the proposed development is not likely to adversely affect this species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA Essential Fish Habitat Mapper 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC HPO Web Mapper 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA MSC Mapping 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. Click the upload button or drag and drop files here to attach document File must be PDF or KMZ Comments Signature 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: Michelle Measday Signature iffeitcffc 1(rAdal Date 6/24/2022