20221686 Ver 1_Change WL impacts_20221214

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DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you
can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf
A. Processing Information
Pre -Filing Meeting Date Request was submitted on: *
6/22/2022
If this is a courtesy copy, please fill in this with the submission date.
County (or Counties) where the project is located:*
Lincoln
Is this a NCDMS Project*
Yes No
Click Yes, only if NCDMS is the applicant or co -applicant.
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Is this project a public transportation project?*
Yes - No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
la. Type(s) of approval sought from the Corps: *
Q Section 404 Permit (wetlands, streams and waters, Clean Water Act)
O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?*
Nationwide Permit (NWP)
❑ Regional General Permit (RGP)
n Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?*
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Fill
NWP Numbers (for multiple NWPS):
List all NW numbers you are applying for not on the drop down list.
1 d. Type(s) of approval sought from the DWR: *
check all that apply
El 401 Water Quality Certification - Regular
❑ Non-404 Jurisdictional General Permit
❑ Individual 401 Water Quality Certification
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
*
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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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?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program.
Yes No
Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach document
FILE TYPE MUST BE PDF
lh. Is the project located in any of NC's twenty coastal counties?*
Yes No
1 j. Is the project located in a designated trout watershed?*
Yes No
Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination
/Trout.aspx
B. Applicant Information
la. Who is the Primary Contact?
Bryan Blythe of Crescent Communities
1 b. Primary Contact Email:*
BBLYTHE@CrescentCom
munities.com
Id. Who is applying for the permit?*
Owner
(Check all that apply)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed: *
J H Heafner Company Inc c/o American Tire Real Estate
lc. Primary Contact Phone:*
(xxx)xxx-xxxx
[phone]
Applicant (other than owner)
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2b. Deed book and page no.:
925 / 382
2c. Contact Person:
(for Corporations)
2d. Address*
Street Address
12200 Herbert Wayne Ct Ste 150
Address Line 2
City State / Province / Region
Huntersville North Carolina
Postal / Zip Code Country
28078-6397 Mecklenburg
2e. Telephone Number: *
(xxx)xxx-xxxx
[phone]
2f. Fax Number:
[phone]
(xxx)xxx-xxxx
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name: *
Bryan Blythe
3b. Business Name:
(if applicable)
Crescent Communities
3c. Address*
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Street Address
601 South Tryon Street, Suite 800
Address Line 2
City State / Province / Region
Charlotte North Carolina
Postal / Zip Code Country
28202 Mecklenburg
3d. Telephone Number:* 3e. Fax Number:
[phone]
(xxx)xxx-xxxx
3f. Email Address: *
[e-mail]
[phone]
(xxx)xxx-xxxx
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4. Agent/Consultant (if applicable)
4a. Name: *
Jennifer L Robertson
4b. Business Name:
(if applicable)
Atlas Environmental, Inc.
4c. Address*
Street Address
338 S. Sharon Amity Road #411
Address Line 2
City State / Province / Region
Charlotte North Carolina
Postal / Zip Code Country
28211 Mecklenburg
4d. Telephone Number:*
[phone]
(xxx)xxx-xxxx
4f. Email Address:*
[e-mail]
4e. Fax Number:
[phone]
(xxx)xxx-xxxx
C. Project Information and Prior Project History
1. Project Information
1 a. Name of project: *
Finger Mill Road
lb. Subdivision name:
(if appropriate)
1c. Nearest municipality / town: *
Lincolnton
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2. Project Identification
2a. Property Identification Number: 2b. Property size:
(tax PIN or parcel ID) (in acres)
3635888860 24.81
2c. Project Address
Street Address
3075 Finger Mill Road
Address Line 2
City State / Province / Region
Lincolnton North Carolina
Postal / Zip Code Country
28092 Lincoln
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS
device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile
phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal
place.)
Latitude:* Longitude:*
35.539965 -81.220756
ex: 34.208504 -77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Larkard Creek (Gladdens Lake)
3b. Water Resources Classification of nearest receiving water: *
Class C
Surface Water Lookup
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3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.*
030501020303
River Basin Lookup
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 review area currently consists of forested land, previously used farmland, and a service road that runs
along a sewer line. This service road runs Northeast and Southwest through the Southern region of the
property and leads to a sewage pump station which is located outside of the review area.
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:
0.107
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
1,524
4h. Explain the purpose of the proposed project: *
The project purpose is for the construction of an industrial building that is approximately 172,720 square feet
under the roof.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will require mechanized land clearing for grading to remove existing vegetation and to prepare the
ground surface for construction. Heavy equipment will be used for grading and clearing activities. The
development will also require the construction of parking areas, storm water treatment, utilities, and additional
infrastructure.
5. Jurisdictional Determinations
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5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
Delineation was completed March 03, 2022
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Example: SAW-2017-99999
SAW-2022-01039
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant
Company:
Other:
Jennifer Robertson
Atlas Environmental, Inc.
Delineation by Atlas Staff
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by
the Corps or DWR.
AJD issued on 06/28/2022 by Krysta Stygar
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? This includes other separate and distant
crossing for linear projects that require Department of the Army authorization but don't require pre -
construction notification.
No
D. Proposed Impacts Inventory
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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
If there are wetland impacts proposed on the site, then complete this question for each wetland
area impacted.
"W." will be used in the table below to represent the word "wetland".
2a. Site
2a1 Reason*
2b. Impact
2c. Type of W. *
2d. W. name *
2e.
2f. Type of
2g.
#* (?)
(?)
type* (?)
Forested*Jurisdicition*
(?)
Impact
area*
W1
Parking/gradi
ng
P
Headwater Forest
1
WL 1200
Yes
Both
0.011
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.011
2g. Total Wetland Impact
0.011
2i. Comments:
Wetland 1200 totals 0.016 acre and only 0.013 acre is proposed to be impacted for the
industrial development.
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:*
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The site layout, positing, and sizing of the proposed industrial development is designed
and engineered to avoid and minimize impacts to the greatest extent possible. There are
no proposed impacts to streams. The upper Northern region of one wetland (WL 1200)
will be impacted for parking and grading.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction
techniques: *
The French drain is a construction technique that will provide continuous flow and
minimize downstream impacts. The finished floor elevation was selected to minimize side
slopes. The square footage of the building was also downsized when compared to
conceptual drawings.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The wetland impacts are under the mitigation threshold for DWR and the Corps.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website.
F. Stormwater Management and Diffuse Flow Plan (required
by DWR)
Recent changes to the stormwater rules have required updates to this section .***
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
For a list of options to meet the diffuse flow requirements, click
If no, explain why:
The project is not located within or adjacent to waters which include Riparian Buffer Protection Rules.
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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
To look up low density requirement click here 15A NCAC 02H .1003(2).
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
Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy
state or locally -implemented stormwater programs through use of community in -lieu programs should answer no to this question.
2d. Which of the following stormwater management program(s) apply (check all that apply): *
Local Government State
If you have a local government approval please include the SMP on their overall impact map.
State Stormwater Programs*
Phase II Coastal Counties
HWQ or ORW Other
Comments:
Greater than 24% impervious cover
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)
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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 (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The project is a complete project which is not phased and has no reasonable anticipated
future impacts.
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.
We are connecting to municipal sewer
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 No
Unknown
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5e. Is this a DOT project located within Division's 1-8?*
Yes (• No
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
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
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?*
IPAC, NHP, and conducted a field assessment
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)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data:
httpt//gis.ncdcr.gov/hpoweb/
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 (e.g., National Historic Trust designation or properties
significant in North Carolina history and archaeology)?*
Yes No
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7b. What data sources did you use to determine whether your site would impact historic or archeological
resources? *
The NC HPO buffer map identified a house (Finger House) Northeast of the review area.
The site is considered not eligible for listing in the NRHP within the survey limits. These
comments were received from the State Historical Preservation Office on 09/16/2022.
TRC conducted a survey of the review area and identified no cultural resources.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
Project engineers are coordinating all FEMA requirements.
8c. What source(s) did you use to make the floodplain determination?*
FEMA NFHL google earth .kml layer
Miscellaneous
Comments
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
Finger Mill Road_NWP 18 Attachments Compressed.pdf
File must be PDF or KMZ
Signature
*
By checking the box and signing below, I certify that:
3.98MB
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• 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:*
Jacob Sinclair
Signature*
Date
12/14/2022
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