HomeMy WebLinkAbout20230261 Ver 1_ePCN Application_20230213DWR
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:
12/16/2022
BIMS # Assigned * Version#*
20230261 1
Is a payment required for this project? *
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Mooresville Regional Office - (704) 663-1699 Andrew Pitner:andrew.pitner@ncdenr.gov
Information for Initial Review
la. Name of project:
Project Independence
la. Who is the Primary Contact?*
Kroger Fulfillment Network, LLC
1b. Primary Contact Email: * lc. Primary Contact Phone: *
liz.harpole@kroger.com (720)635-5730
Date Submitted
2/13/2023
Nearest Body of Water
Irish Buffalo Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.368092
A. Processing Information
Longitude:
-80.561939
County (or Counties) where the project is located:
Cabarrus
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
1b. 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
lh. 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:
Kroger Fulfillment Network, LLC
2b. Deed book and page no.:
2c. Contact Person:
Liz Harpole
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d. Address
Street Address
1014 Vine Street
Address Line 2
City State / Province / Region
Cincinnati Ohio
Postal / Zip Code Country
45202 USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(720)635-5730
2g. Email Address:*
liz.harpole@kroger.com
4. Agent/Consultant (if applicable)
4a. Name:
Chris Tinklenberg
4b. Business Name:
4c. Address
Street Address
200 South Tryon Street
Address Line 2
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28206 USA
4d. Telephone Number: 4e. Fax Number:
(704)409-1802
4f. Email Address:*
chris.tinklenberg@kimley-horn.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Concord
2. Project Identification
2a. Property Identification Number:
5539 42 3541 0000
2b. Property size:
0.28
2c. Project Address
Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Irish Buffalo Creek
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050203
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 located at 227 Highway 49 in Concord, Cabarrus County, NC. The site is comprised of one parcel and consists
of undeveloped forested land and a recently demolished transportation development.
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:
0.017
4g. List the total estimated linear feet of all existing streams on the property:
4,776
4h. Explain the purpose of the proposed project:*
This proposed on -site roadway connection (Limits of Disturbance 0.28-acre) is part of the adjacent Project Independence 54-acre fulfillment center in Concord, Cabarrus County, NC. To
maintain separation between privately owned vehicles (POVs) and commercial vehicles, i.e. sprinter vans and tractor -trailers, the proposed project seeks an employee -only secondary
driveway access into the site.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The fulfillment center is a 200,000 square -foot building that was constructed in 2022, as there were no impacts to jurisdictional waters. The proposed driveway access will cross an
NCDOT mitigation site (Site #12) associated with TIP No. R-2533B (NC- 49 from West of Irish Buffalo Creek to East of Walker Road). The mitigation site was established to provide
permittee-responsible mitigation for the impacts associated with the R-2533B project. The proposed development seeks authorization under NWP 39 for stream impacts associated with
the installation of a culvert crossing at Stream 1. The proposed project will result in 70 LF/ 0.01-acre of permanent impacts to Stream 1.
General construction equipment includes, but are not limited to, bulldozers, excavators, front-end loaders, etc. will be used for construction purposes.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
Comments:
No G Unknown
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-2021-01846
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Chris Tinklenberg, PWS
Kimley-Horn and Associates
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
9/2/2021
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
3. Stream Impacts
Buffers
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
St
Impact 1 - S1
Permanent
Culvert
S1
Intermittent
Both
6
Average (feet)
70
(linear feet)
S2
Impact-S1
Temporary
Culvert
S1
Intermittent
Both
6
Average (feet)
100
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
70
3i. Total temporary stream impacts:
100
3i. Total stream and ditch impacts:
170
3j. Comments:
The proposed development seeks authorization under NWP 39 for stream impacts associated with the installation of a culvert crossing at Stream 1. The
proposed project will result in 70 LF/ 0.01-acre of permanent impacts to Stream 1.
• Stream 1 - Impact 1
o One (1) 48 LF 48-inch reinforced concrete pipe (RCP) will be installed at the crossing of Stream 1. The RCP will be buried 1-ft to promote the passage
of aquatic organisms. A 4 LF headwall is also proposed at the outlet of the RCP. 14-ft of rip -rap outlet protection will be installed. The installation of the
culvert will result in 70 LF/ 0.01-acre of permanent impacts to Stream 1.
0 100 LF/ 0.014-acre of temporary impacts to Stream 1 are necessary to perform the construction activities.
Overall, impacts associated with the proposed development will result in 70 LF/ 0.01-acre of permanent impacts to non -wetland waters of the US.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Avoidance and minimization efforts were implemented during development planning and design to the greatest extent practicable in order to reduce the
overall impacts on the aquatic environment while staying within nationwide permit thresholds. The final plan demonstrates maximum avoidance and
minimization efforts by reducing the proposed stream impacts. The rationale to support avoidance and minimization efforts includes the following:
• Avoidance of the remaining 4,706 LF of streams on -site.
• The culvert length has been reduced since the initial design. Initial plans from July 2022 proposed 265 LF 48-inch RCP, including 4 LF of headwalls
and 14.5 LF of rip -rap outlet protection. This plan resulted in 285 LF/0.04-acre of impacts to Stream 1.
• Additional plans from July 2022 proposed 104 LF 48-inch RCP, including 8 LF of headwalls and 16.5 LF of rip -rap inlet and outlet protection. This plan
resulted in 130 LF/ 0.018-acre of impacts to Stream 1.
• Avoidance of the wetlands on -site.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Temporary impacts have been minimized to the greatest extent practicable to meet the needs of the project and do not pose adverse alterations to the
existing channels. Erosion control measures implemented during the construction of the roadway will be removed immediately following the activities
and any disturbance will be returned to pre -construction conditions.
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:
(linear feet)
278
4c. If using stream mitigation, what is the stream temperature:
warm
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet) (acres)
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
4h. Comments
To maintain separation between privately owned vehicles (POVs) and commercial vehicles, i.e. sprinter vans and tractor -trailers, the proposed project
seeks an employee -only secondary driveway access into the site. The proposed driveway access will cross an NCDOT mitigation site (Site #12)
associated with TIP No. R-2533B (NC- 49 from West of Irish Buffalo Creek to East of Walker Road). The mitigation site was established to provide
permittee-responsible mitigation for the impacts associated with the R-2533B project. The proposed driveway access requires the installation of a 48 LF,
48-inch reinforced concrete pipe (RCP) as well as 14 LF of riprap outlet protection. Installation of the crossing will result in 70 LF of stream bed impacts.
In addition to the driveway access stream crossing, off -site roadway improvements will remove portions of the riparian buffer areas within the NCDOT
right-of-way/mitigation site. Since stream bed and riparian buffer area impacts are proposed within the mitigation site, a buffer impact analysis and
mitigation proposal were submitted to the USAGE. The Buffer Impact Request was sent to the USAGE on July 15, 2022. Eric Alsmeyer, USACE
Wilmington District Project Manager, approved the mitigation approach on July 25, 2022. The correspondence with USACE and the buffer impact
analysis calculations are attached.
In total, 108 stream mitigation credits will be lost as a result of the proposed impacts on the NCDOT mitigation site. Based on the USACE's required
mitigation ratios applied to these losses, the applicant proposes the purchase of 278 stream mitigation credits from the NCDMS.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
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:
The proposed project will not impact protected riparian buffers within one of the NC Riparian Buffer Protection Rules.
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
Comments:
This project is within NCDOT right of way. NCDOT does not require storm water detention within its ROW. The storm water systems within NCDOT right of way has been analyzed, sized
appropriately, reviewed, and approved by NCDOT's storm water division.
G. Supplementary Information O
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
1b. 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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? *
Yes No
Comments: *
The project has yet to receive a WBS number from NCDOT, therefore, the SEPA document has not been finalized by the State Clearing House.
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.
No additional or cumulative impacts are anticipated due to the construction of the proposed project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? *
Yes No N/A
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
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
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?
A review of the North Carolina Natural Heritage Program (NCNHP) database on September 15, 2021, did not indicate known occurrences of threatened
or endangered species within the project boundary. Potentially suitable habitat for threatened and endangered species on -site was surveyed. A
concurrence request letter was submitted to the USFWS on September 15, 2021. Since the project seeks impacts to suitable habitat of listed plant
species, but no occurrences were detected during the appropriate survey window, a biological conclusion of "may affect, not likely to adversely affect"
(MANLAA) was recommended to USFWS. A concurrence response letter from USFWS was received on October 4, 2022, indicating that the USFWS
was in agreeance with a MANLAA biological conclusion. A copy of USFWS's response is attached.
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? *
NCNHP element occurrence database did not indicate the presence of EFH within the project boundary.
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? *
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on August 2, 2022. No historical,
archeological, or cultural resources were identified within the site boundary. A request letter was submitted to SHPO to determine the presence of
archeological, cultural, or historic resources on August 2, 2022. A response of "no comment" was received from SHPO on August 25, 2022, and is
attached.
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?*
FIRM Panel 3710553900K
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
_20230210_Project Independence_SAW-2021-01846_NWP 39.pdf 30.28MB
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:
Chris Tinklenberg
Signature
afrc4 �cr..4-49
Date
2/13/2023
Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- 2021-01846 Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Project Independence
2. Work Type: VPrivate ❑Institutional ❑ Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
The proposed project seeks to construct an on site roadway connection to service the overall fulfillment center. Authorization is
requested under NWP 39 to install a culvert crossing at Stream 1. Overall, impacts associated with the proposed roadway connection
will result in 70 LF/ 0.01-acre of permanent impacts to non -wetland waters of the US.
4. Property Owner / Applicant [PCN Form A3 or A4]: Kroger Fulfillment Network, LLC (POC: Liz Harpole)
1014 Vine Street, Cincinnati, OH 45202; 720-635-5730; liz.harpole@kroger.com
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Chris Tinklenberg, PWS (Kimley-Horn)
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
The project is located at 227 Highway 49, Concord, Cabarrus County, NC. Project Coordinates
(decimal degrees): 35.368092,-80.561939
8. Project Location —Tax Parcel ID [PCN Form Bla]: 5539 42 3541 0000
9. Project Location —County [PCN Form A2b]: Cabarrus
10. Project Location —Nearest Municipality or Town [PCN Form A2c]: Concord
11. Project Information — Nearest Waterbody [PCN Form 132a]: Irish Buffalo Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Yadkin Pee Dee (03040105)
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
❑ Standard Permit
❑✓ Nationwide Permit #39
Regional General Permit #
Jurisdictional Determination Request
Section 10 and 404 ❑
::]Pre -Application Request
::]Unauthorized Activity
❑ Compliance
❑No Permit Required
Revised 20150602
Kimley>»Horn
February 10, 2023
Mr. Eric Alsmeyer
U.S. Army Corps of Engineers
Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Mr. Paul Wojoski
NC DWR, 401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
Re: Pre -Construction Notification (NWP #39 and Individual 401 Water Quality Certification)
Project Independence (SAW-2021-01846)
Concord, Cabarrus County, NC
Dear Mr. Alsmeyer and Mr. Wojoski:
On behalf of our client, Kroger Fulfillment Network, LLC, Kimley-Horn (KH) is submitting the enclosed Section
404/401 Pre -construction Notification for the above -referenced project for your review pursuant to Nationwide
Permit #39 and Individual 401 Water Quality Certification (WQC). The proposed project seeks to construct an
on -site roadway connection to service the overall fulfillment center. Authorization is requested under NWP 39 to
install a culvert crossing at Stream 1. The center of the project area is located at 35.368092°,-80.561939°. The
following information is included as part of this application submittal:
• Project Summary Sheet
• Pre -Construction Notification Form
• Agent Authorization
• Project Site Figures
■ Figure 1 —Vicinity
■ Figure 2 — USGS 7.5' Topo (Concord SE Quadrangle)
■ Figure 3 — Cabarrus Co. SSURGO Soils and NWI Map (2022 Nearmap Aerial)
■ Figure 4 — Existing Conditions (2022 Nearmap Aerial)
• Permit Drawings
• Preliminary Jurisdictional Determination
• Agency Correspondence
• Compensatory Mitigation
PROJECT BACKGROUND
This proposed on -site roadway connection (Limits of Disturbance 0.28-acre) is part of the adjacent Project
Independence 54-acre fulfillment center in Concord, Cabarrus County, NC. To maintain separation between
privately owned vehicles (POVs) and commercial vehicles, i.e. sprinter vans and tractor -trailers, the proposed
project seeks an employee -only secondary driveway access into the site.
The fulfillment center is a 200,000 square -foot building that was constructed in 2022, as there were no impacts to
jurisdictional waters. The proposed driveway access will cross an NCDOT mitigation site (Site #12) associated with
TIP No. R-2533B (NC- 49 from West of Irish Buffalo Creek to East of Walker Road). The mitigation site was
established to provide permittee-responsible mitigation for the impacts associated with the R-2533B project.
Kimley»>Horn
Page 2
The PJD Study Area and aquatic resources shown in the figures correspond to the fulfillment center and the
SAW-2021-01846 project.
AGENCY CORRESPONDENCE
CULTURAL RESOURCES
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on
August 2, 2022. No historical, archeological, or cultural resources were identified within the site boundary. A request
letter was submitted to SHPO to determine the presence of archeological, cultural, or historic resources on August
2, 2022. A response of "no comment" was received from SHPO on August 25, 2022 and is attached.
PROTECTED SPECIES
A review of the North Carolina Natural Heritage Program (NCNHP) database on September 15, 2021, did not
indicate known occurrences of threatened or endangered species within the project boundary. Potentially suitable
habitat for threatened and endangered species on -site was surveyed. A concurrence request letter was submitted
to the USFWS on September 15, 2021. Since the project seeks impacts to suitable habitat of listed plant species,
but no occurrences were detected during the appropriate survey window, a biological conclusion of "may affect, not
likely to adversely affect" (MANLAA) was recommended to USFWS. A concurrence response letter from USFWS
was received on October 4, 2022, indicating that the USFWS was in agreeance with a MANLAA biological
conclusion. A copy of USFWS's response is attached.
PROPOSED IMPACTS TO JURISDICTIONAL WATERS
The proposed development seeks authorization under NWP 39 for stream impacts associated with the installation
of a culvert crossing at Stream 1. The proposed project will result in 70 LF/ 0.01-acre of permanent impacts to
Stream 1.
Stream 1 — Impact 1
0 One (1) 48 LF 48-inch reinforced concrete pipe (RCP) will be installed at the crossing of Stream 1.
The RCP will be buried 1-ft to promote the passage of aquatic organisms. A 4 LF headwall is also
proposed at the outlet of the RCP. 14-ft of rip -rap outlet protection will be installed. The installation
of the culvert will result in 70 LF/ 0.01-acre of permanent impacts to Stream 1.
0 100 LF/ 0.014-acre of temporary impacts to Stream 1 are necessary to perform the construction
activities.
Overall, impacts associated with the proposed roadway connection will result in 70 LF/ 0.01-acre of
permanent impacts to non -wetland waters of the US.
AVOIDANCE AND MINIMIZATION
Avoidance and minimization efforts were implemented during development planning and design to the greatest
extent practicable in order to reduce the overall impacts on the aquatic environment while staying within nationwide
permit thresholds. The final plan demonstrates maximum avoidance and minimization efforts by reducing the
proposed stream impacts. The rationale to support avoidance and minimization efforts includes the following:
• Avoidance of the remaining 4,706 LF of streams on -site.
• The culvert length has been reduced since the initial design. Initial plans from July 2022 proposed 265 LF
48-inch RCP, including 4 LF of headwalls and 14.5 LF of rip -rap outlet protection. This plan resulted in 285
LF/0.04-acre of impacts to Stream 1.
o Additional plans from July 2022 proposed 104 LF 48-inch RCP, including 8 LF of headwalls and
16.5 LF of rip -rap inlet and outlet protection. This plan resulted in 130 LF/ 0.018-acre of impacts to
Stream 1.
• Avoidance of the wetlands on -site.
• Temporary impacts have been minimized to the greatest extent practicable to meet the needs of the project
and do not pose adverse alterations to the existing channels. Erosion control measures implemented during
Kimley»>Horn
the construction of the roadway will be removed
will be returned to pre -construction conditions.
COMPENSATORY MITIGATION
Page 3
immediately following the activities and any disturbance
To maintain separation between privately owned vehicles (POVs) and commercial vehicles, i.e. sprinter vans and
tractor -trailers, the proposed project seeks an employee -only secondary driveway access into the site. The
proposed driveway access will cross an NCDOT mitigation site (Site #12) associated with TIP No. R-2533B (NC-
49 from West of Irish Buffalo Creek to East of Walker Road). The mitigation site was established to provide
permittee-responsible mitigation for the impacts associated with the R-2533B project. The proposed driveway
access requires the installation of a 48 LF, 48-inch reinforced concrete pipe (RCP) as well as 14 LF of riprap outlet
protection. Installation of the crossing will result in 70 LF of stream bed impacts. In addition to the driveway access
stream crossing, off -site roadway improvements will remove portions of the riparian buffer areas within the NCDOT
right-of-way/mitigation site. Since stream bed and riparian buffer area impacts are proposed within the mitigation
site, a buffer impact analysis and mitigation proposal were submitted to the USACE. The Buffer Impact Request
was sent to the USACE on July 15, 2022. Eric Alsmeyer, USACE Wilmington District Project Manager, approved
the mitigation approach on July 25, 2022. The correspondence with USACE and the buffer impact analysis
calculations are attached.
In total, 108 stream mitigation credits will be lost as a result of the proposed impacts on the NCDOT mitigation site.
Based on the USACE's required mitigation ratios applied to these losses, the applicant proposes the
purchase of 278 stream mitigation credits from the NCDMS.
Please feel free to contact me at (704) 409-1802 if you have any questions or if additional information is necessary.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Chris Tinklenberg, PWS
Environmental Scientist
Kimley>>>Horn
Project Summary Sheet
Project Name: Project Independence
Applicant Name and Address: Kroger Fulfillment Network, LLC (POC: Liz Harpole)
1014 Vine Street
Cincinnati, OH 45202
Telephone Number: (720) 635-5730
Type of Request: ® Nationwide PCN (NWP #39) ❑ Individual Permit Application
❑ Jurisdictional Determination ❑ Other:
Included Attachments: ® Project Plans ® USGS Map ® NRCS Soil Survey
® Agent Authorization ❑ Delineation Sketch ® Delineation Survey
❑ Data Forms (Up & Wet) ❑ NCDWR Stream Forms ❑ USACE Stream Forms
❑ NCDMS Confirmation ® Aerial Photo ❑ Site Photos
® Agency Correspondence ❑ Other: ❑ Other:
Check if applicable: ❑ CAMA County ❑ Trout County ❑ Isolated Waters
❑ Section 7, ESA ❑ Section 106, N14PA ❑ EFH
❑ Mitigation Proposed (❑ NC EEP ❑ On -Site ❑ Off -Site ❑ Other)
County: Cabanas Nearest City/Town: Concord
Waterway: Irish Buffalo Branch River Basin: Yadkin Pee Dee
H.U.C.: 03040105 USGS Quad Name: Concord SE
Property Size (acres): 54 acres (0.27-acre LOD) Approx. Size of Jurisdiction on Site (acres): 4.28 ac
Site Coordinates (in decimal degrees): 35.368092 ON -80.561939 °W
Project Location: The subject property is located at 227 Highway 49 in Concord, Cabarrus County, NC.
Site Description: The site is comprised of one parcel and consists of undeveloped forested land and a recently demolished
transportation development.
Impact Summary (if applicable): The proposed project seeks to construct an on -site roadway connection to service the
overall fulfillment center. Authorization is requested under NWP 39 to install a culvert crossing at Stream 1. The proposed
project will result in 70 LF/ 0.01-acre of permanent impacts to Stream 1.
NWP
#
Open Water
(acres)
Wetland
(acres)
Stream Channel
Intermittent and/or Unimportant
Aquatic Function
Perennial and/or Important
Aquatic Function
Temp.
Perm.
Temp.
Perm.
Tem
Perm.
Tem
Perm.
If
ac
if
ac
if
ac
if
Ac
39
j
100
0.014
70
0.01
Total
100
0.014
70
0.01
Total Permanent (Loss) Impact to Wetland Waters of the U.S.
-
Total Permanent (Loss) Impact to Non -Wetland Waters of the U.S.
70/0.01
Kimley-Horn Contact: Chris Tinklenberg, PWS Direct Number: (704) 409-1802
Email: chris.tinklenbergkkimley-hom.com
M
o/�Q� INArF�9��
l I.�wu
O ,c
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 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 ® No
For the record only for Corps Permit:
❑ Yes ® 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
❑ No
1g.
Is the project located in any of NC's twenty coastal counties? If yes, answer
1 h below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Project Independence
2b.
County:
Cabarrus
2c.
Nearest municipality / town:
Concord
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Kroger Fulfillment Network, LLC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Liz Harpole
3d.
Street address:
1014 Vine Street
3e.
City, state, zip:
Cincinnati, OH 45202
3f.
Telephone no.:
720-635-5730
3g.
Fax no.:
3h.
Email address:
liz.harpole@kroger.com
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Chris Tinklenberg, PWS
5b.
Business name
(if applicable):
Kimley-Horn and Associates
5c.
Street address:
200 South Tryon Street, Suite 200
5d.
City, state, zip:
Charlotte, NC 28202
5e.
Telephone no.:
704-409-1802
5f.
Fax no.:
5g.
Email address:
Chris.Tinklenberg@kimley-horn.com
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
5539 42 3541 0000
1 b. Site coordinates (in decimal degrees):
Latitude: 35.368092 Longitude:-80.561939
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
0.28 acres (Limits of Disturbance)
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to proposed
Irish Buffalo Branch
project:
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Yadkin Pee -Dee (03040105)
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 located at 227 Highway 49 in Concord, Cabarrus County, NC. The site is comprised of one parcel and consists
of undeveloped forested land and a recently demolished transportation development.
3b. List the total estimated acreage of all existing wetlands on the property:
0.017 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
4,776 linear feet
3d. Explain the purpose of the proposed project:
This proposed on -site roadway connection (Limits of Disturbance 0.28-acre) is part of the adjacent Project Independence
54-acre fulfillment center in Concord, Cabarrus County, NC. To maintain separation between privately owned vehicles
(POVs) and commercial vehicles, i.e. sprinter vans and tractor -trailers, the proposed project seeks an employee -only
secondary driveway access into the site.
3e. Describe the overall project in detail, including the type of equipment to be used:
The fulfillment center is a 200,000 square -foot building that was constructed in 2022, as there were no impacts to
jurisdictional waters. The proposed driveway access will cross an NCDOT mitigation site (Site #12) associated with TIP No.
R-2533B (NC- 49 from West of Irish Buffalo Creek to East of Walker Road). The mitigation site was established to provide
permittee-responsible mitigation for the impacts associated with the R-2533B project. The proposed development seeks
authorization under NWP 39 for stream impacts associated with the installation of a culvert crossing at Stream 1. The
proposed project will result in 70 LF/ 0.01-acre of permanent impacts to Stream 1.
General construction equipment includes, but are not limited to, bulldozers, excavators, front-end loaders, etc. will be used
for construction purposes.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the Corps
or State been requested or obtained for this property / project
®Yes El No El Unknown
(including all prior phases) in the past?
Comments: SAW-2021-01846
4b. If the Corps made the jurisdictional determination, what type of
®Preliminary El Final
determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Kimley-Horn
Name (if known): Chris Tinklenberg, PWS
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
9/2/2021
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for this
project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® 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.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of
number-
Type of impact
Type of wetland
Forested
jurisdiction
Area of impact (acres)
Permanent (P) or
(if known)
(Corps - 404, 10
Temporary (T)
DWQ - non-
404, other
2g. Total wetland impacts
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.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of
Average
Impact
number -
(PER) or
jurisdiction
stream
length
Permanent (P) or
intermittent
(Corps - 404, 10
width
(linear
Temporary (T)
(INT)?
DWQ - non-
(feet)
feet)
404, other)
Impact 1 - S1
Culvert
S1
❑ PER
® Corps
6
70
®P❑T
®INT
®DWQ
Impact 1 - S1
Culvert TS1
❑ PER
® Corps
67
100
❑P®T
®INT
®DWQ
3h. Total stream and tributary impacts
3i. Comments:
The proposed development seeks authorization under NWP 39 for stream impacts associated with the installation of a culvert
crossing at Stream 1. The proposed project will result in 70 LF/ 0.01-acre of permanent impacts to Stream 1.
• Stream 1 - Impact 1
0 One (1) 48 LF 48-inch reinforced concrete pipe (RCP) will be installed at the crossing of Stream 1. The RCP
will be buried 1-ft to promote the passage of aquatic organisms. A 4 LF headwall is also proposed at the outlet
of the RCP. 14-ft of rip -rap outlet protection will be installed. The installation of the culvert will result in 70 LF/
0.01-acre of permanent impacts to Stream 1.
0 100 LF/ 0.014-acre of temporary impacts to Stream 1 are necessary to perform the construction activities
Overall, impacts associated with the proposed development will result in 70 LF/ 0.01-acre of permanent impacts to
non -wetland waters of the US.
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 individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number
(if applicable)
Type of impact
Waterbody type
Area of impact
- Permanent (P)
(acres)
or Temporary
T
41f. Total open water impacts
4g. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Pond or Lake Construction
If pond or lake construction proposed, then com fete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of
(acres)
number
p and
Exeadvat
Flooded
Filled
Excavated
Flooded
Filled
Flooded
K 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 will impact a protected riparian 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.
❑ Neuse ❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P)
for impact
Stream name
mitigation
(square feet)
(square feet)
or Temporary
required?
T
❑P❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments: The proposed project will not impact protected riparian buffers.
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Avoidance and minimization efforts were implemented during development planning and design to the greatest extent
practicable in order to reduce the overall impacts on the aquatic environment while staying within nationwide permit thresholds.
The final plan demonstrates maximum avoidance and minimization efforts by reducing the proposed stream impacts. The
rationale to support avoidance and minimization efforts includes the following:
• Avoidance of the remaining 4,706 LF of streams on -site.
• The culvert length has been reduced since the initial design. Initial plans from July 2022 proposed 265 LF 48-inch RCP,
including 4 LF of headwalls and 14.5 LF of rip -rap outlet protection. This plan resulted in 285 LF/0.04-acre of impacts
to Stream 1.
• Additional plans from July 2022 proposed 104 LF 48-inch RCP, including 8 LF of headwalls and 16.5 LF of rip -rap inlet
and outlet protection. This plan resulted in 130 LF/ 0.018-acre of impacts to Stream 1.
• Avoidance of the wetlands on -site.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Temporary impacts have been minimized to the greatest extent practicable to meet the needs of the project and do not pose
adverse alterations to the existing channels. Erosion control measures implemented during the construction of the roadway
will be removed immediately following the activities and any disturbance will be returned to pre -construction conditions.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
® DWQ ® Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this project?
® 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:
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 mitigation requested:
278 stream credits
4c. If using stream mitigation, stream temperature:
® warm ❑ cool ❑cold
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
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4h. Comments:
To maintain separation between privately owned vehicles (POVs) and commercial vehicles, i.e. sprinter vans and tractor -trailers,
the proposed project seeks an employee -only secondary driveway access into the site. The proposed driveway access will
cross an NCDOT mitigation site (Site #12) associated with TIP No. R-2533B (NC- 49 from West of Irish Buffalo Creek to East
of Walker Road). The mitigation site was established to provide permittee-responsible mitigation for the impacts associated with
the R-2533B project. The proposed driveway access requires the installation of a 48 LF, 48-inch reinforced concrete pipe (RCP)
as well as 14 LF of riprap outlet protection. Installation of the crossing will result in 70 LF of stream bed impacts. In addition to
the driveway access stream crossing, off -site roadway improvements will remove portions of the riparian buffer areas within the
NCDOT right-of-way/mitigation site. Since stream bed and riparian buffer area impacts are proposed within the mitigation site,
a buffer impact analysis and mitigation proposal were submitted to the USACE. The Buffer Impact Request was sent to the
USACE on July 15, 2022. Eric Alsmeyer, USACE Wilmington District Project Manager, approved the mitigation approach on
July 25, 2022. The correspondence with USACE and the buffer impact analysis calculations are attached.
In total, 108 stream mitigation credits will be lost as a result of the proposed impacts on the NCDOT mitigation site. Based on
the USACE's required mitigation ratios applied to these losses, the applicant proposes the purchase of 278 stream mitigation
credits from the NCDMS.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
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
❑ Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
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 riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
The proposed project will not impact protected riparian buffers within one of the NC
❑ Yes ® No
Riparian Buffer Protection Rules.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
60%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
This project is within NCDOT right of way. NCDOT does not require storm water detention within its ROW. The storm
water systems within NCDOT right of way has been analyzed, sized appropriately, reviewed, and approved by NCDOT's
storm water division.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
NCDOT
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ 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? N/a
4.
DWQ Stormwater Program Review
❑ 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 of approval been
attached?
❑ Yes ® No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements? N/A
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? NCDOT is paying for a portion of this work (—$2
® Yes
❑ No
million)
1 b.
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)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes
® No
Comments: The project has yet to receive a WBS number from NCDOT, therefore,
the SEPA document has not been finalized by the State Clearing House.
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
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® 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.
No additional or cumulative impacts are anticipated due to the construction of the proposed project.
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:
There is no Sewage disposal associated with the project.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b.
Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
❑ Raleigh
5c.
If yes, indicate the USFWS Field Office you have contacted.
® Asheville
5d.
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A review of the North Carolina Natural Heritage Program (NCNHP) database on September 15, 2021, did not indicate
known occurrences of threatened or endangered species within the project boundary. Potentially suitable habitat for
threatened and endangered species on -site was surveyed. A concurrence request letter was submitted to the USFWS on
September 15, 2021. Since the project seeks impacts to suitable habitat of listed plant species, but no occurrences were
detected during the appropriate survey window, a biological conclusion of "may affect, not likely to adversely affect"
(MANLAA) was recommended to USFWS. A concurrence response letter from USFWS was received on October 4, 2022,
indicating that the USFWS was in agreeance with a MANLAA biological conclusion. A copy of USFWS's response is
attached.
6.
Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b.
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NCNHP element occurrence database did not indicate the presence of EFH within the project boundary.
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 ® 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?
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on August 2,
2022. No historical, archeological, or cultural resources were identified within the site boundary. A request letter was
submitted to SHPO to determine the presence of archeological, cultural, or historic resources on August 2, 2022. A
response of "no comment" was received from SHPO on August 25, 2022, and is attached.
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? FIRM Panel 3710553900K
Chris Tinklenberg, PWS
2/10/2023
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version
AGENT AUTHORIZATION
AGENT AUTHORIZATION FORM
Name: 1<.roger Fulfillment Network LLC
Address: 1014 Vine Street; Cincinnati, OH 45202-1100
Phone: 720-635-5730
Email:_liz.harpole(c�r�,kroger.com
Project Name/Description: Project Independence - 227 Highway 49, South, Concord, NC 28025-
8907
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Charlotte Regulatory Field Office
Attention: Crystal Amschler and Steve Kichefski
Re: Wetland Related Consulting and Permitting
The undersigned, Kroger Fulfillment Network LLC, hereby designates and authorizes Kimley-
Horn and Associates, Inc. to act in my/our behalf as my/our agent solely for the purpose of
processing Jurisdictional Determinations, Section 404 permits/Section 401 Water Quality
Certifications applications andto furnish upon request supplemental information in support of
applications, etc. from this day forward until successful completion of the permitting process or
revocation by the owner.
In addition, the undersigned, under contract to purchase the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) to enter upon the property herein described for the purpose of conducting on -site
investigations and issuing a determination associated with Waters of the U.S. subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and
Harbors Act of 1899.
Authorized this the 47A day of August, 2021.
Kr(
an
Print Name: Rick J. Landrum
Title: Vice President
FIGURES
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Figure 1
Legend Vicinity Map
Kimley > Horn Limits of Disturbance Project Independence (SAW-2021-01846)
Concord, Cabarrus County, NC
SAW-2021-01846 PJD Study Area
February 2023
Legend ��
Limits of Disturbance
' 4
SAW-2021-01846 PJ D Study Area 1.
W
Feet
0 1,000 2 000
Figure 2
USGS Topographic (Concord SE) Map
Project Independence (SAW-2021-01846)
Kim ey >> Horn Concord, Cabarrus County, NC
February 2023
Legeird
mits of Disturbance Hydric Rating
W-2021-01846 PJD Study Area Not Hydric (0%)
pped Wetlands (NWI) Hydric (1-32%)
URGO Soils
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Figure 3
SSURGO Soils and NWI Map
Project Independence (SAW-2021-01846)
Concord, Cabarrus County, NC
February 2023
' Legend
Limits of Disturbance Streams++'
SAW-2021-01846 PJD Study Area Perennial, f
Existing Contours Intermittent%.
Wetlands
tax
;� HWy 49 NC HwY
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Figure 4
Existing Conditions
Project Independence (SAW-2021-01846)
Concord, Cabarrus County, NC
February 2023
PERMIT DRAWINGS
CONSTRUCTION PLANS For
PROJECT INDEPENDENCE
ROADWAY CONSTRUCTION DOCUMENTS
CONCORD, NORTH CAROLINA
JAN UARY 2023
GRAPHIC SCALE IN FEET
0 50 1DO 200
NORTry
i
ara�
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is�C ---
/ SEE SITE PLANS BY KIMLEY-HORN I
1
SHEET 4
SHEET 5 11
SHEET 6
_
/A�NIAV
v
PLANS FUR
ST A BUFFER DETAILS
SIGNAL PLANS TO BE
ADDED IN A LATER PHASE.
NC-49
POSTED SPEED = 55MPH
DESIGN SPEED = 60 MPH
NOTES:
ALL NECESSARY INSPECTIONS AND/OR CERTIFICATIONS REQUIRED BY CODES AND/OR
UTILITY SERVICE COMPANIES SHALL BE PERFORMED PRIOR TO THE FINAL
CONNECTIONS OF SERVICES.
ATTENTION IS DRAWN TO THE FACT THAT THE SCALE OF THESE DRAWINGS MAY
HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS.
THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN,
AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND
CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER RELIANCE ON THIS
DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY—HORN
AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KINLEY—HORN AND
ASSOCIATES, INC.
gym. mpeme� with me po„oepts pod desl.os p,eseo— hea�o, ps pp �„etrpme„� of .... . Ts m�e„ded poly o,
PREPARED IN THE OFFICE OF:
Kimley))Horn
OWNER ENGINEER SURVEYOR
KROGER SPECIAL PROJECTS DELIVERY TEAM KIMLEY—HORN AND ASSOCIATES, INC. MCKIM AND CREED
1600 ORMSBY STATION COURT 200 SOUTH TRYON STREET TIM VAN GELDER, PLS I GEOMATICS
LOUISVILLE, KY 40223 SUITE 200 REGIONAL DIRECTOR — MID ATLANTIC
TEL: (502) 500-0117 CHARLOTTE, NORTH CAROLINA 28203 T 919.233.8091 1 M 919.618.3042
CONTACT: ERIN BIRCH (704) 333-5131 TEL 1730 VARSITY DRIVE, VENTURE IV BUILDING
EMAIL: ERIN.BIRCH@KROGER.COM (704) 333-0845 FAX SUITE 500, RALEIGH, NC 27606-2689
CONTACT: JOEY RACER, P.E.
pum se and client Tar which Il was prepared. Reuse ai and Impr per reliance op U,r' document without w01— puth orizptran pad pd pp-l., 11 —le H— and Assacrptes Inc shall de Mlh— Irpplllly to Klmley—Ho,, c
SHEET LIST
SHEET NO: SHEET TITLE:
01
COVER SHEET
1A
GENERAL NOTES
1B
LEGEND
2A TO 2B
TYPICAL SECTIONS
2C TO 2E
DETAILS
3A
TURNING MOVEMENTS
3B TO 3E
SIGHT DISTANCE PROFILES
4 TO 6
ROADWAY PLANS
7
DRIVEWAY PROFILES
8 TO 9
DRAINAGE PROFILES
10
RETAINING WALL PROFILE
11
CULVERT DETAILS
TCP-1
TRAFFIC CONTROL NOTES
TCP-2
TRAFFIC CONTROL PHASE 1
TCP-3
TRAFFIC CONTROL PHASE 2
TCP-4
TRAFFIC CONTROL PHASE 3
TCP-5
TRAFFIC CONTROL PHASE 4
TCP-6
TRAFFIC CONTROL PHASE 5
PM-1
PAVEMENT MARKING AND SIGNING
EC-1
EROSION CONTROL NOTES
EC-2
EROSION CONTROL DETAILS
EC-3 TO EC-4
EROSION CONTROL PHASE 1
EC-5 TO EC-6
EROSION CONTROL PHASE 2
XS-01 TO XS-08
CROSS SECTIONS
sties.
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PRINCE �
NC 49 CIRCLE 9�9
F2
Ri�FR �� ti
PROJECT LOCATION MAP
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SHEET NUMBER
01
GENERAL NOTES I GENERAL NOTES I ABBREVIATIONS
PROPOSED CURB ELEVATIONS:
THE CONTRACTOR SHALL SET AND ADJUST PROPOSED CURB ELEVATIONS AS NECESSARY TO ENSURE
PROPER LONGITUDINAL GRADE FOR DRAINAGE. THE CONTRACTOR SHALL RETAIN EXISTING
PAVEMENT, UNLESS OTHERWISE NOTED.
DRIVEWAYS AND SIDEWALKS:
PROPOSED DRIVEWAY ENTRANCE DIMENSIONS ARE FROM EXPANSION JOINT TO EXPANSION JOINT. MATCH
REPLACEMENT MATERIALS TO THE EXISTING SURFACE ACCORDINGLY'.
FOR CONCRETE AND ASPHALT DRIVEWAY PAVEMENT SECTIONS
GRAVEL- SIX INCH INCIDENTAL STONE
SIDEWALK SHALL BE FOUR INCHES THICK, AND SIX INCHES THICK AT DRIVEWAY CROSSINGS, PER
NCDOT STD. NO. 848.01.
CROSS SLOPES ON SIDEWALKS SHALL NOT EXCEED 2.0%.
RUNNING SLOPES ALONG SIDEWALKS SHALL NOT EXCEED 5.0%, OR THE ADJACENT ROADWAY SLOPE
AS MEASURED AT THE GUTTER PAN, WHICHEVER IS GREATER.
A TURNING SPACE (LANDING) SHALL BE PROVIDED AT ALL LOCATIONS WHERE A PEDESTRIAN MIGHT
TURN TO CHANGE DIRECTION OF TRAVEL. THE LANDING SHALL BE A MINIMUM OF 4 FEET BY 4 FEET,
UNLESS NOTED BY THE ENGINEER. TYPICALLY LANDING DIMENSIONS WILL MATCH SIDEWALK WIDTH.
THE LANDING ALSO SHALL NOT EXCEED 2.0 % SLOPE MEASURED PERPENDICULAR TO THE ROADWAY.
THE LANDING ALSO SHALL NOT EXCEED 2.0 % OR ADJACENT ROADWAY SLOPE, WHICHEVER IS
GREATER, MEASURED PARALLEL TO THE ROADWAY.
A GROSS SLOPE TRANSITION PANEL MAYBE REQUIRED WHERE PROPOSED SIDEWALK MEETS
EXISTING SIDEWALK WITH A CROSS SLOPE GREATER THEN 2.0%. THE TRANSITION PANEL SHALL NOT
EXCEED 2.0 % ON THE SIDE OF THE PROPOSED SIDEWALK AND/OR RAMP, AND SHALL MATCH THE
EXISTING CROSS SLOPE ON THE SIDE OF THE EXISTING SIDEWALK.
DRAINAGE STRUCTURES:
GRADES, ELEVATIONS AND LOCATIONS SHOWN ARE APPROXIMATE. AS DIRECTED BY THE ENGINEER, THEY
MAY BE ADJUSTED TO ACCOMMODATE UNFORESEEN CONDITIONS. STATIONS, OFFSETS AND ELEVATIONS
REFER TO THE CENTER OF DROP INLETS, MANHOLES AND JUNCTION BOXES, AND THE MIDPOINT OF THE LIP
FOR CATCH BASINS, PIPE AND BOX CULVERT LENGTHS ARE REPORTED IN THE CONSTRUCTION DOCUMENTS
FROM CENTER OF STRUCTURE TO CENTER OF STRUCTURE, INCLUDING TRANSITIONS, HORIZONTAL AND
VERTICAL BENDS. ALL PIPES SHALL BE RCP CLASS III, UNLESS OTHERWISE NOTED.
WEEP HOLES ARE TO BE CONSTRUCTED AS DIRECTED BY THE ENGINEER. IF REQUIRED, WEEP HOLES ARE
TO BE CONSTRUCTED IN THE BOTTOM OF THE STRUCTURE. ATTACH HARDWARE CLOTH (ALUMINUM OR
GALVANIZED STEEL NO. 4 WIRE REINFORCEMENT) TO THE OUTSIDE OF THE STRUCTURE WITH HEAVY DUTY
CONSTRUCTION ADHESIVE OVER THE WEEP HOLE. PLACE A POROUS FABRIC BAG FILLED WITH ONE CUBIC
FOOT OF NO. 78M STONE AT EACH WEEP HOLE AGAINST THE HARDWARE CLOTH. THERE WILL BE NO
SEPARATE PAYMENT FOR THIS WORK.
I ITII ITIFS-
1. THE CONTRACTOR IS RESPONSIBLE FOR HORIZONTALLY AND VERTICALLY LOCATING AND
PROTECTING ALL PUBLIC OR PRIVATE UTILITIES (SHOWN OR NOT SHOWN) WHICH LIE IN OR ADJACENT TO
THE CONSTRUCTION SITE. AT LEAST 48 HOURS PRIOR TO ANY DEMOLITION, GRADING, OR
CONSTRUCTION ACTIVITY, THE CONTRACTOR SHALL CONTACT NORTH CAROLINA 811 (NC811) AT 811 OR
(8O0)6324949 TO COORDINATE FOR THE IDENTIFICATION OF EXISTING UTILITIES WITHIN THE SITE.
2. SHOULD ANY UNCHARTED OR INCORRECTLY CHARTED UTILITIES BE ENCOUNTERED, THE
CONTRACTOR SHALL CONTACT THE OWNER IMMEDIATELY FOR DIRECTIONS.
3. CONTRACTOR SHALL COORDINATE ANY INTERRUPTION OF UTILITY SERVICE WITH ON/NER AND
RESPECTIVE UTILITY COMPANY REPRESENTATIVE.
4. THE CONTRACTOR IS RESPONSIBLE FOR THE LOCATION AND PROTECTION OF ALL EXISTING
UTILITIES DURING CONSTRUCTION. AT LEAST 48 HOURS PRIOR TO ANY DEMOLITION, GRADING, OR
CONSTRUCTION ACTIVITY THE CONTRACTOR SHALL NOTIFY THE UTILITY PROVIDER FOR PROPER
IDENTIFICATION OF EXISTING UTILITIES WITHIN THE PROJECT SITE.
5. ANY PLANNED INTERRUPTION OF UTILITY SERVICE SHALL BE GIVEN A48 HOUR NOTICE TO THE
UTILITY COMPANY AND THE OWNER.
6. CONTRACTOR SHALL SAW CUT, REMOVE, AND REPLACE ASPHALT PAVEMENT AS NECESSARY TO
INSTALL UNDERGROUND ELECTRIC.TELEPHONE. SEWER. WATER. AND COMMUNICATION CONDUITS.
7. ALL ELECTRICAL WORK SHALL BE DONE IN ACCORDANCE WITH LOCAL POWER COMPANY
STANDARDS.
8. ALL UTILITIES ARE TO BE UNDERGROUND.
9. THE CONTRACTOR SHALL ADJUST ALL WATER VALVES, METER BOXES AND WATER VAULTS TO
FINISHED GRADE. WATER METERS LOCATED IN SIDEWALKS OR CONCRETE DRIVEWAYS SHALL BE
INSTALLED WITHIN CONCRETE BOXES.
EXISTING SANITARY SEWER AND WATER LINE:
THE CONTRACTOR SHALL USE CARE WHEN WORKING AROUND SANITARY SEWERS AND WATER LINES.
SHOULD THE CONTRACTOR DAMAGE EXISTING SEN/ER OR WATER LINES, HE SHALL IMMEDIATELY
REPLACE THE LINE AT HIS EXPENSE WITH DUCTILE IRON PIPE. THE CONTRACTOR SHALL REPLACE
SANITARY SEWER AND/OR WATER LINE, WITH A MINIMUM TEN FOOT SECTION OF DUCTILE IRON PIPE
WHEN DRAINAGE PIPE COMES WITHIN TWO FEET OF SAID LINES, VERTICALLY OR HORIZONTALLY.
CONTRACTOR SHALL INSTALL WATER TIGHT MANHOLE LIDS IN ALL SANITARY SEWER MANHOLES WITHIN
PROPOSED CURB LINES.
MAIL BOXES:
THE CONTRACTOR SHALL RELOCATE ALL MAIL BOXES AS REQUIRED BY SECTION 107-11 OF THE NCDOT
STANDARD SPECIFICATIONS FOR ROADS AND STRUCTURES. COORDINATE THIS WORK WITH THE U.S.
POSTAL SERVICE.
90011mm
THE CONTRACTOR SHALL REMOVE AND RESET FENCES AS NOTED ON THE PLANS AND/OR AS DIRECTED
BY THE ENGINEER.
TREES, SHRUBS, AND HEDGES:
THE CONTRACTOR IS REQUIRED TO REMOVE TREES, SHRUBS, AND HEDGES WITHIN THE EASEMENT
LINES UNLESS SHOWN ON THE PLANS TO BE PROTECTED. WHEN ROOT PRUNING IS NECESSARY, CUT
ROOTS CLEANLY USING A DISC TRENCHER IN ACCORDANCE WITH SECTION 01000 OF THE CITY OF
CHARLOTTE LANDSCAPE CONSTRUCTION STANDARDS. PRUNING SHALL BE PER THE LATEST STANDARD
OF THE LANDSCAPE CONSTRUCTION STANDARDS MANUAL (TYP.) USE PLYWOOD FORMS WHEN TREE
ROOTS ARE ADJACENT TO PROPOSED CURB & GUTTER OR SIDEWALK. USE OLD STD. 40.11 FOR BRIDGING
TREE ROOTS. TREES SPECIFIED BY THE PLANS TO HAVE ASPHALT CURBING MUST USE OLD STD. 40.13.
TREE PROTECTION SHALL BE IN ACCORDANCE WITH OLD STD. 40.02. WHEN THE TREE IS CLOSE TO THE
WORK AREA TREE PROTECTION OLD STD. 40.12 SHALL BE USED.
SIDE SLOPES:
ABAND ............................
ABANDONED
NTS .......................
NOT TO SCALE
A.D...................................ALGEBRAIC
DIFFERENCE
O/H ........................
OVER HEAD
LIMITS OF PROPOSED SLOPES ARE INDICATED IN THE PLANS, DETAILS AND STANDARD DRAWINGS. THE
ASPH...............................ASPHALT
OC .........................
ON CENTER
MAXIMUM SLOPE SHALL NOT EXCEED A 31 (HORIZONTAL TO VERTICAL) UNLESS DESIGNATED BY THE
APPROX..........................APPROXIMATELY
PAVT
PAVEMENT
ENGINEER. A GUT SLOPE OF 2:1 MAXIMUM WILL BE USED ONLY AS DIRECTED BY THE ENGINEER.
B/C...................................BACK
OF CURB
PC ..........................
POINT OF CURVATURE
BIT...................................BITUMINOUS
PERM ....................
PERMANENT
BM ...................................
BENCH MARK
PG .........................
PAGE
EROSION CONTROL:
ERG .................................
BEARING
PI...........................
POINT OF INT
H,
SEE EROSION CONTROL PLANS ON SHEETS EC-1 TO EC-5 BY KIMLEY HORN FOR EROSION CONTROL
GB....................................CATCH
C&G.................................CURB
BASIN
AND GUTTER
PK..........................PKNAILSET
PP..........................POWER
POLE
o
MEASURES.
CL....................................
CLEARANCE OIL
PROP ....................
PROPOSED
>
FENCE.............................CHAIN
LINK FENCE
PSE ......................
PERM SW ESMT
L
CMP.................................CORRUGATED
MTL PIPE
PT ..........................
POINT OF TANGENCY
ACCESSIBLE RAMPS AND DEPRESSED CURB:
GONG ..............................CONCRETE
PVI.........................
POINT OF VERT INT
CONST............................
CONSTRUCTION
PUE .......................
PERM UTILITY ESMT
DB....................................DEED
BOOK
.
r............................
RADIUS
THE CONTRACTOR SHALL CONSTRUCT 6-INCH THICK CONCRETE ACCESSIBLE CURB RAMPS AT
DOB .................................
DOUBLE CB
RT ..........................
INTERSECTIONS IN ACCORDANCE WITH THE LATEST REVISIONS FOR ACCESSIBLE CURB RAMPS DETAILS,
DI .....................................
DROP INLET
POP .......................
REINFORCED CONC PIPE
"PROPOSED ACCESSIBILITY GUIDELINES FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY"
DIA
DIAMETER
RELOC..................
RELOCATE
(PROWAG), CONSTRUCTION PLANS & NCDOT STANDARD DRAWINGS.
DW...................................DRIVEWAY
R/W........................
RIGHT OF WAY
6
RUNNING SLOPES ALONG CURB RAMPS SHALL NOT EXCEED 8.3%, BUT SHALL NOT REQUIRE THE RAMP
DIM ..................................
DIMENSION
S ............................
OUTH
DRAIN
z
LENGTH TO EXCEED 15 FEET, UNLESS OTHERWISE DIRECTED BY THE ENGINEER. ALL PANELS OF THE E............. .......................... EAST/EASTING SO ......................... STORM
RAMP MUST EQUAL THE SAME PERCENTAGE.
EA ....................................
EACH
BE ..........................
SQUARE FOOT
FLARES SHALL BE 10.0 % MAXIMUM SLOPE (WHERE APPLICABLE). UNLESS OTHERWISE DIRECTED 8Y THE
ELEV................................
EDP .................................
ELEVATION
EDGE OF PAVEMENT
S/R FENCE...........
SS.............. ............
SPLIT RAIL FENCE
SANITARY SEWER
ENGINEER.
ESMT
STA........................STATION
RAMP CROSS SLOPE SHALL NOT EXCEED 2.0%, OR THE ADJACENT ROADWAY SLOPE AS MEASURED AT
...............................EASEMENT
EXIST...............................EXISTING
STD.......................
STANDARD
L
THE GUTTER PAN, WHICHEVER IS GREATER.
F/C...................................FACE
OF CURB
SW .........................
SIDEWALK
FES..................................FLARED
END SECTION
TA .......................
TANGENT
O
SAWCUTS:
FH....................................
FIRE HYDRANT
TOE .......................
TEMP GONST ESMT
FOC.................................FIBER
OPTIC CABLE
TEMP .....................
TEMPORARY
cr
THE CONTRACTOR SHALL SAN/CUT EXISTING ASPHALT AND/OR CONCRETE SURFACES PRIOR TO
GV....................................GAS
VALVE
TP..........................
TRAVERSE POINT
REMOVAL UNLESS OTHERWISE DIRECTED BY THE ENGINEER. SAW CUT WIDTH SHALL BE 1 FOOT
HORIZ..............................HORIZONTAL
T/W ........................
TEST WIRE
MINIMUM FROM THE EXISTING EDGE OF PAVEMENT. SAN/ CUT PAVEMENT SHALL BE REPLACED AS
INT...................................INTERSECTION
TYP ........................
TYPICAL
I� o o n o
WELL AS ADDITIONAL PAVEMENT REQUIRED TO TIE-IN TO FACE OF PROPOSED CURB AND GUTTER.
INV...................................INVERT
U/G........................
UNDER GROUN❑
�� a M
SAWCUT & MILLING LIMITS MAY BE REDUCED PER DISCRETION OF NCDOT INSPECTOR.
IP......................................IRON
PIN SET
VC .........................
VERTICAL CURVE
ue m
L.......................................LENGTH
VERT .....................
VERTICAL
�o N o. u
LF.....................................
LINEAR FOOTAGE
W
WEST
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TRAFFIC CONTROL:
T...................................-LEFT
w/..........................
WITH
x
L
POUND
VIM ........................
WATER METER W
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STATE ROADS: TRAFFIC CONTROL SHALL IN ACCORDANCE WITH THE MOST CURRENT EDITION OF NGDOT
......................................
LP
POLE
VAULT ...................
WATER VAULT
�
Y
STANDARDS, MUTCD STANDARDS, AND THE TRAFFIC CONTROL PLANS.
.....................................LIGHT
WV
WATER VALVE
�
CITY ROADS'. TRAFFIC CONTROL SHALL BE IN ACCORDANCE WITH THE "WORK AREA TRAFFIC CONTROL
MAX.................................MAXIMUM
MIN.O
MINIMUM
.........................
6O ........................SIXTY
P
PENNY NAIL SET
N
HANDBOOK" (WATCH) AND THE TRAFFIC CONTROL PLANS.
.............................
MONO
.........................FOOT
..............................MONOLITHIC
..................................MILES
PER HOUR
".............................INCH
■ m
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MTL
MTL..................................METAL
Y
N......................................
NORTH/NORTHING
STANDARDS
H nCA Ro`
`?O�DEE5slo
THE FOLLOWING STANDARDS AND THE LATEST REVISION THERETO ARE APPLICABLE TO THIS
PROJECT AND BY REFERENCE ARE CONSIDERED A PART OF THESE PLANS. NCDOT STANDARDS
SELL e
SHALL BE USED. CHARLOTTE LAND DEVELOPMENT STANDARDS MAY BE USED IF THERE IS NOT
AN APPLICABLE NCDOT STANDARD.
y
- 945999
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In 4�
300.01............................................ METHOD OF PIPE INSTALLATION
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310.02............................................ PARALLEL PIPE END SECTION
310.03............................................ CROSS PIPE END SECTION
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............................................
840.00 CONCRETE BASE PAD FOR DRAINAGE STRUCTURES
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840.01............................................ BRICK CATCH BASIN - 12" THRU 54" PIPE
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840.03............................................ FRAME, GRATES AND HOOD -FOR USE ON
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840.31 CONCRETE JUNCTION BOX- 12" THRU 55" PIPE
840.54............................................ MANHOLE FRAME AND COVER
840.72............................................ PIPE COLLAR
846.01............................................ CONCRETE CURB, GUTTER AND CURB & GUTTER
846.03............................................ FUNNEL DRAIN INSTALLATION IN SHOULDER BERM GUTTER
848.05............................................ CURB RAMP
' ^
v,
852.01............................................ CONCRETE ISLANDS
1 1 1
876.02............................................ GUIDE FOR RIP RAP AT PIPE OUTLETS
LLI
876.04............................................ DRAINAGE DITCHES WITH GLASS'B' RIP RAP
904.10............................................ ORIENTATION OF GROUND MOUNTED SIGNS
904.30............................................ SUPPLEMENTAL SIGN MOUNTING
O
904.50............................................ MOUNTING OF TYPE 'D','E' AND SIGNS ON
7
'U' CHANNEL POSTS
L
1101.01............................................ WORK ZONE ADVANCE WARNING SIGNS
10.02............................................ PORTABLE WORK ZONE SIGNS
J1
1115.01............................................ FLASHING ARROW BOARDS
1130.01............................................ DRUMS
1135.01............................................ CONES
1145.01............................................ BARRICADES -TYPE III
1150.01............................................ FLAGGING DEVICES
LIJ
1170.01............................................ POSITIVE PROTECTION
7
1180.01............................................ SKINNY DRUM
L
1205.01............................................ PAVEMENT MARKINGS- LINE TYPES AND OFFSETS
w
1205.04............................................ PAVEMENT MARKINGS - INTERSECTIONS
1205.07............................................ PAVEMENT MARKINGS- PEDESTRIAN CROSSWALKS
(•'
1205.08............................................ PAVEMENT MARKINGS- SYMBOLS AND WORD MESSAGES
v
1205.09............................................ PAVEMENT MARKINGS - PAINTED ISLANDS
1250.01............................................ PAVEMENT MARKER SPACING
1251.01............................................ RAISEDPAVEMENT MARKERS -PERMANENT AND TEMPORARY
U
1605.01............................................ TEMPORARY SILT FENCE
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PLANTING INFORMATION
(AR) OCTOBER GLORY RED MAPLE
•
(QP) WILLOW OAK
(CJ) JAPANESE CEDAR
(10) GREEN LEAF AMERICAN HOLLY
(MG) D.D. BLANCHARD' SOUTHERN MAGNOLIA
(PT) LOBLOLLY PINE
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(IA) SAVANNAH HOLLY
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(XCL) LEYLAND CYPRESS
(LI A) ALGA' CRAPE MYRTLE
p
(B T) CRIMSON PYGMY BARBERRY
e
(LJ) JAPANESE PRIVET
(MC) WAX MYRTLE
HL YELLOW DAYLILY
(LS) LI RIOPE
PV—TREELINE
PV—T%T
PROPOSED PAVEMENT INFORMATION
234 SOD N223B'12"W
PROPOSED CENTERLINE
ggyyy
PROPOSED CURB
PROPOSED EDGE OF PAVEMENT
PROPOSED SIDEWALK/GONG
PROPOSED DRIVEWAY
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PROPOSED FENCE
PROPOSED RETAINING WALL
PROPOSED SIGNAL CONDUIT
PROPOSED SAWCUT PAVEMENT
PROPOSED GRAVEL ROAD
PROPOSED PAVEMENT HATCH
PROPOSED CONCRETE HATCH
PROPOSED PAVEMENT REMOVAL HATCH
PROPOSED GRAVEL HATCH
PROPOSED MILL AND OVERLAY
PROPOSED OMITS OF OVERLAY
PROPOSED PAVEMENT MARKINGS
r ^� n ♦
PROPOSED STRIPING SYMBOLS
PROPOSED GUIDE RAIL
PROPOSED FUTURE SYMBOLOGY
Z �
PROPOSED SIGN AGE
ISp'�I
PP —TEXT
PROPOSED TOPO INFORMATION
�B-100?
PROPOSED BORING
PROPOSED DETENTION
PROPOSED GRADING LIMITS
644
PROPOSED MAJOR CONTOUR
PROPOSED MINOR CONTOUR
�100.00
PROPOSED SPOT ELEVATION
C C
PROPOSED CUT LIMITS
F F
PROPOSED CUT LIMITS
PROPOSED DITCH
> >
PROPOSED DITCH BL
PROPOSED UTILITY INFORMATION
—TV�STUB
PROPOSED CABLE TV
4" C of of �-
PROPOSED ELECTRIC
uE
UNDERGROUND ELECTRIC
fo�STUB
PROPOSED FIBER OPTIC
�♦ � �STUB
PROPOSED GAS
UT
PROPOSED TELEPHONE
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PROPOSED SANITARY
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15 RCMP
PROPOSED STORM
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PROPOSED STORM UNDER DRAT
W I3+��STUB
PROPOSED DOMESTIC WATER
IR ��SNB
PROPOSED IRRIGATION
S.D. #1
PROPOSED SOFT DIG
PU-TXi
PROPOSED STRUCTURAL INFORMATION
PROPOSED STRUCTURE
PROPOSED BUILDING HATCH
�
9r �
PS-TXT
PROPOSED BOUNDARY INFORMATION
.,STANCE
�
PROPOSED PROPERTY LINE
PROPOSED ROW
reaw reox
E
E
PROPOSED EASEMENT
JD
SETBACH
PROPOSED SETBACK
BUFFER
PROPOSED BUFFER
UTE
UTE
PROPOSED UTILITY EASEMENT
SDE
ICE
PROPOSED STORM EASEMENT
e
e
PROPOSED TCE EASEMENT
SE
PROPOSED SIDEWALK EASEMENT
PROPOSED SIDEWALK/UTILITY
SUE
SUE
EASEMENT
CE
PROPOSED CONSERVATION
EASEMENT
LOD
LOD
PROPOSED LIMITS OF
DISTURBANCE
PROPOSED SANITARY SEWER
SSE
EASEMENT
PROPOSED WATER LINE
WLE
WlE
EASEMENT
OUE
OUE
PROPOSED OVERHEAD UTILITY
EASEMENT
UUE
UUE
PROPOSED UNDERGRAOUND
UTILITY EASEMENT
CMF
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_ _ IN GEOTEGHNICAL REPORT BY TERRAGON R
----- ------ - - - - - - - - - -
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PROPOSED 2'-6" CURB AND GUTTER
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PROPOSED MILL AND INLAY LIMITS
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LEGEND FOR PROPOSED IMPROVEMENTS
PROPOSED 2'-6" CURB AND GUTTER
PROPOSED TRAFFIC FLOW
PROPOSED CONCRETE/C&G
PROPOSED MILL AND INLAY LIMITS
PROPOSED FULL DEPTH PAVEMENT/SAWCUT
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LEGEND FOR PROPOSED IMPROVEMENTS
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PROPOSED TRAFFIC FLOW
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D = 1'22'15"
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HIGH POINT
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10
H
W1 (FT.)
ELEVATION
W2 (FT.
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8" O.C.(TYP.)
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FOR BAR SIZE
8" O.C.(TYP.)
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NOTES:
* THIS PRECAST ENDWALL MAY BE USED FOR THE FOLLOWING
STANDARDS: 838.01, 838.11, 838.21, 838.27, 838.33,
838.39, 838.51, 838.57, 838.63 AND 838.69.
* INSTALL PRECAST ENDWALLS WITH WINGS AND PAY
FOR IN ACCORDANCE WITH SPECIFICATION SECTION 838.
* USE 4000 PSI CONCRETE.
* PROVIDE ALL REINFORCING STEEL WHICH MEETS ASTM A615
FOR GRADE 60 AND WELDED WIRE FABRIC CONFORMING
TO ASTM A185 WITH 2" MIN. CLEARANCE.
* PLACE LIFT HOLES OR PINS IN ACCORDANCE WITH
OSHA STANDARD 1926.704.
* PIPE TO BE GROUTED INTO HEADWALL AT JOB SITE BY
CONTRACTOR
* ALL ELEMENTS PRECAST TO MEET ASTM C913.
* WELDED WIRE FABRIC MAY BE SUBSTITUTED FOR REBAR
AS LONG AS THE SAME AREA OF STEEL IS PROVIDED.
* CHAMFER ALL CORNERS 1" OR HAVE A RADIUS OF 1".
NOTE: THE MINIMUM BAR SIZE SHALL BE #5 BARS
AT 8" CTS.THE CONTRACTOR WILL HAVE THE OPTION
TO INCREASE THIS BAR SIZE AS NEEDED.
ENDWALL DIMENSIONS
FT.
MINIMUM
MIN./MAX.
MIN./MAX.
MIN./MAX.
MIN./MAX.
MIN./MAX.
PIPE DIA.
BAR SIZE
H1(FT.)
H2(FT.)
D (FT.)
W1
W2
1.0
#5 @ 8"
1.25/2.00
2.00/3.75
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1.25
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1.25/2.00
3.00/3.75
1.25/2.00
3.50/3.75
6.50/6.75
1.50
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1.25/2.00
3.00/4.25
1.50/2.50
3.50/3.75
6.50/6.75
2.0
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1.50/2.50
4.00/4.75
1.75/2.50
4.00/4.25
7.50/8.25
2.5
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2.50/3.50
4.00/6.00
2.00/3.00
4.50/5.50
10.00/11.50
3.0
#5 @ 8"
3.00/3.50
5.00/6.00
2.75/3.50
5.25/5.75
11.50/11.75
3.5
#5 @ 8"
3.25/4.50
6.00/6.75
3.25/3.50
6.00/6.75
12.00/13.25
4.0
#5 @ 8"
3.50/4.50
6.50/7.00
3.25/3.50
6.50/6.75
13.00/13.25
4.5
#5 @ 8"
4.00/5.00
6.50/8.50
3.25/4.00
7.00/9.25
13.50/15.75
5.0
#5 @ 8"
4.50/5.00
7.00/8.50
3.25/4.00
7.25/9.25
13.75/15.75
5.5
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4.50/5.00
7.50/8.50
3.25/4.00
7.25/9.25
14.00/15.75
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SHEET NUMBER
11
GENERAL CONSTRUCTION NOTES
GROUND STABILIZATION
EROSION CONTROL NOTES
CONSTRUCTION SEQUENCE
i ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY, COUNTY AND STATE REGULATIONS
AND CODES AND O.S.H.A. STANDARDS.
E NO WORK WTHIN NCDOT RIGHT OF WAY SHALL TAKE PLACE WITHOUT ALL PERMITS.
EXISTING STRUCTURES WITHIN THE CONSTRUCTION LIMITS ARE TO BE ABANDONED, REMOVED OR
RELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN BASE BID.
CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, INCLUDING BUT NOT UMITED TO,
ALL UTILITIES, STORM DRAINAGE, SIGNS, ETC. AS REQUIRED. ALL WORK SHALL BE IN
_ ACCORDANCE WTH GOVERNING AUTHORITIES SPECIFICATIONS AND SHALL BE APPROVED BY
SUCH. ALL COST SHALL BE INCLUDED IN BASE BID. AREAS TO BE DISTURBED SHALL BE
° IMPROVED PER THE CIVIL PLANS OR RESTORED TO THEIR ORIGINAL OR BETTER CONDITION.
_ CONTRACTOR SHALL REPAIR ANY EXISTING FEATURES THAT ARE DAMAGED DURING
CONSTRUCTION TO THE EXISTING OR BETTER CONDITION.
SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM SIGNED ALTA/NSPS
SURVEY PERFORMED BY R.B. PHARR & ASSOCIATES, P.A. ON AUGUST 26, 2019. ALL
INFORMATION IS TO BE FIELD VERIFIED BY THE CONTRACTOR PRIOR TO CONSTRUCTION.
THE CONTRACTOR SHALL EMPLOY ALL NECESSARY BARRICADES, SIGNS, FENCES, FLASHING
LIGHTS, TRAFFIC MEN, ETC. FOR MAINTENANCE AND PROTECTION OF TRAFFIC AS REQUIRED
BY THE NORTH CAROUNA DEPT. OF TRANSPORTATION (NCDOT).
THE CONTRACTOR SHALL PROTECT ALL MONUMENTS, IRON PINS, AND PROPERTY CORNERS
DURING CONSTRUCTION.
E APPROVAL OF THIS PLAN IS NOT AN AUTHORIZATION TO GRADE ADJACENT PROPERTIES. ANY
GRADING BEYOND THE UMITS OF CONSTRUCTION AS SHOWN ON THE GRADING AND DRAINAGE
PLAN WTHOUT AUTHORIZATION IS SUBJECT TO A FINE. WHEN FIELD CONDITIONS WARRANT
° OFF -SITE GRADING, PERMISSION MUST BE OBTAINED FROM THE AFFECTED PROPERTY OWNERS.
CONTRACTOR AGREES TO REPAIR ANY DAMAGE TO THE PUBLIC RIGHT-OF-WAY IN ACCORDANCE
WTH THE STANDARDS OF THE NCDOT.
THE CONTRACTOR SHALL IMMEDIATELY REPORT TO THE OWNER ANY DISCREPANCIES FOUND
BETWEEN THE ACTUAL FIELD CONDITIONS AND THE CONSTRUCTION DOCUMENTS AND SHALL
WAIT FOR INSTRUCTION PRIOR TO PROCEEDING.
- THE CONTRACTOR SHALL MAINTAIN EACH STREAM, CREEK, OR BACKWASH CHANNEL IN A
UNOBSTRUCTED STATE AND SHALL REMOVE FROM THE CHANNEL AND BANKS OF THE STREAM
ALL DEBRIS, LOGS, TIMBER, JUNK AND OTHER ACCUMULATIONS.
CONTRACTOR SHALL ADJUST AND/OR CUT EXISTING PAVEMENT AS NECESSARY TO ASSURE A
- SMOOTH FIT AND CONTINUOUS GRADE.
CONTRACTOR SHALL POST ASSIGNED BUILDING PERMIT NUMBER AND ADDRESS ON BUILDING.
IN ROLLING OR HILLY TERRAINS, SWEEPING OF THE STONE BASE AND/OR APPUCATION OF A
TACK COAT MAY BE REQUIRED NEAR INTERSECTIONS. THESE REQUIREMENTS WILL BE
E ESTABLISHED BY THE INSPECTOR AND BASED ON FIELD CONDITIONS.
° CONTACT THE UTILITY COMPANY TO RELOCATE ANY EXISTING UTILITY ANO/OR LIGHT POLES. ALL
EXISTING FACIUTIES WHICH CONFLICT WITH THE IMPROVEMENTS UNDER THE SCOPE OF THIS
PROJECT MUST BE RELOCATED AT THE EXPENSE OF THE CONTRACTOR.
GRADING NOTES
THE CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANIES AT LEAST (3) THREE
WORKING DAYS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTILITIES. IT
SHALL BE THE RESPONSIBIUTY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTIUTIES WHICH
CONFLICT WTH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS.
THE CONTRACTOR SHALL COORDINATE WITH THE GEOTECHNICAL ENGINEER FOR APPROPRIATE
SLOPE STABILIZATION ON ALL SLOPES STEEPER THAN 3:1.
THE CONTRACTOR SHALL OBTAIN ALL PERMITS REQUIRED FOR BLASTING ROCK IF BLAST ROCK IS
ENCOUNTERED. CONTRACTOR SHALL BE SOLEY RESPONSIBLE FOR COMPLYING WTH ALL BLASTING
AND SAFETY REQUIREMENTS
ALL CUT OR FILL SLOPES SHALL BE 2:1 OR FLATTER UNLESS OTHERWISE NOTED
CONSTRUCTION SHALL COMPLY WTH ALL APPUCABLE GOVERNING CODES AND BE CONSTRUCTED
TO SAME.
ALL PROPOSED CONTOURS AND SPOT ELEVATIONS REFLECT FINISHED GRADES
THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING AND PROTECTING EXISTING UTILITIES,
AND SHALL REPAIR ALL DAMAGE TO EXISTING UTILITIES THAT OCCUR DURING CONSTRUCTION.
CONTRACTOR SHALL BLEND NEW EARTHWORK SMOOTHLY TO TRANSITION BACK TO EXISTING
GRADE.
UMITS OF CLEARING SHOWN ON GRADING AND DRAINAGE PLAN ARE BASED UPON THE
APPROXIMATE CUT AND FILL SLOPE LIMITS, OR OTHER GRADING REQUIREMENTS.
THE CONTRACTOR IS RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF ALL SHEETING,
SHORING, BRACING AND SPECIAL EXCAVATION MEASURES REQUIRED TO MEET OSHA, FEDERAL,
STATE AND LOCAL REGULATIONS PURSUANT TO THE INSTALLATION OF THE WORK INDICATED ON
THESE DRAWINGS. THE DESIGN ENGINEER ACCEPTS NO RESPONSIBILITY FOR THE DESIGN(S) TO
INSTALL SAID ITEMS.
THE CONTRACTOR SHALL INCLUDE IN THE CONTRACT PRICE ANY DEWATERING AND MOISTURE
CONDITIONING NECESSARY TO CONSTRUCT THE PROJECT AS SHOWN ON THE PLANS.
GRADES, ELEVATIONS AND LOCATIONS SHOWN ARE APPROXIMATE. AS DIRECTED BY THE
ENGINEER, THEY MAY BE ADJUSTED TO ACCOMMODATE UNFORESEEN CONDITIONS. STATIONS,
OFFSETS AND ELEVATIONS REFER TO THE CENTER OF DROP INLETS, MANHOLES AND JUNCTION
BOXES, AND THE MIDPOINT OF THE LIP FOR CATCH BASINS.
ANY CONSTRUCTION OR USE WITHIN THE AREAS DELINEATED AS FLOODWAY DISTRICT FRINGE
BOUNDARY LINE OR FLOODWAY DISTRICT ENCROACHMENT BOUNDARY LINE IS SUBJECT TO THE
RESTRICTIONS IMPOSED BY THE FLOODWAY REGULATIONS OF UNION COUNTY.
UTILITY NOTES
1. THE CONTRACTOR IS RESPONSIBLE FOR HORIZONTALLY AND VERTICALLY LOCATING AND
PROTECTING ALL PUBUC OR PRIVATE UTIUTIES (SHOWN OR NOT SHOWN) WHICH LIE IN OR
ADJACENT TO THE CONSTRUCTION SITE. AT LEAST (3) WORKING DAYS PRIOR TO ANY
DEMOLITION, GRADING, OR CONSTRUCTION ACTIVITY, THE CONTRACTOR SHALL NOTIFY THE NORTH
CAROLINA ONE -CALL UTIUTIES LOCATION SERVICE (ULOCO) AT (800)632-4949 FOR PROPER
IDENTIFICATION OF EXISTING UTIUTIES WTHIN THE SITE.
2. SHOULD ANY UNCHARTED OR INCORRECTLY CHARTED UTILITIES BE ENCOUNTERED, THE
CONTRACTOR SHALL CONTACT THE OWNER IMMEDIATELY FOR DIRECTIONS.
3. CONTRACTOR SHALL COORDINATE ANY INTERRUPTION OF UTILITY SERVICE WTH OWNER AND
RESPECTIVE UTILITY COMPANY REPRESENTATIVE.
4. ANY PLANNED INTERRUPTION OF UTIUTY SERVICE SHALL BE GIVEN A 48 HOUR NOTICE TO THE
UTILITY COMPANY AND THE OWNER.
S. CONTRACTOR SHALL SAW CUT, REMOVE, AND REPLACE ASPHALT PAVEMENT AS NECESSARY TO
INSTALL UNDERGROUND ELECTRIC, TELEPHONE, SEWER, WATER, AND COMMUNICATION CONDUITS.
6. ALL ELECTRICAL WORK SHALL BE DONE IN ACCORDANCE WTH LOCAL POWER COMPANY
STANDARDS.
°o.me, 1, mNe ' wHh we ...oe.Ts °°a aes.9°s prese°Tea neaf .... e. Ts mTe d ° y f.,
1. SOIL STABILIZATION SHALL BE ACHIEVED ON ANY AREA OF A SITE WHERE LAND -DISTURBING
ACTIVITIES HAVE TEMPORARILY OR PERMANENTLY CEASED ACCORDING TO THE FOLLOWING
SCHEDULE:
1.1. ALL PERIMETER DIKES, SWALES, DITCHES, PERIMETER SLOPES AND ALL SLOPES STEEPER
THAN 3 HORIZONTAL TO 1 VERTICAL (3:1) SHALL BE PROVIDED TEMPORARY OR
PERMANENT STABIUZATION WITH GROUND COVER AS SOON AS PRACTICABLE BUT IN
ANY EVENT WITHIN 7 CALENDAR DAYS FROM THE LAST LAND -DISTURBING ACTIVITY.
1.2. ALL OTHER DISTURBED AREAS SHALL BE PROVIDED TEMPORARY OR PERMANENT
STABILIZATION WITH GROUND COVER AS SOON AS PRACTICABLE BUT IN ANY EVENT
WITHIN 14 CALENDAR DAYS FROM THE LAST LAND -DISTURBING ACTIVITY.
2. CONDITIONS - IN MEETING THE STABILIZATION REQUIREMENTS ABOVE, THE FOLLOWING
CONDITIONS OR EXEMPTIONS SHALL APPLY:
2.1. EXTENSIONS OF TIME MAY BE APPROVED BY THE PERMITTING AUTHORITY BASED ON
WEATHER OR OTHER SITE -SPECIFIC CONDITIONS THAT MAKE COMPLIANCE
IMPRACTICABLE.
2.2. ALL SLOPES 50' IN LENGTH OR GREATER SHALL APPLY THE GROUND COVER WITHIN 7
DAYS EXCEPT WHEN THE SLOPE IS FLATTER THAN 4:1. SLOPES LESS THAN 50' SHALL
APPLY GROUNDCOVER WITHIN 14 DAYS EXCEPT WHEN SLOPES ARE STEEPER THAN
3:1. THE 7 DAY -REQUIREMENT APPLIES.
2.3. ANY SLOPED AREA FLATTER THAN 4:1 SHALL BE EXEMPT FROM THE 7-DAY GROUND
COVER REQUIREMENT.
2.4. ALTHOUGH STABIUZATION IS USUALLY SPECIFIED AS GROUND COVER, OTHER METHODS,
SUCH AS CHEMICAL STABILIZATION, MAY BE ALLOWED ON A CASE -BY -CASE BASIS.
2.5. FOR PORTIONS OF PROJECTS WTHIN THE SEDIMENT CONTROL COMMISSION -DEFINED
"HIGH QUALITY WATER ZONE" (15A NCAC 04A. 0105) , STABILIZATION WITH GROUND
COVER SHALL BE ACHIEVED AS SOON AS PRACTICABLE BUT IN ANY EVENT ON ALL
AREAS OF THE SITE WITHIN 7 CALENDAR DAYS FROM THE LAST LAND DISTURBING ACT.
2.6. PORTIONS OF A SITE THAT ARE LOWER IN ELEVATION THAN ADJACENT DISCHARGE
LOCATIONS AND ARE NOT EXPECTED TO DISCHARGE DURING CONSTRUCTION MAY BE
EXEMPT FROM THE TEMPORARY GROUND COVER REQUIREMENTS IF IDENTIFIED ON THE
APPROVED E&SC PLAN OR ADDED BY THE PERMITTING AUTHORITY.
3. ALL DIVERSION DITCHES SHALL BE PERMANENTLY MATTED WTH NAG SC-150 OR APPROVED
EQUAL
RIP RAP
CONSTRUCTION SPECIFICATIONS
1. SUBGRADE PREPARATION - PREPARE THE SUBGRADE FOR RIP RAP AND FILTER TO THE
REQUIRED LINES AND GRADES SHOWN ON THE PLANS. COMPACT ANY FILL REQUIRED IN THE
SUBGRADE TO A DENSITY APPROXIMATING THAT OF THE SURROUNDING UNDISTURBED
MATERIAL OR OVERFILL DEPRESSIONS WTH RIPRAP. REMOVE BRUSH, TREES, STUMPS AND
OTHER OBJECTIONABLE MATERIAL. CUT THE SUBGRADE SUFFICIENTLY DEEP THAT THE
FINISHED GRADE OF THE RIPRAP WILL BE AT THE ELEVATION OF THE SURROUNDING AREA.
CHANNELS SHOULD BE EXCAVATED SUFFICIENTLY TO ALLOW PLACEMENT OF THE RIPRAP IN A
MANNER SUCH THAT THE FINISHED INSIDE DIMENSIONS AND GRADE OF THE RIPRAP MEET
DESIGN SPECIFICATIONS.
2. SAND AND GRAVEL FILTER BLANKET - PLACE THE FILTER BLANKET IMMEDIATELY AFTER THE
GROUND FOUNDATION IS PREPARED. FOR GRAVEL, SPREAD FILTER STONE IN A UNIFORM
LAYER TO THE SPECIFIED DEPTH. WHERE MORE THAN ONE LAYER OF FILTER MATERIAL IS
USED, SPREAD THE LAYERS WTH MINIMAL MIXING.
J. SYNTHETIC FILTER FABRIC - PLACE THE CLOTH FILTER DIRECTLY ON THE PREPARED
FOUNDATION. OVERLAP THE EDGES BY AT LEAST 12 INCHES, AND SPACE ANCHOR PINS
EVERY 3 FT ALONG THE OVERLAP. BURY THE UPSTREAM END OF THE CLOTH A MINIMUM OF
12 INCHES BELOW GROUND AND WHERE NECESSARY, BURY THE LOWER END OF THE CLOTH
OR OVERLAP WTH THE NEXT SECTION AS REQUIRED. TAKE CARE NOT TO DAMAGE THE
CLOTH WHEN PLACING RIPRAP. IF DAMAGE OCCURS REMOVE THE RIPRAP AND REPAIR THE
SHEET BY ADDING ANOTHER LAYER OF FILTER MATERIALS WTH A MINIMUM OVERLAP OF 12
INCHES AROUND THE DAMAGE AREA. IF EXTENSIVE DAMAGE IS SUSPECTED, REMOVE AND
REPLACE THE ENTIRE SHEET.
4. WHERE LARGE STONES ARE USED OR MACHINE PLACEMENT IS DIFFICULT, A 4-INCH LAYER
OF FINE GRAVEL OR SAND MAY BE NEEDED TO PROTECT THE FILTER CLOTH.
5, STONE PLACEMENT - PLACEMENT OF RIPRAP SHOULD FOLLOW IMMEDIATELY AFTER
PLACEMENT OF THE FILTER. PLACE RIPRAP SO THAT IT FORMS A DENSE, WELL -GRADED
MASS OF STONE WITH A MINIMUM OF VOIDS. THE DESIGNED DISTRIBUTION OF STONES
THROUGHOUT THE MASS MAY BE OBTAINED BY SELECTIVE LOADING AT THE QUARRY AND
CONTROLLED DUMPING DURING FINAL PLACEMENT. PLACE RIPRAP TO ITS FULL THICKNESS IN
ONE OPERATION. DO NOT PLACE RIPRAP BY DUMPING THE THROUGH CHUTES OR OTHER
METHODS THAT CAUSE SEGREGATION OF STONE SIZES. TAKE CARE NOT TO DISLODGE THE
UNDERLYING BASE OR FILTER WHEN PLACING THE STONES.
6. THE FINISHED SLOPE SHOULD BE FREE OF POCKETS OF SMALL STONE OR CLUSTERS OF
LARGE STONES. HAND PLACING MAY BE NECESSARY TO ACHIEVE THE PROPER DISTRIBUTION
OF STONE SIZES TO PRODUCE A RELATIVELY SMOOTH, UNIFORM SURFACE. THE FINISHED
GRADE OF RIPRAP SHOULD BLEND WITH THE SURROUNDING AREA. NO OVERFALL OR
PROTRUSION OF RIPRAP SHOULD BE APPARENT.
7. INSPECT CHANNELS AT REGULAR INTERVALS AS WELL AS AFTER MAJOR RAINS, AND MAKE
REPAIRS PROMPTLY. GIVE SPECIAL ATTENTION TO THE OUTLET AND INLET SECTIONS AND
OTHER POINTS WHERE CONCENTRATED FLOW ENTERS. CAREFULLY CHECK STABILITY AT ROAD
CROSSINGS AND LOOK FOR INDICATIONS OF PIPING, SCOUR HOLES, OR BANK FAILURES.
MAKE REPAIRS IMMEDIATELY. MAINTAIN ALL VEGETATION ADJACENT TO THE CHANNEL IN A
HEALTHY VIGOROUS CONDITION TO PROTECT THE AREA FROM EROSION AND SCOUR DURING
OUT -OF -BANK FLOW. CONTROL OF WEED AND BRUSH GROWTH MAY BE NEEDED IN SOME
LOCATIONS.
MAINTENANCE PLAN
I. THE CONTRACTOR IS RESPONSIBLE FOR MAINTENANCE OF EROSION AND SEDIMENT CONTROL
DEVICES.
2. THE CONTRACTOR SHALL CHECK ALL EROSION AND SEDIMENT CONTROL PRACTICES FOR
STABILITY AND OPERATION FOLLOWING EVERY RUNOFF PRODUCING RAINFALL BUT IN NO CASE
LESS THAN ONCE E VERY WEEK. ANY NEEDED REPAIRS WILLBE MADE IMMEDIATELY BY THE
CONTRACTOR TO MAINTAIN ALL PRACTICES AS DESIGNED. ALSO PER NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM NPDES GENERAL STORMWATER PERMIT A RAIN GAUGE
MUST BE INSTALLED ON SITE. THE RAIN GAUGE MUST BE KEPT ONSITE AND INSPECTIONS
BY THE CONTRACTOR MUST BE MADE AND LOGGED AFTER EVERY HALF INCH OF RAINFALL
AND ONCE A WEEK.
3. THE CONTRACTOR SHALL REMOVE SEDIMENT FROM BEHIND SLIT FENCE WHEN IT BECOMES 0.5
FEET DEEP AT THE FENCE. SUIT FENCE WILL BE REPAIRED AS NECESSARY TO MAINTAIN A
BARRIER.
4. THE CONTRACTOR SHALL FERTILIZE, RESEED AS NECESSARY, AND MULCH ALL SEEDED AREAS
ACCORDING TO SPECIFICATIONS IN THE VEGETATIVE PLAN TO MAINTAIN A VIGOROUS, DENSE
VEGETATIVE COVER.
TOTAL AREA DISTURBED = 2.12 ACRES
UMITS OF GRADING SHOWN ON THE PLAN ARE MAXIMUM LIMITS FOR EROSION CONTROL
PURPOSES ONLY. SURVEYOR TO DETERMINE ACTUAL LIMIT.
CONTRACTOR SHALL COORDINATE ALL WORK WTH NCDEQ.
ON -SITE BURIAL PITS REQUIRE AN ON -SITE DEMOLITION LANDFILL PERMIT FROM THE ZONING
ADMINISTRATOR.
ANY GRADING BEYOND THE DENUDED UMITS SHOWN ON THE PLAN IS A VIOLATION OF NCDEQ
AND IS SUBJECT TO A FINE.
GRADING MORE THAN ONE ACRE WITHOUT AN APPROVED EROSION CONTROL PLAN IS A VIOLATION
OF NCDEQ AND IS SUBJECT TO A FINE.
ALL PERIMETER DIKES, SWALES, PERIMETER SLOPES, AND ALL SLOPES GREATER STEEPER THAN 3
HORIZONTAL TO 1 VERTICAL (3:1) SHALL BE PROVIDED TEMPORARY OR PERMANENT
STABILIZATION WTH GROUND COVER AS SOON AS PRACTICABLE BUT IN ANY EVENT WTHIN 7
CALENDAR DAYS FROM THE LAST LAND DISTURBING ACTIVITY. ALL OTHER DISTURBED AREAS
SHALL BE PROVIDED TEMPORARY OR PERMANENT STABILIZATION WTH GROUND COVER AS SOON
AS PRACTICABLE BUT IN ANY EVENT WITHIN 14 CALENDAR DAYS FROM THE LAST
LAND -DISTURBING ACTIVITY.
ADDITIONAL MEASURES TO CONTROL EROSION AND SEDIMENT MAY BE REQUIRED BY A
REPRESENTATIVE OF NCDEQ.
SLOPES SHALL BE GRADED NO STEEPER THAN 2:1.
A GRADING PLAN MUST BE SUBMITTED FOR ANY GRADING THAT WAS NOT PREVIOUSLY
APPROVED.
DEVIATION FROM THESE PLANS AND NOTES WITHOUT THE PRIOR CONSENT OF THE OWNER, HIS
REPRESENTATIVE, OR THE ENGINEER MAY BE CAUSE FOR THE WORK TO BE UNACCEPTABLE.
EROSION CONTROL MEASURES SHALL BE INSTALLED PRIOR TO CONSTRUCTION IN ACCORDANCE
WITH THE REQUIREMENTS OF THE NORTH CAROLINA SEDIMENTATION POLLUTION CONTROL ACT OF
1973, THE LOCAL JURISDICTIONAL AGENCY, THE APPROVED EROSION CONTROL PERMIT, AND
THESE PLANS AND SPECIFICATIONS.
SUFFICIENT EROSION CONTROL PRACTICES MUST BE INSTALLED AND MAINTAINED TO RETAIN
SEDIMENT WITHIN THE BOUNDARIES OF THE SITE AS SOON AS PRACTICABLE BUT IN ANY EVENT
WITHIN 7 CALENDAR DAYS FROM THE LAST LAND DISTURBING ACTIVITY. ALL OTHER DISTURBED
AREAS SHALL BE PROVIDED TEMPORARY OR PERMANENT STABILIZATION WTH GROUND COVER AS
SOON AS PRACTICABLE BUT IN ANY EVENT WITHIN 14 CALENDAR DAYS FROM THE LAST
LAND -DISTURBING ACTIVITY.
THE DIVERSION DITCHES SHALL BE CLEANED OUT WHEN THE STORAGE CAPACITY HAS BEEN
APPROXIMATELY 50% FILLED. GRAVEL SHALL BE CLEANED OR REPLACED WHEN THE SEDIMENT
POOL NO LONGER DRAINS PROPERLY.
ALL EROSION AND SEDIMENT CONTROL PRACTICES SHALL BE INSPECTED BY A CERTIFIED
INSPECTOR TWICE A WEEK AND AFTER EVERY 0.5 INCH RAINFALL EVENT, BUT IN NO CASE LESS
THAN TWICE EVERY WEEK. NEEDED REPAIRS SHALL BE INITIATED WITHIN 24 HOURS OF
INSPECTION. SUBMIT WRITTEN REPORT WITH EACH INSPECTION TO THE OWNER.
SEDIMENT WILL BE REMOVED FROM BEHIND THE SILT FENCING WHEN IT BECOMES 6-INCHES DEEP
AT THE FENCE. THE FENCING WILL BE REPAIRED AS NECESSARY TO MAINTAIN SUFFICIENT
BARRIER.
ALL SEEDED AREAS WILL BE FERTILIZED, RESEEDED AS NECESSARY, AND MULCHED ACCORDING
TO THE PLANS AND SPECIFICATIONS TO MAINTAIN A VIGOROUS, DENSE VEGETATIVE COVER.
ALL DRAINAGE SWALES MUST BE GRASSED AND RIP -RAP MUST BE REPLACED AS REQUIRED TO
CONTROL EROSION. RIP -RAP WILL CONSIST OF 50 TO 125 POUND STONES PLACED AT ALL
HEADWALLS, AND WHERE NOTED ON CONSTRUCTION DRAWINGS. (SEE DETAIL SHEET FOR OUTFALL
PIPE SIZE CHART)
ADDITIONAL EROSION CONTROL MEASURES OR SILT BARRIERS TO BE PLACED AS DIRECTED BY
THE LOCAL JURISDICTIONAL INSPECTOR.
WHEN ANY CONSTRUCTION BORDERS A DRAINAGE COURSE:
THE CONTRACTOR IS RESPONSIBLE FOR REMOVING ANY BUILDING OR OTHER
EXCAVATION SPOIL DIRT, CONSTRUCTION TRASH OR DEBRIS, ETC., FROM THE
DRAINAGE AREA SHOWN HEREON IN A EXPEDITIOUS MANNER AS
CONSTRUCTION PROGRESSES.
THE CONTRACTOR HEREBY AGREES TO STOP ALL WORK AND RESTORE THESE
IMMEDIATELY UPON NOTIFICATION BY THE LOCAL JURISDICTIONAL INSPECTOR
AND/OR THE OWNER.
FOR ALL CONSTRUCTION ALONG AND/OR ACROSS WATERWAYS, BANK PROTECTION AND
STABILIZATION SHALL BE REQUIRED AS PER LOCAL JURISDICTIONAL EROSION CONTROL LAWS.
ALL TREE PROTECTION AND EROSION CONTROL MEASURES SHALL BE IN PLACE PRIOR TO
COMMENCING CONSTRUCTION AND SHALL BE MAINTAINED IN PROPER WORKING ORDER UNTIL ALL
DISTURBED AREAS ARE STABILIZED AND GROUND COVER IS ESTABUSHED. CONSTRUCTION
ENTRANCE PADS SHALL BE INSTALLED BY THE CONTRACTOR AT CONSTRUCTION ACCESS
POINTS PRIOR TO LAND DISTURBANCE.
THE CONTRACTOR SHALL KEEP A COPY OF THE APPROVED LAND DISTURBANCE PLAN AND
PERMIT ON SITE WHENEVER LAND DISTURBING ACTIVITY IS IN PROGRESS.
INSTALL SILT FENCE ALONG THE DOWNSTREAM SIDE OF ALL PROPOSED CUT AND FILL
CONSTRUCTION AND AS INDICATED ON PLANS.
A TEMPORARY DIVERSION SWALE MAY BE USED IN LIEU OF SILT FENCE WHERE RUNOFF CAN BE
DIRECTED TO A TEMPORARY SEDIMENT BASIN.
IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERFORM REQUIRED MAINTENANCE OF ALL EROSION
AND SEDIMENT CONTROL DEVICES TO ENSURE THEIR FUNCTION AT ALL TIMES.
CONTRACTOR SHALL MAINTAIN ALL EROSION CONTROL MEASURES UNTIL PERMANENT VEGETATION
HAS BEEN ESTABUSHED.
WHERE SEDIMENT IS TRANSPORTED ONTO A PAVED OR PUBUC ROAD SURFACE, THE ROAD
SURFACE SHALL BE CLEANED THOROUGHLY AT THE END OF EACH DAY. SEDIMENT SHALL BE
REMOVED FROM THE ROADS BY SHOVEUNG OR SWEEPING AND TRANSPORTED TO A SEDIMENT
CONTROL DISPOSAL AREA. STREET WASHING SHALL BE ALLOWED ONLY AFTER SEDIMENT IS
REMOVED IN THIS MANNER.
WHEN A CRUSHED STONE CONSTRUCTION ENTRANCE HAS BEEN COVERED WTH SOIL OR OR HAS
BEEN PUSHED INTO THE SOIL BY CONSTRUCTION TRAFFIC, IT SHALL BE REPLACED WITH A DEPTH
OF STONE EQUAL TO THAT OF THE ORIGINAL APPLICATION.
CONTRACTOR TO PROTECT THE EXISTING EXPOSED SANITARY SEWER MANHOLES AT ALL TIMES
DURING THE CONSTRUCTION.
PERFORM A FINAL DEMUCKING OF ALL SEDIMENT CONTROL DEVICES BEFORE DEMOBILIZATION.
BE ADVISED DIRECTLY PUMPING OUT A SEDIMENT BASIN IS CONSIDERED BYPASSING A
STORMWATER CONTROL FACILITY IN VIOLATION OF SECTION IV (3) OF NPDES PERMIT NCG0100000
STORMWATER DISCHARGE PERMIT FOR CONSTRUCTION ACTIVITIES. IF ANY DRAINING OCCURS OF
THE SEDIMENT BASIN SUCH AS FOR MAINTENANCE OF THE BASIN OR CONVERSION TO THE
POST -CONSTRUCTION STORMWATER MEASURE, THE DRAINAGE MUST OCCUR THROUGH A SILT BAG
AND DISCHARGED IN A NON EROSIVE MANNER. [15A NCAC 48 01051
ADDITIONAL SEDIMENT AND EROSION CONTROL NOTES:
I. SILT FENCE SHALL BE MAINTAINED AROUND THE PERIMETER OF ALL EARTHWORK AREAS TO
PREVENT SEDIMENT TRANSPORT ONTO ADJACENT PROPERTIES OR OFFSITE ROADWAYS, AS
APPUCABLE.
2. SILT FENCE FILTER BARRIERS SHALL BE INSTALLED AND MAINTAINED UNTIL CONSTRUCTION IS
COMPLETE AND LANDSCAPING IS INSTALLED.
3. THE CONTRACTOR SHALL IMMEDIATELY CLEANUP AND REPAIR ALL EROSION DAMAGE AFTER
DISCOVERY AND REINSTALL ADEQUATE CONTROL MEASURES AS NECESSARY TO PREVENT
REOCCURRENCE OF DAMAGE.
4. CONSTRUCTION POINT OF ACCESS TO LIMIT DEPOSITS OF EARTH AND OTHER HAULED
MATERIALS ONTO THE ADJACENT LOT. THE CONTRACTOR SHALL ROUTINELY CLEAN ALL
SEDIMENT DEPOSITS AND DEBRIS FROM ROADWAY AS THEY OCCUR.
THE FOLLOWING CONSTRUCTION SEQUENCE IS FURNISHED AS A GENERAL GUIDE FOR PREPARATION OF
A SEQUENCE OF CONSTRUCTION EVENTS. ADDITIONS, DELETIONS, AND MODIFICATIONS SHOULD BE
MADE AS APPROPRIATE.
PHASE 1:
1. THE CONTRACTOR SHALL SET UP AN ON -SITE PRE -CONSTRUCTION CONFERENCE WITH NCDENR
EROSION CONTROL INSPECTOR TO DISCUSS EROSION CONTROL MEASURES. FAILURE TO SCHEDULE
SUCH CONFERENCE 48 HOURS PRIOR TO ANY LAND DISTURBING ACTIVITY IS A VIOLATION AND IS
SUBJECT TO FINE.
2. CONTRACTOR TO INSTALL SILT FENCE, INLET PROTECTION, DIVERSION DITCHES, TREE PROTECTION,
AND OTHER MEASURES AS SHOW ON PLANS, CLEARING ONLY AS NECESSARY TO INSTALL THESE
DEVICES
3. THE CONTRACTOR SHALL DILIGENTLY AND CONTINUOUSLY MAINTAIN ALL EROSION CONTROL
DEVICES AND STRUCTURES.
4. THE CONTRACTOR SHALL NOT BEGIN WORK THAT CANNOT BE STABILIZED BY THE END OF THE
WORK DAY.
5. ALL EARTH MOVING EQUIPMENT SHALL BE SERVICED PRIOR TO WORK COMMENCING EACH DAY.
EQUIPMENT SHALL BE MAINTAINED TO PREVENT FUEL, OIL, AND LUBRICANT SPILLS IN THE
VICINITY OF A STREAM.
PHASE 2A
1. SEE TRAFFIC CONTROL PLANS FOR CONSTRUCTION SEQUENCE. BEGIN GRADING OF CUT AND FILL
SLOPES. MAINTAIN ALL ROCK CHECK DAMS, INLET PROTECTION DEVICES, DITCHES, AND SILT
FENCE THROUGHOUT GRADING ACTIVITIES TO MAINTAIN DRAINAGE PATTERNS.
2. GRADED SLOPES AND FILLS ARE TO BE PLANTED OR PROVIDED WITH PROTECTIVE COVER
SUFFICIENT TO RESTRAIN EROSION WITHIN 7 CALENDAR DAYS AFTER THE COMPLETION OF ANY
PHASE OF GRADING. ALL AREAS UPON WHICH NO FURTHER LAND DISTURBING ACTIMTY WILL BE
UNDERTAKEN ARE TO BE PLANTED OR PROVIDED WTH PROTECTIVE COVER WTHIN 7 CALENDAR
DAYS.
3. ALL EROSION CONTROL MEASURES SHALL BE CONSTRUCTED IN ACCORDANCE WTH THE N.C.
EROSION AND SEDIMENT CONTROL PLANNING AND DESIGN MANUAL.
PHASE 28:
1. CONTRACTOR SHALL CONSTRUCT MEDIAN, FINAL ASPHALT SURFACE COURSE, AND PAVEMENT
STRIPING.
2. CONTRACTOR SHALL COORDINATE WTH THE EROSION CONTROL INSPECTOR PRIOR TO REMOVAL OF
EROSION CONTROL MEASURES.
3. NO DEVICE SHALL BE REMOVED UNTIL SITE IS STABILIZED.
4. DEVICE SHALL BE REMOVED UPON STABILIZATION. NO SILT FENCE OR INLET PROTECTION SHALL
BE LEFT ON PROJECT AFTER PROJECT CLOSE OUT.
SEEDING SCHEDULE AND SEEDBED PREPARATION
SEEDING SCHEDULE
1. SEED, MULCH, AND FERTILIZE AS SHOWN ON THE PHASED EROSION CONTROL PLANS.
2. PROTECTIVE COVER MUST BE ESTABLISHED ON ALL DISTURBED AREAS, GRADED SLOPES AND FILLS.
SEEDBED PREPARATION
1. GRADED SLOPES AND FILL - THE ANGLE FOR GRADED SLOPES AND FILLS SHALL BE NO GREATER
THAN THE ANGLE WHICH CAN BE RETAINED BY VEGETATIVE COVER OR OTHER ADEQUATE EROSION
CONTROL DEVICES OR STRUCTURES.
2. SURFACE WATER CONTROL MEASURES TO BE INSTALLED ACCORDING TO THE PLANS.
3. AREAS TO BE SEEDED SHALL BE RIPPED AND SPREAD WTH AVAILABLE TOPSOIL 3" DEEP. TOTAL
SEEDBED PREPARED DEPTH SHALL BE 4" TO 8" DEEP.
4. LOOSE ROCKS, ROOTS, AND OTHER OBSTRUCTIONS SHALL BE REMOVED FROM THE SURFACE SO
THAT THEY WILL NOT INTERFERE WITH ESTABLISHMENT AND MAINTENANCE OF VEGETATION.
SURFACE FOR FINAL SEEDBED PREPARATION, AT FINISH GRADES SHOWN, SHALL BE REASONABLY
SMOOTH AND UNIFORM.
5, IF NO SOIL TEST IS TAKEN, FERTIUZER AND LIME SHALL BE ACCORDING TO SEEDING
SPECIFICATIONS.
6. IF SOIL TEST IS TAKEN, PROVIOE LIME AND FERTILIZER ACCORDING TO THE SOIL TEST REPORT.
7. LIME AND FERTIUZER SHALL BE APPLIED UNIFORMLY AND MIXED WTH THE SOIL DURING SEEDBED
PREPARATION.
INSPECTION NOTES
EFFECTIVE OCTOBER I, 2010. PERSONS RESPONSIBLE FOR LAND DISTURBING ACTIVITIES MUST INSPECT
THE SEDIMENT AND EROSION CONTROL MEASURES ON A PROJECT AFTER EACH PHASE OF THE
PROJECT TO MAKE SURE THAT THE APPROVED EROSION AND SEDIMENTATION CONTROL PLAN IS BEING
FOLLOWED. SELF -INSPECTION REPORTS ARE REQUIRED. A SAMPLE SELF -INSPECTION REPORT, AS WELL
AS DETAILS OF THE SELF -INSPECTION PROGRAM, CAN BE FOUND ON THE LAND QUALITY WFBSITE:
HTTP: //DEQ.NC.GOV/ABOUT/DIMSIONS/ENERGY-MINERAL-LAND-RESOURCES/EROSI(IN-SEDIMENT-
CONTROL/FORMS
AS A MINIMUM, THE INSPECTIONS SHALL BE PERFORMED AFTER EACH OF THE FOLLOWING PHASES OF
A PLAN:
1. INSTALLATION OF PERIMETER EROSION AND SEDIMENT CONTROL MEASURES.
2. INSTALLATION OF SEDIMENT TRAPS/BASINS.
3. CLEARING AND GRUBBING OF EXISTING GROUND COVER.
4. COMPLETION OF ANY PHASE OF GRADING THAT REQUIRES PROVISION OF STABILIZATION.
5, INSTALLATION OF MEASURES DURING MY PHASE OF THE PROJECT.
6. COMPLETION OF CONSTRUCTION OR DEVELOPMENT.
7. INSTALLATION OF STORMWATER RETENTION MEASURES.
8. QUARTERLY UNTIL THE ESTABLISHMENT OF PERMANENT GROUND COVER IS FULLY ESTABUSHED.
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PRELIMINARY JURISDICTIONAL
DETERMINATION
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01846County: Cabarrus U.S.G.S. Quad: NC -Concord SE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Kroger Fulfillment Network, LLC
Liz Harpole
Address: 1014 Vine Street
Cincinnati, OH 45202-1100
Telephone Number: 720-635-5730
E-mail: liz.harpolekkroger.com
Size (acres) 54.97 Nearest Town Concord
Nearest Waterway Irish Buffalo Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude:35.368092
Longitude:-80.561939
Location description: Projectis located at 227 Hichway49, Concord, Cabarrus CountU,North Carolina. PIN(s):
55394233790000,55394371450000.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has beenverifiedby the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 9/1/2021. Therefore this preliminary jurisdiction determination
maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computationof
impacts, compensatory mitigationrequirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat a ll waters and wetlands that would be affected in anyway by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may requestan approved JD, which is an appealable
action, by contactingthe Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA
jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto the permit
requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct
(CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above described project area/property subjectto the permit requirements of Section 404 ofthe Clean
WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe
relied upon fora period notto exceed five years from the date ofthis notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by
the Corps.
❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby the Corps. The
approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey
SAW-2021-01846
will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in
the law or our published regulations, maybe relied upon for a periodnotto exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination maybe relied
upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subj ectto the
permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification.
❑ The property is located in one ofthe 20Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of CoastalMa nagement in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may
constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
krystynka.b.stygar&msace.army.mil.
C. Basis For Determination: Based on information submitted by the applicant and available to the U.S.
Army Corps of Engineers, the proiect area exhibits criteria for waters of the U.S. as defined in 33
CFR 328, Regulatory Guidance letter 05-05, the 1987 Wetland Delineation Manual, and/or the
Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the
preliminary jurisdictional determination form dated 9/2/2021.
D. Remarks: See approximate locations labeled; "Figure 5: PJD Field Sketch, Project Independence"
E. Attention USDA Program Participants
This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (1rhis information applies only to approvedjurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an adin inistrativeappeal under Corps regulations at33CFRPart 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth StreetSW,FloorM9
Atlanta, Georgia 3 0303-8803
AND
PH I L I P.A. SHANNIN&USACE.ARM Y.MIL
In order for an RFAto be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal
under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days ofthe date ofthe NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
* * It is not necessary to submit anRFAform to the Division Office if you do notobject to the determination in this correspondence.**
Corps Regulatory Official: _ / G
SAW-2021-01846
Date of JD: 9/2/2021 ExpirationDate of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.anny.mil/customer-service-survey/.
Copy Furnished:
SAW-2021-01846
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Kimley-Horn
Chris Tinklenberg
Address: 200 South Tryon Street, Suite 200
Charlotte, NC ZIP
Telephone Number: 704-409-1802
E-mail: chris.tinlclenbe!Z kimley-horn.com
Property Owner: West Land Investments. LLC
FIRST west
Address: 227 Highwa149 South
Concord, NC 28025
Telephone Number: (704)-791-5591
E-mail: hwestkwestatla nticcom
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Kroger Fulfillment Network, LLC, Liz
File Number:SAW-2021-01846
15ate:9/2/2021
Harpole
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMITDENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
TION I - The following identifies yourrights and options regarding an administrative appealof the above decision.
r
itionalinformation may be found at orhttp://www.usace.army.miUMissions/CivilWorks/RegulatoryPro aamandPermits.aspx
e Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a)modify the permit to address allof your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appealthe permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sendingthe form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appealthe denial of a permit underthe Corps of Engineers Administrative AppealProcess by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers
Administrative AppealProcess by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed),
by contactingthe Corps district for further instruction. Also you may provide newinformation for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FORAPPEAL OROBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appealis limited to a review of the administrative record, the Corps memorandum forthe
record of the appealconference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record.
However, you may provide additionalinformation to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/orthe
If you only have questions regarding the appealprocess you may
appealprocess you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Krystynka B Stygar
ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
8430 University Executive Park Drive, Suite 615
ATLANTA, GEORGIA 30303-8803
Cha rlottc, No rth Carolina 28262
PHONE: (404) 562-5136; FAX(404) 562-5138
EMAIL: PHILIP.A.SHANNINna,USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants,to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate m all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430University Executive Park Drive, Suite
615, Charlotte, North Carolina, 28262
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 10M15, Atla nta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 08/27/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Kroger Fulfillment Network, LLC, Liz
Harpole, 1014 Vine Street, Cincinnati, OH 45202-1100
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Project Independence, SAW-
2021-01846
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 227 Highway
49, Concord, Cabarrus County, North Carolina. PIN(s): 55394233790000, 55394371450000.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Cabarrus City: Concord
Center coordinates of site (lat/long in degree decimalformat): Latitude: 35.368092 Longitude:-80.561939
Universal Transverse Mercator:
17N
Name of nearestwaterbody: Irish Buffalo Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): September 1, 2021
TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic
(decimal
(decimal
amountof
resources (i.e.,
authority to which
degrees)
degrees)
aquatic
wetland vs. non-
the aquatic
resources in
wetland waters)
resource "may be"
reviewarea
subject (i.e.,
(acreage and
Section 404or
linear feet, if
Section 10/404)
applicable
S1
35.370455
-80.563238
460 LF
Non -wetland waters
Section 404
S2
35.367327
-80.564065
4109 LF
Non -wetland waters
Section 404
S3
35.367066
-80.559645
207 LF
Non -wetland waters
Section 404
W1
35.368403
-80.563274
0.017acres
Wetland
Section 404
1. The Corps of Engineers believes thatthere may bejurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subjectpermit authorization without
requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative orjudicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AID to accomplish that result, as soon as is practicable. This PJD finds that
there "may be"waters of the U.S. and/or that there "maybe" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affectedby the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Kindg3-HornforXXXX
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑ Office concurs with data sheets/delineation report.
® Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
El Corps navigable waters' study:
®U.S. Geological Survey Hydrologic Atlas:
® USGS NHD data:
® USGS 8 and 12 digit HUC maps:
® U.S. Geological Survey map(s). Cite scale & quad name: 1: 24K — Concord SE
® Natura 1 Resources Conservation Service Soil Survey. Citation: NRCS, Cabarrus Co SSURGO Soils, Figure 3
®Nationalwetlands inventory map(s). Cite name: NWI Digital Mappers
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodpla in Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ® Aerial (Name & Date): 2021NearmapAerial
or ® Other (Name & Date): Site Photographs (07/27/2021)
❑ Previous detennination(s). File no. and date of response letter:
® Other information (please specify): Figure 4: PJD Field Sketch August 2021, Lidar Figure 5, NCDEO
Stream Forms (07/27/2021), APT Tool run 07/27/2021 "Normal conditions"
IMPORTANT NOTE: The information recorded on this form has not necessarily been verifiedbythe Corns
and should not be relied upon for later jurisdictional determinations.
I
Signature and date of Regulatory
staff member completing PJD
9/2/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtainingthe signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respondwithin the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
Z.
Legend; t _
Approximate Site Boundary
Wetlands (Wetland WoUS) N ■� N 40 a9a9-7 1 _ l 1". y,:,: k; •.
ri
1.,
Streams (Non -Wetland WoUS)
Perennial :�-
1 a' ,+-�: Wetland 1 (0.017 ac)
-/� Intermittent k' W•. a "`
Stream 1 (460 LF) —,
A.
04
00
10.
4.
Al
3' n
,y�, ;�• a. �':' Stream 2 (4,109 LF) * Stream 3 (207 LF)
NO
ICU
vp
t ' y x i � - i. ._� �'� • -
,[, '1R°"S-"•'?. 'i 'iil �N' �,... :i': �. ,,;
ir
w At•..-.j rV;!,5,>.'•°crza.V.x; '..r. .Fc+ _
A.A.[.
wktOlt
Al
•fir `�4 �i .. ;�• .: rt�,�• k. -'.� ,�. �,
�_ �`1,ki,�;�:�:�.,,�-. •. ,,,,�"`,� .* Feet:
0 250 500
f.'.
Kimley>»Horn
Figure 4
PJD Field Sketch
Project Independence
Concord, Cabarrus County, NC
September 2021
AGENCY CORRESPONDENCE
ua
United States Department of the InteriorSERVIUE
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
October 4, 2021
Taylor Kiker
Kimley-horn
200 South Tryon Street, Suite 200
Charlotte, North Carolina 28202
Taylor.kikergkimley-hom.com
Dear Taylor Kiker:
Subject: Project Independence Undisclosed Development; Cabarrus County, North Carolina
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondences dated September 15, 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
According to the information provided, the proposed project would entail the construction of an
undisclosed development residential development on approximately 50 partially forested acres in
Concord, North Carolina. The proposed action was not described and no project plans were
provided in your correspondence. However, your correspondence indicates that the proposed
project may require authorization from the U.S. Army Corps of Engineers for unavoidable
impacts to Waters of the United States. The action area described in your biological evaluation
is composed of undeveloped open space, mixed successional forest, riparian areas (Irish Buffalo
Creek), and transitional habitats.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the action area
(50CFR 402.02) for the federally threatened northern long-eared bat (*otis 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 for this species. Although not required, we encourage the Applicant to avoid
any associated tree clearing activities during this animal's active season from April 1—
October 15.
Based on the information provided, suitable habitat occurs onsite for the federally endangered
Schweinitz's sunflower (Helianthus schweinitzii). We acknowledge that targeted botanical
surveys conducted during the appropriate survey windows did not detect evidence for this
species at that time. Since the proposed project would impact suitable habitat for this plant, but
no evidence for this species was detected using appropriate methods, we would concur with a
may affect, not likely to adversely affect determination from the action agency.
Based on the information provided, we believe that suitable habitat is not present onsite for any
other federally protected species, and we require no further action 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.
We offer the following recommendations on behalf of natural resources:
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Riparian Buffers
Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They
accomplish the following:
1. Catch and filter runoff, thereby helping to prevent nonpoint-source pollutants
from reaching streams.
2. Enhance the in -stream processing of both point- and nonpoint-source
pollutants.
3. Act as "sponges" by absorbing runoff (which reduces the severity of floods)
and by allowing runoff to infiltrate and recharge groundwater levels (which
maintains stream flows during dry periods).
4. Catch and help prevent excess woody debris from entering the stream and
creating logjams.
5. Stabilize stream banks and maintain natural channel morphology.
6. Provide coarse woody debris for habitat structure and most of the dissolved
organic carbon and other nutrients necessary for the aquatic food web.
7. Maintain air and water temperatures around the stream.
Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide
along perennial streams [or the full extent of the 100-year floodplain, whichever is greater])
should be created and/or maintained adjacent to all aquatic areas. Impervious surfaces, ditches,
pipes, roads, utility lines (sewer, water, gas, transmission, etc.), and other infrastructure that
requires maintenance, cleared rights -of -way and/or compromise the functions and values of the
forested buffers should not occur within these riparian areas.
Stream Crossings
Bridges or spanning structures should be used for all permanent roadway crossings of streams
and associated wetlands. Structures should span the channel and the floodplain in order to
minimize impacts to aquatic resources, allow for the movement of aquatic and terrestrial
organisms, and eliminate the need to place fill in streams, wetlands, and floodplains.
Bridges should be designed and constructed so that no piers or bents are placed in the stream,
approaches and abutments do not constrict the stream channel, and the crossing is perpendicular
to the stream. Spanning some or all of the floodplain allows stream access to the floodplain,
dissipates energy during high flows, and provides terrestrial wildlife passage. When bank
stabilization is necessary, we recommend that the use of riprap be minimized and that a
riprap-free buffer zone be maintained under the bridge to allow for wildlife movement. If fill in
the floodplain is necessary, floodplain culverts should be added through the fill to allow the
stream access to the floodplain during high flows.
If bridges are not possible and culverts are the only option, we suggest using bottomless culverts.
Bottomless culverts preserve the natural stream substrate, create less disturbance during
construction, and provide a more natural post -construction channel. Culverts should be of
sufficient size to leave natural stream functions and habitats at the crossing site unimpeded.
Culvert installation and presence should not change water depth, volume (flow), or velocity
levels that permit aquatic organism passage; and accommodate the movement of debris and bed
material during bankfull events. Widening the stream channel must be avoided.
In the event that a traditional culvert is the only option, the culvert design should provide for a
minimum water depth in the structure during low flow or dry periods. Sufficient water depth
should be maintained in all flow regimes so as to accommodate both the upstream and
downstream movement of aquatic species. Water depth inside the culvert must be adequate for
fish to be completely submerged and all other aquatic life to move freely, even during low flow
periods. The culvert should be designed and installed at the same slope as the stream grade to
maintain an acceptable water velocity for aquatic life passage and for stream substrate
characteristics to be retained within the culvert.
Where feasible, we recommend the use of multiple barrels, in addition to a low flow barrel, to
accommodate flood flows. Floodplain barrels should be placed on or near stream bankfull or
floodplain bench elevations and discharge onto floodplain benches. Where appropriate, install
sills on the upstream end of floodplain barrels to restrict or divert the base stream flow to a single
barrel. If the culvert is longer than 40 linear feet, alternating or notched baffles should be
installed in a manner that mimics the existing stream pattern. This will enhance the passage of
aquatic life by: (1) depositing and retaining sediment in the barrel, (2) maintaining channel
depth and flow regimes, and (3) providing resting places for fish and other aquatic organisms.
3
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at Byron_Hamstead@fws.gov, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-21-462.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
H
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
August 25, 2022
Taylor Kiker
Kimley-Horn
200 South Tryon Street, Suite 200
Charlotte, NC 28202
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
taylor.kiker(cr�,kimley-horn. com
Re: Construct Project Independence commercial development, 227 Highway 49, Concord,
Cabarrus County, ER 22-1932
Dear Ms. Kiker:
Thank you for your letter of August 2, 2022, concerning 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.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
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
COMPENSATORY
MITIGATION
Legend
SAW-2021-01846 PJD Study Area
Stream
NCDOT ROW
[ Non -Credible Areas
0 Proposed to 3:1 Buffer Impact Area (5,542 SF)
Buffer <50 ft
Buffer >50 ft (Credit Gain)
- 1 s
Kimley>>> Horn
r �
a �
p
�x �.. �- v as ,� �.-...-,✓""'"" �....
.MVV N
4 y
ma`s i i.. �+'�� i @;•
F,
Feet
w`F ° 0 150 300
Stream Buffer Credit Calculations (3:1)
Driveway Acess Stream/Riparian Buffer Impact
Project Independence
Concord, Cabarrus County, NC
February 2023
Site Name: Project Independence (3:1 Buffer Mitigation)
USACE Action ID: SAW-2021-01846
NCDW R Project Number:
Sponsor: NCDOT
Number of Exempt Terminal Stream Ends':
County: Caba rrus
Minimum Required Buffer Width2: 50
Mitigation Type
Restoration (1:1)
Enhancement 1 (1.5:1)
Enhancement 11 (2.5:1)
Reservation (5:1)
Other (7.5:1)
Other(10:1)
Custom Ratio 1
Custom Ratio 2
Custom Ratio 3
Custom Ratio
Custom Ratio 5
Totals
Buffer Zones
Max Possible Buffer (square feet)'
Ideal Buffer (square feet)`
Actual Buffer (square feet)'
Zone Multiplier
Buffer Credit Equivalent
Percent of Ideal Buffer
Credit Adjustment
Total Baseline Credit
563.00
Mitigation Ratio Creditable Stream Include in Buffer
563.00
Wilmington District Stream Buffer Credit Calculator
Baseline Stream Credit Buffered Stream Credit From Buffered
Length Streams
563.00 563.00 563.00
563.00 563.00 563.00
Buffer Width Zone (feetfrom Ordinary High Water Mark)
Credit Loss in Required Credit Gain for Net Change in Total Credit
Buffer Additional Buffer Credit from Buffers
-135.07 17.00-118.07 444.93
'Number ofterminal stream ends, including all points where streams enter or exit parcel boundaries. This does not include internal crossings. The District/NCIRT must approve the number of allowable/exempt terminal ends.
'Minimum standard buffer width measured from the top of bank (50 feet in piedmont and coastal plain counties or 30 feet in mountain counties)
'Use the Custom Ratio fields to enter non-standard ratios, which are equal to the number of feet in the feet -to -credit mitigation ratio (e.g., for a perservation ratio of 8 feet to 1 credit, the multiplier would be 8).
°Equal to the number of feet of stream in each Mitigation Type. If stream reaches are not creditable, they should be excluded from this measurement, even if they fall within the easement.
'This amount is the maximum bufferarea possible based on the linearfootage of stream length if channel were perfectly straight with full bufferwidth and no internal crossings. This number is not used in calculations, but is provided as a reference.
'Maximum potential size (in square feet) of each buffer zone measured around all creditable stream reaches, calculated using GIS, including areas outside of the easement. The inner zone (0-15') should be measured from the top of the OH WM orthe edge of the average stream width if OHW M is not known. Non -creditable stream reaches
within the easement should be removed priorto calculating this area wtih GIS.
'Square feet in each buffer zone, as measured by GIS, excluding non -forested areas, all other credit type (e.g., wetland, nutrient offset, buffer), easement exceptions, open water, areas failing to meet the vegetation performance standard, etc. Additional credit is given to 150 feet in buffer width, so areas within the easement that are more than
150 feet from creditable streams should not be included in this measurement. Non -creditable stream reaches within the easement should be removed priorto calculating this area wtih GIS.
Legends. s
SAW-2021-01846 PJD Study Area
�^- Stream
..
:' NCDOT ROW r�
[ Non -Credible Areas �
Proposed to 2:1 Buffer Impact Area (6,559 SF) M,
Buffer <50 ft �► `
Buffer >50 ft (Credit Gain)
k e
,.�
i
Kimley>>> Horn
IL
�'�` . U� .� r �' �:,, pie•.«. � 'x+r.. ,� �
.M°'14M N
we
1 150 300
m
Stream Buffer Credit Calculations (2:1)
Driveway Acess Stream/Riparian Buffer Impact
Project Independence
Concord, Cabarrus County, NC
February 2023
Site Name: Project Independence (2:1 Buffer Mitigation)
USACE Action ID: SAW-2021-01846
NCDW R Project Number:
Sponsor: NCDOT
Number of Exempt Terminal Stream Ends':
County: Caba rrus
Minimum Required Buffer Width2: 50
Mitigation Type
Restoration (1:1)
Enhancement 1 (1.5:1)
Enhancement 11 (2.5:1)
Reservation (5:1)
Other (7.5:1)
Other(10:1)
Custom Ratio 1
Custom Ratio 2
Custom Ratio 3
Custom Ratio
Custom Ratio 5
Totals
Buffer Zones
Max Possible Buffer (square feet)'
Ideal Buffer (square feet)`
Actual Buffer (square feet)'
Zone Multiplier
Buffer Credit Equivalent
Percent of Ideal Buffer
Credit Adjustment
Total Baseline Credit
563.00
Mitigation Ratio Creditable Stream Include in Buffer
563.00
Wilmington District Stream Buffer Credit Calculator
Baseline Stream Credit Buffered Stream Credit From Buffered
Length Streams
563.00 563.00 563.00
563.00 563.00 563.00
Buffer Width Zone (feetfrom Ordinary High Water Mark)
Credit Loss in Required Credit Gain for Net Change in Total Credit
Buffer Additional Buffer Credit from Buffers
-115.29 15.90 -99.39 463.61
'Number ofterminal stream ends, including all points where streams enter or exit parcel boundaries. This does not include internal crossings. The District/NCIRT must approve the number of allowable/exempt terminal ends.
'Minimum standard buffer width measured from the top of bank (50 feet in piedmont and coastal plain counties or 30 feet in mountain counties)
'Use the Custom Ratio fields to enter non-standard ratios, which are equal to the number of feet in the feet -to -credit mitigation ratio (e.g., for a perservation ratio of 8 feet to 1 credit, the multiplier would be 8).
°Equal to the number of feet of stream in each Mitigation Type. If stream reaches are not creditable, they should be excluded from this measurement, even if they fall within the easement.
'This amount is the maximum bufferarea possible based on the linearfootage of stream length if channel were perfectly straight with full bufferwidth and no internal crossings. This number is not used in calculations, but is provided as a reference.
'Maximum potential size (in square feet) of each buffer zone measured around all creditable stream reaches, calculated using GIS, including areas outside of the easement. The inner zone (0-15') should be measured from the top of the OH WM orthe edge of the average stream width if OHW M is not known. Non -creditable stream reaches
within the easement should be removed priorto calculating this area wtih GIS.
'Square feet in each buffer zone, as measured by GIS, excluding non -forested areas, all other credit type (e.g., wetland, nutrient offset, buffer), easement exceptions, open water, areas failing to meet the vegetation performance standard, etc. Additional credit is given to 150 feet in buffer width, so areas within the easement that are more than
150 feet from creditable streams should not be included in this measurement. Non -creditable stream reaches within the easement should be removed priorto calculating this area wtih GIS.
Kiker, Taylor
From: Alsmeyer, Eric C CIV USARMY CESAW (USA) < Eric.C.Alsmeyer@usace.army.mil >
Sent: Wednesday, February 1, 2023 7:33 AM
To: Tinklenberg, Chris
Cc: Kiker, Taylor; Stygar, KRYSTYNKA B CIV USARMY CESAW (USA); Brumagin, Stephen A
(Steve) CIV USARMY CESAW (USA)
Subject: RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC 49 Cabarrus
County NC; 404 Permit: DA# SAW-2021-01846; Mitigation encroachment: DA#
SAW-1997-02364.
Categories: External
IYou don't often get email from eric.c.alsmeyer@usace.army.mil. Learn why this is important
Chris: I apologize for the delay in responding.
I will be glad to remain as the POC for the mitigation encroachment review for this project. Krysta Stygar in the
Charlotte Field Office will be the POC for the PCN. You can include the mitigation proposals for both the 404 impact (as
appropriate) and the mitigation encroachment in the PCN. Please email me when you have submitted the PCN so that I
will be aware.
Thank you.
Please reply or call if you have any questions or if I may serve you in any other way.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure
we continue to do so, please complete the Customer Satisfaction Survey located
at https://regulatory.ops.usace.army.mil/customer-service-survey/.
Eric
Eric Alsmeyer
Project Manager
Work Cell: 919.817.1570
WRDA / NCDOT BRANCH
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Office Tel: (919) 554-4884, x23 (I am working out of the office most days of the week, but I try to check my
voicemails daily)
Regulatory Homepage: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
From: Tinklenberg, Chris
Sent: Thursday, January 26, 2023 9:18 AM
To: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmever@usace.army.mil>
Cc: Kiker, Taylor <Taylor.Kiker@kimley-horn.com>
Subject: RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC 49 Cabarrus County NC; DA# SAW-
1997-02364.
Good morning Eric!
I hope you are doing well! NCDOT and Kroger have finally agreed upon the appropriate design to move forward with and
it should be very similar to the last mitigation proposal you reviewed in July of last year. I'll spare you the details but
there have been multiple iterations since we last spoke. Anyway, it's my understanding that you all have done some
internal shuffling of Divisions and that Steve is now the PM for Division 10. Since we have so much history on this project
and because it's not exactly as straightforward as others, is it possible for you to continue to be involved? If not, would
you be able to download everything to Steve? Most importantly, the accepted mitigation approach? I'm hopeful we can
avoid beginning back at square one.
We're in the beginning stages of permit preparation. Since the proposed design is closely similar to the proposed design
you reviewed in July, I'd like to attach the mitigation proposal to the PCN; however, if you'd like to review the mitigation
proposal separately from the PCN, please let me know and we'll formalize it and shoot it over.
Thanks again for all of your help throughout this process. If you have any questions, please let me know.
Thanks,
Chris
Chris Tinklenberg, PWS
Kimley-Horn 1200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 704 409 1802 1 Mobile: 910 538 9836
From: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmeyer@usace.army.mil>
Sent: Monday, July 25, 2022 9:37 AM
To: Tinklenberg, Chris <Chris.Tinklenberg@kimley-horn.com>
Cc: imhoward@ncdot.gov
Subject: RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC 49 Cabarrus County NC; DA# SAW-
1997-02364.
Chris: I am comfortable with your methodology to determine the loss of stream credits. I have two related questions.
1. On page 2 of your cover letter, in the paragraph that starts, "The attached spreadsheets, updated on September 4,
2020, demonstrate....", should that be "The attached spreadsheets, updated in July 2022", demonstrate...."?
2. Will you be submitting an ePCN for the driveway crossing? If so, please email me when you do that since the ePCN might
not come to me.
Thank you.
Please reply or call if you have any questions or if I may serve you in any other way.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located
at https://regulatory.ops.usace.army.mil/customer-service-survey/.
Eric
Eric Alsmeyer
Project Manager
Work Cell: 919.817.1570
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Office Tel: (919) 554-4884, x23 (I am working out of the office most days of the week, but I try to check my voicemails
daily)
Regulatory Homepage: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
From: Tinklenberg, Chris <Chris.Tinklenberg@kimley-horn.com>
Sent: Friday, July 15, 2022 2:33 PM
To: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmever@usace.army.mil>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC
49 Cabarrus County NC, DA#s SAW-1997-02364.
Good afternoon Eric,
I hope you're doing well. Per the modifications to the design mentioned below and our telephone conversation late last
week, please find the attached revised mitigation proposal for Project Independence. The GIS analysis resulted in a loss
of 155 stream credits. Based on the 3:1 ratio for the stream impact and 2:1 for the buffer impacts, 400 stream credits
are proposed to be purchased from DMS totaling $258,448. 1 have requested a credit availability letter from DMS and
will forward it along as soon as it is received, likely Monday. In the meantime, are you able to confirm that this iteration
of the proposal will be acceptable? The applicant is eager to understand the extent of the mitigation burden so that they
can allocate the appropriate funds. If you have any questions please let me know.
Thanks,
Chris
Chris Tinklenberg, PWS
Kimley-Horn 1200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 704 409 1802 1 Mobile: 910 538 9836
From: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmever@usace.army.mil>
Sent: Wednesday, May 25, 2022 9:12 AM
To: Tinklenberg, Chris <Chris.Tinklenberg@kimley-horn.com>
Subject: RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC 49 Cabarrus County NC; DA#s SAW-
1997-02364.
Chris: Yes, still waiting for USFWS concurrence. Also, Joel Howard with NCDOT Div 10 mentioned just recently that there
is an issue with the sustainability of the arch -span culvert (erosive forces). If the design will change to a box or pipe -arch
culvert, the mitigation site impact will have to be re -calculated, and we, Jim Hauser, and NCDOT's Monitoring
Stewardship Unit will have to review it.
Please reply or call if you have any questions or if I may serve you in any other way.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located
at https://regulatorV.ops.usace.armV.mil/customer-service-survey/.
Eric
Eric Alsmeyer
Project Manager
Work Cell: 919.817.1570
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Office Tel: (919) 554-4884, x23 (I am working out of the office most days of the week, but I try to check my voicemails
daily)
Regulatory Homepage: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
From: Tinklenberg, Chris <Chris.Tinklenberg@kimlev-horn.com>
Sent: Wednesday, May 25, 2022 8:42 AM
To: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmever@usace.army.mil>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC
49 Cabarrus County NC, DA#s SAW-1997-02364 & SAW-2021-01846.
Good morning Eric,
I hope you're doing well. Any updates on the authorization here? Are we just waiting on USFWS at this point?
Thanks!
Chris
Chris Tinklenberg, PWS
Kimley-Horn 1200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 704 409 1802 1 Mobile: 910 538 9836
From: Tinklenberg, Chris
Sent: Monday, May 16, 2022 3:39 PM
To: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmever@usace.army.mil>
Subject: RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC 49 Cabarrus County NC; DA#s SAW-
1997-02364 & SAW-2021-01846.
Hey Eric,
I'm on a call ... I will call you back asap.
Thanks,
Chris
Chris Tinklenberg, PWS
Kimley-Horn 1200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 704 409 1802 1 Mobile: 910 538 9836
From: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmeyer@usace.army.mil>
Sent: Thursday, May 5, 2022 10:30 AM
To: Tinklenberg, Chris <Chris.Tinklenberg@kimlev-horn.com>
Subject: RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC 49 Cabarrus County NC; DA#s SAW-
1997-02364 & SAW-2021-01846.
Chris: We have to ensure for our permit review of this project compliance with Section 7 of the Endangered Species
Act. Can yo provide a copy of an environmental assessment or other documentation of environmental review for
Project Independence? I particularly want to determine if a survey for Schweinitz's sunflower has been done at the site.
Thank you.
Please reply or call if you have any questions or if I may serve you in any other way.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located
at https://regulatorV.ops.usace.armV.mil/customer-service-survey/.
Eric
Eric Alsmeyer
Project Manager
Work Cell: 919.817.1570
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Office Tel: (919) 554-4884, x23 (I am working out of the office most days of the week, but I try to check my voicemails
daily)
Regulatory Homepage: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
From: Tinklenberg, Chris <Chris.Tinklenberg@kimley-horn.com>
Sent: Monday, May 2, 2022 3:29 PM
To: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmever@usace.army.mil>
Cc: Howard, Joel M <Imhoward@ncdot.gov>
Subject: [URL Verdict: Unknown][Non-DoD Source] RE: NCDMS mitigation in HUC 03040105 RE: Project Independence -
NC 49 Cabarrus County NC; DA#s SAW-1997-02364 & SAW-2021-01846.
Good afternoon Eric,
I hope you had a nice weekend. In anticipation of the question/comment regarding the "buffer gain" areas and in an
effort to eliminate the confusion, I have modified the credit calculation area to only include the NCDOT ROW.
Coincidently, the results of the revised calculations remained the same, at 124 required stream credits. The revised
mitigation proposal is attached. Here is a summary of the revisions for clarity:
Cover letter— added a "Preferred Access Location Justification" section per your comments below. Justification
for the location of the preferred access is as follows:
o There are certain standards at which a u-turn bulb can be located within a reduced conflict intersection
(RCI) and the u-turn at this location is at the closest point to the main intersection it can be. Generally,
NCDOT requires 1000' and has allowed us to go much smaller (700') but this is the bare minimum. You
have to allow this minimum distance for trucks traveling westbound to get up to speed on the existing
road and be able to get into the left/u-turn lane
o We looked at moving the U-turn bulb west across the existing NC-49 bridge but that makes the U-turn
bulb too far away (approx. 1500') from the main intersection which creates safety concerns and creates
a non-functional RCI
o The driveway access has to be located at the u-turn bulb because you cannot have a driveway location
in between the main entrance and the u-turn bulb. That creates safety concerns for drivers who would
have to evaluate u-turn drivers and drivers currently driving eastbound on NC-49
o This development requires two access points to NC-49 for fire safety.
• Revised the original mitigation site credit generation from 547 stream credits to 508 stream credits
• Revised the credits generated in the proposed condition from 423 stream credits to 384 stream credits
• Revised credit calculations table and figures
• NCDMS Acceptance Letter
I'm hopeful this proactively answers some of you questions or concerns. If you need anything else please let me
know. NCDOT is nearing the bid phase for the roadway improvements but will be holding off going to bid until we
received USACE concurrence. Do you have an anticipated timeframe to provide authorization for the mitigation site
impact? If there's anything I can do to help with your review, please let me know.
Thanks,
Chris
Chris Tinklenberg, PWS
Kimley-Horn 1200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 704 409 1802 1 Mobile: 910 538 9836
From: Tinklenberg, Chris
Sent: Thursday, April 14, 2022 1:03 PM
To: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmever@usace.army.mil>
Cc: Howard, Joel M <imhoward@ncdot.gov>
Subject: RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC 49 Cabarrus County NC; DA#s SAW-
1997-02364 & SAW-2021-01846.
Thanks Eric! I'll be sure to provide that information.
I believe I understand why everyone is getting hung up on the 'buffer gain' areas now. The calculation presented is
based solely on a hypothetical scenario and is not suggesting that any additional areas be protected in perpetuity.
For clarity, here's the hypothetical scenario:
• Assumes the site is completed today by today's mitigation standards;
• Includes areas that would be considered 'credit gaining' areas
• Assumes the 'credit gaining' areas would be protected by additional ROW
We understand that NCDOT will not be purchasing additional ROW to qualify for the 'buffer gain' areas and that the
applicant is proposing to impact those areas anyway. What this hypothetical scenario does, is that it assumes the worst -
case scenario for the applicant resulting in a highly conservative/greater penalty for the impact and thus a higher fee;
however, it is clear that this has caused unintended confusion, so if I need to go in and clip these areas from the
calculation, I can. It will just reduce the overall credit burden.
Here's what that would look like. All areas beyond the ROW (thick red line) will be removed:
Pre
},.. 1
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. ' r
i
r
Post:
This will likely reduce the required mitigation burden of the applicant but if you feel it's more appropriate, I'll make the
change.
I'm hopeful this makes sense. It's difficult to quantify a stream impact when no stream impact is occurring. It's also not
as simple as just quantifying buffer impacts 3:1 and/or 1.5:1 since there are no riparian buffer credits to purchase.
Let me know your thoughts.
Thanks,
Chris
Chris Tinklenberg, PWS
Kimley-Horn 1200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 704 409 1802 1 Mobile: 910 538 9836
From: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmever@usace.army.mil>
Sent: Thursday, April 14, 2022 12:03 PM
To: Tinklenberg, Chris <Chris.Tinklenberg@kimley-horn.com>
Cc: Howard, Joel M <imhoward@ncdot.gov>
Subject: RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC 49 Cabarrus County NC; DA#s SAW-
1997-02364 & SAW-2021-01846.
Chris: Sorry, I've been covered up in a lot of other stuff lately, and haven't had a chance to complete the review. I do
know that I need additional info as we have discussed before re: discussion of avoidance and mitigation alternatives to
mitigation site impacts, including alternatives of moving the U-turn and pullout to the west of Irish Buffalo Creek, and
moving the west most entrance to east of the mitigation site. I have also seen Jim Hauser's and Randy Griffin's
comments, and have a concern about "buffer gain" not being protected in the future (i.e., if someone impacted that
buffer in the future, we wouldn't have any recourse).
I will try to prioritize completing review of your proposal.
Thank you.
Please reply or call if you have any questions or if I may serve you in any other way.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located
at https://regulatory.ops.usace.army.mil/customer-service-survey/.
Eric
Eric Alsmeyer
Project Manager
Work Cell: 919.817.1570
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Office Tel: (919) 554-4884, x23 (I am working out of the office most days of the week, but I try to check my voicemails
daily)
Regulatory Homepage: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
From: Tinklenberg, Chris <Chris.Tinklenberg@kimley-horn.com>
Sent: Thursday, April 14, 2022 10:34 AM
To: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmever@usace.army.mil>
Cc: Howard, Joel M <imhoward@ncdot.gov>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC
49 Cabarrus County NC, DA# SAW-2021-01846.
Good morning Eric,
Just wanted to check in and see if you've had a chance to review the buffer impact proposal and if so, if it appears
complete. Any update you can share would be greatly appreciated.
Thanks!
Chris
Chris Tinklenberg, PWS
Kimley-Horn 1200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 704 409 1802 1 Mobile: 910 538 9836
From: Tinklenberg, Chris
Sent: Tuesday, April 5, 2022 10:26 AM
To: 'Alsmeyer, Eric C CIV USARMY CESAW (USA)'<Eric.C.Alsmeyer@usace.army.mil>
Cc:'Howard, Joel M' <imhoward@ncdot.gov>
Subject: RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC 49 Cabarrus County NC; DA# SAW-
2021-01846.
Good morning Eric,
I hope you had a nice weekend! Please find the attached NCDMS acceptance letter for the Project Independence
project. If you need anything or have any questions as you conduct your review, please let me know.
Thanks!
Chris
Chris Tinklenberg, PWS
Kimley-Horn 1200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 704 409 1802 1 Mobile: 910 538 9836
From: Tinklenberg, Chris
Sent: Friday, April 1, 2022 1:06 PM
To: 'Alsmeyer, Eric C CIV USARMY CESAW (USA)'<Eric.C.Alsmeyer@usace.army.mil>
Cc:'Howard, Joel M' <imhoward@ncdot.gov>
Subject: RE: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC 49 Cabarrus County NC; DA# SAW-
2021-01846.
Eric,
Please find the attached compensatory mitigation proposal for NCDOT mitigation site impacts associated with the
Project Independence site in Concord, Cabarrus County, NC. NCDMS is working on preparing a mitigation acceptance
letter but is trying to figure out which side of the department the letter should come from. I will forward their
correspondence as soon as it is received. Please review at your convenience and let me know if you have any questions
or comments.
Thanks and I hope you have a great weekend!
Chris
Chris Tinklenberg, PWS
Kimley-Horn 1200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 704 409 1802 1 Mobile: 910 538 9836
From: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmever@usace.army.mil>
Sent: Tuesday, March 29, 2022 11:21 AM
To: Tinklenberg, Chris <Chris.Tinklenberg@kimlev-horn.com>
Subject: NCDMS mitigation in HUC 03040105 RE: Project Independence - NC 49 Cabarrus County NC; DA# SAW-2021-
01846.
Chris: In response to your phone call yesterday, I looked up projects in HUC 03040105, and see we have issued a permit
to NCDOT in that HUC last year, for which NCDMS agreed to do stream mitigation.
Why did you think NCDMS stream mitigation is not available in that HUC?
Thank you.
Please reply or call if you have any questions or if I may serve you in any other way.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located
at https://regulatorV.ops.usace.armV.mil/customer-service-survey/.
Eric
Eric Alsmeyer
Project Manager
Work Cell: 919.817.1570
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Office Tel: (919) 554-4884, x23 (I am working out of the office most days of the week, but I try to check my voicemails
daily)
Regulatory Homepage: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
From: Tinklenberg, Chris <Chris.Tinklenberg@kimlev-horn.com>
Sent: Monday, November 29, 2021 3:19 PM
To: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmever@usace.army.mil>
Cc: Racer, Joey <Joey.Racer@kimley-horn.com>; Randy Griffin <rgriffin@ncdot.gov>; imhoward@ncdot.gov,
iwhauserl@ncdot.gov; donna.hood@ncdenr.gov; Stygar, KRYSTYNKA B CIV USARMY CESAW (USA)
<Krystynka.B.Stygar@usace.army.mil>
Subject: [Non-DoD Source] RE: Project Independence - NC 49 Cabarrus County NC; DA# SAW-2021-01846.
Good afternoon Eric,
I hope you had nice Thanksgiving! Please see my responses below in
It's looking like Thursday afternoon is available for all that have responded thus far. Unless I hear of any conflicts, I plan
to send a meeting invite by the end of the day for this Thursday at 3:30 pm.
10
If you have any questions or need anything else from me prior to our call, please let me know.
Thanks!
Chris
Chris Tinklenberg, PWS
Kimley-Horn 1200 South Tryon Street, Suite 200, Charlotte, NC 28202
Direct: 704 409 1802 1 Mobile: 910 538 9836
From: Alsmeyer, Eric C CIV USARMY CESAW (USA)<Eric.C.Alsmeyer@usace.army.mil>
Sent: Wednesday, November 24, 2021 10:37 AM
To: Tinklenberg, Chris <Chris.Tinklenberg@kimley-horn.com>; Randy Griffin <rgriffin@ncdot.gov>;
imhoward@ncdot.gov; iwhauserl@ncdot.gov; donna.hood@ncdenr.gov; Stygar, KRYSTYNKA B CIV USARMY CESAW
(USA) <Krystynka.B.Stygar@usace.army.mil>
Cc: Racer, Joey <Joey.Racer@kimley-horn.com>
Subject: RE: Project Independence - NC 49 Cabarrus County NC; DA# SAW-2021-01846.
Chris: Before we set up this meeting, I have a few questions.
1. Does K-H represent the Project Independence proponent? Yes
2. What is the status of NCDOT's review as the migration site steward? NCDOT has reviewed and
approved the plans and proposed impacts to the mitigation site.
3. What questions are you looking to have answered, so I can be prepared?
1. Discuss Process
a. Will bank impacts require NCDOT to modify their original permit?
2. Schedule
3. Identify potential issues/speedbumps
4. What is the meeting agenda?
The meeting will be informal with the following general agenda:
1. Introductions
2. Project Description
3. Bank Site Description
4. Proposed Impacts
a. Avoidance and Minimization Measures
5. Permitting Approach
a. Compensatory Mitigation
Thank you.
Eric Alsmeyer
USACE
Work Cell: 919.817.1570
Sent with BlackBerry Work (www.blackberry.com)
11