HomeMy WebLinkAbout20230048 Ver 1_More Info Received_20230309Strickland, Bev
From: Jennifer Robertson <jrobertson@atlasenvi.com>
Sent: Thursday, March 9, 2023 10:41 AM
To: Scheller, Roberto; rbeadle@jacksonshaw.com
Subject: [External] RE: 2023-0048 Old Beatty Ford Road Project on HOLD
Attachments: 10 Old Beatty Ford Road DMS Acceptance.pdf; 11 RES Yadkin 05 SOA - Cardinal - Old
Beatty Ford Road.pdf; 01 ePCN Final.pdf; 02 2023-0215 Landis Stream & Wetland
Impacts 17x11.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Roberto,
Attached are the DMS acceptance letter and SOA from RES that were included in the e-PCN submittal. As a
reminder I am also attaching the revised ePCN and site plan which illustrates the additional minimization to
stream impacts. Please let me know if you need anything else.
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
(704) 512-1206 office
(828) 712-9205 mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
From: Scheller, Roberto <roberto.scheller@ncdenr.gov>
Sent: Wednesday, March 8, 2023 11:32 AM
To: Jennifer Robertson <jrobertson@atlasenvi.com>; rbeadle@jacksonshaw.com
Subject: 2023-0048 Old Beatty Ford Road Project on HOLD
Ryan Beadle,
The subject 401 permit application has been placed on HOLD for insufficient information. It is required that the
information listed below be provided to the Mooresville Regional Office in order for review of subject permit application
to resume.
- Copy of acceptance letter from Division of Mitigation Services (DMS) showing mitigation credits available.
If you should have any questions, please contact me.
i
Roberto L. Scheller
Environmental Consultiant
Water Quality Regional Operations Section
Mooresville Regional Office
704-235-2204
2
DWR
Division of Water Resaurces
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can
print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf
A. Processing Information
Pre -Filing Meeting Date Request was submitted on: *
9/28/2022
If this is a courtesy copy, please fill in this with the submission date.
County (or Counties) where the project is located:*
Rowan
Is this a NCDMS Project*
Yes No
Click Yes, only if NCDMS is the applicant or co -applicant.
Is this project a public transportation project?*
Yes No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
la. Type(s) of approval sought from the Corps: *
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
1 b. What type(s) of permit(s) do you wish to seek authorization? *
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments
NWP Numbers (for multiple NWPS):
18 and 39
List all NW numbers you are applying for not on the drop down list.
Id. Type(s) of approval sought from the DWR: *
check all that apply
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
*
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
Yes No
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program.
Yes No
Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach document
10 Old Beatty Ford Road DMS Acceptance.pdf
11 RES Yadkin 05 SOA - Cardinal - Old Beatty Ford Road.pdf
FILE TYPE MUST BE PDF
1 h. Is the project located in any of NC's twenty coastal counties? *
Yes No
1 j. Is the project located in a designated trout watershed? *
Yes No
245.52KB
150.64KB
Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordi nation/Trout.aspx
B. Applicant Information
1 a. Who is the Primary Contact?*
Mr. Ryan Beadle with Jackson Shaw
1 b. Primary Contact Email:*
rbeadle@jacksonshaw.co
m
1 d. Who is applying for the permit? *
Owner
(Check all that apply)
1 e. Is there an Agent/Consultant for this project? *
Yes No
2. Owner Information
2a. Name(s) on recorded deed:*
J Ralph Linn
lc. Primary Contact Phone: *
(xxx)xxx-xxxx
(980)316-4024
Applicant (other than owner)
2b. Deed book and page no.:
2954 / 316
2c. Contact Person:
(for Corporations)
2d. Address*
Street Address
4523 Water Oak Road
Address Line 2
City
Charlotte
Postal / Zip Code
28211
2e. Telephone Number: *
(xxx)xxx-xxxx
(980)316-4024
2f. Fax Number:
(xxx)xxx-xxxx
2g. Email Address: *
rbeadle@jacksonshaw.com
2a. Name(s) on recorded deed:*
Fannie Deal Lipe
2b. Deed book and page no.:
1324 / 392 for both parcels
2c. Contact Person:
(for Corporations)
State / Province / Region
NC
Country
2d. Address*
Street Address
840 Old Beatty Ford Road
Address Line 2
City State / Province / Region
China Grove NC
Postal / Zip Code Country
28023
2e. Telephone Number: *
(xxx)xxx-xxxx
(980)316-4024
2f. Fax Number:
(xxx)xxx-xxxx
2g. Email Address: *
rbeadle@jacksonshaw.com
2a. Name(s) on recorded deed: *
Otho Leon and Joyce Deal
2b. Deed book and page no.:
1037 / 816 and 877 / 64
2c. Contact Person:
(for Corporations)
2d. Address*
Street Address
2055 China Grove Road
Address Line 2
City State / Province / Region
China Grove NC
Postal / Zip Code Country
28023
2e. Telephone Number: *
(xxx)xxx-xxxx
(980)316-4024
2f. Fax Number:
(xxx)xxx-xxxx
2g. Email Address: *
rbeadle@jacksonshaw.com
2a. Name(s) on recorded deed: *
Brenda D Mills
2b. Deed book and page no.:
unknown
2c. Contact Person:
(for Corporations)
2d. Address*
Street Address
407 York Avenue
Address Line 2
City State / Province / Region
Kannapolis NC
Postal / Zip Code Country
28083
2e. Telephone Number: *
(xxx)xxx-xxxx
(980)316-4024
2f. Fax Number:
(xxx)xxx-xxxx
2g. Email Address: *
rbeadle@jacksonshaw.com
2a. Name(s) on recorded deed:*
Eugene Long & Emilia De Mendoza
2b. Deed book and page no.:
1004 / 784
2c. Contact Person:
(for Corporations)
2d. Address*
Street Address
1260 Dial Street
Address Line 2
City State / Province / Region
Kannapolis NC
Postal / Zip Code Country
28083
2e. Telephone Number: *
(xxx)xxx-xxxx
(980)316-4024
2f. Fax Number:
(xxx)xxx-xxxx
2g. Email Address: *
rbeadle@jacksonshaw.com
2a. Name(s) on recorded deed:*
Elaine & Donald Kimball
2b. Deed book and page no.:
1136 / 551
2c. Contact Person:
(for Corporations)
2d. Address*
Street Address
8643 Unity Church Road
Address Line 2
City State / Province / Region
Mooresville NC
Postal / Zip Code Country
28115
2e. Telephone Number: *
(xxx)xxx-xxxx
(980)316-4024
2f. Fax Number:
(xxx)xxx-xxxx
2g. Email Address: *
rbeadle@jacksonshaw.com
3. Applicant Information (if different from owner)
3a. Name:*
Ryan Beadle
3b. Business Name:
(if applicable)
Jackson Shaw
3c. Address*
Street Address
301 E Tremont Avenue, Suite C
Address Line 2
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28203 United States
3d. Telephone Number:*
(980)316-4024
(xxx)xxx-xxxx
3f. Email Address:*
rbeadle@jacksonshaw.com
4. Agent/Consultant (if applicable)
4a. Name:*
Jennifer Robertson
4b. Business Name:
(if applicable)
Atlas Environmental Inc
3e. Fax Number:
(xxx)xxx-xxxx
4c. Address*
Street Address
338 S. Sharon Amity Road #411
Address Line 2
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28211
4d. Telephone Number:*
(704)512-1206
(xxx)xxx-xxxx
4f. Email Address:*
jrobertson@atlasenvi.com
4e. Fax Number:
(xxx)xxx-xxxx
C. Project Information and Prior Project History
1. Project Information
1 a. Name of project: *
Old Beatty Ford Road
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town: *
China Grove
2. Project Identification
2a. Property Identification Number:
(tax PIN or parcel ID)
140 002, 140 003, 140
167, 140 170, 140 168,
140 168, 140 169,
133A099, and 140 004
2b. Property size:
(in acres)
149.25
2c. Project Address
Street Address
559 Old Beatty Ford Road
Address Line 2
City State / Province / Region
China Grove NC
Postal / Zip Code Country
28023
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS
device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile
phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal
place.)
Latitude:*
35.535973
ex: 34.208504
3. Surface Waters
Longitude:*
-80.593881
-77.796371
3a. Name of the nearest body of water to proposed project: *
Cold Water Creek
3b. Water Resources Classification of nearest receiving water:*
WS-IV
Surface Water Lookup
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.*
030401050202
River Basin Lookup
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the
*
time of this application:
The review area lies South of Old Beatty Ford Road and North of Hickory Wood Drive. The ground surface is
generally sloping Southwest towards a channel feature along the Southwestern boundary of the review area.
The topographic relief of the review area is approximately 110 feet based on GIS analysis with an
approximate maximum elevation of 830 feet and minimum elevation of 720 feet. The surrounding land use
consists predominantly of residential properties with a forested area to the Southeast. The current land use of
the review area is mostly forested with a powerline right of way transecting the property from the Northeast to
the Southwest. A narrow section of the review area extends from the Western region and extends to the
Eastern side of North Cannon Boulevard. At the time of the visit, seven structures were observed to exist
within the review area including an abandoned house, a well house, a cinderblock structure, three old barns,
and an old shed.
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:
0.595
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
6243
4h. Explain the purpose of the proposed project: *
The project purpose is for the construction of three industrial warehouse buildings and associated truck and
trailer parking, employee parking, stormwater treatment, utilities, and additional required infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Seven impacts are proposed for the construction including wetland impacts as W1 and W2, as well as two
impacts to intermittent streams S3 and S4, and three impacts to perennial streams S1, S2, and S5. Impact
W1 is being permitted under the NWP 39 is for the permanent fill to the entirety of WL 6000 (0.152 acre).
Impact W2, also permitted under NWP 39, 0.242 acres of permanent fill to the entirety of wetland WL 6100.
Both impacts to wetlands are for the construction of one building and subsequent parking. Impact S3 is being
permitted under the NWP 39 and is a permanent impact of 232 LF (0.02 acres) to CH 100 in the intermittent
reach of the channel for construction of the entrance road and parking. Impact S4 is a permanent impact of
(-0.002 acres) of CH 400 (-27 LF, 0.002 acres) for SCM slope fill. This impact falls under an NWP 18. All
three impacts to perennial channels are permitted under the NWP 39. Impact S1 is for 399 LF (0.025 acre) to
CH 600 for permanent parking, driveway access, and slope fill. Impact S2 is for 28 LF (0.003 acre) and is
impacting CH 100 near the existing culvert for the construction of an entrance road. Impact S5 is a temporary
impact of 40' (0.006 acre) for the proposed installation of a sanitary sewer. Typical construction equipment
such as dump trucks, dozers, track hoes, and skid steers will be used to grade the site.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes No Unknown
Comments:
Atlas staff was on site on 06/02, 06/03, 08/24, 10/19, and
11/16/2022
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Example: SAW-2017-99999
SAW-2022-01822
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant
Company:
Othe
Atlas staff
Atlas Environmental, Inc.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to
authorize any part of the proposed project or related activity? This includes other separate and distant
crossing for linear projects that require Department of the Army authorization but don't require pre -
construction notification.
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
Buffers
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland
area impacted.
"W." will be used in the table below to represent the word "wetland".
2a. Site
#*(?)
2a1 Reason*
(?)
2b. Impact
type* (?)
2c. Type of W. *
2d. W. name*
2e.
Forested*Jurisdicition*
2f. Type of
(?)
2g.
Impact
area *
W1
building 3 and
parking
P
Seep
WL 6000
Yes
Both
0.152
(acres)
W2
building 3 and
parking
P
Seep
WI 6100
Yes
Both
0.242
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.394
2g. Total Wetland Impact
0.394
2i. 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.
"S." will be used in the table below to represent the word "stream".
3a. Reason for
impact* (.)
3b.Impact
type*
3c. Type of
impact*
3d. S. name*
3e. Stream 13f.
Type* (?)
Type of
Jurisdiction
3g. S.
width*
3h.
Impact
length*
S1
building 3,
parking,
driveway access,
and slope fill
Permane
nt
Fill
CH 600
Perennial
Both
2
Average
(feet)
364
(linear
feet)
(0.023
acre)
S2
road crossing
Permane
nt
Culvert
CH 100
Perennial
Both
4
Average
(feet)
eetlir r
(0.003
acre)
S3
road crossing
and parking
Permane
nt
Culvert
CH 100
Intermitten
t
Both
3
Average
(feet)
232
(linear
feet)
S4
SCM slope fill
Permane
nt
Fill
CH 400
Intermitten
t
Both
3
Average
(feet)
22 (linear
feet)
(0.0014
acre)
S5
sewer line
installation
Temporar
y
Excavation
CH 800
Perennial
Both
6
Average
(feet)
40
(linear
feet)
** All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
686
3i. Total temporary stream impacts:
40
3i. Total stream and ditch impacts:
726
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: *
The permittee has avoided and minimized impacts through multiple methods including
avoiding impact to the floodplain and using 3:1 side slopes grading. Additional
minimization efforts include constructing retaining walls and headwalls. The total linear
footage of streams on site is 6,243 LF. Over 89% of the streams onsite will not be
permanently impacted. The total acreage of wetland on the site is 0.595 acre and almost
34% is not being impacted.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction
techniques: *
The permittee has avoided and minimized impact through multiple methods including
avoiding impact to the floodplain and using a 3:1 slopes for grading fill banks as well as
constructing retaining walls and headwalls.
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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Cardinal
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 1243
3c. Comments
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)
686
4c. If using stream mitigation, what is the stream
temperature:
warm
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website.
4d. Buffer mitigation requested (DWR only):
(square feet)
4e. Riparian wetland mitigation requested:
(acres)
0.394
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
4h. Comments
For the perennial stream impacts Atlas is proposing a 2:1 mitigation ratio. For the
intermittent stream impacts Atlas is proposing a 1.5:1 ratio. Atlas is proposing a 2:1 ratio
for wetland impacts.
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)
* Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC
Riparian Buffer Protection Rules?
Yes No
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
Yadkin-Peedee does not have 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
To look up low density requirement click here 15A NCAC 02H .1003(2).
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state
stormwater program or state -approved local government stormwater program? *
Yes No
N/A - project disturbs < 1 acre
Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy
state or locally -implemented stormwater programs through use of community in -lieu programs should answer no to this question.
2d. Which of the following stormwater management program(s) apply (check all that apply): *
Local Government State
If you have a local government approval please include the SMP on their overall impact map.
Local Government Stormwater Programs*
Phase II NSW
USMP Water Supply
Please identify which local government stormwater program you are using. *
China Grove / Rowan County
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public
(federal/state) land?*
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland
Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC
2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
This is not a phased project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? *
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity
available at that plant.
This industrial development will connect to an existing sanitary sewer system along N
Cannon Blvd (US Hwy 29).
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
5e. Is this a DOT project located within Division's 1-8?*
Yes No
Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?*
Yes No
5g. Does this project involve bridge maintenance or removal?*
Yes No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbines)?**
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?*
if bedrock is encountered during construction small scale blasting may be required
IPAC and NC NHP; see attached FWS comment letter
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? *
Essential Fish Habitat Mapper from NOAA Fisheries
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data:
http://gis.ncdcr.gov/hpoweb/
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as
having historic or cultural preservation status (e.g., National Historic Trust designation or properties
significant in North Carolina history and archaeology)?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological
resources? *
NC HPO Buffer Map; see attached SHPO comment letter
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
no permanent fill will occur with a FEMA designated 100-year floodplain, the only work
within the floodplain will be the installation of the sanitary sewer line
8c. What source(s) did you use to make the floodplain determination? *
FEMA NFHL Google Earth Tool
Miscellaneous
Comments
A 100-year floodplain is located within the review area. However, no construction is to occur within the
floodplain.
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
00 DWR 30 day notice.pdf 288.25KB
01 Preliminary ORM Data Entry Fields for New Actions (Old Beatty ... 384.86KB
02 Cover Letter.pdf 232.48KB
04 Agent Authorization Form 2022.pdf 324.29KB
05 Property Report complete.pdf 960KB
06 Impact map.pdf 1.73MB
07 Old Betty Ford Road Aquatic Resources Sketch Map 20221214.... 12.19MB
08 [Old Betty Ford] T&E Letter 22-580_USACE_.pdf 326.11 KB
09 SHPO ER-22-1656_2.0.pdf 131.11KB
File must be PDF or KMZ
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:*
Layla Tallent
Signature*
Date
12/29/2022
Impact VV2(NVVP39).
Headwater Seep, 0.242acre
Permanent, Building 3and Parking
Impact G1(NWP39),Perennial Stream
5O4linear feet, O.O23acre
Permanent, Building 3.Parking, Driveway
Access, and Slope Fill
Impact S4(NYVP18).Intermittent Stream
22linear feet, O.0O14acre, O.022ouyards
Permanent, GCMSlope Fill
605 LEX NGTON AVENUE, SUITE it
301
Impact S5(NVVP39).
Perennial Stream
40linear feet, 0.U08acre
Temporary, Sewer Line
Impact VV1(NVVP3Q).
Headwater Seep, 0152acre
Permanent, Building 3 and Parking
STREAM & WETLAND IMPACT MAP
OLD BEATTY FORD RD
LAND|EiROWAN COUNTY, NORTH CAROUNA
psuxoAx,z5,zo2a
D.I..R ARA. lR I-— - 111C111C A.. CIT I. -IC. ITW. IR11. III— FINIO 1.1-R I—— R I— W-..TWR-. A-.Rl-.. AN. A.-I......R. 1RINO . R.11.~1 ... I 1A.
Impact S3(NVVP3y).Intermittent Stream
332linear feet, 0.O20acre
Permanent, Road Crossing, Parking
Impact S2(NVVP30).
Perennial Stream
28linear feet, 0.003acre
Permanent, Road Crossing
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
NORTH CAROLINA
Director Environmental Quality
December 20, 2022
Ryan Beadle
Jackson Shaw
301 E. Tremont Avenue, Suite C
Charlotte, NC 28203
Expiration of Acceptance: 6/20/2023
Project: Old Beatty Ford Road County: Rowan
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Yadkin
03040105
Warm Stream
686
Yadkin
03040105
Riparian Wetland
0.394
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly.Williams@ncdenr.gov.
cc: Jennifer Robertson, agent
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Sincerely,
AellyAtieltuvnoe
FOR James. B Stanfill
Deputy Director
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976
fires
RES Aster, LLC Stream Mitigation Bank
Statement of Availability December 20, 2022
U.S. Army Corps of Engineers
Chris Hopper
Asheville Regulatory Field Office
151 Patton Avenue 3208
Asheville, NC 28801
Re Project: Old Beatty Ford Road
This document confirms that the Jackson Shaw and Ryan Beadle (Applicant) for the Old Beatty Ford
Road (Project) has expressed an interest to utilize 1243.00 Stream Mitigation Credits from the RES Aster
sponsored RES Yadkin 05 Umbrella Mitigation Bank, specifically 1243.00 Stream credits from the Cardinal
site, in the Yadkin HUC 03040105. As the official Bank Sponsor, RES Aster, LLC, attests to the fact that
mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance
of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured
credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring
the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase
price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a
documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate,
with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper
documentation.
Please contact me at 919-209-1055 or astaley@res.us if you have any questions.
Best Regards,
Amy Staley
Credit Sales Manager
Bank Sponsor — RES Aster, LLC