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HomeMy WebLinkAbout20220210 Ver 2_ePCN Application_20230322DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review 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: 2/22/2023 BIMS # Assigned 20220210 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review la. Name of project: 415 Gallimore Dairy Road Project la. Who is the Primary Contact?* Richard Vanore 1b. Primary Contact Email: * rvanore@kourycorp.com Date Submitted 3/22/2023 Nearest Body of Water East Fork Deep River Basin Cape Fear Water Classification WS-IV Site Coordinates Latitude: Longitude: 36.067676-79.949423 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Guilford Is this a NCDMS Project Yes No Version#* 2 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Seren Homer:Seren.Homer@ncdenr.gov 1c. Primary Contact Phone: * (336)299-9200 O Is this project a public transportation project?* Yes No 1a.Type(s)of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No Please provide the date of the previous submission. 2/3/2022 1b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 39 - Commercial/Institutional Developments 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: 1f. Is this an after -the -fact permit application? * Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1h. 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 1d. 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: Koury Corp LLC 2b. Deed book and page no.: 02620/008513 2c. Contact Person: Richard Vanore 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No O 2d. Address Street Address 2275 Vanstory St, Ste 200 Address Line 2 city Greensboro Postal / Zip Code 27403 2e. Telephone Number: (336)299-9200 2g. Email Address:* rvanore@kourycorp.com 3. Applicant Information (if different from owner) 3a. Name: Richard Vanore 3b. Business Name: Koury Corp LLC 3c.Address Street Address 2275 Vanstory St, Ste 200 Address Line 2 city Greensboro Postal / Zip Code 27403 3d. Telephone Number: (336)299-9200 3f. Email Address:* rvanore@kourycorp.com 4. Agent/Consultant (if applicable) 4a. Name: Michelle Measday 4b. Business Name: ECS Southeast LLP 4c.Address Street Address 5260 Greens Dairy Road Address Line 2 city Raleigh Postal / Zip Code 27616 4d. Telephone Number: (919)441-2437 0. Email Address:* MMeasday@ecslimited.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Greensboro 2. Project Identification State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: O 2a. Property Identification Number: 7814-94-3873 2b. Property size: 20.66 2c. Project Address Street Address 415 Gallimore Dairy Road Address Line 2 city Greensboro Postal / Zip Code 27409 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " East Fork Deep River 3b. Water Resources Classification of nearest receiving water:' WS-IV 3c. What river basin(s) is your project located it * Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300030102 4. Project Description and History State / Province / Region NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site is currently undeveloped and consists of maintained field and wooded lands. One unnamed tributary flows east to west across the site originating from a headwater wetland. Commercial and industrial properties are located adjacent to and in the vicinity of the site. 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: 0.48 4g. List the total estimated linear feet of all existing streams on the property: 618 4h. Explain the purpose of the proposed project:* The purpose of the project is to develop the site with four commercial buildings including a 126,000-SF warehouse building, a 52,500-SF warehouse building, a 12,000-SF commercial building and a 10,800-SF commercial building. Driveway access points are located along Gallimore Dairy Road and Chimney Rock Road. In addition to the commercial buildings, other improvements to the property include vehicular parking, tractor trailer parking, loading dock area, fire safety lanes, interior access drives, infrastructure improvements, landscaping, lighting, and stormwater management measures. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project will introduce approximately 10.38 acres of impervious cover to the 20.9-acre site or 49.7 % of built upon area/impervious cover. Stormwater management measures include the construction of two wet detention basins that will collect stormwater from the newly created impervious areas introduced by the project. Design of the stormwater management measures meet State design standards and will be reviewed and approved by the City of Greensboro. Greensboro has been delegated authority to review the proposed stormwater management measures by the State. The development will be constructed via standard construction procedures. Proper erosion and sediment control measures would be utilized and maintained throughout the project. Typical materials and machinery will be used on -site during the construction process. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-00395 PJD 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Michelle Measday Agency/Consultant Company: ECS Southeast LLP Other: G Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 4/21/2021 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? No. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts I1 0 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * (?) 2g• Impact area * W1 Grading P fedwater Forest W1 Yes Corps 0.210 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.210 2g. Total Wetland Impact 0.210 2i. Comments: Fill necessary for leveling the site for the 126,000 building and vehicular parking lot. E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Evans Engineering was tasked with avoiding/minimizing impacts to onsite wetland and stream resources, while creating level areas for the proposed commercial structures. Impacts to the onsite stream and associated riparian buffer have been avoided. Impacts to the wetland were unavoidable in that leveling of the site to support the 126,000-SF warehouse required grading into the wetland. Grading was set at a 2:1 slope minimizing further grading into the wetland. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Appropriate construction techniques will be used, and erosion control measures will be implemented to minimize siltation, sedimentation, and other impacts. Efforts will be made before, during, and after construction to minimize the extent and duration of project -related disturbances to downstream water resources. The construction techniques shall be conducted in accordance with North Carolina Department of Environment and Natural Resources standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control during roadway development activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 4c. If using stream mitigation, what is the stream temperature: 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4e. Riparian wetland mitigation requested: (acres) 0.42 4g. Coastal (tidal) wetland mitigation requested: (acres) F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management programs) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Greensboro/Guilford Comments: The Stormwater Management Plan is currently under review in Greensboro. G. Supplementary Information 1. Environmental Documentation 1a. 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 28 .021 Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. This is a stand alone project and complete project. 01 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. Guilford County and City of Greensboro Public Utilities 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. Raleigh 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? See USFWS IPaC letter dated 12/3012021. See below for further evaluation and conclusions. Schweinitz's Sunflower, Survey Window: late August to October Description: Schweinitz's Sunflower is a perennial herb that produces solitary stems, up to 2 m tall and bears yellow flower heads in late summer and early autumn. Habitat: Schweinitz's Sunflower occurs in clearings, and edges of, upland oak -pine -hickory woods and piedmont longleaf pine forests in moist to dryish sandy loams. The sunflower requires full to partial sun of an open habitat, which was formerly maintained over the species' range by wildfires and grazing by herds of bison and elk. Now most occurrences are confined to roadsides and powerline clearings. Conclusions: The site consists of wooded land and maintained fields to the forest edge. The surrounding land use includes industrial and commercial properties. A targeted survey was performed on site to identify Schweinitz's sunflower, but was not during the appropriate flowering window. The field is aggressively maintained and mowed. Field edges along cleared areas were examined for Schweinitz's sunflower or any sunflower species and none were identified. Therefore, ECS concluded that habitat does not exist on site for Schweinitz's sunflower and the project proposed for the site would have no effect on Schweinitiz's sunflower. Small -whorled pogonia, Survey Window: mid -May to early July Description: Small -whorled pogonia has a greenish -white stem that grows between 3 — 13 inches tall. Habitat: Small whorled pogonia can be limited by shade. The species seems to require small light gaps, or canopy breaks, and generally grows in areas with sparse to moderate ground cover. Too many other plants in an area can be harmful to this plant. This orchid typically grows under canopies that are relatively open or near features that create long -persisting breaks in the forest canopy such as a road or a stream. It grows in mixed -deciduous or mixed- deciduous/coniferous forests that are generally in second- or third -growth successional stages. The soils in which it lives are usually acidic, moist, and have very few nutrients. Habitat: Small -whorled pogonia is found sporadically across the eastern United States and Canada. In North Carolina, this species is extant in Burke, Cherokee, Guilford, Jackson, McDowell, Rutherford, and Transylvania counties. It is considered historic in Haywood, Henderson, Macon, and Surry counties. Conclusions: ECS concluded no effect due to lack of habitat on site. The tree canopy was moderate to dense with very little canopy breaks for light to reach the ground. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? " Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?" NC HPO Web Mapper and response letter. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8c. What source(s) did you use to make the floodplain determination?" FEMA MSC Mapping Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to allach document ORM Form Gallimore Dairy 2022-Jan-28.pdf 36.46KB 401 Pre -File Email 2023-02-22.pdf 73.13KB 49-11545-C Gallimore Dairy Road 404-401 Wetland Permit Report.pdf 7.21 MB 415 GALLIMORE DAIRY WETLAND IMPACT MAP-02-01-23.pdf 1.14MB File must be PDF or KMZ Comments The same application was previously submitted to the Corps in February 2021 and withdrawn. Documentation is included in the attached 404/401 Wetland Permit Report. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction' subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Michelle Measday Signature "1"i'll4f Date 3/22/2023 O