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Home My WebLink About20150399 Ver 1_401 Application_20150415F�MMMMMMMOM �, pG Office Use Only Corps action ID�n'o ® o < 2 0 1 5 0 3 9 9 DWQ protect no� u u U Form Version 1 4 January 200'T- Page 1 of 10 PCN Form — Version 1 4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a Type(s) of approval sought from the Corps ® Section 404 Permit ❑ Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 39 or General Permit (GP) number 1 c Has the NWP or GP number been venfied by the Corps? ❑ Yes ® No 1 d 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 le 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 1 g Is the protect located in any of NC's twenty coastal counties If yes, answer 1h below ❑ Yes ® No 1h Is the protect located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of protect Fortune Avenue 2b County Cabarrus 16 2c Nearest municipality / town Concord 2d Subdivision name n/a 2e NCDOT only, T I P or state protect no , 3 Owner Information ao NR �'ATa 3a Name(s) on Recorded Deed Nolim Group c/o Stephanie Androni FRP 0URCE 3b Deed Book and Page No 1345,0162 3c Responsible Party (for LLC if applicable) 3d Street address 1499 West Palmetto Park Rd 3e City, state, zip Boca Raton, FL 33486 3f Telephone no 516- 338 -7480 3g Fax no 3h Email address sandroni @nollmgroup com Page 1 of 10 PCN Form — Version 1 4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other, specify 4b Name Darius Oleksy 4c Business name (if applicable) SunCap Property Group 4d Street address 6101 Carnegie BLlvd #180 4e City, state, zip Charlotte, NC 28209 0 Telephone no 704- 607 -0877 4g Fax no 4h Email address DOlesky @suncappg com 5. Agent/Consultant Information (if applicable) 5a Name Charlie Wynne 5b Business name (if applicable) Environmental Permitting Consultants, Inc 5c Street address P O Box 1207 5d City, state, zip Lexington, SC 29071 5e Telephone no 803 -463 -1283 51' Fax no 5g Email address chadie @enviropermit com Page 2 of 10 B Project Information and Prior Project History 1 Property Identification 1 a Property identification no (tax PIN or parcel ID) 156015552350000 lb Site coordinates (in decimal degrees) Latitude 35 427772 Longitude -80 664505 1c Property size 59 847 acres 2. Surface Waters 2a Name of nearest body of water to proposed project Coddle Creek 2b Water Quality Classification of nearest receiving water I C 2c River basin Yadkin Pee Dee 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 wooded and undeveloped, with frontage along 1 -85 The property is located in an industrial development area 3b List the total estimated acreage of all existing wetlands on the property 2 238 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 1,812 3d Explain the purpose of the proposed project The purpose of this project is to erect an industrial development for a distribution facility 3e Describe the overall project in detail, including the type of equipment to be used The site is undeveloped and will require grubbing and grading to obtain design elevations for the construction of the budding and parking 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all riot phases) in the past? ❑ Yes ® No ❑ Unknown Comments Will be submitted with PCN 4b If the Corps made the jurisdictional determination, what type of determination was made'? ❑ Preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Charlie Wynne Agency /Consultant Company EPC Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 5. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Cl 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 3 of 10 PCN Form — Version 1 4 January 2009 C Proposed Impacts Inventory 1 Impacts Summary la 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 Wetland impact number Permanent (P) or Temporary T 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of impact (acres) W1 Choose one Choose one Yes /No - W2 Choose one Choose one Yes /No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes /No W5 Choose one Choose one Yes/No W6 - Choose one Choose one Yes /No 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 Stream impact number Permanent (P) or Temporary (T) 3b Type of Impact 3c Stream name 3d Perennial (PER) or Intermittent (INT)'? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 P Fill u/n tnb INT Corps 10 290 S2 Choose one - - S3 Choose one - - S4 Choose one - - S5 Choose one - - S6 Choose one - - 3h Total stream and tributary Impacts 290 31 Comments Page 4 of 10 PCN Form — Version 14 January 2009 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 indiv ually list all open water impacts below 4a Open water impact number Permanent (P) or —Temporary T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 - Choose one Choose 4f Total open water impacts 4g Comments S. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f Total 5g Comments 5h Is a dam high hazard permit required? Yes No If yes, permit ID no 51 Expected pond surface area (acres) 51 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 Project is in which protected basin? ❑ Neuse Tar - Pamlico Catawba [] Randleman ❑ Other 6b Buffer Impact number– Permanent (P) or Temporary T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet B 1 Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h Total Buffer Impacts. 61 Comments Page 5 of 10 D Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed Impacts in designing project The foot print of the project has been oriented at an angle to minimize impacts to Waters of the U S Orientating the budding in this manner has allowed the project to avoid any impacts to the stream and wetland that would have occurred on the southern portion of the project area 1 b Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques In order to avoid and minimize impact to the stream near the northern property boundary, a 188 linear foot retaining wall has been proposed instead of grading back the slopes This retaining waif construction technique, compared to grading back the slopes, allows for less of an impact to Waters of the U S within the project area 2 Compensatory Mitigation for Impacts to Waters of the U.S or Waters of the State 2a Does the project require Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State? ® Yes ❑ No 2b If yes, mitigation Is required by (check all that apply) ❑ DWQ ® Carps 2c If yes, which mitigation option 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 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity 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 290 linear feet 4c if using stream mitigation, stream temperature warm 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - npanan wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 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 Page 6 of 10 PCN Form — Version 1 4 January 2009 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 buffer mitigation? 0 Yes ® No 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 Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 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 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan la Does the protect 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 0 Yes ❑ No 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this protect? 49 2b Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c If this protect DOES NOT require a Stormwater Management Plan, explain why 2d If this protect DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan? City of Concord 3 Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? City of Concord ❑ Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) H Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑Yes ® No attached? 4 DWQ Stormwater Program Review OCoastal counties ❑HOW 4a Which of the following state - implemented stormwater management programs apply ORW (check all that apply) BSession Law 2006 -246 []Other 4b Has the approved Stormwater Management Plan with proof of approval been Yes ® No attached? 5 DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? 0 Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met'? 0 Yes �❑ No Page 8 of 10 PCN Form — Version 14 January 2009 F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the 0 Yes ® No use of public (federal /state) land? lb 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 ❑ Yes ❑ No letter) Comments 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? [3 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 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 facility Sanity sewer through existing gravity sewer line to the city of Roxboro treatment Page 9 of 10 PCN Form — Version 14 January 2009 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 X❑Yes ❑ No Impacts? 5c if yes, indicate the USFWS Field Office you have contacted Raleigh 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitatl httpJ /www fws gov/ raliegh /species/cntylist/cabarrus him] 6. Essential Fish Habitat (Corps Requirement) 6a WIII 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? http //www habitatnoaa gov /protection /efh/ethmapperlindex him[ 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a WIII this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation 0 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? httpJ /gis ncdcx gov /hpoweb/ 8. Flood Zone Designation (Corps Requirement) 8a WIII 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? FEMA Flood Map 3710560100) Panel 5601 Suo cap R"t 6'bor �- Dctrcus 04-ks1 `' Applicant/Agenfs Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Darius Olesky SunCap Property Group 6101 Carne, a Blvd t#180 Charlotte, NC 28209 Project: Fortune Avenue Division of Mltlgabon Services Donald R van der Vaart Secretary April 14, 2015 Expiration of Acceptance: October 14, 2015 County: Cabarrus The purpose of this letter is to notify you that the NCDENR 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 /CANIA permit 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 at www nceep net. Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are summarized in the following table The amount of mitigation required and assigned to DMS for this impact impact is determined by perin titing agencies and may exceed the impact amounts shown below Impact River Basm CU Location Stream (feet) Wetlands (acres) Buffer I (Sq Ft) Buffer Ii (Sq Ft) Cold Cool I Waiin Riparian Non - Riparian Coastal Marsh Yadkin 03040105 0 0 290 0 0 0 1 0 0 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation The mitigation will be performed m accordance with the In -Lieu Fee Program instrument dated July 28, 2010 Thank you for your interest in the DMS m -heu fee mitigation program If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915 cc William Elliott, USACE - Asheville Charlie Wynne, agent Sincerely, Jame,J8 Stanfill Asset Management Supervisor toff 2 k1ail Service Center, Raleigh, North Cardona 27099 -1052 nccne 919- 707 -8975' Internet www nceep net an Equal CoprOurity 1 Afrtnati je Adon Employer - Made in part 4om recycle! paper a CIF _ � 1 f t r f 4: i ton Wy. • r t Czmu��. Inc. 1\\ \\ �:. 1 lUl' NZ lip Not lot .... �N i \� 111� ,► �. !�1 ,,1 1 �; i • • i Y, -� .v Sal O p X O C9 � + ct O 4! M C9 O < N N O N A O N 01 O Q W N N tr O SU W � A O W to � O W O O t O A O A Ql O A W NO O O u+ N O U1 A O W p b N L- 0 C O O C sl N N N ct ° p O A � o — o� �J b 11= 111 -11 III -III= III = III =11 III= III -II =1 I I- III -I 11= 1 =1 11 =1 11 =1 =1 I I- III -I 11= 1 =1 I 1 =1 1I- 111 =I I I =11 IT_I -ITI- 1 =1 I 1 =1 III -III= 1 =1 I 1 =1 I- f f • __ - -may ..,i _'��` w . � ,� — - � ��• S t, . sir.- Lm la- §-- - -- - Y--+ mid title Page ( of I EFH Data Notice: Essential Fish Habitat (EFH) is defined by textual descriptions contained in the fishery management plans developed by the regional Fishery Management Councils. In most cases mapping data can not fully represent the complexity of the habitats that make up EFH. This report should be used for general interest queries only and should not be interpreted as a definitive evaluation of EFH at this location. A location- specific evaluation of EFH for any official purposes must be performed by a regional expert. Please refer to the following links for the appropriate regional resources. Query Results Degrees, Minutes, Seconds: Latitude = , Longitude = Decimal Degrees: Latitude = , Longitude = The query location intersects with spatial data representing EFH and /or HAPCs for the following species /management units. HAPCs No Habitat Areas of Particular Concern (HAPC) were identified at the report location. EFH Areas PrnUcVad -a %isihing No EFH Areas Protected from Fishing (EFHA) were identified at the report location. http: / /www.habitat.noaa.gov/ protection /eth/ethmapper /index.htmi 6/6/2014 Cabarrus County Endangered Species, Threatened Species,Federal Species of Concern, a Page 1 of 2 Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Cabarrus County, North Carolina Updated: 12 -26 -2012 Common Name Scientific name Federal Record Status Status Vertebrate: American eel Anguilla rostrata FSC Current Carolina darter Etheostoma collis collis FSC Current Invertebrate: Carolina creekshell villosa vaughaniana FSC Current Carolina heelsolitter Lasmigona decorata E Historic Vascular Plant: Prairie birdsfoot- trefoil Lotus un foliolatus var helleri FSC Current Schweinitz's sunflower Helianthus schweinazu E Current Virginia quillwort Isoetes virginica FSC Historic Nonvascular Plant: Lichen: Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range " T = threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range " C = candidate A taxon under consideration for official listing for which there is sufficient information to support listing (Formerly "C V candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below FSC — federal species of- concern -A- species- under - consideration for listing, for which -there is insufficient information to support listing at this time. These species may or may not be listed in the - - - -- future, -and many - ofthese- species- were - formerly- recognized -as "C2 "candidate species ------- - - - - -- - -- - - - - - - T(S /A) = threatened due -to- similarity of appearance. A -taxon -that is- threatened -due to- similarity -of -- - - http. / /www fws gov /raleigh /species /cntylist/cabarrus.html 6/6/2014 Cabarrus County Endangered Species, Threatened Species,Federal Species of Concern, a Page 2 of 2 appearance with another listed species and is listed for its protection Taxa listed as T(S /A) are not biologically endangered or threatened and are not subject to Section 7 consultation See below EXP = experimental population A taxon listed as experimental (either essential or nonessential) Experimental, nonessential populations of endangered species (e g , red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land P = proposed Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT ", respectively Bald and Golden Eagle Protection Act (BGPA): In the July 9, 2007 Federal Register( 72 37346 - 37372), the bald eagle was declared recovered, and removed (de- listed) from the Federal List of Threatened and Endangered wildlife This delisting took effect August 8,2007 After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U S C 668 -668d) becomes the primary law protecting bald eagles The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb ". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles For mor information, visit http.// www. fws. aov /migratorybirds/baIdeagle.htm Threatened due to similarity of appearance(T(S /A)): In the November 4, 1997 Federal Register (55822 - 55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S /A) (threatened due to similarity of appearance) The T (S /A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population The T(S /A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species In addition to its official status as T(S /A), the U S Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss Definitions of Record Status: Current - the species has been observed in the county within the last 50 years Historic - the species was last observed in the county more than 50 years ago Obscure - the date and/or location of observation is uncertain. Incidental /migrant - the species was observed outside of its normal range or habitat. Probable /potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both http- / /www fws gov /raleigh /species /cntylist/cabarrus.html 6/6/2014