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HomeMy WebLinkAbout20150521 Ver 1_401 Application_20150515TO NC DWQ, WBSCP Unit 512 North Salisbury Street Raleigh, NC 27604 We are Sending .COPY TO (A) Addressee (B) ESP Main Project File (C) PM's Project File LETTER OF TRANSMITTAL ESP Project Name Cannon Mills Landfill (1st Submittal) ESP Project No BN12 609 006 Attention Alan Johnson Sr Environmental Spec Date Mav 20, 2015 ❑x Enclosed FIChange Order E:1 Originals Samples FIComputations E:1 Sepia(s) Literature FISpecifications F-1 Print(s) Copy of Letter Thumb Drive 5-1 4 Set(s) of Plans ❑ Under separate cover via 'Copies 2 Dated 05/20/15 Sheet CO 0 -C7 0 ESP Associates, P.A. A P.O Box 7030 CO 0 -C7 0 Charlotte, NC 28241 is y ESPwww.espassociates.com 3475 Lakemont Blvd Fort Mill, SC 29708 10 704 583.4949 (NC) 4 803 802 2440 (SC) 1 Vicinity Map / USGS Topographic Map TO NC DWQ, WBSCP Unit 512 North Salisbury Street Raleigh, NC 27604 We are Sending .COPY TO (A) Addressee (B) ESP Main Project File (C) PM's Project File LETTER OF TRANSMITTAL ESP Project Name Cannon Mills Landfill (1st Submittal) ESP Project No BN12 609 006 Attention Alan Johnson Sr Environmental Spec Date Mav 20, 2015 ❑x Enclosed FIChange Order E:1 Originals Samples FIComputations E:1 Sepia(s) Literature FISpecifications F-1 Print(s) Copy of Letter Thumb Drive 5-1 4 Set(s) of Plans ❑ Under separate cover via 'Copies 2 Dated 05/20/15 Sheet CO 0 -C7 0 Description Hard copies of Cannon Mills Landfill construction plans (24 x 36) 2 05/20/15 CO 0 -C7 0 Hard copies of Cannon Mills Landfill construction plans (11 x 17) 4 05/20/15 10 PCN application 4 05/20/15 1 Vicinity Map / USGS Topographic Map 4 05/20/15 1 NRCS Soil Survey Map 1 05/20/15 1 Division of Water Resources Check 1 05/20/15 3 PCN checklist 1 05/20/15 3 NWP13 PCN Agent Authorization Letter 4 05/20/15 4 Preliminary Jurisdictional Wetland Determination 4 05/20/15 1 Stream Identification Map These are Being Sent Approved as Noted For Your Approval Q For Your Use 0 For Your Review and Comment 0 For Your Signature 0 For Bids Due ❑ Approved as Noted Approved as Submitted Approved as Changed Returned for Corrections Returned After Loan to Us WWI Corrected and Returned As Requested By ❑ Courier Eld Federal Express ❑ Mail D Other Attached is the first submittal for Cannon Mills Landfill for your review Please let me know if you have any questions or need additional information Thanks, Nora Zirps Signed & Date Nora Zirps, PE 5/20/2015 Signed & Date If enclosures are not as noted, kindly notify us immediately Version 1 4 January 9, 2009 401 & Buffer Permitting PCN Submittal Checklist ® The application fee (Checks may be made out to "N C Division of Water Resources" - $240 00 for 401 Water Quality Certification with minor impacts - $570 00 for 401 Water Quality Certification with mayor impacts - Express Review Fee (Amount requested on Acceptance Letter) ® Four (4) complete and collated copies of the PCN Application and supporting documentation (instead of providing 4 copies of the full size plans you may provide two copies of full size plans along with two copies of 11 X 17 plans) ® Stormwater Management Plan (if applicable — see PCN Form Help File Section E) 1) Please provide three (3) copies of the stormwater management plans along with all supporting information pertaining to this project including the following a Entire site development/layout plans delineating all drainage areas, b Design calculation sheets for all proposed BMP(s) sized for both on -site and off -site drainage, c BMP supplements for each proposed BMP and Required Items Check List (http //portal ncdenr orq /web /Ir /bmp- manual) along with all required items, d A Notarized Operation & Maintenance Agreement for each stormwater management facility, e Detailed construction drawing sheets shall include (i) Erosion and sediment control plans, (ii) Installation and planting schedules for the proposed BMPs, (iii) Appropriately scaled plan views and cross sectional details of all BMPs and associated components — inlet and outlet structures, forebay, respective zones and pertinent elevations ® If your project is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form 1) Three (3) copies of the details for on -site diffuse flow provisions, (refer to http //portal ncdenr org /web /Ir /bmp- manual) ® DWR Stream Determination Forms for streams on property and DWR determination letter for wetlands or streams (if applicable) The following is the most critical of all the information that you must provide The quality and detail of the information will often determine the expeditiousness of the review The following is a checklist of the types of pertinent information required at a minimum Maps and Plans: ® The most recent version of the 1 24,000 USGS Topographic Map - Please cleanly draw or delineate the site boundaries on the topographic map ® The most recent version of the bound and published County NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar - Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) - Please clearly delineate the site boundaries, etc on the map If the delineation obscures any of the features, it is recommended that a clean copy be provided Copies of the Version 1 4 January 9, 2009 current soil survey and /or soil survey map sheets can be obtained from the local NRCS County Office (http / /www nc nres usda qov/) GIS soil layers are not acceptable ® Vicinity map - Please clearly mark the location and approximate boundaries of the property and project on the map Please indicate north arrow and scale Please include applicable road names or State Road numbers ® The Site Plan - The most critical map to be provided is the site plan You must provide full sized plans The following is the minimum list of plans that are typically needed ® Pre - construction /Pre- existing conditions - This sheet (or sheets) must include • All Jurisdictional and non - jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Topographic contours with elevations • Any existing structures and impervious areas • Existing utility lines and easements • Existing roads, culverts, and other pertinent features • North arrow and the scale (1" 50' scale is recommended) ® Proposed conditions - This sheet (or sheets) must include • All Jurisdictional and non - jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Lot layout (if a subdivision or commercial development is proposed) - lots must be developable without further impacts to iurisdictional and non - jurisdictional wetlands, streams, water features, and State regulated buffers Building envelopes must be provided when streams, wetlands, riparian buffers, or water features exist on a lot • All built -out structures and impervious cover • Final grading contours with elevations • All utilities and easements (including septic fields on all lots within 100 feet of stream, wetland, or water features - if applicable) • Impacted areas — these should correspond with the Impact numbers listed on your PCN form ® Drainage Plans - Final drainage plans must include the following • Locations and pertinent elevations and sizes of the stormwater collection system and drainage ways • All inlets and outlets must also be shown with pertinent elevations (All outlets to wetlands must be at a non - erosive velocity, generally less than 2 ft/sec during the peak flow from the 10 -yr storm) • Scaled stormwater BMPs must also be indicated as required by DWR rules and policies • In certain cases (see Section E of PCN form), final stormwater management plans must also be provided (see Stormwater Management Plan Checklist) ® Proposed Impacts - All impacts to Jurisdictional and non - Jurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans at a scale no smaller than 1" = 50' All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near Jurisdictional and non - Jurisdictional wetland, stream, water features, and State regulated buffers must be indicated Please provide cross sectional details showing the provisions for aquatic life passage (burial of culvert 20% for culverts <_ 48 inches, and 1 -foot for culverts > 48 inches) Version 1 4 January 9, 2009 Wetland Impacts: ® Precise grading and final elevation contours must be provided Existing vegetation and any clearing must be specified ® All subsurface utility lines must indicate the location of anti -seep collars Construction detail for anti -seep collars must be provided ® Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions ® Plans should show that the hydrology of remaining wetlands on the site will be maintained Stream Impacts: ® Stream impacts must be clearly shown on the plans The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted ® The inlet and the outlet of all culverts should be aligned with the stream as much as possible Inlet and outlet elevations and streambed elevations should be indicated Any inlet or outlet protection must be shown and enumerated on the impact map(s) ® For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank Additionally, please provide a signed and sealed geotechnical report of subsurface soils at the proposed bottomless culvert location The report must comply with the Division of Highways — Guidelines for Drainage Studies and Hydraulic Design, prepared by A L Hankins, Jr, State Hydraulics Engineer - 1999 ® Multiple culverts or sectioned box culverts typically require the use of sills, off- setting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage) A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood -prone area ® Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization The length of stream impounded must also be indicated and enumerated TF -_,�Cr pF j� k Y" 0;r, 2 0 1 5 0 5 2 1 Office Use Only Corps action I no DWQ project no Form Version 14 January 2009 Page 1 of 10 PCN Form —Version 1 4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing la Type(s) of approval sought from the Corps Q Section 404 Permit ❑ Section 10 Permit 1b Specify Nationwide Permit (NWP) number 13 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? 0 Yes ❑ No 1 d Type(s) of approval sought from the DWQ (check all that apply) 0 401 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 X❑ No For the record only for Corps Permit ❑ Yes X❑ 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 ❑X No 1 g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑ Yes ❑X No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC) ❑ Yes ❑X No 2. Project Information 2a Name of project Cannon Mills Landfill 2b County Rowan 2c Nearest municipality / town Kannapolis 2d Subdivision name N/A 2e NCDOT only, T I P or state project no 1/01 IF mni 3. Owner Information 3a Name(s) on Recorded Deed Atlantic American Properties, Inc MAY 3b Deed Book and Page No Book 1147 Page 434 3c Responsible a Party (for LLC if Dianne Moon NR OF TER P ESOURCES 3d Street address 210 Oak Avenue 3e City, state, zip Kannapolis, NC 28081 3f Telephone no (704) 932 -0141 3g Fax no (704) 938 -5444 3h Email address dsmoon @castlecook corn Page 1 of 10 PCN Form —Version 1 4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑X Agent ❑ Other, specify 4b Name Nora Zirps 4c Business name (if applicable) ESP Associates, P A 4d Street address 3475 Lakemont Boulevard 4e City, state, zip Fort Mill, SC 29708 4f Telephone no 803- 802 -2440 4g Fax no 803 - 802 -2515 4h Email address nzirps @espassociates corn 5. Agent/Consultant Information (if applicable) 5a Name same as applicant 5b Business name (if applicable) 5c Street address 5d City, state, zip 5e Telephone no 5f Fax no 5g Email address Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a Property Identification no (tax PIN or parcel ID) Tax Parcel Numbers 148 126 and 148 258 lb Site coordinates (in decimal degrees) Latitude 35 51064 Longitude -80 62806 1c Property size 3586 acres 2. Surface Waters 2a Name of nearest body of water to proposed project Baker & Lumber Yard Branches (to Irish Buffalo Creek) 2b Water Quality Classification of nearest receiving water C 2c River basin Yadkin- PeeDee Basin 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 existing site consists of Mixed Deciduous - Coniferous Forest Land (44) and Herbaceous Cover (31) Inland Water Bodies (52) border the project site to the northwest, west, south, and southeast The land uses at the site are Altered Lands (5 01), since the site is a non - hazardous waste landfill, and Public Assembly, Recreational, Cultural, and Entertainment (1 09), since a paved walk/bike path traverses the site 3b List the total estimated acreage of all existing wetlands on the property 0 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property. 2,797 3d Pull Explain the purpose of the proposed project buried waste away from the bordering streams and install a soil cover system to isolate waste from exposure and thus mitigate site risks 3e Describe the overall project in detail, including the type of equipment to be used See attachment 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 prior phases) in the past? ❑X Yes ❑ No ❑ Unknown Comments 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). Steve Kichefski Agency /Consultant Company USACE Wilmington District Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation March 4, 2013 5. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b If yes, explain in detail according to "help file" instructions 6. Future Project Plans 6a Is this a phased project? ❑ Yes ❑X No 6b If yes, explain Page 3 of 10 PCN Form —Version 14 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands X❑ 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 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 T Excavation Baker Branch PER Corps 25 1,095 S2 T Excavation Lumber Yard Branch PER Corps 25 1,090 S3 T Excavation LIT to Lumber Yard Br INT Corps 15 612 S4 Choose one S5 Choose one S6 - Choose one - - 3h Total stream and tributary impacts 2,797 31 Comments Page 4 of 10 PCN Form — Version 1 4 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 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 5 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) 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. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet B1 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 Since landfill waste is present in the existing vertical and near - vertical banks of the streams, grading adjacent to the streams is required to remove said waste Finished slopes will be no steeper than 3H 1V, and grade breaks will be constructed where slopes exceed 20 feet in height Following installation of the landfill soil cover system, the slopes and benches will be stabilized to control erosion using erosion control matting, grasses (including native riparian grasses on the bankfull bench), and native riparian and upland trees lb Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques During construction, temporary erosion and sedimentation control measures in upland areas will include silt fencing, earthen stormwater diversion ditches with rock check dams, slope drains, and a skimmer basin near the confluence of the Baker Branch and Lumber Yard Branch Construction along the streams will be conducted in short sections, and a channel pump around will be used to divert the stream flow around the construction zone Permanent stabilization of disturbed areas will be performed within 7 calendar days of start of work in a given area along the streams 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 X❑ No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 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 Pro ram 4a Approval letter from in -lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature Choose one 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 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 protect result in an impact within a protected riparian buffer that requires buffer mitigation? E] Yes OX 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 15 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 project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑X No 1 b If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes ❑ No 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 0 2b Does this project require a Stormwater Management Plan? ❑ Yes No 2c If this protect DOES NOT require a Stormwater Management Plan, explain why No new impervious surfaces are being installed as part of this protect 2d If this project 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? 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? City of Kannapolis 3b Which of the following locally - implemented stormwater management programs apply (check all that apply) ED Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes X❑ No 4. DWQ Stormwater Program Review 4a Which of the following state - implemented stormwater management programs apply (check all that apply) []Coastal counties ❑HQW ❑ ORW ❑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? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ 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 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 FX� No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c 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 X❑ No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after- the -fact permit application? El Yes ❑X 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 Following completion of this landfill remedial action project, the site will remain an open space 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 Sewage will not be generated as part of this project Page 9 of 10 PCN Form — Version 1 4 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 ❑X 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 Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Email communications with USFWS, North Carolina Natural Heritage Program, and North Carolina Wildlife Resources Commission 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? Email communications with North Carolina Natural Heritage Program and North Carolina Wildlife Resources Commission 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 X❑ 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? Email communications with North Carolina Department of Cultural Resources 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year floodplain? X❑ Yes ❑ No 8b If yes, explain how project meets FEMA requirements Based on a Hydraulic Flood Analysis, the project will not result in any increase in 100 -year flood water surface elevations in the FEMA floodplain for the Baker Branch or the Lumber Yard Branch in the areas adjacent to the protect 8c What source(s) did you use to make the floodplain determination? FEMA Panel Number 3710561400J, Effective Date June 16, 2009 (Rowan County, NC) Nora Zirps, PE Llz-� May 20, 2015 Applicant/Agent's Printed Name Date Applicant/ gent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 Section B Question 3e Describe the overall project in detail, including the type of equipment to be used The project includes the clearing and grubbing of existing forested and grassed land, pulling waste away from the bordering streams and placing it elsewhere within the site boundary, flattening /stabilizing the slopes, grading of the existing site, installing an 18 -inch thick soil cover system over the site as a containment remedy, and installing permanent erosion control measures (grass swales, rip rap outlet protection, etc ) A temporary skimmer basin will be constructed for sediment control Conventional excavation and grading equipment (track hoes, bull dozers, sheep's foot rollers, skid steer loaders, etc ) will be used r-1 `4-`A kh 1 06 WyRmANEvy Lu CAMDEN AV O LU Ui cn m It r_w C QL M. OF cc) 0 0 P.57 9 . T�H SO INT, 17TH 7TH ST 18TVi ST 16TH 1 4W TH St�;A 7TH ST OEL ST ZARY STI T z IVSNIPEST2 !Fuj AAN* Z 0 Lu— > uj 0 > < U) LU WIN A, ECST > 0 < cc > > T -j LU M -j ui f --y < 0 -%— & � Pon) 0 11TH ST-- lomwi�fOR14 _ I , AV - 7 - -. --rd" �A OAK 0 w kCK6040'., ARK,AR q. ' —- N • -- Wg, O/v VENUS ST ,9;p"q- JANIE S > CENTRAL DRI 04 4ZO' LANE ST co Lr CID X- W, HILLSREST ST SRO T cl TUTTLEWOOD DR PUT r ���� .� ■� ■iii + �I �\ \ice \ \\ __ _�_�������• �'�'i Mr-2 �i l......: .. = =own 040 ho JL4 CID .� +• DO ffil ■ i i� Q Legend SHEET TITLE Feet l � Adjacent Parcels Estimated ed Waste Disposal Flood Hazard Lines Topographic Contours (21t) Stream Identification Map Q 100 200 400 600 N PROJECT NO. BN 12.609.006 � �� Area Perimeter °100- Year" Floodplain Structures "500 -Year" Floodplain _ paved Greenway SCALE AS SHOWN ESP Property Boundary Floodway ' Source: Adjacent parcel information from Kannapolis, NC GIS. Existing Storm Pipe Other information from Location and Topographic Survey CsP Associates P.A. ,,,. Perennial Stream Existing Sanitary Sewer Cannon Mills Landfill �'�- performed by Allied Associates, P.A. dated 1/31/11 DRAWN BY AM PO. Box 7030 Manholes NCDO03 9 62666 (Revised 3/28/13) and Schnabel Engineering figures dated Charlotte NC, 28241 —SS– Existing Sanitary Sewer .�.�� Intermittent Stream 1/18/13 (Revised 3112113). DATE CHECKED BY NZ www.espassociates.com Kannapolis, Rowan County, NC May 20, 2015 Phone: 803- 802 -2440 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action I D SAW - 2010 -00776 County Rowan U S G S Quad Enochville NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner /Agent Atlantic American Properties / Attn• Brad Cardwell Address 224 Oak Avenue Kannapolis, NC 28081 Telephone No 704 - 273 -1224 Property description Size (acres) —25 acres Nearest Waterway Irish Buffalo Creek Coordinates 35 51024 / -80 628264 Nearest Town KannapoIis River Basin Rocky Watershed, Upper Pee Dee Basin Hydrologic Unit Code 03040105 Location Description The site is located at 614 8th Street in Karinapolis, Rowan County, North Carolina Indicate Which of the Following Apply: A. Preliminary Determination X Based on preliminary information, there may be waters and wetlands on the above described property We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction To be considered final, a junsdictional determination must be verified by the Corps This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) ) If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction Also, you may provide new information for further consideration by the Corps to reevaluate the JD B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our pubhshed regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification We strongly suggest you have the waters and wetlands on your property delineated Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner For a more timely delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps _ The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years _ The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on Unless there is a change in the law or our published regulations, this determination may be 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 property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification Action Id SAW- 2010 -00776 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this determination and/or the Corps regulatory program, please contact Steve Kichefski at 828 -271 -7980 C. Basis For Determination There are stream channels located on the property that exhibit indicators of ordinary high water marks The stream channel on the property is an unnamed tributary to Irish Buffalo Creek which flows into the Rocky Watershed, Upper Pee Dee Basin River The UT to Insh Buffalo Creek flows to the Atlantic Ocean via Irish Buffalo Creek, the Rocky River and the Pee Dee River The Pee Dee River is a Section 10 navigable water at the Blewett Falls Dam D. Remarks: No jurisdictional features are located within the designated project area according to the map received via email on March 1, 2013, although jurisdictional features are located within the property boundaries. E. Attention USDA Program Participants This delmeation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request The del meation/d etermination may not be 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 (This information applies only to approved jurisdictional determinations as indicated in B above) Attached to this verification is an approved jurisdictional determination If you are not in agreement with that approved junsdicttonal determination, you can make an administrative appeal under 33 CFR 331 Enclosed you will find a request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address US Army Corps of Engineers South Atlantic Division Attn Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303 -8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the critena for appeal under 33 CFR part 331 5, and that it has been received by the Division Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence ** Corps Regulatory Official Steve Kichefski >; r3' Issue Date March 4, 2013 Expiration Date March 4, 2018 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 our website at http / /per2 nwp usace army miUsurvey html to complete the survey online CF Gerald Pottem, RJG &A Environmental Consultants, 1221 Corporation Parkway, Suite 100, Raleigh, NC 27610 Michael Burkhard, DWQ, 610 East Center Avenue, Suite 301, Mooresville, NC 28115 2 "N 3' 'L 7-4 TI ANDO FOR,APPEAL',-)�— TEQU ST,�' ")far, ,E W Applicant Atlantic American Properties / Attn Brad File Number- SAW - 2010- Date March 4, 2013 Cardwell 00776 Attached is See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army rml/CECW/Pages/reg materials as or 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 your work 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 appeal the permit, including its terms and conditions, and approved jurisdictional determinations 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 11 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 your right to appeal the permit in the future Upon receipt of your letter, the district engineer will evaluate your objections and may (a) modify the permit to address all of 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 appeal 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 your work 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 appeal the permit, including its terms and conditions, and approved jurisdictional determinations 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 appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 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 C PERMIT DENIAL You may appeal the denial of a permit under the Corps of Engineers Admimstrative Appeal Process by completing Section 11 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 "PROVED JURISDICTIONAL DETERMINATION You may accept or 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 widiin 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD • APPEAL If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sendmg the form to the division 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 may be appealed), by contacting the Corps district for further instruction Also you may provide new information for further consideration by the Corps to reevaluate the JD SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS (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 appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record Neither the appellant nor the Corps may add new information or analyses to the record However, you may provide additional information 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/or the appeal If you only have questions regarding the appeal process you may process you may contact also contact Steve Kichefski, Project Manager Mr Jason Steele, Administrative Appeal Review Officer USACE, Asheville Regulatory Field Office CESAD -PDO 151 Patton Ave U S Army Corps of Engineers, South Atlantic Division RM 208 60 Forsyth Street, Room IOM15 Asheville, NC 28806 Atlanta, Georgia 30303 -8801 828 -271 -7980 Phone (404) 562 -5137 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 durmg the course of the appeal process You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations Date Telephone number Signature of appellant or agent For appeals on Initial Proffered Permits send this form to- District Engineer, Wilmington Regulatory Division, Attn• Steve Mchefski, 69 Darlington Avenue, Wilmington, North Carolina 28403 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. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10MI5, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 4 m V, 0A il �34 t-4 a r o 11 tan,