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
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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
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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
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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
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