HomeMy WebLinkAbout20230904 Ver 1_ePCN Application_20230621DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
5/6/2022
BIMS # Assigned
20230904
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
Information for Initial Review
la. Name of project:
Steele Creek Industrial Warehouse Development
1a. Who is the Primary Contact?*
Dan McCauley
1b. Primary Contact Email: *
dmccauley@harthickman.com
Date Submitted
6/21/2023
Nearest Body of Water
Unnamed tributaries of Coffey Creek
Basin
Catawba
Water Classification
C (Coffey Creek classification)
Site Coordinates
Latitude:
35.183788
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
Yes No
Longitude:
-80.953031
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:andrew.pitner@ncdenr.gov
1c. Primary Contact Phone: *
(704)998-1864
Q
i�
Is this project a public transportation project?*
Yes No
1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying forthe permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
City of Charlotte C/O Real Estate Division
2b. Deed book and page no.:
03711-464, 33517-988, 33333-400, 33333-362, 33333-344, 24270-484, 04704-529, 04895-197
2c. Contact Person:
Michael Cain
2d.Address
Street Address
600 East 4th Street
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28202
United States
Yes No
Yes No
2e. Telephone Number:
(704)497-2764
2g. Email Address:'
Michael. Cain@foundrycommercial.com
3. Applicant Information (if different from owner)
3a. Name:
Michael Cain
3b. Business Name:
Foundry Commercial
3c.Address
Street Address
2151 Hawkins Street, Suite 100
Address Line 2
City
Charlotte
Postal / Zip Code
28203
3d. Telephone Number:
(704)497-2764
3f. Email Address:
Michael.Cain@foundrycommercial.com
4. Agent/Consultant (if applicable)
4a. Name:
Dan McCauley, PWS
4b. Business Name:
Hart & Hickman
4c.Address
Street Address
3921 Sunset Ridge Road, Suite 301
Address Line 2
City
Raleigh
Postal / Zip Code
27607
4d. Telephone Number:
(704)998-1864
4f. Email Address:
dmecauley@harthickman.com
C. Project Information and Prior Project History
1. Project Information
2f. Fax Number:
State / Province / Region
NC
Country
United States
3e. Fax Number:
State / Province / Region
NC
Country
United States
4e. Fax Number:
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Charlotte
2. Project Identification
2a. Property Identification Number:
14104123,14121101A,14121101B,
14121102, 14121103, 14121111, 14121120,
14122101,14122102,14122103,14122104, 2b.Property size:
and 14122126 74
2c. Project Address
Street Address
7401 7601, and 7611 Steele Creek Road and 7512, 7540, 8514, 8506 McAlpine Drive
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Unnamed tributaries of Coffey Creek
3b. Water Resources Classification of nearest receiving water:'
C (Coffey Creek classification)
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030103
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The Site consists of all or portions of twelve parcels of land located at 7401 7601, and 7611 Steele Creek Road and 7512, 7540, 8514, 8506 McAlpine Drive in Charlotte, Mecklenburg
County, North Carolina. The Site consists of forested land in the eastern and central portion of the Site, the church and associated structures in the west -central portion of the Site, and
cleared land with dirt paths in the western portion of the Site.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.675
4g. List the total estimated linear feet of all existing streams on the property:
121
4h. Explain the purpose of the proposed project:*
The developer plans to build an industrial warehouse development to serve the City of Charlotte and the surrounding areas.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The planned development area will be graded with heavy equipment to prepare a level building pad. A stormwater BMP is included.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No G Unknown
Comments:
PJD issued on 4/11/2022
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-00526
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Julia McGuire
Agency/Consultant Company: Hart & Hickman
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A PJD was issued by Mr. Scott Jones on 4/11/2022 (SAW-2022-00526)
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
0
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type* (?)]2c.
Type of W.*
2d. W. name
2e. Forested"
2f. Type of Jurisdicition*
?)
2g. Impact
area
W1
Grading/Fill
P
Headwater Forest
WAC
Yes
Corps
0.039
(acres)
W2
Grading/Fill
P
Headwater Forest
WAB
Yes
Corps
0.451
(acres)
W3
Grading/Fill
T
fft est
WAB
Yes
Corps
0.030
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.030 0.490
2g. Total Wetland Impact
0.520
21. Comments:
The permanent wetland impacts involve fill and grading required to facilitate the construction of Building 5 and Building 4. Temporary wetland impacts
are required for constructing and stabilizing the fill slope north of Building 5.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
See avoidance and minimization document attached
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
See avoidance and minimization document attached
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet) 4c. If using stream mitigation, what is the stream temperature
0
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet) (acres)
0 0.98
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested
0 0
4h. Comments
DMS approval letter reflects impact acreage and not proposed mitigation quantity. Wetlands with proposed impacts have WAM ratings of low and high,
thus the applicant proposes a 2:1 ratio for 0.49 acre of impact.
0
V
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is not located in a State regulated buffer area.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Charlotte
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed Site plan will develop the majority of the Site and additional development is not anticipated. Additional phases and/or impacts to Waters of
the U.S. are not planned or proposed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Wastewater will enter City of Charlotte sanitary sewer infrastructure and will be piped to an off -site City of Charlotte wastewater treatment plant.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Fish & Wildlife Service (FWS) on-line databases and on -Site reconnaissance (See information attached).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
http://www.habitat.noaa.gov/protection/efh/efhmapper/
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
H&H reviewed the National Registry of Historic Places, NC State Historic Preservation Office databases, and conducted on -Site reconnaissance. In a
letter dated February 2, 2023, NC SPHO expressed concerns with potential adverse effects to the Steele Creek Presbyterian Church (MK1377) and
John Douglas House (MK1361). See additional information attached.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?*
Reviewed FEMA Flood Insurance Rate Map ID #3710451200K
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Steele Creek Industrial Warehouse Development (NWP#39) PCN Application.pdf 6.99MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Dan McCauley
Signature
,ma r e;?r,& /,-/
L.l
Date
6/21 /2023