20231137 Ver 1_ePCN Application_20230812

DWR
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:
11/28/2022
BIMS # Assigned
20231137
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
ODFL Concord Service Center
1a. Who is the Primary Contact?*
Kyle M. Hoyt
1b. Primary Contact Email: *
[e-mail]
Date Submitted
8/12/2023
Nearest Body of Water
Wolf Meadow Branch
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.380067
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cabarrus
Is this a NCDMS Project
Yes No
Longitude:
-80.641496
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:[e-mail]
1c. Primary Contact Phone: *
[phone]
0
V
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
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:
Bootsmead Lease Co.
2b. Deed book and page no.:
11173/0099
2c. Contact Person:
Mark Fiddles
2d.Address
Street Address
1717 S Boulder Avenue Suite 400
Address Line 2
City
Tulsa
Postal / Zip Code
74119
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
OK
Country
United States of America
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Kyle M. Hoyt
3b. Business Name:
Hoyt + Berenyi, LLC
3c.Address
Street Address
346 Seacoast Parkway, Suite 200
Address Line 2
City
Mt. Pleasant
Postal / Zip Code
29464
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Chris Tinklenberg, PWS
4b. Business Name:
Kimley-Horn and Associates
4c.Address
Street Address
580 Kingsley Park Drive, Suite 125
Address Line 2
City
Fort Mill
Postal / Zip Code
29715
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
2f. Fax Number:
State / Province / Region
SC
Country
United States of America
3e. Fax Number:
State / Province / Region
SC
Country
United States of America
4e. Fax Number:
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Concord
2. Project Identification
2a. Property Identification Number:
2b. Property size:
55197810620000
31.33
2c. Project Address
Street Address
Address Line 2
City
State / Province / Region
Postal / Zip Code
Country
0
3. Surface Waters

3a. Name of the nearest body of water to proposed project:
Wolf Meadow Branch
3b. Water Resources Classification of nearest receiving water:"
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050105
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: *
Hoyt + Berenyi, LLC is proposing the construction of one (1) less than truckload (LTL) freight facility space on an
approximately 31.33-acre property. The subject property is comprised of undeveloped forest land and open fields. The
subject property is bound by undeveloped forest land and open fields to the north, New Town Way SW to the south,
undeveloped forest land to the east, and George W. Liles Parkway to the west in Concord, Cabarrus County, North Carolina.
The site will be brought into compliance with both state and local regulations for zoning, landscaping, and stormwater.
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:
5.03
4g. List the total estimated linear feet of all existing streams on the property:
1,722
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct one (1) LTL freight facility space totaling ±54,000 square -feet (SF) and associated
infrastructure necessary to service the industrial development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
ODFL Concord Service Center is the proposed construction of one (1) less than truckload (LTL) freight facility space totaling
±54,000 square -feet (SF), including access roads, utilities, and stormwater management facilities. Authorization is
requested under NWP 39 to permanently impact 0.21-acre of wetlands necessary for the construction of the interstate
motor freight facility, and temporarily impact 0.065-acre of wetlands necessary for the sanitary sewer connection.
General construction equipment includes, but is not limited to, bulldozers, excavators, front-end loaders, etc. used for
construction purposes.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No C3 Unknown
Comments:
(SAW-2022-01741) Kimley-Horn submitted a Preliminary Jurisdictional Determination (PJD) request
package to the United States Army Corps of Engineers (USAGE) on August 9th, 2022. USACE
responded with a PJD verification letter on August 18th, 2022. Kimley-Horn staff conducted a
delineation on an additional area of the subject property on April 19th, 2023. One (1) potentially
jurisdictional non -wetland WOTUS was identified within the additional area. The PJD Study area and
aquatic resources shown in Figure 4 correspond to the SAW-2022-01751 project and additional
delineation.
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-2022-01741
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Chris Tinklenberg, PWS
Agency/Consultant Company: Kimley-Horn and Associates
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
8/18/2022
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?

D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
0
Impact 1 — W2
2a1 Reason (?)
Grading/Fill
2b. Impact type* (?)
P
2c. Type of W.*
Ftt-mland Hardwood Forest
2d. W. name
Wetland 2
2e. Forested"
Yes
2f. Type of Jurisdicition*
?)
Both
2g. Impact
area
0.210
(acres)
Impact 2 — W2
Open Cut and Backfill
T
Bottomland Hardwood Forest
Wetland 2
f=foth
0.065
acres)
2g. Total Temporary Wetland Impact
0.065
2g. Total Wetland Impact
0.275
2i. Comments:
2g. Total Permanent Wetland Impact
0.210
The proposed development seeks authorization under NWP# 39 for wetland impacts associated with the
construction of the LTL freight facility space. The proposed project will result in 0.21-acre of permanent impacts and 0.065-acre of temporary impacts to
Wetland 2.
• Impact 1 — Wetland 2
o 0.21-acre of permanent wetland impacts associated with the grading activities necessary to construct the interstate motor freight facility.
• Impact 2 — Wetland 2
o 0.065-acres of temporary wetland impacts associated with the conversion from forested to herbaceous
wetlands in order to provide connection to the sanitary sewer main.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Avoidance and minimization efforts were implemented during development planning and design to the greatest extent practicable in order to reduce the
overall impacts on the aquatic environment while staying within nationwide permit thresholds. The final plan demonstrates maximum avoidance and
minimization efforts by reducing the proposed wetland impacts. The rationale to support avoidance and minimization efforts includes the following:
• A temporary timber crossing will be installed at Stream 2 to avoid any stream impacts associated with the temporary mounding of soil during
construction.
• Avoidance of the 1,722 LF of streams on -site.
Avoidance of the remaining 4.75-acres of wetlands on -site.
• Impacts 1 — Wetland 2
o Retaining walls have been strategically placed to reduce grading fill slopes and to avoid further impacts.
o A hammerhead turnaround is proposed at the terminus of the extension of New Town Way SW to prevent future indirect impacts to wetlands on -site. A
hammerhead turnaround is necessary for vehicle access, specifically for Emergency Vehicles (refer to detail).
• Impact 2 — Wetland 2
o Temporary wetland impacts will be restored to pre -construction grade contours and a permanent wetland seed mix will be applied after connection to
the sanitary sewer main is completed.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Stormwater facilities are sized and positioned to minimize impacts to the greatest extents practicable. Temporary erosion control measures, including but
not limited to skimmer basins and silt fences will be implemented to minimize sediment laden runoff from exiting the site.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes
No
2c. If yes, mitigation is required by (check all that apply):
DWR
Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No

4b. Stream mitigation requested:
(linear feet)
4c. If using stream mitigation, what is the stream temperature:
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4e. Riparian wetland mitigation requested:
(acres)
0.28
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
Compensatory mitigation will be met by the purchase of credits through the NC Division of Mitigation Services (NCDMS) in -lieu fee program. Based on
an NCWAM assessment of Medium for Wetland 2 mitigation is proposed at a 1.75:1 ratio for permanent impacts to this feature associated with the
grading necessary to construct the interstate motor freight facility, or 0.37 wetland mitigation credits. Mitigation is proposed at a 1:1 ratio for the
temporary impacts to this feature associated with the connection to the sanitary sewer main that will result in the conversion from forested to herbaceous
wetlands, or 0.065 wetland mitigation credits. In total, 0.44 wetland mitigation credits will be purchased to offset impacts associated with this project.
Quality assessment results and a Statement of Availability are included.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes
No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes
No
If no, explain why:
The proposed project will not impact protected riparian buffers within one of the NC Riparian Buffer Protection Rules.
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
N/A - project disturbs < 1 acre
3. Stormwater Requirements
No
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
A stormwater detention pond will be used in conjunction with a sand filter area to reduce the amount of discharge in order to
provide treatment to any runoff that is routed to the pond. An ouffall control structure in the sand filter area has been designed
so that the discharge from the pond will be equal or less than predevelopment runoff conditions from the site.
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
1b. 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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes
No
Comments: x
Public funding has been approved by the City of Concord for the proposed project.
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 26 .021
Yes No

3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The project is designed to construct one (1) LTL freight facility space totaling ±54,000 square -feet, on -site roadway, truck/trailer parking, employee
parking, and stormwater facilities. No additional or cumulative impacts are anticipated due to the construction of the proposed project.
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.
Sanitary sewer service is to be provided via connection to a sanitary sewer main extension.
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?
A review of the North Carolina Natural Heritage Program (NCNHP) database on October 26th, 2022, did not indicate known occurrences of threatened
or endangered species within the project boundary. Potentially suitable habitat for threatened and endangered species on -site was surveyed. A
concurrence request letter was submitted to the USFWS on October 27th, 2022. A concurrence response letter from USFWS was received on October
28th, 2022, indicating that the USFWS was in agreeance with the MANLAA biological conclusion. As of August 9th,2023, Northern Long-eared Bat is no
longer listed in Cabarrus County. A copy of the USFWS correspondence and an updated Official Species List are included.
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?
NCNHP element occurrence database did not indicate the presence of EFH within the project boundary.
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? *
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on December 9th, 2022. No historical,
archeological, or cultural resources were identified within the site boundary. A request letter was submitted to SHPO to determine the presence of
archeological, cultural, or historic resources on December 9th, 2022. SHPO responded on January 20th, 2023, with no comment on the proposed
project. A copy of SHPO's response is 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?
3710551900K
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 flies here to attach document
_20230809_H_B_PCN_FINAL_Draft.pdf 28.99MB
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:
Chris Tinklenberg
Signature
Date
8/12/2023
O