HomeMy WebLinkAbout20231229 Ver 1_ePCN Application_20230906DWR
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:
7/26/2023
BIMS # Assigned
20231229
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:
Arrowridge Industrial Site
1a. Who is the Primary Contact?*
Chad Ponce
1b. Primary Contact Email: *
chad.ponce@bolton-menk.com
Date Submitted
9/6/2023
Nearest Body of Water
Sugar Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.128299
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:
-80.912444
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:andrew.pitner@ncdenr.gov
1c. Primary Contact Phone: *
(813)833-2592
O
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:
8362 Arrowridge, LLC
2b. Deed book and page no.:
book 37389 page 387
2c. Contact Person:
Carlos Edde
2d.Address
Street Address
2645 NE 207 Street
Address Line 2
City
State / Province / Region
Aventura
Florida
Postal / Zip Code
Country
33180
USA
Yes No
Yes No
2e. Telephone Number:
(305)454-9947
2g. Email Address:*
carlos@norteamrealestate.com
4. Agent/Consultant (if applicable)
4a. Name:
Chad Ponce
4b. Business Name:
Bolton & Mark:
4c.Address
Street Address
116 North Markley Street, Suite 101
Address Line 2
City
Greenville
Postal / Zip Code
29601
4d. Telephone Number:
(813)833-2592
4f. Email Address:
chad.ponce@bolton-menk.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Charlotte
2. Project Identification
2a. Property Identification Number:
20303151
2c. Project Address
Street Address
8362 Arrowridge Blvd.
Address Line 2
city
Charlotte
Postal / Zip Code
28273
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Sugar Creek
3b. Water Resources Classification of nearest receiving water:
C
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
2f. Fax Number:
State / Province / Region
South Carolina
Country
USA
4e. Fax Number:
2b. Property size:
9.953
State / Province / Region
NC
Country
USA
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 project is in the Sugar Creek Watershed (HUC 0305010301). Sugar Creek is located near the site to the south. Land use in the vicinity includes undeveloped and industrial properties.
The 9.953-acre study area is comprised primarily of successional hardwood forested uplands. The southern edge of the site includes emergent wetlands in the floodplain of Sugar Creek.
Based on a review of historical aerial photographs, a portion of the site was cleared in early 2006, presumably for site development that was not completed. A sediment basin (Non -
jurisdictional Wetland 2) was built as part of the construction activities and has since been abandoned.
a
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:
0.33
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The purpose of the project is to build warehouse space divided into three sections for lease.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The site will be developed per the attached plan set. Exhibit I shows the plans in relationship with wetlands at the site. Construction activities with permanent impacts include grading in
uplands and non -jurisdictional Wetland 2 (former sediment basin) only. Jurisdictional Wetland 1 will have only temporary impacts due to the need for connection of sanitary sewer. The
existing sanitary sewer main is located in wetlands off site.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Chad Ponce, PWS
Agency/Consultant Company: Bolton & Menk
Other:
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?
NA
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
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
?)
�2g. Impact
area *
F_
_]
sewer connection
T
Tidal Freshwater Marsh
Fn-
Jurisdictional Wetland 1
No
Both
0.020
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.020 0.000
2g. Total Wetland Impact
0.020
2i. Comments:
Non -jurisdictional Wetland 2 will also be impacted, however, since this is not a jurisdictional wetland under the DWR or Corps, the impacts are not shown
on the table.
E. Impact Justification and Mitigation
O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
1. No build Alternative: The no build alternative avoids wetland impacts, however, is not considered feasible because it does not meet the needs of the
client to develop the property with a warehouse for lease.
2. Smaller Building Size: A smaller building and routing the sewer around the site was considered in order to avoid wetland impacts. The current building
size is 78,800 square feet. To avoid impacts, the building size would be reduced by approximately 20,000 square feet, reducing the feasibility of the
project. The sewer is planned to be connected to an existing sanitary sewer line to the southeast of the site. The current path of the planned line cuts
into the wetlands at a 90 degree angle straight to the sewer connection. Routing the sewer line in any other direction would cause more impacts than the
current proposed configuration.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
• Impacts were constrained to Wetland 2 only, which is a constructed sediment basin
Slopes near wetlands are 2:1 and 3:1 to avoid impacts
• Erosion and sediment control measures will be used to prevent impacts to aquatic resources
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
This project will have no impact on streams, 0.02 acres of temporary impacts to Wetland 1, and 0.10 acres of permanent impacts to Non -jurisdictional Wetland 2. Impacts are minimal,
below mitigation thresholds and therefore mitigation is not proposed.
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 INC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The site is in the Catawba River basin, however, is not located on the main stem of the Catawba. State riparian buffers are absent however local buffer rules are still applicable. There is
currently a 30 foot post construction buffer on the SE side of the property shown on Polaris. We have submitted an Application for Exemption to CMSWS to remove the buffer since there is
no stream located there.
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 LISMP Water Supply
Please identify which local government stormwater program you are using.
Charlotte -Mecklenburg Storm Water Services
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)
L
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 current plans are intended to develop the developable areas of the site. Expansion of the site is not expected.
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 be removed via a sanitary sewer line as shown on the plans. The sanitary sewer will tie to the sewer main south of the site.
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
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?
USFWS IPaC and NCNHR A threatened and endangered species habitat evaluation was completed to determine the potential for occurrence of
federally listed threatened and endangered species at the Site and immediate vicinity in preparation for site development. The Carolina Heelsplitter
(Lasmigona decorata), a federal and state listed mussel species, is listed by NCNHP as occurring on site, however, this species was not listed by the
USFWS IPaC search. There are no streams occurring on site therefore the heelsplitter does not occur at the site. Potential habitat for three federally
listed vascular plant species (smooth coneflower, Schweinitz's sunflower, and Michaux's sumac) may be present at the site. A field survey for these
species was conducted by a field biologist on September 6th. The listed species were not observed at the site during the field survey.
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?
NOAA Essential Fish Habitat Mapper
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? *
To comply with NWP General Condition #20, we reviewed the North Carolina Department of Natural and Cultural Resources (NCDNCR) — Historic
Preservation Office (HPO) HPOWEB 2.0 GIS tool to search for nearby listings on the National Register (NR) or Study List (SL). No NR or SL listings
were found within a 1-mile radius of the site.
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?
FEMA Flood Map Service Center
Miscellaneous O
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
Arrowridge PCN Submittal 9.6.23.pdf 7.16MB
2023-07-20 _4802_Arrowridge Construction Drawings .pdf 23.99MB
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:
Thomas Chad Ponce
Signature
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Date
9/6/2023