20231388 Ver 1_ePCN Application_20231010

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
2/28/2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20231388
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Mooresville Regional Office - [phone]
Andrew Pitner:andrew.pitner
Information for Initial Review
1a. Name of project:
Shopton Road Properties
1a. Who is the Primary Contact?*
Mr. Frank Fallon
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
10/10/2023
Nearest Body of Water
Eagle Lake
Basin
Catawba
Water Classification
B
Site Coordinates
Latitude: Longitude:
35.172015-80.948178
A. Processing Information O
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

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: 39 - Commercial/Institutional Developments
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
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 DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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 for the 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:
Mark S Combs, Sara Melott
2b. Deed book and page no.:
34778, page 419
2c. Contact Person:

2d. Address
Street Address
3836 Shopton Road
Address Line 2
City
Charlotte
Postal / Zip Code
28217
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Michael S Carpenter, Gloria P Carpenter
2b. Deed book and page no.:
252701, page 357
2c. Contact Person:
2d.Address
Street Address
4000 Shopton Road
Address Line 2
City
Charlotte
Postal / Zip Code
28217
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Frank Fallon
3b. Business Name:
Alliance Industrial Company
3c.Address
Street Address
1720 Peachtree Road NW, Suite 150
Address Line 2
city
Atlanta
Postal / Zip Code
30309
3d. Telephone Number:
[phone]
3f. Email Address:*
Frank. [e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Andrew Hook
4b. Business Name:
S&ME
State / Province / Region
North Carolina
Country
United States
2f. Fax Number:
State / Province / Region
North Carolina
Country
United States
2f. Fax Number:
State / Province / Region
Georgia
Country
United States
3e. Fax Number:

4c. Address
Street Address
48 Brookfield Oaks Drive, Suite F
Address Line 2
City
Greenville
Postal / Zip Code
29607
4d. Telephone Number:
[phone]
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
1. Proiect Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
Charlotte
2. Project Identification
2a. Property Identification Number:
14125112 / 14125111
2c. Project Address
Street Address
3836 Shopton Road/ 4000 Shopton Road
Address Line 2
City
Charlotte
Postal / Zip Code
28217
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Eagle Lake
3b. Water Resources Classification of nearest receiving water:"
B
3c. What river basins) 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
State / Province / Region
South Carolina
Country
United States
4e. Fax Number:
2b. Property size:
5.20 / 5.14 (10.34 total)
State / Province / Region
North Carolina
Country
United States
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 includes two residential homes along with a gravel area used a log yard for a tree care company. The primary cover of the site is currently closed canopy mixed pine -hardwood
forest. The surrounding area and Shopton Road is heavily commercial with several large commercial buildings and associated parking areas directly across the street.
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
4g. List the total estimated linear feet of all existing streams on the property:
495
4h. Explain the purpose of the proposed project:
A 111,375 SF commercial building will be built to service the growing commercial and industrial needs of Mecklenburg County and the City of Charlotte. The surrounding area is heavily
commercial and includes a large volume of semi -truck traffic on Shopton Road.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
A 111,375 SF commercial building will be built to service the growing commercial and industrial needs of Mecklenburg County and the City of Charlotte. The project area will be cleared of
trees, existing homes (2) and associated outbuildings. Trees will be cleared used a feller-buncher, site clearing and grading will be done using bulldozer, excavator, wheel loader and dump
truck. Approximately 425 linear feet of streams will have a french drain installed and will be filled over. No indirect impacts are expected as surrounding area is largely commercial.

5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No
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):
Agency/Consultant Company:
Other:
6. Future Project Plans
Andrew Hook, Andrew Shumpert
S&ME
Unknown
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
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
S1
3a. Reason for impact (?)
Construction
3b.lmpact type "
Permanent
3c. Type of impact*
Fill
3d. S. name*
S 1
3e. Stream Type*
M
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
Aveage (feet)
3h. Impact
length*
405
(linear feet)
Sy
Construction
Permanent
Fill
S 2
Intermittent
Both
Average (feet)
20
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
425
3i. Total stream and ditch impacts:
425
3j. Comments
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The subject site is narrow and does not allow for a typical building depth in accordance with the surrounding market. To make the site work, the building
depth was reduced, a single loaded truck court was employed (with NO trailer storage), and all automobile parking was placed at the ends of the building
instead of being evenly distributed along the length of the building. The buffers are based on zoning requirements due to different uses and zoning
classifications.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
During construction City of Charlotte Erosion Control practices will be use. Post construction, water quality and water quantity measures will be
incorporated into the final stormwater management design. We will utilize a combination of subsurface and surface measure to accomplish the
stormwater goals/requirements.
O

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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site and Double Rock
Mitigation Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 425
3c. Comments
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:
This project is located within the Catawba River Basin, buffer rules under the NC Riparian Buffer Protection Program only apply to the mainstem lake and Catawba River.
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
3. Stormwater Requirements
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:
Stormwater Management Plan will be submitted to the City of Charlotte and Mecklenburg County.
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.
No, surface water BMPs will be utilized along with stormwater detention, surface and underground storage. This will all be done during the single
construction phase and additional development will not occur.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
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 Report, NCNHP Consultation
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?
NC DEQ Online Surface water classifications, NCNHP Consultation, USFWS IPAC Report, NCDWR Water Supply Watersheds online tool
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?
Arcgis HPOWEB online layer
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 FIRMette
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
Shopton Road Properties PCN (RW MKA).pdf 9.49MB
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:
Andrew F. Hook
Signature
Date
10/10/2023
0