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HomeMy WebLinkAbout20231594 Ver 1_ePCN Application_20231121i 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: 5/31 /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# * 20231594 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 - (704) 663-1699 Andrew Pitner:andrew.pitner Information for Initial Review 1a. Name of project: Mt. Holly - Huntersville Road Warehouse (Strickland) 1a. Who is the Primary Contact?* Kevin Dagenhart 1b. Primary Contact Email: * jrobertson@atlasenvi.com Date Submitted 11/21/2023 Nearest Body of Water Dixon Branch Basin Catawba Water Classification C; Stream Index 11-120-1 Site Coordinates Latitude: Longitude: 35.3727970 -80.8544230 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 1c. Primary Contact Phone: * (828)712-9205 8 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: 18 - Minor Discharges 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: Randy Strickland and Ann Greene 2b. Deed book and page no.: 28193 and 74; unknown 2c. Contact Person: Randy Strickland and Ann Greene 2d. Address Street Address 500 N Hoskins Road and 10900 Mt Holly Huntersville Road Address Line 2 City Charlotte and Huntersville Postal / Zip Code 28216 and 28078 2e. Telephone Number: (704)502-0002 2g. Email Address:* kdagenhart@suncappg.com 3. Applicant Information (if different from owner) 3a. Name: Kevin Dagenhart 3b. Business Name: SunCap Properties 3c.Address Street Address 6101 Carnegie Boulevard Address Line 2 Suite 180 city Charlotte Postal / Zip Code 28209 3d. Telephone Number: (704)502-0002 3f. Email Address:* kdagenhart@suncappg.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Robertson 4b. Business Name: Atlas Environmental, Inc. 4c.Address Street Address 338 S. Sharon Amity Road Address Line 2 #411 city Charlotte Postal / Zip Code 28211 4d. Telephone Number: (828)712-9205 4f. Email Address:* jrobertson@atiasenvi.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Huntersville State / Province / Region North Carolina Country United States 2f. Fax Number: (000)000-0000 State / Province / Region North Carolina Country United States 3e. Fax Number: (000)000-0000 State / Province / Region North Carolina Country United States 4e. Fax Number: (000)000-0000 O 2. Project Identification 2a. Property Identification Number: 01704221 and 01704217 2b. Property size: 26.72 2c. Project Address Street Address 11006 Mt Holly-Huntersville Road Address Line 2 city Huntersville Postal / Zip Code 28078 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Dixon Branch 3b. Water Resources Classification of nearest receiving water:' C; Stream Index 11-120-1 3c. What river basin(s) is your project located in? Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011403 4. Project Description and History 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 current land use of the review area is mostly agriculture fields, some wooded areas, and one single family residence. Mt Holly-Huntersville Road abuts the west side of the project area. An industrial development is being constructed east of the project area. A church and cemetery is located adjacent to the project area to the North. Forested land is present South of the project. 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: 0.213 4g. List the total estimated linear feet of all existing streams on the property: 612 4h. Explain the purpose of the proposed project: The project's purpose is for the construction of an industrial building with 299,700 square feet under roof with associated driveways, employee/vendor parking areas, trailer parking areas, truck court, utilities, and additional infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * One unavoidable wetland impact is proposed as Impact W1 to wetland WL 2000 as 0.084 acre of permanent fill. This wetland impact is necessary for grading of the employee/vendor parking lot and circumference road around the building. The total area of wetland impact under the requested Nationwide Permit 18 is 0.084 acre. Heavy machinery such as track hoes, bulldozers, skid steers, dump trucks, motor graders, rollers, etc will be used to grade the site. Cranes will be used to construct the building. 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: SAW-2023-01217 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Atlas staff Agency/Consultant Company: Atlas Environmental, Inc. Other: G Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR August 28, 2023 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 other Waters of the United States impacts are expected or planned. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts Buffers L 2a1 Reason (?) 2b. Impact type" (?) 2c. Type of W." 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * (?) 2g• Impact area W1 Road and Parking Lot P Bottomland Hardwood Forest WL 2000 Yes Both 0.084 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.084 2i. Comments: WL 1000 will not be disturbed. This wetland abuts CH 100. E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.084 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project has been designed and engineered to avoid and minimize impacts to the greatest extent possible. Additional property was purchased to accommodate the circumference road around the building to provide two access points to the back of the building and to both ends of the employee parking lot— an access road at the North end of the building and an access road at the South end of the building. Over 60 % of wetlands and 100 % of stream have been avoided and remain undisturbed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Retaining walls will be constructed at the back of the building to avoid impacts to CH 100, the post construction buffer of CH 100, and WL 1000. 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: Wetland impacts do not exceed 0.099 acre. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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 No If no, explain why: This project is located within the Catawba River Basin. There are buffers along the Catawba River and lakes along the Catawba River within this River Basin. However, Mecklenburg County does have 30' post construction stream buffers which will not be impacted by this project. 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 r'O 0 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. The Town of Huntersville will be reviewing the stormwater management plan. Comments: G. Supplementary Information 1. Environmental Documentation la. 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. This project requires minimal wetland fill. This project is not a phased project and the required stormwater treatment requires that there are no changes from preconstruction to post construction stormwater runoff from the site. 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 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? Fieldwork, IPaC database, and NHP database. 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? 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?" Fieldwork and SHPO database; the adjacent cemetery was surveyed and the required 25' buffer is provided from the cemetery. 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?" National Flood Hazard Layer 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 NWP 18 Attachments.pdf 31.54MB 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: Jennifer Robertson Signature Date 11/21/2023 L