20240045 Ver 1_ePCN Application_20231227

DW R
DHlsloo 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.
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# *
20240045 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:
1-77 Commerce Center
1a. Who is the Primary Contact?*
Drew Thigpen
1b. Primary Contact Email:*
[e-mail]
Date Submitted
12/27/2023
Nearest Body of Water
Vances Twin Lakes (Stream Index No. 11-120-1.1) / Dixon Branch (Stream Index No. 11-120-1)
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.35778-80.84069
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:*
[phone]
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
14 - Linear transportation
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 for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Nani on recorded deed:
TRIPLE T DEVELOPERS
2b. Deed book and page no.:
09478-874
2c. Contact Person:
Timothy L Fridley
2d.Address
Street Address
245 W. Garrison Boulevard
Address Line 2
Unit G
city
State / Province / Region
Gastonia
NC
Postal / Zip Code
Country
28052
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone] [phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Drew Thigpen
3b. Business Name:
GGW Flex Holdings LLC
3c.Address
Street Address
2077 Somerville Road
Address Line 2
Suite 310
City
State / Province / Region
Annapolis
MD
Postal / Zip Code
Country
21404
USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Bob Zarzecki
4b. Business Name:
Soil & Environmental Consultants, Inc.
4c.Address
Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 104
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27615
USA
4d. Telephone Number: 4e. Fax Number:
[phone] [phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
n/a
1c. Nearest municipality / town:
Charlotte, NC
2. Project Identification
2a. Property Identification Number: 2b. Property size:
02509209 21.44
O

2c. Project Address
Street Address
9905 Statesville Road
Address Line 2
City
Charlotte
Postal / Zip Code
28269
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Vances Twin Lakes (Stream Index No. 11-120-1.1) / Dixon Branch (Stream Index No. 11-120-1)
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.
030501011403
4. Project Description and History
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 site is bounded by Interstate Highway 77 to the west. Vacant land abuts the site to the north with the same zoning as the project site being ML-1 (Manufacturing and Logistics). Twin
Lakes Business Park exists east of the site across Statesville Road. Other commercial and industrial uses exist along Metromont Industrial Blvd. and Metromont Parkway to the east. The
site is bordered by Dixon Branch to the southeast. Retail, hotel and commercial development exist south of Dixon Branch along Statesville Road (NC21) and W.T. Harris Blvd (NC24).
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:
0.15
4g. List the total estimated linear feet of all existing streams on the property:
2376
4h. Explain the purpose of the proposed project:*
The purpose of the project is to provide vehicular access to develop a Class A Flex Industrial center.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project will include the construction of three Class A flex industrial buildings totaling approximately 149,700 sf and associated infrastructure including parking spaces for personal
vehicles and commercial truck loading and unloading areas, access drives into and throughout the development, sanitary sewer and stormwater management facilities.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
S&EC delineated all potentially jurisdictional wetlands, streams and other waters on the project site.
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): Bob Zarzecki
Agency/Consultant Company: S&EC
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A field verification site visit was made by Doug Perez of the USACE Charlotte Regulatory Field Office with S&EC staff on May 11, 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.

D. Proposed Impacts Inventory O
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
3. Stream Impacts
F I
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
length*
S1
Access Drive
Permanent
Culvert
Stream B (aka Vances Twin
Perennial
Both
59
Lakes tributary)
Averege (feet)
(linear feet)
gy
Access Drive
Permanent
Culvert
am B (aka Vances Twin
Fes
Perennial
Both
23
tributary)
Average (feet)
(linear feet)
S3
Riprap Dissipater
Permanent
Rip Rap Fill
Stream B (aka Vances Twin
Perennial
Both
40
Lakes tribtuary)
Average (feet)
(linear feet)
S4
Construction Access
Temporary
Workpad/Causeway
Stream (aka Vances Twin
Perennial
Both
Lakes tributary)
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
122
3i. Total stream and ditch impacts:
128
3j. Comments:
3i. Total temporary stream impacts:
S1 (orange highlighted) = 59.4 If of permanent impact / permanent loss within and to be removed from the DOT mitigation encroachment area
S2 (yellow highlighted) = 23.25 If of permanent impact / permanent loss outside of the DOT mitigation encroachment area
S3 (green highlighted) = 40.68 If of permanent impact / No permanent loss outside of the DOT mitigation encroachment area
S4 (red highlighted) = 6.7 If of temporary impact within and to be removed from the DOT mitigation encroachment area
S5 (blue highlighted) = 62.04 If of NO IMPACT within and to be removed from the DOT mitigation encroachment area
Total stream loss (yellow & orange highlighted) = 82.65 If / 0.0142 acres (<0.02 acres)
Total stream length to be removed from mitigation area (orange, red & blue highlighted) = 128.14 If.
Note the sanitary sewer crossing of Dixon Branch shown on the attached site plans will be an aerial crossing using an 8-inch ductile iron pipe with no
intermediate supports within the stream and as such will avoid impacts to Dixon Branch, and therefore no permit verifications are needed from the
USACE or NCDWR for this crossing.
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:
The applicant worked with NCDOT and the USACE to minimize impacts to the stream and existing mitigation area. Headwalls & retaining walls are
proposed to reduce the slopes needed for the road/access drive at the stream crossing. At the request of NCDOT, the new culvert and riprap dissipater
were aligned to move the stream outlet further from and outside of the right of way of the public roadway, which in turn increased the riparian area
between the road and the stream.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The project will obtain an erosion and sediment control permit from the City of Charlotte which will include E&SC measures such as silt fencing, etc. to
minimize the potential for impacts to downstream waters during construction. Construction will occur in the dry by means of a temporary check dam and
pump around. The temporary stream impact area needed for these measures will be returned restored and returned to original contours and banks
stabilized with coir fiber matting and vegetation.
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
O

3a. Name of Mitigation Bank:
EBX sponsored RES Catawba Umbrella Mitigation Bank, Dogtown Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 384.42
3c. Comments
A portion of the proposed impact area exists within the existing USACE Action ID No. 2001-31321, NCDOT/R-2248D, 1-485 Charlotte Outer Loop,
Compensatory Mitigation Site #19. The applicant has held pre -application meetings with the NCDOT, USACE and NCDWR resulting in a mitigation area
encroachment agreement which will be finalized pending the decision for the impacts requested herein. As conditions of the mitigation area
encroachment agreement, NCDOT is requiring that the existing crossing located upstream of the proposed crossing remain in place prevent any
potential for destabilization (e.g., headcutting, etc.) of the retained mitigation area upstream. NCDOT is also requiring that all stream sections
downstream of the existing crossing to be officially removed from the mitigation area given the short section to remain and to be better able to manage
and protect the retained mitigation area above the existing crossing. The USACE is requiring 3:1 mitigation for all sections of stream that will be officially
removed from the mitigation area (regardless whether those stream sections are impacted or not). The total linear feet of stream to be removed from the
mitigation area is 128.14 If. It shoudl be noted that no mitigation would otherwise be required for this proposed crossing as the total stream loss is only
82.65 If / 0.0142 acres (<0.02 acres).
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 project is located outside of NC Riparian Buffer Protection Rules watersheds. However, the City of Charlotte does require their S.W.I.M. stream buffers as depicted on the attached
plans.
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.
Charlotte, NC
Comments:
The project will include obtain a stormwater management plan from the City of Charlotte and has proposed SCM (wet detention pond) as depicted on the attached plans.
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
O
a
3b. If you answered "no," provide a short narrative description.
The project involves the development of vacant land mostly surrounded by other existing development of similar uses and therefore is not anticipated to
result in additional development which could impact nearby downstream water quality.

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 from the site will be sent to and treated by the City of Charlotte sanitary sewer system by means of a new sanitary sewer crossing (aerial
sewer crossing with ductile iron pipe) above Dixon Branch to the existing sewer line that runs along the southeast side of Dixon Branch. The City will
work with NCDEQ to ensure that adequate capacity exists for the treatment of this additional wastewater.
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
What Federal Agency is involved?
The proposed road crossing will cross the FEMA regulated floodplain administered by the City of
Charlotte.
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
Unknown
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 & website / NC NHP database & website
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?
The project is located in the piedmont of NC far from any EFH areas.
NOAA EFH Mapper website.
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?
NCSHPO HPOWEB website.
8. Flood Zone Designation (Corps Requirement)
Be. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
The project will result in fills within the 100-yr FEMA regulated floodplain, but not the floodway. The applicant will obtain all necessary floodplain
approvals administered by the City of Charlotte.
8c. What source(s) did you use to make the floodplain determination?*
NCDFIRM, NC Flood website, & POLARIS GIS and other available sources.
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
1-77 Commerce Center_PCN Attachments (December 2023).pdf 30.49MB
File must be PDF or KMZ
Comments
Attachments include: prefiling meeting request, agent authorization (both applicant & owner), USGS & Soil Survey maps, NCDOT letter authorizing 404/401 application request, CDOT
Hucks Road Ext Technical Memo, NCDOT approval of abandonment of surplus ROW, AJD Request package, impact maps, sanitary sewer crossing plan and profile sheet, mitigation SOA,
T&E Report & USFWS concurrence email.
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:
S&EC, Inc. - Bob Zarzecki
Signature
Date
12/27/2023
O