20240463 Ver 1_ePCN Application_20240321

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# *
20240463
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:
Industrial Pike Road
1a. Who is the Primary Contact?*
Chad Ponce
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
3/21/2024
Nearest Body of Water
Long Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.286813-81.235330
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Gaston
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:
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
fig. 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. Name(s) on recorded deed:
Industrial Pike LLC
2b. Deed book and page no.:
5392 2123
2c. Contact Person:
Wes Bumgardner
2d. Address
Street Address
1451 Delta Dr.
Address Line 2
City State / Province / Region
Gastonia NC
Postal/Zip Code Country
28052 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Anthony Parker
3b. Business Name:
Crescent Acquisitions, LLC
3c.Address
Street Address
601 S. Tryon St
Address Line 2
Suite 800
city
Charlotte
Postal / Zip Code
28202
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Chad Ponce
4b. Business Name:
Bolton & Menk
4c.Address
Street Address
116 N. Markley Street
Address Line 2
Suite 101
city
Greenville
Postal / Zip Code
29601
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Gastonia
2. Project Identification
2a. Property Identification Number:
309535 and135875
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
SC
Country
USA
4e. Fax Number:
2b. Property size:
18

2c. Project Address
Street Address
150 Reichel Dr
Address Line 2
City
Gastonia
Postal / Zip Code
28052
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Long Creek
3b. Water Resources Classification of nearest receiving water::
3c. What river basin(s) is your project located in?"
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501020603
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 project is in the Lower South Fork Catawba River Watershed (HUC 0305010206). Land use in the vicinity includes undeveloped and industrial properties. A portion of the site is in the
US Environmental Protection Agencies (EPAs) Brownfields Program under the site name Gastonia Investments. The project is also adjacent to another Brownfields site under the name
CRS Facility.
The approximately 18-acre study area is primarily forested with the exception of an approximately 2-acre portion at the northeast side of the property that is dominated by kudzu. Power
line rights -of -way along the southeast and west sides of the property are maintained and contain shrubs and herbaceous vegetation.
Soils at the site primarily consist of Udorthents, loamy and Cecil sandy clay loam. The soils are slightly acidic with pH ranging from 5.6 to 6.2 (1:1 water, NRCS 2023).
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:
0.54
4g. List the total estimated linear feet of all existing streams on the property:
306
4h. Explain the purpose of the proposed project:
The project purpose is for the construction of a single industrial warehouse building and associated truck court area, employee parking, stormwater treatment, and additional required
infrastructure. The project is located on a portion of a brownfields site. The project will develop an otherwise unusable contaminated site while preventing human exposure. The building is
approximately 180,000 square feet on roughly 18.41 acres within an existing Industrial Park. Main access to the property from Industrial Pike Road requires minor impacts for the
construction of a main access road and additional impacts to construct a retaining wall due to engineering constraints. The size and positioning of the building, parking, access road, and
retaining wall has allowed for the avoidance of wetland features to the greatest extent possible.
The Gaston County submarket has seen several industrial buildings under construction or completed within the past 3 years ranging from 450-thousand to 1.25-million square feet. This
project fills a need for high demand smaller bulk space within one of the fastest growing industrial submarkets in the Charlotte region. The client has been contacted by interested parties
for space ranging from single tenant build to suite projects and inquires from small manufactures or distributors with plans to relocate and upsize their operations locally. The project site is
also one of the last remaining buildable areas within an existing industrial park with close access to Highway 85.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: x
Impacts are proposed for two wetlands at the site, Wetland 1 and Wetland 2. Wetland 1 is a 0.23-acre non -tidal freshwater marsh and Wetland 2 is a 0.31-acre headwater forest. Wetland
2 is downgradient of Wetland 1 and they are connected by a small intermittent tributary (non -wetland waters 1) which is on site near Wetland 1 before flowing off site.
Permanent impacts to Wetland 1 are primarily due to the grading (fill) required for the truck apron space. An 18-inch diameter corrugated metal pipe culvert is being installed in Wetland 1
to allow flow from the upgradient to the downgradient portions of the wetland being affected by fill. There are also some temporary impacts at Wetland 1 due to the installation of jersey
barriers for the protection of Duke Energy power poles. These jersey barriers will be in place for approximately 180 days.
Permanent impacts to Wetland 2 are due to grading for the truck access road as well as the installation of a headwall and a stormwater culvert. A 24-inch reinforced concrete metal pipe is
proposed to be installed below the truck access road with a rip rap apron outfall to Wetland 2. Temporary impacts within Wetland 2 will result in the conversion of hardwood to emergent
vegetation.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No O Unknown
Comments:
PJD request submitted on 12/11/23
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-2023-02421
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?
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
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
2g• Impact
?)
area
fill
P
Non -Tidal Freshwater Marsh
Wetland 1
No
Both
0.120
(acres)
ersey barriers
T
Non -Tidal Freshwater Marsh
Wetland 1
No
Both
0.005
(acres)
fill (grading and culvert)
P
Headwater Forest
Wetland 2
Yes
Both
0.050
(acres)
=
sewer line and access
T
Headwater Forest
Wetland 2
Yes
Both
0.060
(acres)
2g. Total Temporary Wetland Impact
0.065
2g. Total Wetland Impact
0.235
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.170
❑
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
fl
fill
Permanent
Culvert
Non -wetland Waters 1
Intermittent
Both
Averege (feet)
�
73
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
73
31. Total stream and ditch impacts:
73
3j. Comments
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
0
a

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
1. No Build Alternative: The no build alternative was considered for this project. If this project was not completed, wetland impacts would not occur
related to this project. The purpose and need of the project would not be obtained and therefore, this alternative is not considered feasible.
2. Alternate Design: It was considered to modify the design to avoid all impacts at the site. The modifications required include a smaller building,
reducing the 31-foot-wide road to be a one -lane road instead of two, and lowering the road to avoid grading out into the wetland. The building would
need to be approximately 110,000 square feet (40-percent reduction) to avoid impacts to Wetland 1. A more narrow road would only accommodate 1
lane of traffic which would be a safety concern in an emergency situation. Lowering the road bed would pull back the grading that is impacting Wetland
2, however, the road is being kept at a higher grade to avoid sediment disturbance in this area. This area is part of a Brownfields Site and is known to
have contaminated soil.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Wetland impacts were minimized throughout the design process. Minimization techniques included:
• The use of 4-foot high (minimum) retaining walls to limit the amount of grading in wetlands.
Maximum allowable grading is proposed for areas near wetlands.
• The truck apron space is champered down on the far west side to minimize the grading in wetlands.
The walking path from Industrial Pike Road to the warehouse was moved from the west to the east side of the road.
• Sediment and erosion control practices will be in place to prevent downgradient water quality loss.
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)
146
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested
(acres)
0.46
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
Mitigation for permanent wetland and tributary impacts at the site will be met by using NC DEQ DIMS mitigation credits at the required 2:1 ratio.
Temporary impacts resulting in hardwood conversion of forested to emergent vegetation are proposed to be mitigated at a 1:1 ratio. The total required
mitigation credits to be purchased include 0.40 wetland credits and 146 stream credits. See the attached letter from NCDEQ DIMS for the credit
acceptance letter.
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
la. 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:
In Catawba River basin in area not near the 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

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.
Gaston County
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.
The site is being fully developed at this time.
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.
Sewage is being carried off -site for disposal at the Two Rivers Utilities waste treatment plant which has available capacity.
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 NC Natural Heritage
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 map
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?
NC HPO Web 2.0
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 National Flood Hazard Layer Viewer
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
4962.01 Permit Cover Letter and Attachments.pdf 7.27MB
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
06WIrd 641aeee cWlr
Date
3/21 /2024