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HomeMy WebLinkAbout20240600 Ver 1_ePCN Application_20240422DW 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# * 20240600 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: Grace Church Road 1a. Who is the Primary Contact?* Jennifer Robertson 1b. Primary Contact Email:* 1c. Primary Contact Phone:* jobertson@atlasenvi.com (828)712-9205 Date Submitted 4/22/2024 Nearest Body of Water Grants Creek Basin Yadkin-PeeDee Water Classification Class: C Site Coordinates Latitude: Longitude: 35.616934-80.541623 A. Processing Information - Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Rowan 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 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: Edgar Martinez 2b. Deed book and page no.: 1373, 608 2c. Contact Person: 2d. Address Street Address 8350 SW 37th Street Address Line 2 City Miami Postal / Zip Code 33155 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region Flordia Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (000)000-0000 2g. Email Address:' mgorman@sjpproperties.com 3. Applicant Information (if different from owner) 3a. Name: Michael Gorman & Vic Cividini 3b. Business Name: SJP Properties 3c.Address Street Address 3891nterpace Parkway Address Line 2 City State / Province / Region Parsippany New Jersey Postal / Zip Code Country 07054 USA 3d. Telephone Number: 3e. Fax Number: (973)299-9117 3f. Email Address: mgorman@sjpproperties.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 State / Province / Region Charlotte North Carolina Postal / Zip Code Country 28211 USA 4d. Telephone Number: 4e. Fax Number: (828)712-9205 4f. Email Address: jrobertson@atlasenvi.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Salisbury 2. Project Identification 2a. Property Identification Number: 2b. Property size: 477 079 35 acres Q 2c. Project Address Street Address 555 Grace Church Road Address Line 2 City Salisbury Postal / Zip Code 28147 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Grants Creek 3b. Water Resources Classification of nearest receiving water: Class: C 3c. What river basin(s) is your project located in?" Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401030101 4. Project Description and History State / Province / Region North Carolina 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 consists of wooded land throughout the site with access road traversing the property. The ground surface is generally sloping to the middle/Southeast of the review area towards drainage features. At the time of the site visit, no structures and no evidence of previously existing structures were observed within the review area. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2024-00510 4f. List the total estimated acreage of all existing wetlands on the property: 0.018 4g. List the total estimated linear feet of all existing streams on the property: 1,799 LF 4h. Explain the purpose of the proposed project: The purpose of this project is for the construction of an industrial development. The general scope of the project will include one industrial building, one SCM, and associated paved roadways/parking. Entry to a paved parking area will be possible via a road running through the Northern portion of the property which connects to Grace Church Road. Municipal water is available along Grace Church Road. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The development will require one proposed permanent unavoidable impact to Waters of the United States. Impact S1 will consist of 143.7 linear feet (-0.008 acre) of total intermittent stream impact on CH 100 for a road crossing. The installation of a 114 linear feet culvert is proposed at the crossing. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No Unknown Comments: delineation concurrence 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-2024-00510 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Atlas Staff Agency/Consultant Company: Atlas Environmental Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A delineation concurrence was made on April 8, 2024 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 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3e. Stream Type* (?) 3f. Type of Jurisdiction 3g. S. width r3h.mpact * h g1 access road ::Iff:] Culvert :T�100 Intermittent Both Average (feet) � 144 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 144 3i. Total stream and ditch impacts: 144 3j. Comments: Permanent stream impacts: 0.008 acres E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts are limited to one intermittent stream unavoidable due to gaining access to the site. No impacts are proposed to wetlands. Over 80 % of the stream on -site will be avoided and preserved. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The civil engineers have designed the road crossing to include headwalls at both the upstream and downstream ends of the culver. The culvert will be buried 1 ft. below the existing grade. 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: Surface water impacts are limited to one intermittent stream of less than 0.02 acres. Therefore, USACE mitigation will not be required. DWR does not require mitigation for intermittent stream impacts. 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 receiving water is a Class C water and does not require buffers. 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 0 8 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. Rowan County Comments: One SCM is planned to treat all the stormwater within the project area. 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 is a single and complete project. Existing water and septic is accessible along Grace Church Road. 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. Existing water and septic is accessible along Grace Church Road. 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? IPAC and NC NHP databases; field surveys and report; FWS coordination; self -certification forms are attached 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? NC HPO database search, field surveys, report of findings, SHPO coordination, see enclosed comment letter from SHPO 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 NFHL data layer 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 EPCN documents compressed.pdf 48.44MB 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: Allyson Sinclair Signature Date 4/22/2024 L