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HomeMy WebLinkAbout20240630 Ver 1_ePCN Application_20240426DWR 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. 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# * 20240630 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review la. Name of project: Cambro Building 2 la. Who is the Primary Contact?* Britton Settle 1b. Primary Contact Email: * bsettle@sametcorp.com Date Submitted 4/26/2024 Nearest Body of Water Moadams Creek Basin Cape Fear Water Classification WS-V;NSW Site Coordinates Latitude: 36.095767 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Alamance Is this a NCDMS Project Yes No Longitude: -79.29287 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Rebecca Chandler:rebecca.chandler 1c. Primary Contact Phone:* (336)565-1804 $570.00 $767.00 a 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: A Cambell Holdings, LLC 2b. Deed book and page no.: 2c. Contact Person: Michael Ortiz 2d. Address Street Address 14851 Delta Lane Address Line 2 City Huntington Beach Postal / Zip Code 92647 2e. Telephone Number: (909)354-8303 2g. Email Address:* miortiz@cambro.com 3. Applicant Information (if different from owner) 3a. Name: Britton Settle 3b. Business Name: Samet Corporation 3c.Address Street Address 309 Gallimore Dairy Road Address Line 2 city Greensboro Postal / Zip Code 27409 3d. Telephone Number: (336)565-1804 3f. Email Address:* bsettle@sametcorp.com 4. Agent/Consultant (if applicable) 4a. Name: Timothy O'Halloran, PWS 4b. Business Name: ECS Southeast, LLC 4c.Address Street Address 1812 Center Park Drive, Suite D Address Line 2 City Charlotte Postal / Zip Code 28217 4d. Telephone Number: (980)920-9615 0. Email Address:* tohalloran@erslimited.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Mebane 2. Project Identification State / Province / Region CA Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: O 2a. Property Identification Number: 176238 2b. Property size: 25.08 2c. Project Address Street Address West Holt Street Address Line 2 city Mebane Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Moadams Creek 3b. Water Resources Classification of nearest receiving water:" WS-V;NSW 3c. What river basin(s) is your project located in? * Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020407 4. Project Description and History State / Province / Region North Carolina Country 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 study area consists of approximately 25.08 acres of undeveloped forested land. North of the project boundary is West Holt Street, followed by commercial development and West Center Street; east of the project boundary is residences, Curry Street, and undeveloped forested land; south of the project boundary is undeveloped forested land, maintained fields, and Smith Drive; west of the project boundary is Highway 119, followed by the Cambro Manufacturing site. 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). This project is part of the NC Industrial Center, which has been permitted under Action IDS. SAW-2002-21260, SAW-2011-02215, SAW-2017-02495, and SAW-2019-01512. 4f. List the total estimated acreage of all existing wetlands on the property: 0.34 4g. List the total estimated linear feet of all existing streams on the property: 2,244 4h. Explain the purpose of the proposed project: * The purpose of the project is to provide and enable sufficient, safe, and reasonable truck access for the growth, employment, and distribution of Cambro Manufactured goods from their newly planned site. The existing Cambro Manufacturing site is located directly to the west on the other side of Highway 119. Connection to Highway 119 was imperative and has to be adjacent to the existing facility for production. The location of the site will also minimize truck traffic volume in the surrounding area. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project would develop the site with a facility for Cambro Manufacturing. The area of the proposed building would be approximately 379,672 square feet. The development would include site access roads from Highway 119 and from West Holt Street. The development would also include a minimum of 64 parking spaces to accommodate employees and visitors. Additionally, a wet pond would be constructed within the southeastern portion of the site to pretreat stormwater prior to discharge. To accommodate the manufacturing facility, a minimum of 54 loading docks are required and 379,000 square feet of storage for produce line. Connection to Highway 119 was imperative and the site had to be adjacent to the existing Cambro facility. The site was designed to allow truck movement safely and efficiently around the perimeter of the building. The need for the fire lane around the entire building is a requirement by the fire department for added safety to the facility. This project is part of the NC Industrial Center, which has been permitted under Action IDs. SAW-2002-21260, SAW-2011-02215, SAW-2017-02495, and SAW-2019-01512. Based on the Special Conditions in these NWPs, this project is considered cumulative with earlier phases of the NC Industrial Center with respect to compensatory mitigation and Nationwide Permit thresholds, see Attachment A for the NWP tearsheet. ECS identified five wetlands and five streams within the project boundaries during the wetland delineation conducted on April 2, 2024. The PreliminaryJurisdictional Determination Package is included in this submittal as Attachment B. The proposed project would result in a total of 0.22 acre of permanent wetland impacts; 278 linear feet (0.011 acre) of permanent stream bed impacts; 18,252 square feet of permanent Zone 1 buffer impacts;16,745 square feet of permanent Zone 2 buffer impacts; 1,115 square feet of temporary Zone 1 buffer impacts; and 9,779 square feet of Zone 2 buffer impacts. All impacts are shown on the attached Impact Exhibit (Attachment C). The proposed project would result in 0.13 acre of permanent impacts to Wetland 1, due to grading/fill associated with the construction of the manufacturing facility and impervious pavement. A retaining wall will be constructed at the edge of pavement to reduce further impacts to wetlands, and minimize impacts that would have resulted from a grading slope. Footing drains will be installed on the exterior of the retaining wall to maintain hydrology to the portion of the wetland that won't be impacted. The proposed project would result in 0.07 acre of permanent impacts to Wetland 2, due to grading associated with the wet pond located in in the southeastern portion of the site. The wet pond was designed so that the lowest portion of the pond would be outside of the wetland to comply with regional conditions of the NWP. The proposed project would result in 0.02 acre of permanent impacts to Wetland 5, due to grading/fill associated with the construction of the manufacturing facility and impervious pavement. This impact would be a full take of Wetland 5. The proposed project would result in 210 linear feet (0.008 acre) of permanent impacts to Stream 2, due to grading/fill associated with the construction of the manufacturing facility and impervious pavement. A retaining wall will be constructed at the edge of pavement to reduce further impacts to the remaining portion of Stream 2, and minimize impacts that would have resulted from a grading slope. Footing drains will be installed on the exterior of the retaining wall to maintain hydrology to the portion of Stream 2 that won't be impacted. The proposed project would result in 68 linear feet (0.011 acre) of permanent impacts to Stream 3, due to grading/fill associated with the construction of the manufacturing facility and impervious pavement. This impact would be a full take of Stream 3. The project is located within the Jordan Lake Watershed and is subject to a 50-foot buffer (30-foot Zone 1 and 20-foot Zone 2) as part of the NCDEQ Riparian Buffer Protection Program. The City of Mebane is the local delegated authority in administering the rules; therefore, impacts to state mandated riparian buffers is not accounted for in this application as !twill be dealt with at the local government level. The development would be constructed via standard construction procedures. Proper erosion and sediment control measures will be utilized and maintained throughout the duration of the project. Typical materials and machinery will be used on -site during the construction process. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: ECS conducted a wetland delineation April 2, 2024 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: The PJD package is included as part of this submittal. 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Timothy O'Halloran, PWS Agency/Consultant Company: ECS Southeast, LLC Other: 6. Future Project Plans 6a. Is this a phased project?* Yes No Unknown 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? This is a single and complete project. 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" . Type of Jurisdicition" r(If) 2g. Impact area W1 Grading/Fill P Headwater Forest Wetland 1 Yes Both 0.130 (acres) W2 Grading/Fill P Headwater Forest Wetland 5 Yes Both 0.020 (acres) W3777] Grading P ffmland Hardwood Forest Wetland 2 Yes Both 0.070 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.220 2g. Total Permanent Wetland Impact 0.220 2i. Comments: Mitigation at a 2:1 ratio is proposed for these wetland impacts because it exceeds the NWP thresholds. The Statement of Availability for wetland credits is attached. 3. Stream Impacts ❑ g1 3a. Reason for impact (?) Grading/Fill 3b.lmpact type" Permanent 3c. Type of impact* Fill 3d. S. name * ��3e. Stream 2 Stream Type* (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width Average (feet) 3h. Impact liength* 210 (linear feet) S2 Grading/Fill Permanent Fill Stream 3 Perennial Both 3 Average (feet) 68 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 278 0 3i. Total stream and ditch impacts: 278 3j. Comments: The project is part of the NC Industrial Center, which has a loss of 0.014 acre from prior projects. Although the stream impacts from this project are below 0.02 acre, mitigation is proposed at a 2:1 ratio because the cumulative impacts exceed the NWP thresholds. The Statement of Availability for Stream credits is attached. The project is located within the Jordan Lake Watershed and is subject to NCDEQ Riparian Buffer Protection Program. The City of Mebane is the local delegated authority in administering the rules; therefore, impacts to state mandated riparian buffers is not accounted for in this application as it will be dealt with at the local government level. E. Impact Justification and Mitigation O 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The building footprint and parking were sized to the requirements for functionality of the manufacturing site and the required amount of parking spaces for employees and visitors. The truck court needed to be a minimum of 130 and was reduced to 115 to minimize stream impacts. The width of the truck court was reduced from 40 feet to 15 feet to avoid and minimize stream impacts. The usable area was reduced due to buffer requirements along the residential property to the east. The site was designed to allow truck movement safely and efficiently around the perimeter of the building. The need for the fire lane around the entire building is a requirement by the fire department for added safety to the facility. Due to the minimum width needed for the fire lane, the building foot print could not be shifted any further to the east to further reduce stream and wetland impacts. To minimize impacts during construction, silt fence and erosion control devices will be in place to protect the stream and wetlands. As construction progresses the erosion control devices will stay in place as long as possible to minimize damage to the remaining wetlands and offsite impacts. A retaining wall will be utilized on the western side of the facility to reduce grading impacts to streams and wetlands. Footing drains will be located on the exterior of the retaining wall to maintain hydrology to the portions of streams and wetlands outside of the project's limits of disturbance. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The development will be constructed via standard construction procedures. Appropriate construction techniques will be used, and erosion and sediment control measures will be put in place prior to beginning construction activities, and will be implemented accordingly to minimize potential sedimentation and other potential project -related impacts. Efforts will be made throughout all construction phases to minimize the extent and duration of project -related disturbances to water resources. 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): D W R 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: Motes Creek Buffer Mitigation and Nutrient Offset Bank / RES Cape Fear 02 Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 556 Riparian wetland 0.5 Riparian buffer 79,874 3c. Comments The Statements of Availability are attached. 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 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. City of Mebane Phase II Comments: This project will follow all City of Mebane's Stormwater Ordinance and be compliant with all of the Minimum Design Criteria of the relevant chapter of the NCDEQ Stormwater Design Manual. U The site will utilize a wet detention pond, which will reduce 1, 10, and 100 year storm even and has been designed to remove total suspended solids from site runoff. The site will be approximately 56 % impervious area. G. Supplementary Information O 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. This is a single and complete project and will not result in additional development within the project boundary. 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. Waste water will be handled by the City of Mebane Water Resource Recovery Facility. 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. Raleigh 5d. Is another Federal agency involved? Yes No 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. A Request for Technical Assistance Letter was submitted to USFWS on April 24, 2024, a concurrence letter/email has not been issued. ECS can provide the concurrence letter/email upon receipt. The Request for Technical Assistance Letter is attached as Appendix E. 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? NCHPO database and consultation with the SHPO. A Request for Environmental Review Letter was submitted to NCSHPO on April 24, 2024, a concurrence letter/email has not been issued. ECS can provide the concurrence letter/email upon receipt. 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 FIRM Panel No. 3710981500K, eff. 11/17/2017 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 Cambro_PCN_SupportingDocuments.pdf 84.92MB 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: Timothy O'Halloran Signature 7211 O#AU + Date 4/26/2024 a