20080394 Ver 1_401 Application_20080208

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THE MCALPINE GROUP, LLC BB&T
1329 E MOREHEAD 5T " BRANCH BANKING ANO TRUST COMPANY
NORTH CAROLINA 3856
..CHARLOTTE, NO 20204
[phone] 66-112.531 ti
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2-19-2008 $********240.00
DATE AMOUNT 8
Pay: **********************************Two hundred forty dollars and no cents
PAY .
TOHENC Division of Water Quality
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February 26, 2007
Mr. Alan Johnson
North Carolina Division of Water Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Reference: Application for Isolated Wetland Permit
Highway 73 Commercial/Macedonia Church Road Site, Cabarrus County, NC
ESP Job #VB31.750
Dear Mr. Johnson,
On behalf of the McAlpine Group, ESP Associates, P.A. is pleased to submit the enclosed Pre-
Construction Notification to apply for an Isolated Wetland Permit in association with the proposed
Highway 73 Commercial site in the city of Kannapolis, North Carolina. Proposed impacts include
0.36 acre of forested wetland, which has been verified as non jurisdictional by the USACE. Please
find attached to this letter the following items:
1) A complete PCN Application form
2) Vicinity map and aerial showing isolated wetland area
3) Project site plan/layout
4) USGS topo quad
5) Agent Authorization form
Project Description
The Highway 73 Commercial site is being proposed for commercial development and totals
approximately 24.5 acres. The site is located west of Kannapolis Parkway, south of Macedonia
Church Road and north of Highway 73 (Davidson Highway) in Cabarrus County, North Carolina.
The site is comprised of forested and cleared areas and includes three abandoned single family
residences along Old Macedonia Church Road and two single family residences adjacent to
Davidson Highway. Industrial and commercial development is located to the east and northeast,
forested/cleared undeveloped areas are located to the north and west, and a church is located
southwest of the site.
McAlpine Group. LLC ESP Project # V1331.750
Highway 73 Commercial Site February 26, 2008
Jurisdictional Features & Impacts
ESP identified one wetland area within the site during our natural resource investigation conducted
on October 30, 2007. However, according to USACE regulations, this wetland area is not
considered jurisdictional. The Jurisdictional Determination was issued by the USACE on January
30, 2008 (AID #SAW-2007-4087-313).
The proposed impact to the 0.36-acre isolated wetland area is justified in order to provide for the
utilization of this highly valued developable property. This impact exceeds NCDWQ's threshold for
401 written concurrence, but does not exceed the 1-acre threshold for mitigation requirements.
Therefore, based on NCDWQ regulations and my conversation with you on December 20, 2007
concerning this project, mitigation will not be required for this development.
Please feel free to contact us with any questions regarding the information we have provided. We
welcome any opportunity to discuss the project further, in person or otherwise. Thank you for your
time and consideration, and we look forward to working with you in the future.
Sincerely,
ESP Associates, P.A.
7;?? 'J 0-L"&A-k-?
Renee Gallimore
Natural Resource Scientist
Office Use Only: 0 v V y dorm xer? larch 05
4
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ® Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested
n/a
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here ??
? {f. C w t
II. Applicant Information ?...-
1. Owner/Applicant Information
Name: McAlpine Group LLCM ;' ? f
Mailing Address: Attn: Mr. Lindsey McAlpine `'r? I? ANms
1329 East Morehead Street
Charlotte. NC 28204
Telephone Number: 704-362-4000 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Renee Gallimore
Company Affiliation: ESP Associates, PA
Mailing Address: 3475 Lakemont Blvd.
Fort Mill, SC 29708
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Hwy. 73 Commercial/Macedonia Church Rd site
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Numbers (Tax PIN): 4691-99-3050; 4691-99-0177; 4691-89-4379;
4691-88-9743;4691-88-7264;4691-88-9136
4. Location
County: Cabarrus Nearest Town: Kannapolis
Subdivision name (include phase/lot number): Hwy 73 Commercial site
Directions to site (include road numbers/names, landmarks, etc.): west of Kannapolis
Parkway, south of Macedonia Church Road and north of Highway 73 (Davidson Highway) in
Kannapolis, Cabarrus County, NC
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.4390 N 80.6844 W
6. Property size (acres): 24.
7. Name of nearest receiving body of water: UT Afton Run
River Basin: Yadkin 03040105
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is comprised of forested and cleared areas and
includes three abandoned single family residences along Old Macedonia Church Road and
two single family residences adjacent to Davidson Hwy. A church is located southwest of
Page 6 of 12
the site industrial and commercial development is located northeast and east of the site, and
forested/cleared undeveloped areas are located north and west of the site.
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed use for the site is the development of highly-valued commercial real estate that
will enhance the market value of the property, as well as the surrounding properties. Typical
land development/construction equipment will be used including mechanized excavation and
grading equipment.
11. Explain the purpose of the proposed work:
Impacts to the isolated wetland area for the pumose of developing commercial properties.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No permits have been issued and prior impacts have not occurred for this project.
On-site wetland area is not jurisdictional according to USACE regulations; this JD has been
issued by the USACE dated January 30, 2008 (AID #SAW-2007-4087-313).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits or additional impacts are expected with this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts:
Area 1: Impacts consist of permanent disturbance to 0.36 acre of forested wetland area, to
include the placement of clean earthen fill for the development of commercial properties.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Area Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
1 Earthen fill (permanent) forested no 300'+ 0.36
Total Wetland Impact (acres) 0.36
3. List the total acreage (estimated) of all existing wetlands on the property: 0.36
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Average Impact Area of
Number Stream Name Type of Impact Intermittent? t?
ittent Stream Width Length Impact
(indicate on ma) . Before Impact (linear feet) (acres)

Total Stream Impact (by length and acreage) n/a
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

Total Open Water Impact (acres) n/a
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): n/a
Wetland Impact (acres): 0.36
Open Water Impact (acres): n/a
Total Impact to Waters of the U.S. (acres) 0.36
Total Stream Impact (linear feet): n/a
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
(On-site wetland area is not jurisdictional according to USACE regulations; this JD has been
verified by the USACE).
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed use for the propertv is the development of a communitv commercial development.
The proposed impacts to the isolated wetland area are necessary and justified in order to allow
for the maximum utilization of highly valued developable property, which will provide financial
viability for the project. The proposed impacts to this isolated wetland area are justified due to
the high value of this property and property in this area the close proximity and accessibility to
surrounding development and the potential for future development within this region.
Page 9 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
htlp://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Proposed impacts do not exceed NCDWQ's 1-acre threshold for mitigation requirements.
Therefore, mitigation will not be required for this development.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Page 10 of 12
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No X
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No X
Buffer requirements will not apply to this development.
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Impact Required
Zone* r , Multiplier A C+;, -«;--
Total
n/a
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page 11 of 12
l
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The SMP will be submitted to and approved by the local delegating authority (City of
Kannapolis) in accordance with NCDWQ regulations.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes ? No X
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
No additional development is anticipated within or adjacent to the property.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date V
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
Agent Authorization
US Army Corps of Engineers
Section 404
Project Name: Macedonia Church Rd/Hwy 73 Commercial site
Project Address: west of Kanngpolis Pkwy, south of Macedonia Church Road. north of Hwy 73
(Davidson Hwy) in Cabarrus County. NC
Tax Assessor Parcel No.
Applicant:
Name/Company: McAlpine Group. LLC
Mailing Address: 1329 E. Morehead Street
Charlotte. NC 28204
Telephone Number: 704-3624000 Fax number: 704-362-2422
Current Owner (if different from applicant): Consultant Information:
Name:
Mailing Address:
Telephone Number:
Fax Number:
I / We, Lindsey McAlpine hereby certify that I / we are the legal owner(s) or legal lease-
holder or other legal contract-holder of that certain property referenced above, and do hereby give, grant
and / or convey unto the US Army Corps of Engineers the right to enter upon or across said property for
the purpose of verification of flagged jurisdictional wetland and stream boundaries located on the
property by ESP Associates, P.A. It is hereby agreed that the right of entry granted shall waive claim of
trespass on said property and shall not be deemed a trespass during the period ending on 12/31/08 .
Furthermore, I / we do hereby authorize ESP Associates, P.A. to act on the behalf of
The McAlpine Group. LLC
in all natural resource services (specifically wetland and stream matters) described under Section 404
Company: ESP Associates. P.A.
Attn: Renee Gallimore
Mailing Address: 3475 Lakemont Blvd
Fort Mill. SC 29708
Telephone Number: 803-802-2440
Fax Number: 803-802-2536
and Section 401 of the Clean Water Act for the property referenced above.
1119107
Ownplicant Date
Owner/Applicant
Date
lease-holder (if applicable) Date
Owner/Applicant
Date
Lease-holders must provide proof of their authority to sign this document by providing a copy of a corporate resolution or
other documentation so stating.
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