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HomeMy WebLinkAbout20161159 Ver 1_401 Application_20161116J McAr)AMS LETTER OF TRANSMITTAL To: Ms. Karen Higgins Date: NC Division of Water Resources 401 and Buffer Permitting Unit 512 N. Salisbury Street Raleigh, North Carolina 27604 Re: Union Athletic Club Job No. Pre -Construction Notification I am sending you the following item(s): 2 0 1 6 1 1 5 9 November 23, 2016 ** FEDERAL EXPRESS " UAC -15000 COPIES DATE NO. DESCRIPTION 4 Copies Letter Packages 1 CHECK $240 2 SETS Sheets 1 Cop Digital Copy n n .-, These are transmitted as checked below: ❑ As requested ❑ For approval ® For review and comment Remarks: Copy to: ❑ For your use Signed: George Buchholz, RETA, PWS Environmental Consultant Raleigh-Durham Charlotte 2905 Meridian Parkway 11301 Carmel Commons Blvd., Suite 111 Durham, North Carolina 27713 Charlotte, North Carolina (919)361-5000 (704)527-0800 Designing Tomorrow's Infrostructure & Communities McAdamsCo.com Nil � It I �VtcAD_,LA.__S November 23, 2016 Mrs. Karen Higgins NC Division of Water Resources 401 and Buffer Permitting Unit 512 N. Salisbury Street Raleigh, North Carolina 27604 Re: Pre -Construction Notification — GC 3886 Authorization Request Union Athletic Club Monroe, Union County, North Carolina UAC -15000 Dear Mrs. Higgins: On behalf of Union Athletic Club, LLC, McAdams is submitting a Preconstruction Notification for approval of 401 Water Quality General Certification 3886 associated with the proposed Union Athletic Club development which is a proposed sport and recreation (indoor and outdoor) facility consisting of a fieldhouse, athletic fields (baseball, football, multi -use fields) along with associated roadway, parking, concessions, and utilities. To gain access to the subject property, a proposed road crossing will be aligned across an unnamed tributary to East Fork Twelve Mile Creek. As a result, there are proposed stream impacts associated with the road crossing. No additional impacts to waters of the U.S. are proposed. Please find enclosed for your review the following items: -Signed Agent Authorization -Figure 1 - USGS Quad — Matthews SE -Figure 2 - Union County Soil Survey (sheet # 17) -Pre-Construction Notification -Figure 3 — Existing Conditions with aerial -USACE Action Id. SAW -2016-00076, Preliminary Jurisdictional Determination, issued April 18, 2016 -USFWS letter dated December 1, 2015 L TheJohn R. McAdams - NC SHPO letter dated December 1, 2015 Company, Inc. - NC SHPO letter dated February 29, 2016 -Figure 4 — Proposed Impact - Overall Site Plan Raleigh i Durham, NC -Inset 1 — Plan View2905 Meridian Parkway -Inset 1— Profile View D'Durham, North Carolina 27713 -Inset I — Cross Sections (919) 361-5000 -Union County Athletic Complex Preliminary Drawings (2 sets; full size) Charlotte, NC 11301 Carmel Commons Blvd, Suite 111 Charlotte North Carolina 28226 (704)527-0800 MCAdamsGo.com Designing Tomorrow's Infrastructure & Communities I McADAMS Mrs. Karen Higgins Pre -Construction Notification Union Athletic Club November 23, 2016 Page 2 of 5 PROJECT HISTORY & EXISTING CONDITIONS: The project site is located off of Goldmine Road in Monroe, North Carolina within Union County. At the time of the field investigations, the subject site consisted of cleared agricultural land with wooded areas running along the entire southwest property boundary and a portion of the northwest boundary. Access to the site is provided by a dirt road that extends from the dead end of Public Works Road. The access road crosses an unnamed creek that flows to the northwest and is located near the southwest property border. Available information indicates that the subject site has historically been utilized for agricultural purposes dating back to approximately 1938. The subject site is bounded to the northeast and northwest by a single-family residential subdivision that was established in 2005. The site is bounded to the southeast by the Coca-Cola Bottling Company Consolidated facility and undeveloped wooded land that are part of the Monroe Corporate Center. The current zoning of the project site is MPD and the proposed use is a sport and recreation (indoor and outdoor) facility. Approximately 40 percent of the subject property is comprised of forested areas with a mixture of oak, hickory, and pine species dominating the canopy layer. The remainder 60 percent of the subject property is comprised of agricultural fields. There are approximately 2,276 linear feet of jurisdictional stream located on the subject property. The USACE conducted an on-site field concurrence meeting on January 28, 2016 and confirmed the wetland/stream delineation. A Preliminary Determination was issued on April 18, 2016 (USACE SAW - 2016 -00076). The U.S. Fish and Wildlife Service (USFWS) issued on December 1, 2015 (see attached letter) a letter stating that based on the USFWS records and a review of information provided by McAdams, no federally listed endangered or threatened species or their habitats occur in the project area. Therefore, the USFWS believes the requirements under Section 7 of the Endangered Species Act are fulfilled. The North Carolina Department of Natural and Cultural Resources — State Historic Preservation Office (NC SHPO) issued on December 1, 2015 (see attached) a letter recommending a comprehensive archaeological survey be conducted by an experienced archaeologist to identify and evaluate a probable cemetery location. TRC Environmental Corporation conducted the necessary archaeological surveys for the proposed project and coordinated with NC SHPO. The NC SHPO issued on February 29, 2016 (see attached) stating that one historic cemetery was identified outside the proposed Union Athletic Club UAC -15000 J Mrs. Karen Higgins Pre -Construction Notification Union Athletic Club November 23, 2016 Page 3 of 5 project area and as a result, will not be affected by the planned construction project. PROPOSED PROJECT: The proposed Union Athletic Club is a sport and recreation (indoor and outdoor) facility. The proposed development will consist of a fieldhouse, athletic fields (baseball, football, multi -use fields) along with associated roadway, parking, concessions, and utilities. To gain access to the subject property, a proposed road crossing will be aligned across an unnamed tributary to East Fork Twelve Mile Creek. The proposed road will be aligned, as much as possible, along the existing dirt road that extends from the dead end of Public Works Road and crosses the stream. As a result, there are proposed stream impacts associated with the road crossing. Additional impacts to the unnamed tributary to East Fork Twelve Mile Creek located within the project area not proposed. Impact Table Type of Impact Proposed Impacts (Linear Feet) Permanent Stream Impact — 32 Culvert: Permanent Stream Impact — 35 Dissa ator Pad: Temporary Stream Impact — Coffer Dam/Diversionary 35 Channel: TOTAL 102 Of the total 67 if of permanent stream impact; 35 if will be associated with a rip -rap dissipator pad which will be installed flush with the existing grade of the stream bed to allow for aquatic life passage. In addition, there will be another 35 if of temporary stream impact associated with the construction of a coffer dam and diversion channel associated with the stream crossing. Stormwater Mana eg ment The proposed development is located within the Catawba River basin with stormwater runoff from the proposed development draining into East Fork Twelve Mile Creek. Stormwater runoff will be routed into vegetated swales and ditch conveyances. The site is to be developed as a "low-density" site, UAC -15000 Mrs. Karen Higgins Pre -Construction Notification Union Athletic Club November 23, 2016 Page 4 of 5 meaning that no more than 24% of the total area of the site will be developed as "built upon area" (BUA), or impervious surfaces. The proposed plan is for 23.9% of the total site area to be developed as BUA. The site qualifies as a "low density" site since the site uses a vegetated lined storm drainage swale to the maximum extent practical and ditch conveyances and is to be developed at less than 24% BUA. No structural stormwater management facilities are required for this project; and therefore, the site does not propose a discrete storm drainage system. AVOIDANCE & MINIMIZATION: Impacts to the jurisdictional stream located on the subject property have been avoided and minimized to the maximum extent practicable; however, due to infrastructure improvements there are proposed impacts. There is existing dirt road leads that extends from the dead end of Public Works Road and crosses the unnamed tributary of East Fork Twelve Mile Creek. The proposed road crossing is aligned along the existing dirt road, as much as possible, to minimize impacts to the unnamed tributary of East Fork Twelve Mile Creek and the associated floodplain. In addition, the proposed crossing alignment has been designed as close to 90 degrees as possible along a narrow stream section to accommodate the necessary road width to access the proposed Union Athletic Club project site. In addition, the rip -rap dissipator pad has been designed flush with the existing grade of the stream bed to allow for aquatic life passage. SUMMARY: The proposed Union Athletic club development which is a proposed sport and recreation (indoor and outdoor) facility consisting of a fieldhouse, athletic fields (baseball, football, multi -use fields) along with associated roadway, parking, concessions, and utilities. The USACE issued a Preliminary Determination on April 18, 2016 (USACE SAW -2016-00076). To gain access to the subject property, a proposed road crossing will be aligned across an unnamed tributary to East Fork Twelve Mile Creek resulting in a total of 102 linear feet of stream impacts. The proposed project is a single and complete project and confined within the property boundary. Appropriate land use control measures will be in place for areas which will require them. Additional impacts to the unnamed tributary to East Fork Twelve Mile Creek are not proposed. In addition, compensatory mitigation is not proposed as a result of the proposed impacts. UAC -15000 WMCADAMS Mrs. Karen Higgins Pre -Construction Notification Union Athletic Club November 23, 2016 Page 5 of 5 At this time, we are requesting approval that the proposed construction activities associated with the Union Athletic Club development are authorized under 401 Water Quality General Certification 3886. Consideration of this project is greatly appreciated. If you should have any questions or require additional information, please do not hesitate to contact me at (919) 287-0890. Sincerely, The John R. McAdams Company, Inc. George Buchholz, RE�ZXject Environmental ConsultManager Attachments: Listed above UAC -15000 iJ AGENT AUTHORIZATION FORM All Blanks To Be Filled In Name: Amy Anthony — Union Athletic Club Address: PO Box 77224 - Charlotte, NC 28271 Phone: 704.905.7353 Email: amyanthony@unionathleticclub,com Project Name/Description: Union Athletic Club Project Number: UAC -15000 Project Manager: I David Malcolm/George Buchholz Date: October 14, 2016 U.S. Army Corps of Engineers Attn: David Schaeffer Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Re: Wetlands Related Consulting and Permitting Mr. Schaeffer: I, the undersigned, hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by The John R. McAdams Company, Inc. staff. At -ml � Print I Signature 1c) -- )I -I C..e Date Raleigh-Durham Charlotte 2905 Meridian Parkway 11301 Carmel Commons Blvd., Suite 111 Durham, North Carolina 27713 Charlotte, North Carolina (919) 361-5000 (704) 527-0800 Designing Tomorrow's Infrastructure & Communities McAdamsCo.com N i _ t 7. SUBJECT SRE ser Legend SUBJECT SITE ♦ Copyright:©2013 National Geographic Society, i -cubed NOTES: 1. USGS 7.5 MINUTE QUAD "MATTHEWS SE", NORTH CAROLINA, 2013 NATIONAL GEOGRAPHIC SOCIETY: 0 1,000 2,000 4,000 LAT: 35.22039 N, LONG: -80.640326 W Feet I inch = 2,000 feet FIGURE ' 1. SITE TOPOGRAPHIC MAP DWG NO: � DATE: 2016 UAC -1 UNION ATHLETIC CLUB JOB NO: UAC -15000 PRE -CONSTRUCTION NOTIFICATION DRAWN BY: GHB GOLDMINE ROAD DRAFT CHECK: GHB ENG. CHECK: GHB MONROE, NORTH CAROLINA APPROVAL: GHB FILE LOC: r1PraJectswACWAC-1500M En vironmentaRGISWAC15000 PHASE I TOPOGRAPHIC SITE MAP—d i • : s fN r rr11 i G5B `�_P . t t58 ZEI SUBJECT SITE tie, iii Ilia MM txcr, Mt`� `, % Cn8 1 con t rA Ba B Tby2 Gardonville ch egend a C"18 SUBJECT SITE C py,rightr@ 2013 National Geo gr phicSIJIiet. I -cubed NOTES: 1,000 500 0 1,000 Feet 1. SOIL SURVEY OF UNION COUNTY, NORTH CAROLINA, SHEET 17 FIGURE 2. SOIL SURVEY DWG NO: DATE: 2016 UAC -1 UNION ATHLETIC CLUB JOB NO: UAC -15000 PRE -CONSTRUCTION NOTIFICATION DRAWN BY: GHB GOLDMINE ROAD DRAFT CHECK: GHB ENG. CHECK: GHB MONROE, NORTH CAROLINA APPROVAL: GHB FILE LOC: Y:1Proj"WUAMAC-150001 EnvironmentallGIS1UAC15000_PHASE I TOPOGRAPHIC SITE MAPM.d Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a Type(s) of approval sought from the Corps: X Section 404 Permit Section 10 Permit 1 b Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 3886 1 c Has the NWP or GP number been verified by the Corps? X No 1d Type(s) of approval sought from the DWQ (check all that apply): X 401 Water Quality Certification — Regular Non -404 Jurisdictional General Permit 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 DWQ 401 Certification: X No For the record only for Corps Permit: X No 1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. X No 1g Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. X No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? X No 2. Project Information 2a Name of project: Union Athletic Club 2b County: Union 2c Nearest municipality / town: Monroe 2d Subdivision name: 2e NCDOT only, T.I.P. or state project no: 3. Owner Information 3a Name(s) on Recorded Deed: Union Athletic Club, LLC 3b Deed Book and Page No. DB:6607; PGA63 3c Responsible Party (for LLC if applicable): Union Athletic Club (attn.: Amy Anthony) 3d Street address: P.O. Box 77224 3e City, state, zip: Charlotte, NC 28271 3f Telephone no.: (704)905-7353 3g Fax no.: 3h Email address: amyanthony@unionathleticclub.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is: 4b Name: 4c Business name (if applicable): 4d Street address: 4e City, state, zip: 4f Telephone no.: 4g Fax no.: 4h Email address: 5. Agent/Consultant Information (if applicable) 5a Name: George Buchholz, Environmental Consultant/Project Manager 5b Business name (if applicable): The John R. McAdams Company 5c Street address: 2905 Meridian Parkway 5d City, state, zip: Durham, NC 27713 5e Telephone no.: 19-287-0890 5f Fax no.: 19-361-2269 5g Email address: buchholz@mcadamsco.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la Property identification no. (tax PIN or parcel ID): 9399005 01 1 b Site coordinates (in decimal degrees): Latitude: 35.0222 Longitude: -80.64315 1c Property size: 50.34 acres 2. Surface Waters 2a Name of nearest body of water to proposed project: East Fork Twelve Mile Creek 2b Water Quality Classification of nearest receiving water: C; NCDWR Index #: 11-138-2 2c River basin: atawba/HUC: 030501030202 3. Project Description 3a 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 site is located off of Goldmine Road in Monroe, North Carolina within Union County. At the time of the field investigations, the subject site consisted of cleared agricultural land with wooded areas running along the entire southwest property boundary and a portion of the northwest boundary. Access to the site is provided by a dirt road that extends from the dead end of Public Works Road. The access road crosses an unnamed creek that flows to the northwest and is located near the southwest property border. Available information indicates that the subject site has historically been utilized for agricultural purposes dating back to approximately 1938. The subject site is bounded to the northeast and northwest by a single-family residential subdivision that was established in 2005. The site is bounded to the southeast by the Coca-Cola Bottling Company Consolidated facility and undeveloped wooded land that are part of the Monroe Corporate Center. The current zoning of the project site is MPD and the proposed use is a sport and recreation (indoor and outdoor) facility. Approximately 40 percent of the subject property is comprised of forested areas with a mixture of oak, hickory, and pine species dominating the canopy layer. The remainder 60 percent of the subject property is comprised of agricultural fields. 3b List the total estimated acreage of all existing wetlands on the property: 0 AC 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,276.13 LF 3d Explain the purpose of the proposed project: The purpose of the project is construct a road crossing an unnamed tributary to East Fork Twelve Mile Creek so that to access can be provided to the project site for the proposed construction of a sport and recreational facility in Monroe, North Carolina within Union County. 3e Describe the overall project in detail, including the type of equipment to be used: The proposed Union Athletic Club is a sport and recreation (indoor and outdoor) facility. The proposed development will consist of a fieldhouse, athletic fields (baseball, football, multi -use fields) along with associated roadway, parking, concessions, and utilities. To gain access to the subject property, a proposed road crossing will be aligned across an unnamed tributary to East Fork Twelve Mile Creek. The proposed road will be aligned, as much as possible, along the existing dirt road that extends from the dead end of Public Works Road and crosses the stream. As a result, there are proposed stream impacts associated with the road crossing. Additional impacts to the unnamed tributary to East Fork Twelve Mile Creek located within the project area not proposed. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the X Yes Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: 4b If the Corps made the jurisdictional determination, what X Preliminary type of determination was made? 4c If yes, who delineated the jurisdictional Agency/Consultant Company: areas? Name (if known): Other: George Buchholz, McAdams Co. 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Mr. David Shaeffer (USACE representative) attended an on-site field concurrence meeting on January 28, 2016 and confirmed the wetland/stream delineation. A Preliminary Determination was issued on April 18, 2016 (USACE SAW -2016-00076). 5. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? X No 5b If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a Is this a phased project? Yes X No 6b If yes, explain. Page 3 of 10 PCN Form —Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): Wetlands X Streams — tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary (T) 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (' Temporary (T) (feet) W Unnamed Tributary X Corps S1 Permanent Culvert to East Fork Twelve Perennial 7 FT 32 Mile Creek Unnamed Tributary X Corps S1 Permanent Dissipator Pad to East Fork Twelve Perennial 7 FT 35 Mile Creek Coffer Dam & Unnamed Tributary X Corps S1 Temporary Diversion Channel to East Fork Twelve Perennial 7 FT 35 Mile Creek 3h. Total stream and tributary impacts 102 3i. Comments: See Figure 4, Inset 1 (Plan, Profile, and Cross -Sections). It should be noted that of the total 67 If of permanent stream impact; 35 If will be associated with a rip -rap dissipator pad which will be installed flush with the existing grade of the stream bed to allow for aquatic life passage. In addition, there will be another 35 If of temporary stream impact associated with the construction of a coffer dam and diversion channel associated with the stream crossing. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then in ividually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 02 03 04 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 P2 5f. Total: 5gComments: 5hls a dam high hazard permit required? Yes No If yes, permit ID no: 5i Expected pond surface area (acres): 5j Size of pond watershed (acres): 5kMethod of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require miticiation. then you MUST fill out Section D of this form. 6a Project is in which protected basin? Neuse Tar -Pamlico Catawba Randleman Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet 131 B2 B3 B4 B5 B6 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to the jurisdictional stream located on the subject property have been avoided and minimized to the maximum extent practicable; however, due to infrastructure improvements there are proposed impacts. There is existing dirt road leads that extends from the dead end of Public Works Road and crosses the unnamed tributary of East Fork Twelve Mile Creek. The proposed road crossing is aligned along the existing dirt road, as much as possible, to minimize impacts to the unnamed tributary of East Fork Twelve Mile Creek and the associated floodplain. In addition, the proposed crossing alignment has been designed as close to 90 degrees as possible along a narrow stream section to accommodate the necessary road width to access the proposed Union Athletic Club project site. In addition, the rip -rap dissipator pad has been designed flush with the existing grade of the stream bed to allow for aquatic life passage. 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction of the proposed road will occur as close to 90 degrees as possible as it crosses the unnamed tributary of East Fork Twelve Mile Creek and the rip -rap dissipator pad will be constructed flush with the existing grade of the stream bed to allow for aquatic life passage. Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in the Erosion Control Plan sheet reviewed and approved by the NC Division of Land Quality and Union county. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, temporary coffer dams, tree protection, clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for X No impacts to Waters of the U.S. or Waters of the State? 2b If yes, mitigation is required by (check all that apply): DWQ Corps Mitigation bank 2c If yes, which mitigation option will be used for Payment to in -lieu fee program this project? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank: Type Quantity: 3b Credits Purchased (attach receipt and letter) Quantity: Type Quantity: 3c Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached. 4b Stream mitigation requested: linear feet 4c If using stream mitigation, stream temperature: 4d Buffer mitigation requested (DWQ only): square feet 4e Riparian wetland mitigation requested: acres 4f Non -riparian wetland mitigation requested: acres 4g Coastal (tidal) wetland mitigation requested: acres 4h Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that X No requires buffer mitigation? 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c 6d 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers Yes X No identified within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan included? If no, explain why. Yes No 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 23.9% 2b Does this project require a Stormwater Management Plan? X Yes 2c If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Th proposed development is located within the Catawba River basin with stormwater runoff from the proposed development draining into East Fork Twelve Mile Creek. Stormwater runoff will be routed into vegetated swales and ditch conveyances. Th site is to be developed as a "low-density" site, meaning that no more than 24% of the total area of the site will be developed a "built upon area" (BUA), or impervious surfaces. The proposed plan is for 23.9% of the total site area to be developed as BUA. The site qualifies as a "low density" site since the site uses a vegetated lined storm drainage swale to the maximum extent practical and ditch conveyances and is to be developed at less than 24% BUA. No structural stormwater management facilities are required for this project; and therefore, the site does not propose a discrete storm drainage system. 2e Who will be responsible for the review of the Stormwater Management Plan? ivision of Energy, Mineral and Land esources DEMLR 3. Certified Local Government Stormwater Review 3a In which localgovernment's jurisdiction is thisproject? Union County Phase II 3b Which of the following locally -implemented stormwater management programs NSW USMP apply (check all that apply): Water Supply Watershed Other: 3c Has the approved Stormwater Management Plan with proof of approval been attached? A courtesy copy of the SW Management Plan will be X No provided upon approval. 4. DWQ Stormwater Program Review Coastal counties HQW 4a Which of the following state -implemented stormwater management programs ORW apply (check all that apply): Session Law 2006-246 Other: 4b Has the approved Stormwater Management Plan with proof of approval X No been attached? 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? X Yes 5b Have all of the 401 Unit submittal requirements been met? X Yes Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal/state/local) funds or X No the use of public (federal/state) land? lb If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or Yes No State (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Yes No Comments: 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland X No Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? 2bls this an after -the -fact permit application? X No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result X No in additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed Union Athletic Club project is a sport and recreational facility in Monroe, North Carolina within Union County. The proposed development will consist of approximately fieldhouse, athletic fields (baseball, football, multi -use fields) along with associated roadway, parking, concessions, utility, and stormwater management improvements. The entire Union Athletic Club project is a single and complete project with appropriate land use control and stormwater measures in place for specific areas which require them. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Waste water will be directed into an existing treatment facility operated by Union County, under a maintained sewer line. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species X Yes or habitat? 5b Have you checked with the USFWS concerning Endangered Species X No Act impacts? 5c If yes, indicate the USFWS Field Office you have contacted. 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The U.S. Fish and Wildlife Service issued on December 1, 2015 (see attached letter) a letter stating that based on the USFWS records and a review of information provided by McAdams, no federally listed endangered or threatened species or their habitats occur in the project area. Therefore, the USFWS believes the requirements under Section 7 of the Endangered Species Act are fulfilled. 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? X No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? An interactive map called the Essential Fish Habitat (EFH) Mapper (htta://www.habitat.noaa.goy/t)rotection/efh/efhmaopedl was accessed on January 15, 2016 to determine if the project will impact Essential Fish Habitat. 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 X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? What data sources did you use to determine whether your site would impact historic or archeological resources? The North Carolina Department of Natural and Cultural Resources — State Historic Preservation Office (NC SHPO) issued on December 1, 2015 (see attached) a letter recommending a comprehensive archaeological survey be conducted by an experienced archaeologist to identify and evaluate a probable cemetery location. TRC Environmental Corporation conducted the necessary archaeological surveys for the proposed project and coordinated with NC SHPO. The NC SHPO issued on February 29, 2016 (see attached) stating that one historic cemetery was identified outside the proposed Union Athletic Club project area and as a result, will not be affected by the planned construction project. 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA -designated 100 -year floodplain? X Yes 8b If yes, explain how project meets FEMA requirements: 8c What source(s) did you use to make the floodplain determination? The North Carolina Flood Insurance Rate Map 3710540600J 3710541600J (both issued October 16, 2008) were reviewed and it was determined that there is a 100 -year flood area located on the subject property. A Conditional Letter of Map Revision (CLOMR) is being submitted to the locality and state based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Page 10 of 10 Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 11/.:)-,3 /1 tD Date STREAM C; INTERMITTENT; 193.08 FT STREAM A; PERENNIAL; 2,083.05 FT LEGEND PROJECT SITE = ± 50.3 ACRES INTERMITTENT STREAM = ± 193.08 LF PERENNIAL STREAM = ± 2,083.05 LF TOTAL STREAMS = ± 2,276.13 LF N OTES 1) WETLAND DELINEATION FIELD WORK COMPLETED 10/27/15. 2) CATAWBA RIVER BASIN; 12—D(GIT HUC: 030501030202. 3) STREAMS ARE UNNAMED TRIBUTARIES TO EAST FORK TWELVE MILE CREEK. 4) NCDWR STREAM INDEX NUMBER 11-138-2; STREAM CLASSIFICATION "C". 5) USACE ISSUED JURISDICTIONAL DETERMINATION (ACTION ID. SAW -2016-00076) ON APRIL 18, 2016. GRAPHIC SCALE 300 0 150 300 600 1 inch = 300 ft. A �D Z v, �4Pzz -0 uz god zuo Z0 z �°z m a a 0 M V o w s N M N tomo 0 0 N z a U 11'J MCADAMS U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-00076 County: Union U.S.G.S. Quad: NC-MATTHEWS NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Union Athletic Club, LLC Address: 3018 Ashford Glen Drive Matthews, North Carolina 28104 Size (acres) 50.34 Nearest Town Monroe Nearest Waterway East Fork Twelvemile Creek River Basin Santee USGS HUC 3050103 Coordinates Latitude: 35.02219 Longitude: -80.64048 Location description: The subject property is located 0.37 miles northwest of the intersection of Phil Hargett Court and Corporate Center Drive. PIN: 0939900501. Indicate Which of the Followiny. Apply: A. Preliminary Determination ® Based on preliminary information, there may be waters of the U.S., including wetlands on the above described project area/property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters of the U.S., including wetlands on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We strongly suggest you have the waters of the U.S., including wetlands on your project area/property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. ❑ The waters of the U.S., including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of waters of the U.S. are depicted on the enclosed map dated Date. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters of the U.S., including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on Date. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Shaeffer at 919-554-4884 X31 or David.L.Shaeffer(a,usace.army.mil. C. Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the project area appears to exhibit criteria for waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance Letter 05-05, the JD Guidebook (i.e. Rapanos Guidance), the 1987 Wetland Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the preliminary iurisdictional determination form dated 4/18/2016 included in the file. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signM by SHAEFFE9.DAVID.LEIGH. M0750573 /�.-=SHAS,O=US. Wvemmen207505730u=PNI, Ou:USA, Corps Regulatory Official: n=SHAEFFERDAVID1:31-.IMO]50513 Da IC. 2016.06.19 09:61:3741'00' Date: 4/18/2016 Expiration Date: not applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/Pp=1 36:4:0 Copy furnished: Agent: George Buchholz John R. McAdams Company Address: 2905 Meridian Parkway Durham. North Carolina, 27713 Telephone Number: 919-361-5000 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Union Athletic Club LLC File Number: SAW -2016-00076 Date: 4/18/2016 Attached is: See Section below 71 INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ZI PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http•//ww-w usace army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION It - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer David Shaeffer, Asheville Regulatory Field Office, US CESAD-PDO Army Corps of Engineers, 151 Patton Avenue, Room 208, U.S. Army Corps of Engineers, South Atlantic Division Asheville, North Carolina 28801-5006 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Reference: Howey and Tracey, Union Athletic Club Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 ENCLOSURE PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 4/18/2016 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Union Athletic Club, LLC C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Howey and Tracey, Union Athletic Club, SAW -2016-00076 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 50 acre parcel of land located off of Goldmine Road in Monroe, North Carolina within Union County. State: NC County/parish/borough: Union City: Monroe Center coordinates of site (lat/long in degree decimal format): Lat. 35.022190 N, Long. -80.64048° W. Universal Transverse Mercator: Name of nearest waterbody: East Fork Twelvemile Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: See aquatic resources table linear feet: width (ft) and/or acres. Cowardin Class: Stream Flow: Wetlands: None. acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: None. Non -Tidal: None. E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: N Field Determination. Date(s): 1/28/2016 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Figure 3 dated 2/1/2016. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name -.Matthews SE 1"=2,000'. ® USDA Natural Resources Conservation Service Soil Survey. Citation:Union County Sheet 17. ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):2013 ESRI. or ❑ Other (Name & Date): ❑ Previous determination (s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573 �sy- J /f• "' '-=u S, o=U.S. Government, ou=OoD. =PKI, au=USA, cn=SHAEFFE R.DAV ID. LEIGH. 1260750573 Date: 2016.04.18 08:42:29 -04'00' Signature and date of Regulatory Project Manager (REQUIRED) 4/18/2016 �o/I 110 ignature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) SAW -2016-00076 Union Athletic Club, Aquatic Resources Table UAC -15000 Estimated Class of Site Latitude Longitude Cowardin amount of aquatic number Class aquatic resource in review area resource 1 35.0222 -80.64315 R2SB4 2,083.05 If Stream A — Section 404 Only 2 35.0219 -80.6420 R2SB4 193.08 linear feet Stream C - Section 404 only United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Off ice 163 Zillicoa Street Asheville. North Carolina 28801 December 1, 2015 Mr. George Buchholz The John R. McAdams Co., Inc. 2905 Meridian Parkway Durham, North Carolina 27713 Dear Mr. Buchholz: Subject: Proposed Union Athletic Club Property Development, Monroe, Union County, North Carolina (UAC -15000) We received your letter dated November 4, 2015 (received on November 5, 2015), requesting our comments on the subject project. The following comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§4321 et seq.) and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Impervious Surfaces/Low Impact Development (LID) - Recent studies' have shown that areas of 10- to 20 -percent impervious surface (such as roofs, roads, and parking lots) double the amount of storm -water runoff compared to natural cover and decrease deep infiltration (groundwater recharge) by 16 percent. At 35- to 50 -percent impervious surface, runoff triples, and deep infiltration is decreased by 40 percent. Above 75 -percent impervious surface, runoff is 5.5 times higher than natural cover, and deep infiltration is decreased by 80 percent. Additionally, the adequate treatment of storm water in development areas is essential for the protection of water quality and aquatic habitat in developing landscapes. Impervious surfaces collect pathogens, metals, sediment, and chemical pollutants and quickly transmit them (via storm -water runoff) to receiving waters. According to the Environmental Protection Agency, this nonpoint-source pollution is one of the major threats to water quality in the United States, posing one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in human populations from exposure through drinking water and contact recreation. Increased storm -water runoff also directly damages aquatic and riparian habitat, causing stream -bank and stream -channel scouring. In addition, impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce 'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government). October 1998. Stream Corridor Restoration: Principles, Processes, and Practices. GPO Item No. 0120-A; SuDocs No. A 57.6/2:EN 3/PT.653. ISBN -0-934213-59-3. potentially catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all developments, regardless of the percentage of impervious surface area they will create, implement storm -water -retention and -treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition in order to avoid any additional impacts to habitat quality within the watershed. We recommend the use of low -impact -development techniques,2 such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from development. Where detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of storm -water -control measures is to protect streams and wetlands, no storm -water -control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. We also recommend that consideration be given to the use of pervious materials (i.e., pervious concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways, sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within the concrete. Stream and Wetland Buffers - Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They accomplish the following: 1. catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from reaching streams; 2. enhance the in -stream processing of both point- and nonpoint-source pollutants; 3. act as "sponges" by absorbing runoff (which reduces the severity of floods) and by allowing runoff to infiltrate and recharge groundwater levels (which maintains stream flows during dry periods); 4. catch and help prevent excess woody debris from entering the stream and creating logjams; 5. stabilize stream banks and maintain natural channel morphology; 6. provide coarse woody debris for habitat structure and most of the dissolved organic carbon and other nutrients necessary for the aquatic food web; and 7. maintain air and water temperatures around the stream. 'We recommend visiting the Environmental Protection Agency's Web site (http://Www.epa.govlowowlnpsllidl)for additional information and fact sheets regarding the implementation of low -impact -development techniques. Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide along perennial streams [or the full extent of the 100 -year floodplain, whichever is greater]) should be created and/or maintained along all aquatic areas. Within the watersheds of streams supporting endangered aquatic species, we recommend undisturbed, forested buffers that are naturally vegetated with trees, shrubs, and herbaceous vegetation and extend a minimum of 200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks of all intermittent streams, or the full extent of the 100 -year floodplain, whichever is greater.) Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission, etc.), and other infrastructures that require maintained, cleared rights-of-way and/or compromise the functions and values of the forested buffers should not occur within these riparian areas. Federally Listed Endangered and Threatened Species - According to our records and a review of the information you provided, no federally listed endangered or threatened species or their habitats occur in the project area. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We appreciate the opportunity to provide these comments and request that you continue to keep us informed as to the progress of this proposed project. If we can be of assistance or if you have any questions, please contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229. In any future correspondence concerning this project, please reference our Log Number 4-2-16-074. Sincerely, - - original signed - - Janet Mizzi Field Supervisor cc: Ms. Shari L. Bryant, Eastern Piedmont Region Permit Reviewer, North Carolina Wildlife Resources Commission, P.O. Box 129, Sedalia, NC 27342-0129 STATE 4 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Pat McCrory Secretary Susan Kluttz December 1, 2015 George Buchholz The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 Office of Archives and History Deputy Secretary Kevin Cherry Re: Construct Union County Athletic Club, Monroe, UAC -15000, Union County, ER 15-2553 Dear Mr. Buchholz: Thank you for your letter of November 4, 2015, transmitting the information concerning the above referenced document. After reviewing the information provided and the additional information provided to our office by a local resident, we have determined that there is a very high probability that a poorly marked historic period cemetery is located within your proposed project area. There also exists a high probability that other archaeological features associated with past residents may be present in the project area. We therefore recommend that before any ground disturbing activities take place, that a comprehensive archaeological survey be conducted by an experienced archaeologist to identify and evaluate the probable cemetery location and to locate and evaluate the significance of any archaeological remains that may be damaged or destroyed by the proposed project. Please note that our office now requests consultation with an Office of State Archaeology Environmental Review Archaeologist to discuss appropriate field methodology prior to the archaeological field investigation. If an archaeological field investigation is conducted, two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms should be forwarded to us for review and comment as soon as they are available and well in advance of any earth moving activities. We have determined that the project as proposed will not have an effect on any historic structures. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Location: t 09 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or em 1ronmental.reyiewLancdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona A Bartos North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Hartos, Administrator Governor Pat McCrory Office of Archives and History Secretary Susan Kluttz Deputy Secretary Kevin Cherry February 29, 2016 Sean Norris TRCsolutions 50101 Governor's Drive Suite 250 Chapel Hill, NC 27517 Re: Cemetery Site (31 UN374) Delineation for the Proposed Union Athletic Club, Union County, ER 15-2553 Dear Mr. Norris: Thank you for your letter of January 11, 2016, transmitting the above referenced report. One historic cemetery (31 UN374) was identified during the archaeological investigation. Site 31 UN374 is outside of the proposed Union Athletic Club project area and as a result will not be affected by the planned construction project. We concur with this assessment. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewQneder.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, (1� atduL-&&� "O"Ramona M. Bartos Location, 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570!807-6599 \ 1 1 1 1 \ 1 \ 1 \ 1 1 1 \ 1 \ 1 \ 1 \ s � LEGEND n TN mU PROJECT SITE = ± 50.3 ACRES a izz INTERMITTENT STREAM = ± 193.08 LF :9M PERENNIAL STREAM = ± 2,083.05 LF TOTAL STREAMS = ± 2,276.13 LF NOTES 1) WETLAND DELINEATION FIELD WORK COMPLETED 10/27/15. A 2) CATAWBA RIVER BASIN; 12 -DIGIT HUC: 030501030202. U 3) STREAMS ARE UNNAMED TRIBUTARIES TO EAST FORK TWELVE MILE CREEK. 4) NCDWR STREAM INDEX NUMBER 11-138-2; STREAM CLASSIFICATION "C". 5) USACE ISSUED JURISDICTIONAL DETERMINATION (ACTION ID. SAW -2016-00076) ON APRIL 18, 2016. a ►•r r �pU i Z z° �..� 0, a O a � U �D Z A O s wN N ZZOpp.,o OU040 ' o �-+ a O S S1 � Z ANENT STREAM IMPACTS (CULVERTS): TOTAL 32 LF a ANENT STREAM IMPACTS (DISSIPATOR PAD): TOTAL 35 LF 0 DRARY STREAM IMPACTS: TOTAL 35 LF U STREAM IMPACTS = 102 LF o o o x 0 n o O p tD o `n o I v II o a Q Q I GRAPHIC SCALE > 300 0 150 300 600 a F v w i o 'o 1 inch = 300 ft. a a o 0 MCADAMS TEMPORARY STREAM IMPACT; 17 LF PERMANENT STREAM IMPACT (CULVERTS); 32 LF PERMANENT STREAM IMPACT (DISSIPATOR PAD); 35 LF TEMPORARY STREAM IMPACT - 18 LF L -- STREAM IMPACTS (S1): PERMANENT STREAM IMPACTS (CULVERTS): TOTAL 32 LF PERMANENT STREAM IMPACTS (DISSIPATOR PAD): TOTAL 35 LF TEMPORARY STREAM IMPACTS: TOTAL 35 LF TOTAL STREAM IMPACTS = 102 LF LEGEND PROJECT SITE = + 50.3 ACRES INTERMITTENT STREAM = ± 193.08 LF PERENNIAL STREAM = ± 2,083.05 LF TOTAL STREAMS = ± 2,276.13 LF GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. Y: Projects UAC UAC -15000 Storm Wetlands Current DruWr s UAC-15000—IM1-dw , 11/23/2016 10:09:26 AM. Pierce, Shane L PROJECT rro. UAC -15000 UNION ATHLETIC CLUB 'J 1ilZJOi4fRYdNivli® Chi• �• FILENAME: � C15000X a PRE -CONSTRUCTION NOTIFICATION 2905 Meridian Parkway SCALE: 1 " = 50' a INSET 1 - STREAM IMPACT (S 1) Durham, North Carolfna 27713 � No.: 0-0293 9 MCADAMS (800) 733-5618• MrAdanwCo.cmn DATE: 11-08-16 MONROE, UNION COUNTY, NORTH CAROLINA A (3) 7 FT. DIAMETER C (32 1 1 FT. THK. RIP R DISSIPATOR PAD TO INSTALLED FLUSH W' EXISTING GRA DOWNSTREAM STRE INV. 615.: DOWNSTRE INV. 614.: BURIED Cl INV. 613.: DOWNSTREAM UPSTREAM 0+00 0+50 0+00 0+50 ) 7 FT. DIAMETER CMP 2 LF) 'STREAM STREAM V. 615.75' 'STREAM V. 614.75' JRIED CMP V. 613.75' L PROJECT NO. UAC -15000 UNION ATHLETIC CLUB FILENAME: '�OOI�MY UAC15000X PRE—CONS"TR�Ur�CT�IAO'N7'N�OT/I'MCATION dSCALE:INSET 1 -S iZP�l]l�l i1.1�AC 1 (Sl) Durb�5 Ips (� 27713 a 1"=40'H: 1"=4"V CROSS SECTIONS License No.: 0-0299 y DATE: (600) 799-5846 • MrAdmmeCo.c 11-08-16 MONROE, UNION COUNTY, NORTH CAROLINA MCADAMs A