HomeMy WebLinkAbout20161121 Ver 2_401 Application_20170517WWETLANDS
J4 -.4k & WATERS
Mr. Alan Johnson
NC DWR, 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Untz Road Industrial
AID# SAW -2015-02486
DWR# 16-1121
Cabarrus County, NC
Mr. Johnson,
May 101h, 2017
D
I MAY 1 2017
Attached, please find three (3) copies of the original application for the Untz Road Industrial project, as
well as updates including correspondence from the Division of Mitigation Services, US Fish and Wildlife
Service, and updated permit drawings (including large scale drawings).
Also included are three copies of the construction documents that show locations of future stormwater
management facilities.
Please do not hesitate to call if you have any questions regarding this information.
Best regards,
Perry Isner
704.773.4239
CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. TAMP BANDY
1 70 DEW DROP ROAD 41 D8 LB PROPST DRIVE
SPARTA, NO 28675 CONOVER, NO 2861 3
336.406.0906 828.302.3437
CHRIS. H UYSMAN@GMAIL.COM JTAMPBANDY@GMAIL.COM
4wWETLANDS
a Y& WATERS
Mr. Jason Randolph
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
RE: Untz Road Industrial
AID#: SAW -201S-02486
Cabarrus County —16S acres
Parcel #'s: 46915291580000, 46906900180000, 46904956670000(partial)
Mr. Randolph,
November 7, 2016
MAY 15 201T,
Attached please find a Pre -Construction Notification for a Nationwide Permit 39 Verification to construct
infrastructure associated with the commercial development of the above site. This project is located on
Untz Road in Cabarrus County, just west of 1-85 and south of the Coddle Creek Reservoir. Existing land
use of the project is agricultural, consisting of low quality pasture lands for cattle with degraded stream
and riparian areas. Impacts associated with this development include 280 linear feet of permanent
stream impacts for the construction of two road crossings, based on a delineation and Preliminary
Jurisdictional Determination submitted to your office in 2015 and issued August, 2016.
Project Purpose
The purpose of the proposed project is to construct a commercial development consisting of three large
building pads, appurtenant parking and trailer storage space, stormwater control features, and the
internal roadway. This is the only ingress/egress option for the site and will connect to Goodman Road
near the southern border of the property. The two road crossings are necessary to access high ground
in order to maximize the economic return through net usable space. No other impacts are associated
with this project.
Proiect Need
The two stream impacts are necessary in order to access the two large pods of high ground located
centrally within the site, where the commercial buildings will be located. Due to DOT line of sight
requirements and adjacent property owners, the only option for ingress and egress of the site is through
a connection to Goodman Road south of the property.
Project Description
The project consists of the three commercial building pads, their appurtenant parking and trailer storage
facilities, the requisite stormwater control measures, and the aforementioned internal circulation right-
of-way. Coddle Creek, which forms the eastern property boundary, will be left completely undisturbed.
The two unnamed tributaries to Coddle Creek that transect the site will also be left intact, other than
the proposed road crossings of each individual feature. The riparian buffers of all streams will be
allowed to stabilize and re -vegetate with native species.
CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. TAMP HANDY
170 DEW DROP ROAD 41 08 LB RROPST DRIVE
SPARTA, NO 28675 CONOVER, NO 2861 3
336.406.0906 828.302.3437
CHRIS. HDYSMAN@GMAIL.COM JTAMPBANDY@GMAIL.COM
The site will be constructed under an approved Sediment and Erosion Control plan. Extensive use of
retaining walls around the building pads, totaling 900 linear feet, will ensure that all grading and
construction activities not associated with the culvert crossings remain well outside of any regulated
features.
Avoidance and Minimization
The site was carefully designed in order to situate the building pads as to avoid any impacts to Waters of
the US. Many culvert types and design concepts were explored in order to minimize impacts to
regulated features. Initially, precast Con/Span crossings were contemplated in order to avoid impacts
altogether. However, these systems do not meet local drive requirements and as this right of way will
be turned over to the City of Concord, these were not chosen. The use of traditional concrete box
culverts with oversized headwalls was therefore selected for the two necessary crossings, as this
minimizes impacts to the streams.
Mitigation
There are two existing large water tanks, acting as culverts, located on site. Both of these tanks are
perched above the bed elevation of the streams, therefore creating vast plunge pools and creating an
obstacle to aquatic life passage. The applicant proposes to remove these tanks and restore the stream
to previous contours as part of the proposed mitigation for necessary impacts. In addition the applicant
will purchase stream credits from an in -lieu program at a ratio of 1:1 to provide compensatory
mitigation for all impacts to jurisdictional streams associated with the two culvert crossings. No
construction efforts impacting jurisdictional features will begin until receipt of payment for
compensatory mitigation has been received.
Please do not hesitate to let me know if you have any questions regarding this request.
Best regards,
r y
Perry Isner
CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. TAMP BANDY
1 70 DEW DROP ROAD 41 ❑S LB PROPST DRIVE
SPARTA, NC 28675 CONOVER, NC 2561 3
336.406.0906 BZB.302.3437
CHRIS. HUYSMAN@GMAIL.COM UTAMPSANDY@GMAIL.COM
Office Use Only
Corps action ID no
IDWO project no
Form Version 1.4 January 2009 i
► i
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a.
Type(s) of approval sought from the Corps: Ll Section 404 Permit LJ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number
1c.
Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No
i
1d.
Type(s) of approval sought from the DWO (check all that apply):
0 401 Water Quality Certification - Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification - Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record 'i
For the record only for DWO For the record only for Corps Permit: I
because written approval is not required?i
401 Certification:
❑ Yes ❑X No ❑ Yes Q 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 ❑ Yes Q No !
or in -lieu fee program.
1-9 -
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h I ❑Yes Q No
below.
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)? i ❑ Yes Q No
2.
Project Information
r2a.
Name of project: Untz Road Industrial
2b
County-. Cabarrus
2c.
Nearest municipality / town: Kannapolis
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a_Name(s) on Recorded Deed: 1 Donald E Whitaker (Trustee)
3b. Deed Book and Page No. ! 10691 p.0081
3c. Responsible Party (for LLC if
applicable).
3d. Street address: 525 Lake Lynn Road
3e. City, state, zip. ' Concord, NC 28025
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form - Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a Applicant is ❑ Agent ❑ Other specify
4b Name
4c
Business name
(if applicable):
4d
Street address
4e
City, state, zip.
4f
Telephone no
4g
Fax no-:
4h
Email address
5.
AgenVConsultant Information (if applicable)
5a
Name
Perry Isner
5b
Business name
Wetlands & Waters. Inc.
(if applicable)
5c.
Street address.
2 712 Minden Rd. Pleasant Garden
5d
City, state, zip
Pleasant Garden. NC 27313
5e
Telephone no
704773.4239
5f.
Fax no.
5g
Email address:
perry.isner@gmail.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no (tax PIN or parcel ID) 46915291580000
lb Site coordinates (in decimal degrees) Latitude 35.421033 Longitude -80 691127
I c Property size 13731 acres
2. Surface Waters
2a Name of nearest body of water to proposed project: Coddle Creek
2b Water Quality Classification of nearest receiving water C
------------ -- ----- --_------
2c River basin Yadkin Pee -Dee
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
Site consists of agricultural )predominantly cow pasture) with sorr.e woodlands Land Usti ;,i the of agriculture esidential and some
cwrmerciallindustral Site is South of Coddle Creek Reservoir
3b List the total estimated acreage of all existing wetlands on the property 1-23
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property. 5140
3d Explain the purpose of the proposed project
see attached narrative
3e Describe the overall project in detail including the type of equipment to be used
see attached narrative
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the Z Yes El No 0 Unknown
Corps or State been requested or obtained for this property Comments
-project (including all prior phases)in the past?
4b If the Corps made the jurisdictional determination, what type Preliminary ❑ Final
of determination was made?
4c. If yes. who delineated the jurisdictional areas? AgencyConsultant Company W&W Inc
Name (if known) Chris Huysrna,i Other H&B Inc
4d. If yes. list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
AID#: SAW -2015-02486, Issue date: August 11, 2016
. .........
5. Project History
5a Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? El Yes ONo El Unknown
5b If yes, explain in detail according to 'help file- instructions.
6. Future Project Plans
6a Is this a phased project? 0 Yes ❑ No
6b If yes. explain.
Grading and corsnctior of the northern portion )adjacent to Urtz Road i wil begin prier to construction of tre southern twuclirg Construction of the
oad crossings will aiso be completed prior to grad rg and construction of the SOUlherr building
Page 3 of 10
PCN Form - Version 1.4 January 2005
C. Proposed Impacts Inventory
1. Impacts Summary
1^
Culver.
1a. Which sections were completed below for your project (check all that apply)
130
❑ Wetlands ❑X Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
UT to Coddle Creek PER Corps 5
If there are wetland impacts proposed on the site. then complete this question for each wetland area impacted.
S4 T
--- 2d. ---- 2e.
2a. 2b. ---- 2c.
2f.
Wetland impact Type of impact Type of wetland Forested Type of jurisdiction
Area of
number Corps (404,10) or
impact
Permanent (P) or DWO (401, other)
(acres)
Temporary (T)--
�W1 ;Choose one Choose one Yes No
W2 Choose one Choose one Yes'No
3h. Total stream and tributary impacts
W3 Choose one Choose one Yes No
W4 Choose one Choose one Yes'No ---
i
_
W5 Choose one ! Choose one Yes,No
W6 4 Choose one Choose one Yes;No
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
(linear
Temporary (T) j feet
( }
feet)
_ _
— ---. _
S1 P I Culvert UT to Coddle Creek PER Corps 5
130
S2 P
1^
Culver.
UT to Coddle CreeK PER Corps 5
130
S3 T
' Pump around
UT to Coddle Creek PER Corps 5
20
S4 T
Pump around
UT to Coddle Creek PER i Gorps 5
20
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
300
1 Comments
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 individually -list all open water impacts below,
4a 4b 4c 4d 4e
Open water Name of waterbody
impact number (if applicable s Type of ,,mpact Waterbody Area of impact (acres)
Permanent (P) or type
Tem orar T)
01 Choose oqe Ct,ucse
02 Choose ore hoose
03 Choose ore Ctccse
04 Goose ore
4f Total open water impacts
4g Comments
5. Pond or Lake Construction
Ifpond or lake construction proposed, then complete the chart below_— -
5a 5b 5c. 5d 5e
Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland
purpose of pond (acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
5f Total:
59 Comments
5h Is a dam high hazard permit required? [] Yes C1 No If yes. permit ID no
51 Expected pond surface area (acres)
51 Size of pond watershed (acres)
5k. Method of construction
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian
buffer. then complete the chart below If yes. then +nd,viduai!y list all buffer
impacts
below, If any impacts require mitigation-
then you MUST fill out Section D of this form
6a. Project is in which protected basin?
C3 Neuse 0 Tar -Pamlico C3 Catawba 0 Randleman
❑ Other
6b - 6c
6d 6e _._._.6f
6g
Buffer Impact Reason for impact
Stream name Buffer
Zone 1
Zone 2
number -
mitigation
impact
impact
Permanent (P) or
required?
(square
(square
Temporary tT� — - _ . -
-- - - - -- --- - -
-feet) - --
-feet-
B1
Yes No
B2
Yes No
B3
Yes No
B4
Yes No
B5
Yes No
B6
Ves No
6h Total Buffer Impacts:
6i. Comments
Page 5 of 10
D. Impact Justification and Mitigation
I. Avoidance and Minimization
la Specifically describe measures taken to avoid or rr.;nim;ze the proposed impacts in designing project
Sae has been caref.illy desqnea to ir-T impacts to regulated feat -,es by comp ,,i rg tete moress egress poirt ' s to one ccns*,r.ic*,ec1 -ca"ay This road
,nvo vPS PIP crossing of two perennialbot" — 0� W- ct, a '0 11'g.1 cprounc A i ola, strf-a- charrel5 �il havi,4 3 vec:#,-!aled
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Ste veli be constructed under an apprnved sediment erosior cortroi p:an Proposed poured- n-plac,,corc,<� boy culvert w, be Dk',t ir, ti,,E-dry and
offset- cielowthe current stream eievatior This cilveri will tiave oaffes or S,tS loerskrethe cireservalto- ct aqua -c Ye passage and to act as energy
dissipators lljring tigm flow storm events Extensive use o, retaining walls will e-suretha! ^o -;radar r, c:scra,ge wtll
enter reguixet, wettands
2. Compensatory Mitigation for Irin a
__p�cts to Waters of the U.S. or Waters of the State
2a Does the project require Compensatory Mitigation for Yes ❑ No
impacts to Waters of the U S or Waters of the State'?
2b If yes, mitigation is required by (check all that apply)
2c If yes which mitigation option will be used for this
project'.)
3. Complete If Using a Mitigation Bank
3a Name of Mitigation Bank
El DWO (E Corps
0 Mitigation bank
Z Payment to in -lieu fee program
ElPermittee Responsible Mitigation
Type Choose one Quantity
3b Credits Purchased (attach receipt and letter) Type Choose one Quantity
Type Choose one Quantity
3c Comments
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached El Yes
4b Stream mitigation requested 280 linear feet
4c If using stream mitigation, stream temperature Choose one warm
4d Buffer mitigation requested (DWO only; square feet
4e Riparian wetland mitigation requested. acres
4f Non-ripanan 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
8. Buffer Mitigation (State Regulated RipariamBufferRubs)—rmqmirmdbyDWNO
8a Will the project result in an impact within a protected riparian buffer that requires
F� Yeo �� No
buffermiVgahon? ==
hb Uyes, then identify the square feet o(impact toeach zone nfthe riparian buffer that requires mitigation Calculate the
amount nfmitigation required
6c 6d 6e
Zone Reason for impact Total impact xxumpx/e, Required mitigation
(square feet) (square feet)
Zone .
_ _
3 (2 for CatawbaI
�oneZ 16
6f. Total buffer mitigation required:
§g |fbuffer mitigation isrequired. discuss what type cdmitigation ioproposed (ag.payment toprivate 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 identified ❑ Yes Q No
within one of the NC ,
_�Vanan Buffer Protection Rules
------- ------
lb If yes. then is a diffuse flow plan included? If no. explain why
n Yes No
2. Stormwater Management Plan
2a What is the overall percent imperviousness of this project? 17%
..........
2b Does this project require a Stormwater Management Plan? Z Yes 0 No
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:
Project troudes construction of two large sto,rrwaer BMP's, w -ch will adrle,e to Phase it storn,water slanca!ds ard wil Ve under the review of NC
DWR
2e Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a In which local qovemment s jurisdiction is this project*)
3b Which of the following locally -implemented stormwater management programs
apply (check all that apply)
3c Has the approved Stormwater Management Plan with proof of approval been
attached')
— - --- ------- - - ------
4. DWO Stormwater Program Review
4a. Which of the following state -implemented stormwater management programs apply
(check all that apply)�
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
5. DWQ 401 Unit Stormwater Review
5a Does the Stormwater Management Plan meet the appropriate requirements?
5b Have all of the 401 Unit submittal requirements been met?
NC Dvisicn of Water Resources
Gor,cofc
Phase 11
❑ NSW
HUSMP
Water Supply Watershed
❑ Other
El Yes RNo
ElCoastal counties
11HQW
ORW
Session Law 2006-246
[30ther
0 Yes
Q No
[3 Yes
0 No
0 Yes
0 No
Page 8 of 10
PCN Form - Version 1.4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a
Does the project involve an expenditure of public (federal,state!locat) funds or the
Yes QX No
use of public (federal'state) land?
1b
If you answered 'yes' to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
O Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA,SEPAI?
1c
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 t 15A NCAC 2H 0500). Isolated
Wetland Rules (15A NCAC 2H 1300). DWQ Surface Water or Wetland Standards,
❑Yes Q No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after -the -fact permit application?
❑Yes OX No
2c.
If you answered "yes" to one or both of the above questions. provide an explanation of
the violations)
3. Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in Yes QX No
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
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
Protect does not nvolve V e constrjctior• or sanaary sewer
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 or
Q Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes 71 No
impacts?
i
5c. If yes, indicate the USFWS Field Office you have contacted.
i Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural Heritage Program Report
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes Q No
6b. What data sources did you use to determine whether your site would 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
El Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Natural Heritage Program Report
l
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
Q Yes ❑ No
8b. If yes, explain how project meets FEMA requirements;
No impacts or construction are planned within FEMA designated 100 -year floodplain. A vegetated buffer will be left on all streams.
8c. What source(s) did you use to make the floodplain determination?
FEMA's National Flood Hazard layer 1 Cabarrus County GIS
P,0041 -P-> &OL -0
Applicant/Agent's Printed Name
JIApplicanVAgent's Signature
Date
(Agent's signature is valid only it an authorization
letter from the applicant isprovided.)
Page 10 of 10
APPROXIMATE LIMIT
OF GRADING, TYP.
O& Stone
UNTZ ROAD INDUSTRIAL OVERALL SCHEMATIC SITE PLAN
& Stone
Project Na 4386 hsued 01.03.17
>a v r
Stream Impact 1 / GRADING FOR REPRESENTATION OF Stream Impact 2
Culvert Crossing / PROPOSED CULVERT CROSSING AT Culvert Crossing
PROPOSED ROADWAY CROSSING
Permanent - Impact ELEVATION. TYP.
P Permanent Impact -
130linear feet I / 130 linear feet
/ r
Temporary Impact • ( / Temporary impact • /
20 linear feet i 1 TW: 614.00 20 linear feet /
T'N: 6' 1.00 \ I BW: 613.50 IT OF ---•.,(
BW: 616. 00 1 CONSTRUCTION, TYP. r
/ TW: 637,50 TW: 619.00
1W 637 -- '
\ E P p6 pp / BW: 613.00 Bwr 615.00
.5o � / 1
BW: 615.00 / TEMPORARY PUMP AROUND TO BE
UTILIZED DURING CONSTRUCTION.
' P
ANAN' SUMP PIT TO REMAIN WTHIN \
---- LMI 5-0F DISTURBANCE _ _ _DISTURBANCE LIMITS, TYP. \\
TIN, 637" - - --• -' _ \
aW: 615.00 -- / ��--- TW: 639.50 - \
BW: 613.00 _-"`-'---
1PQgR,9LY_ / \ _---- -`---- tW: 637.50 TW 639.50
LIMITSS O TURBANC I \\` BW: 613.00 BW; 613.00 - --
LIMIT OF / 1 \\ TEMPORARY PUMP AROUND
CONSTRUCTION, TYP. \ TO BE UTILIZED DURING /
/ TW: 6'5.00 co STR-TO RE. SUMP PIT //
BW: 614.00 "TO REMAIN WITHIN /
DISTURBANCE L IMITS, TYP,/
TW: 618.00 )
B W 615.00 ( TW: 616.00
BW: 615.00 /
\ 81-6' SIDEWALK TO I
RIGHT-OF-WAY, TYP.
5'-0' CONCRETE SIDEWALK, TYP.
\ 6'-0' PLANTING STRIP, TYP. I I
\� 2'-6' CURB h GUTTER, TYP.
NORTH CULVERT CROSSING - PARTIAL GRADING PLAN
o®
NORTH CULVERT CROSSING - CROSS SECTION
OCofeJenest UNTZ ROAD INDUSTRIAL
& Stone
RCP CULVERT CROSSING
BURIED 1' OF NATURAL
CHANNEL DEPTH
ewe
r®
61+09,66
I
I
I
1
r
-- TW: 615.00
BW 614.00
TW: 639.50
BVN 613.00
TW: 639.50
BW: 613.00
I ( TW: 616.00
BW: 615.00
I
I
8!I6" SIDEWALK TO
RC HT -OF -WAY, TYP,
1((-0" CONCRETE SIDEWALK, TYP.
t-0" PLANTING STRIP, TYP.
2'-6" CURB k GUTTER, TYP.
SOUTH CULVERT CROSSING - PARTIAL GRADING PLAN ewr w
Untz Road Industrial
SAW -2015-02488
November 7, 2016 (Original submittal)
January 3, 2017 (Revised submittal)
Permit Drawings
Sheet 2 of 2
Culvert Crossings - Plan & Cross section
SOUTH CULVERT CROSSING - CROSS SECTION
,,,,VERT CROSSING
BURIED 1' OF NATURAL
CHANNEL DEPTH
ewa v
e®
CULVERT CROSSING - OVERSIZED HEADWALL
Project No. 4386 Issued 12.20.16
�IIOIIIII��III�IIIIf�
i� Ifllltllllt�
��
f�I�IIIIIII�III�IIIIIIIIIIIt
-- TW: 615.00
BW 614.00
TW: 639.50
BVN 613.00
TW: 639.50
BW: 613.00
I ( TW: 616.00
BW: 615.00
I
I
8!I6" SIDEWALK TO
RC HT -OF -WAY, TYP,
1((-0" CONCRETE SIDEWALK, TYP.
t-0" PLANTING STRIP, TYP.
2'-6" CURB k GUTTER, TYP.
SOUTH CULVERT CROSSING - PARTIAL GRADING PLAN ewr w
Untz Road Industrial
SAW -2015-02488
November 7, 2016 (Original submittal)
January 3, 2017 (Revised submittal)
Permit Drawings
Sheet 2 of 2
Culvert Crossings - Plan & Cross section
SOUTH CULVERT CROSSING - CROSS SECTION
,,,,VERT CROSSING
BURIED 1' OF NATURAL
CHANNEL DEPTH
ewa v
e®
CULVERT CROSSING - OVERSIZED HEADWALL
Project No. 4386 Issued 12.20.16
Stream Impact 1 / GRADING FOR REPRESENTATION OF
Stream Impact 2
I
Culvert Crossing / PROPOSED CULVERT CROSSING AT
Culvert Crossing
PROPOSED ROADWAY CROSSING
I
/
Permanent Impact - I ELEVATION, TYP.
Permanent Impact -
I
130 linear feet I
130 linear feet
I
Temporary Impact - /
Temporary Impact
20 linear feet / TW: 614.00
20 linear feet
TW: 615.00
\ BW: 613.50
T OF
BW: 614.00
TW: 617.00
BW: 616.00
CONSTRUCTION, TYP.
/
TW: 639.50
Byk- 613.00
\
'
/ TW: 637.50
TW: 619.00 I I
BW:
/
BW: 613.00
TW: 637.50 E P 70 Opp
615.00
I
P URBANCE
\ /
//
BW 615.00\ / TEMPORARY PUMP AROUND TO BE
36
0'
UM1S aF'.a�
i,
UTILIZED DURING CONSTRUCTION,
l
O,S(URBPNCE
QP TO
OP, n
21 ANA T SUMP PIT TO REMAIN WITHIN
E
---=-LIMI S OF DISTURBANCE Tk1RBANGE-LIMITS, TYP.
TW 637.50-
BW: 615.00
TW: 639.50 \
\ TW: 639.50
/ \
W: 613.00\
BW: 613.00
1 ' M R / \ TW: 637.50
TBW: 639.50
\ \ o
I
CE
LIMITS OF DISTURBANCE \\ BW: 613.00
BW: 613.00
i
I
LIMIT OF// \\
I
TEMPORARY PUMP AROUND �. �/
TO BE UTILIZED DVRIy,G--
TW: 616.00
BW: 615.00
CONSTRUCTION, TYP. / \
/
/ TW: 615.00
CON5THUCTION_5VMIsPIT /
=l'' -70 -REMAIN
/ BW: 614.00
WITHIN
1
�
DISTURBANCE LIMITS, TYP,
TW: 616.00
I
BW: 615.00
TW: 616.00
BW: 615.00
I
\ 8I-6" SIDEWALK TO
'
8 6" SIDEWALK TO
,
RiGHT-OF-WAY, TYP.
\ RIGHT-OF-WAY, TYP.
5�-0" CONCRETE SIDEWALK, TYP.
\ 5'-0" CONCRETE SIDEWALK, TYP.
i
\
I
0" PLANTING STRIP, TYP.
6'-0" PLANTING STRIP, TYP.
\\\
2'-6" CURB & GUTTER, TYP.
2'-6" CURB & GUTTER, TYP,
i
NORTH CULVERT CROSSING - PARTIAL GRADING PLAN ,wi® +�
SOUTH CULVERT
CROSSING
-
PARTIAL GRADING PLAN WALE:®
0 t0' 70' 10'
0 10' 70' e0'
49+01.46
eea
eao
eea
eao
eu
ew
eaa
81210
exo
:tS
a+b
eas
baa -14C
i
i
{
t
t
I
I ColeJenest
& Stone
w'W'
NORTH CULVERT CROSSING - CROSS SECTION
UNTZ ROAD INDUSTRIAL
aa10
a:o
ua
eso
au
ew
aaa
aao
:2110
ete
ao
eo10
o w ell00
RCP CULVERT CROSSING
BURIED 1' OF NATURAL
CHANNEL DEPTH
amuE: J+7a
o®,
61+09.66
eva
eaa
ew
exo
aro
eos
eoo�ea a�
t>o.oa
Iz",roe.er uuin a cwOmorna" �r a�veer
Untz Road Industrial
SAW -2015-02486
November 7, 2016 (Original submittal)
January 3, 2017 (Revised submittal)
Permit Drawings
Sheet 2 of 2
Culvert Crossings - Plan & Cross section
SOUTH CULVERT CROSSING - CROSS SECTION
axo
aba
aao
61010
am
eaa
bw
eJa
bb
eza
axo
am
e+o
eemm
tw +e0
o� ro.r ���VERT CROSSING
BURIED 1' OF NATURAL
CHANNEL DEPTH
actuE: '..W
0+o®
CULVERT CROSSING - OVERSIZED HEADWALL
Project No. 4386 Issued 12.20.16
Untz Road Industrial
SAW -2015-02486
November 7, 2016 (Original
January 3, 2017 (Revised
Permit Drawings
Sheet 1 of 2
Overall Site Plan
ColeJenest
& Stone
Stream Impact 1
I Culvert Crossing --
I li Permanent Impact - —�
I ,
li 130 linear feet
1'I Temporary Impact - !' / I /
f I 20 linear feet /
rr2.'
/
BLDG 2IBLDG 3
241.800
FFE661 FFEF I 273,000 SF
II
i
r pp I /
Al
BMP2
BLDG 1
294.500 SF
665 FFE
BMP1 _� _-
-------- � �
Stream Impact 2
II �\
Culvert Crossing
II` Ji Permanent Impact -
\ 130 linear feet
I
Temporary Impact -
��_ 20 linear feet
A �— APPROXIMATE LIMIT
II
A�,OF GRADING, TYP.
_ I � I� 1� I
1
I I
I
it
III I` 1
I i1
I
1 I I I
I II /L
1 11 I
l'f—_. "_� —w• p" c�»orwn aero
UNTZ ROAD INDUSTRIAL
OVERALL SCHEMATIC SITE PLAN N
SCALE:
Project No. 4386 Issued 01.03.17 J—
0 is, 150. 3W
WWETLANDS
J4 WATERS
Vicinity Map
Site
Roberta Milt
ktarsbu�q
"000 feet t km.
.. _ -V 2016 HERE
Project Name: Untz Road Industrial
Owner / Developer: Donald E Whitaker
City / County: Kannapolis / Cabarrus
Tax PIN(s): 46915291580000,46906900180000,46904956670000(partial)
Coordinates: Scale: Date:
Lat: 35.421033 Long: -80.691127 graphic 08/08/16
pRPW 1 pRPW 3
2
23120 If 1250 If
WL C
WL A `\ 0.20 ac
0.55 ac
WL B-------------
0.48 ac
F
pRPW 2
/ 3,020 If N
WETLANDS
a Y& WATERS
Figure 1: Approximate Depiction
of Waters and Wetlands
Project Name:
"Wetland Sketch provided for illustrative purposes for preliminary planning use only. Not intended
to be relied upon for exact location, dimensions, or orientation. All findings and assessments made
by wetland consultants regarding limits of jurisdiction or permitting requirements are subject to
verification by the US Army Corps of Engineers and other appropriate state and local authorities.
Untz Road Industrial
Owner / Developer: I
Donald E Whitaker
City / County: Kannapolis / Cabarrus I
Tax PIN(s): 46915291580000,46906900180000,46904956670000(partial)
Coordinates: Scale: Date:
Lat: 35.421033 Long: -80.691127 1 nts 1 08/08/16
Property Real ID 02-003 -0036.00
Parcel PIN
46915291580000
Physical Address: 6979 UNTZ RD CONCORD NC 28027 Land Units
137.31
Owner Name 1: WHITAKER DONALD
E TRUSTEE Land Units Type
AC
Owner Name 2:
Calculated Acreage
144.388401
Mailing Address: 3661 RICHWOOD CIR Land Value
2445120
Mail City: KANNAPOLIS
Building Value
121620
Mail State: NC
Assessed Value
317760
Mail Zip: 28081
Market Value
2600880
Cabanas County shall not be held lablefor any errors in the
Map Created By Cabarrus County IT Department
datarepesentedonu:sremrd.This indudesarosof mission.
Data Sources:CabarrusCount Land Records
1:9, 28
commssion, mwernngthe cantentofthe data, and redatwe
y
positional acraaacy of the data- The data snot be construedto
0
0.075 0.15 0.3 R
be a legal dmurrerd. Primary sources from which this data was
Source: Esri Digitarbbe, GeoEye, Earttstar Geogaphlcs. CNES/Anbus
compiled rrust be mrsulted forvenficalion
DS,USDAIbGS.AEX, Gelmapping,Aerogrid, IGNAGP,smsstopo. atdlhe I
i . yT=r .. '. --L1
ofinformabon represented on thismap document.
GIS User Comnunty 0
0.125 0.25 0.5 m
WETLANDS
a Y& WATERS
Figure 2: County GIS
Project Name:
Untz Road Industrial
Owner / Developer:
Donald E Whitaker l I
City / County: Kannapolis / Cabarrus
Tax PIN(s): 46915291580000,46906900180000,46904956670000(partial)
Coordinates: Scale: Date:
Lat: 35.421033 Long: -80.691127 graphic 08/08/16
N 0 0.5 Mi
2000 Ft Map provided by MyTopo.com
f4' 0
Project Name: Untz Road Industrial
WETLANDS Owner / Developer: Donald E Whitaker
8c WATERS city/county: Kannapolis / Cabarrus
Tax PIN(s): 46915291580000,46906900180000,46904956670000(partial)
Figure 3: USGS Topo Quad Coordinates: Scale: Date:
Lat: 35.421033 Long: -80.691127 graphic 08/08/16
r
t¢
, S! a
(Me -H Ch
i
C
.
1
•
r
`
i
N 0 0.5 Mi
2000 Ft Map provided by MyTopo.com
f4' 0
Project Name: Untz Road Industrial
WETLANDS Owner / Developer: Donald E Whitaker
8c WATERS city/county: Kannapolis / Cabarrus
Tax PIN(s): 46915291580000,46906900180000,46904956670000(partial)
Figure 3: USGS Topo Quad Coordinates: Scale: Date:
Lat: 35.421033 Long: -80.691127 graphic 08/08/16
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action I.D.: SAW -2015-02486 County: Cabarrus U.S.G.S. Quad: NC-KANNAPOLIS
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Donald E. Whitaker
Address: 3661 Richwood Circle Kannapolis, North Carolina 28081
Telephone No.:
Property description:
Size (acres): 140 acres
Nearest Town: Concord
Nearest Waterway: Coddle Creek River Basin: Pee Dee
Coordinates: 35.4203959, -80.692022 Hydrologic Unit Code: 03040105
Location Description: The site is located at 6979 Untz Rd. Concord, NC Cabarrus County
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information, there may be waters and wetlands on the above described 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 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 and wetlands on the above described 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 and wetlands on your 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 and wetlands on your property have been delineated and the delineation has been verified by the Corps. 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 and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . 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 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.
Action Id.: SAW -2015-02486
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 S 131 1). If you have any questions regarding this
determination and/or the Corps regulatory program. please contact William Elliott at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the 1987 Caps of Engineers Wetland Delineation Manual and the Interim
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These
wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to Coddle Creek which flows into the Pee Dee River.
D. Remarks: Jurisdictional "Waters of the US" have been identified on this property as depicted
by submitted Jurisdictional Request Package on file.
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)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a 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 S W, Room 1 OM 15
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 within 60 days of the issue date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
con: espondence.* * /
Corps Regulatory Official: William Elliott /2t/
Issue Date: August 11, 2016 Expiration Date: August 10, 2021
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 our website at http://pert.nwp.usace.ariny.mil/survey.htmi
to complete the survey online.
CF: Chris Huysman, 170 Dew Drop Road, Sparta, NC 28675
2
DIRECTION 35.42184% ACCURACY 5 m ■ "' DIRE(
141 d¢ .Ta Be.69512'W DATUM WG584 89 de
N
,%,_35.42165'N ACCURACY 5 m
s%�:69512'w DATUM WG584
P"c �t�t
a -a t
A
tank.1 2016-09-08 tank 1 2016-09-88
Untz Industrial 58ft 16:31:47-84:00 Untz Industrial 50 ft 16:32:25--04:00
OiiB:Cfi
CU
ON 35.42164"N ACRACY 5 m
252 deg(TI 80.69482 '.ti DATU'O Wr-584
ZT...•
Existing
Water
Tanks
, PM I
f
r
Untz Industrial tagk 1 2016-09-08
58 ett 16: :31-04:00
DIRECTION 35.41865`N ACCURAC! 5 M ACCURACY 5 m
201 deq(T) 90. i"W .; DATUM WG S84 288 de (T; �t,..t 3°W DATUM WG584
9 t ��
r «
Untz Industrial_ 281609-08Untz Inc—'_nn 2016-09-08�_
; tank 2
August 11, 2016
Perry Isner
Wetlands & Waters, Inc.
2712 Minden Rd.
Pleasant Garden, NC 27313
RE: Untz Road Industrial Assemblage
Dear Perry Isner:
PAT McCRORY
Governor
SUSAN KLUTTZ
Secrerars
NCNHDE-2044
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates that there are
no records for rare species, important natural communities, natural areas, or conservation/managed areas
within the proposed project boundary. Please note that although there may be no documentation of natural
heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have
been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists.
In the event that rare species are found within the project area, please contact the NCNHP so that we may
update our records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been
documented within a one -mile radius of the property boundary. The proximity of these records suggests that
these natural heritage elements may potentially be present in the project area if suitable habitat exists and is
included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the
project area, if any, are also included in this report.
Please note that natural heritage element data are maintained for the purposes of conservation planning, project
review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions.
Information provided by the NCNHP database may not be published without prior written notification to the
NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP
data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature
Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement,
or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance, please
contact Suzanne Mason at suzanne.mason(a)ncdcr.aov or 919.707.8637.
Sincerely,
NC Natural Heritage Program
'Nothing Compares
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Coddle Creek Reservoir Rare Plant Sites R5 (General) C5 (General)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Owner Type
Cabarrus County Open Space Cabarrus County: multiple local government Local Government
NC Department of Transportation Mitigation Site NC Department of Transportation State
NC Division of Mitigation Services Easement NC DECD, Division of Mitigation Services State
Definitions and an explanation of status designations and codes can be found at https�/ ocohde natureserye oralcontent/helo. Data query generated on August 11, 2016; source: NCNHP, Q2 June 2016. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3
Untz Road Industrial Assemblage
August 11, 2016
NCNHDE-2044
Element Occurrences Documented Within a One -mile Radius of the
Project Area
Taxonomic
EO ID
Scientific Name Common Name
Last
Element
Accuracy
Federal
State
Global
State
Group
Observation Occurrence
Status
Status
Rank
Rank
Date
Rank
Butterfly
32085
Pontia protodice Checkered White
2003-11-02
BC
3 -Medium
---
Significantly
G4
S1 S2
Rare
Freshwater Fish
8430
Etheostoma collis Carolina Darter
1995-03-26
E
3 -Medium
Species of
Special
G3
S3
Concern
Concern
Vascular Plant
11779
Desmodium sessilifolium Sessile Tick -trefoil
1951-08-28
X?
3 -Medium
---
Special
G5
SH
Concern
Historical
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Coddle Creek Reservoir Rare Plant Sites R5 (General) C5 (General)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Owner Type
Cabarrus County Open Space Cabarrus County: multiple local government Local Government
NC Department of Transportation Mitigation Site NC Department of Transportation State
NC Division of Mitigation Services Easement NC DECD, Division of Mitigation Services State
Definitions and an explanation of status designations and codes can be found at https�/ ocohde natureserye oralcontent/helo. Data query generated on August 11, 2016; source: NCNHP, Q2 June 2016. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3
NCNHDE-2044: Untz Road Industrial Assemblage
August 11, 2016
Project Boundary
Buffered Project Boundary
NHP Natural Area (NHNA)
Managed Area (MAREA)
Page 3 of 3
1:27,845
0 0.225 0.45 0.9 mi
0 0.375 0.75 1.5 km
SourcesEsd, HERE. DeLorme Intermapin rn-t P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Ear. Japan,
MET[, Esd Chine (Hong Kong), sw topo, Map"/India, C OpenStreetMap
conhrbuti and the GIS user Community
Mitigation Services
ENVIRONMENTAL OVALITY
Donald Whitaker
Ronald Gold Overcash Trust
525 Lake Lynn Road
Concord, NC 28025
Project: Untz Road Industrial
PAT MCCRORY
DONALD R VAN DER VAART
November 8, 2016
Expiration of Acceptance: June 8, 2017
County: Cabarrus
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the
table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation
program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility
of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must
also comply with all other state, federal or local government permits, regulations or authorizations associated with
the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 CertificationlCAMA permit within this time frame, this
acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and
payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an
applicant is calculated based upon the Fee Schedule and policies listed at http://portal.ncdenr.org/web/eep.
Based on the information supplied by you in your request to use the DMS, the impacts that may require
compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned
to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below.
Impact
River
Basin
—
CU Location
(8 -digit HUC)
---
Stream (feet)
--- — — --
Wetlands (acres) Buffer I Buffer II
(Sq. Ft.) (Sq. Ft.)
---
Cold
—
Cool
—
Warm
--
Ri avian
----
Non-Ri arian
Coastal Marsh
Yadkin
03040105
0
0
280
0
- 0
0 0 0
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation
will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC
02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any
questions or need additional information, please contact Kelly Williams at (919) 707-8915.
cc: Perry Isner- agent
Sincerely,
Jame§. B tanfill
Asset _ agement Supervisor
State of North Carolina Environmental Quality Mitigation Services
1652 Mail Service Center , Raleigh. NC 27699-1652 ' 217 W. Jones Street, Suite 3000
919 707 8976 T
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
November 30, 2016
Mr. Perry Isner
Wetlands & Waters, Inc.
2712 Minden Road
Pleasant Garden, North Carolina 27313
Dear Mr. Isner:
Subject: Untz Road Industrial Development Project; Forsyth County, North Carolina
Log No. 4-2-17-067
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated November 1, 2016, wherein you request our comments regarding potential
impacts to federally protected species that may arise from the proposed project referenced above.
We submit the following comments in accordance with the provisions of the Fish and Wildlife
Coordination Act, as amended (16 U.S.C. 661-667e); 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).
Project Description
According to the information provided, you are preparing permit applications to install two
industrial building pads and two stream crossings on a 150 acre tract west of Concord, North
Carolina. However, no specific project plans were included in your correspondence and there
was no description of proposed impacts to jurisdictional features. You indicated that the project
area is currently dominated by agricultural lands and mixed mesic woodlands along Coddle
Creek and its tributaries.
Federally Listed Endangered and Threatened Species
According to the information provided, you observed suitable summer roosting habitat for the
federally threatened northern long-eared bat (Myotis septentrionalis) within the project area.
However, the final 4(d) rule (effective as of February 16, 2016), exempts incidental take of
northern long-eared bat associated with activities that occur greater than 0.25 miles from a
known hibernation site, and greater than 150 feet from a known, occupied maternity roost during
the pup season (June 1 — July 31). Based on the information provided, the project (which may
require tree clearing) would occur at a location where any incidental take that may result from
associated activities is exempt under the 4(d) rule.
The Service has record of no other federally protected species in the project area. Therefore, we
consider the requirements under the Act to be complete and require no further action at this time.
Please be aware that 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 offer the following recommendations in the interest of protecting fish, wildlife, and other
natural resources.
Stream Crossings
Bridges or spanning structures should be used for all permanent roadway crossings of streams
and associated wetlands. Structures should span the channel and the floodplain in order to
minimize impacts to aquatic resources, allow for the movement of aquatic and terrestrial
organisms, and eliminate the need to place fill in streams and floodplains.
Bridges should be designed and constructed so that no piers or bents are placed in the stream,
approaches and abutments do not constrict the stream channel, and the crossing is perpendicular
to the stream. Spanning some or all of the floodplain allows the stream to access its floodplain
and dissipate energy during high flows and also provides for terrestrial wildlife passage. When
bank stabilization is necessary, we recommend that the use of riprap be minimized and that a
riprap-free buffer zone be maintained under the bridge to allow for wildlife movement. If fill in
the floodplain is necessary, floodplain culverts should be added through the fill to allow the
stream access to the floodplain during high flows.
If bridges are not possible and culverts are the only option, we suggest using bottomless culverts.
Bottomless culverts preserve the natural stream substrate, create less disturbance during
construction and provide a more natural post -construction channel. Culverts should be
sufficiently sized to mimic natural stream functions and habitats located at the crossing site;
allow for water depth, volume (flow), and velocity levels that will permit aquatic organism
passage; and accommodate the movement of debris and bed material during bank -full events.
Widening the stream channel must be avoided.
In the event that a traditional culvert is the only option, the culvert design should provide for a
minimum water depth in the structure during low-flow/dry periods. Sufficient water depth
should be maintained in all flow regimes so as to accommodate both the upstream and
downstream movement of aquatic species. Water depth inside the culvert must be adequate for
fish to be completely immersed and all other aquatic life to move freely. The culvert should be
designed and installed at the same slope as the stream grade to maintain an acceptable water
velocity for aquatic life passage and for stream substrate characteristics to be retained within the
culvert.
Where feasible, we recommend the use of multiple barrels, in addition to the low -flow barrel, to
accommodate flood flows. Floodplain barrels should be placed on or near stream bank -full or
floodplain bench elevation and discharge onto floodplain benches. Where appropriate, install
2
sills on the upstream end of floodplain barrels to restrict or divert the base stream flow to a single
barrel. If the culvert is longer than 40 linear feet, alternating or notched baffles should be
installed in a manner that mimics the existing stream pattern. This will enhance the passage of
aquatic life by: (1) depositing and retaining sediment in the barrel, (2) maintaining channel
depth and flow regimes, and (3) providing resting places for fish and other aquatic organisms.
Erosion and Sedimentation Control
Construction activities near streams, rivers, and lakes have the potential to cause water pollution
and stream degradation if measures to control site runoff are not properly installed and
maintained. In order to effectively reduce erosion and sedimentation impacts, Best Management
Practices specific to the extent and type of construction should be designed and installed during
land -disturbing activities and maintained until the project is complete and appropriate storm
water conveyances and vegetation are re-established on-site.
A complete design manual, which provides extensive details and procedures for developing
site-specific plans to control erosion and sediment and is consistent with the requirements of the
North Carolina Sedimentation and Pollution Control Act and Administrative Rules, is available
at http://portal.ncdenr.org/web/lr/publications. Additional resources can be found at
http://www.ncdot.gov/doh/operations/dp_chief eng/roadside/fieldops/downloads/
For maximum benefits to water quality and bank stabilization, riparian areas should be forested
but if maintained in grass, should not be mowed. We recommend planting disturbed areas with
native riparian species. The U.S. Fish and Wildlife Service can provide information on potential
sources of plant material upon request.
Floodplains
Executive Order 11988 requires federal agencies (and their designated nonfederal
representatives) to consider and protect floodplain functions. We believe the examples of
flooding in this area of North Carolina highlight the importance of avoiding the long- and
short-term impacts associated with the occupancy and modification of floodplains and that we
should avoid any direct or indirect support of floodplain development. Therefore, we do not
believe the subject project should be built in the 100 -year floodplain or in any way result in the
alteration of the 100 -year floodplain.
Stream 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.
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.
Impervious Surfaces/Low Impact Development (LID)
In addition to the increased storm -water flows caused by the lack of or loss of riparian buffers
and any floodplain development, increased development outside the floodplain will also
contribute to the quantity and quality of storm water entering project area waterways. 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. Additionally,
these 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 potentially catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we
recommend that all new 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.
'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government).
Published October 1998, Revised August 2001. 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.
4
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 residential 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.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-17-067.
Sincerely,
- - original signed - -
Janet A. Mizzi
Field Supervisor
'We recommend visiting the Environmental Protection Agency's Web site(http:/fit ww.epa..eov/pollitted-runoll
nonpoint-source pollution/urban-iunolf-low-impact-development) for additional information and fact sheets
regarding the implementation of low -impact -development techniques.
5