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HomeMy WebLinkAbout20181232 Ver 1_401 Application_20180905Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 9/5/2018 12:47:41 PM (Start Event) Accept by Montalvo, Sheri A 9/7/2018 10:12:28 AM (Non DOT Initial Review) The task was assigned to Montalvo, Sheri A. The due date is: September 10, 2018 5:00 PM 9/5/2018 12:49 PM DWR Division of water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govMaterResources/0/edocl6247041PCN%20Help%20File%202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Mecklenburg Is this project a public transportation project?* f Yes f• No This is any publicly funded by nunicipal,state or federal funds road, rail, airport transportation project. 1a. Type (s) of approval sought from the Corps:* V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* IJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits. All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form. Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Number Other: List all IWV nurrbers you are applying for not on the drop down list. 1c. Type(s) of approval sought from the DWR:* check all that apply IJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express F Non -404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit * 1d. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: r Yes C No For the record only for Corps Permit: C Yes O No 1e. 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 f Yes C No 1f. Is the project located in anyof NC's twentycoastal counties?* r Yes C No 1h. Is the project located in a designated trout watershed?* t' Yes f• No Link to trout information: http://vmw.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Michael A. lagnocco, PWS 1b. Primary Contact Email:* michael.iagnocco@stvinc.com 1c. Primary Contact Phone:* (XXX)XXX-XXXX (704)372-1885 1d. Who is applying for the permit? V Owner r Applicant (other than owner) rJ Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: Westinghouse Real Estate Development, LLC 2b. Deed book and page no.: 2c. Responsible party: (for Corporations) Marshall Gilchrist 2d. Address Street Address 16416 Twin Coves Drive Address Line 2 City Huntersville Fbstal / Zip Code 28078 2e. Telephone Number: (XXX)XXX-XXXX (704)534-0584 2f. Fax Number: (XXX)XXX-)O= 2g. Email Address:* gilchps@cs.com 4. Agent/Consultant (if applicable) 4a. Name: State/ Province/ Fbgion NC Country USA Michael A. lagnocco, PWS 4b. Business Name: (if applicable) STV Engineers, Inc. 4c. Address Street Address 900 West Trade Street Address Line 2 Suite 715 City Charlotte Rbstal / Zip Code 28202-1144 4d. Telephone Number: (704)372-1885 (xxx)xxx-xxxx 4e. Fax Number: (704)372-3393 (xxx)xxx-xxxx 4f. Email Address:* michael.iagnocco@stvinc.com Agent Authorization Letter* Rease provide the Agent Authorization Letter if you are sulxritting this docunent. Gilchrist Agent Auth Form STV executed.pdf RLE TYPE KA -ST BE RDF ................................................. State / Province / Fbegion NC Country USA 33.55KB C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Westinghouse Logistics Park South 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town:* Charlotte 1d. Driving directions* f it is a new project and can not easily be found in a GPS rrapping system Rease provide directions. From 1-485 take NC 160 (Steele Creek Road) south to Sam Neely Road and turn left to the east. The project area is located at the end of Sam Neely Road, west of the Norfolk Southern Railway. 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 20141101 2b. Property size: (in acres) 76 2c. Project Address Street Address Address Line 2 Sam Neely Road City State/ Province/ Region Charlotte NC Postal / Zip Code Country 28273 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.126972 -80.970396 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Unnamed tributary to Steele Creek 3b. Water Resources Classification of nearest receiving water:* C Surface Water Lookup 3c. What river basin(s) is your project located in?* Catawba River Basin Lookup 4. Project Description 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Existing conditions include undeveloped forest and scrub/shrub vegetation, and the disturbed/maintained right-of- way around the Norfolk Southern Railway and Sam Neely Road Brownfield property (See Supplemental Information). Surrounding land use is industrial and residential. 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) nick the upload button or drag and drop files here to attach docurrent Figure2_ST_USGS_ePCN.pdf 809.83KB File type mast be pdf 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) nick the upload button or drag and drop files here to attach document Figure3_ST_Soils_ePCN.pdf 2.72MB File type mast be pdf 4d. List the total estimated acreage of all existing wetlands on the property: 1.08 4e. List the total estimated linear feet of all existing streams on the property: (intern ittent and perennial) 1,255 4f. Explain the purpose of the proposed project:* The purpose of the project is to provide industrial business park facilities. This is a Brownfield redevelopment that will follow the attached "Environmental Management Plan" prepared by Hart and Hickman as required by the attached "Notice of Brownfields Property" (See Miscellaneous). 4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The construction of the industrial facilities will require the clearing and grading of the site for the building and detention ponds. The crossing of perennial RPW Stream A is required to access the upland area for the employee parking lot and to provide borrow material for fill and the area for processing the borrow material into structural material. A sanitary sewer line will be relocated and will also cross perennial RPW Stream A (See Supplemental Information). 4h. Please upload project drawings for the proposed project. Click the upload button or drag and drop files here to attach docurrent Stream Impact Exhibits.pdf 1.91 MB File type mist be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* F Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Unknown r N/A Corps AID Number: Exanple: SAV %2017-99999 SAW -2016-02435 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Brandon Phillips, CHMM STV Engineers, Inc. 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW -2016-02435 issued on December 13, 2017. 5d1. Jurisdictional determination upload Click the upload button or drag and drop files here to attach docunent Gilchrist Southern Tract Approved JD SAW -2016-02435 (signed AJD).pdf 718.3KB File type mist be RDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* f Yes f• No f Unknown 7. Future Project Plans 7a. Is this a phased project?* f Yes C No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): rJ Wetlands rJ Streams -tributaries ❑ Buffers F Open Waters r Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Site # - Reason for impact* 2b. Impact type * 2c. Type of wetland * 2d. Wetland name *2e. 2f. Type of 2g. Impact Forested* Jurisdicition* area* W1 - Hand clearing T Bottomland Hardwood Wetland C Yes Both 0.036 vegetation Permanent (P) or Forest (404, 10) or DhR(401, (acres) NI3p label (e.g. Poad Grossing 1 - Calvert, Tenporary (T) other) dewatering, etc) 2g. Total Temporary Wetland Impact 0.036 2g. Total Permanent Wetland Impact 0.000 2g. Total Wetland Impact 0.036 2h. Comments: Temporary impacts to Wetland C will result from the hand clearing of vegetation for the installation of a retaining wall around the proposed building. 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. Reason for impact*3b.lmpact 3c. Type of impact*3d. Stream name* 3e. Stream 3f. Type of 3g. Stream 3h. Impact type* Type* Jurisdiction* width* length* S1 Road Crossing P Culvert RPW Stream A Perennial Both 8 108 N/bp label (e.g. Fbad Grossing Fbrrranent (P) or Perennial (FHS or Average (linear feet) 1) Temporary (T) intermttent (INT) (feet) S2 Utility Crossing T Dewatering RPW Stream A Perennial Both rvbp label (e.g. Road Grossing Permanent (F) or Perennial (FBS or 1) Temporary (T) internittent (INT) All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 108 3i. Total temporarystream impacts: 20 3i. Total stream and tributary impacts: 128 3j. Comments: The road crossing of RPW Stream A is necessary to access uplands of the site for employee parking and as a borrow area and processing area to process soils into structural material. Temporary impacts to RPW Stream A will result from dewatering a portion of the stream and an open cut sanitary sewer line installation, and will be restored to original conditions upon completion of the sanitary sewer line installation. 8 20 1 Average (linear feet) 6 (feet) n E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* Impacts to the stream and wetlands of the site have been minimized by reducing the size of the building footprint, designing the stormwater conveyance and treatment system to avoid stream and wetland impacts, hand clearing wetland vegetation and the installation of a retaining wall around the building (See Supplemental Information). 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* The construction of the building and water quality basin will be done from the uplands to avoid permanent wetland impacts. The area of the sanitary sewer crossing of the stream will be restored to original contours after installation. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes G No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent wetland impacts have been avoided and permanent stream impacts have been minimized to the mabmum extent practicable and are less than 150 linear feet. F. Stormwater Management and Diffuse Flow Plan (required by DWR) — Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? f Yes C No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: Project is located in the Catawba River basin, but is not located on the main stem of the Catawba River which has protected riparian buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* f Yes f• No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* r Yes r No To look up low density requirement click here 15A NCAC 02H.1003(2). 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state - approved local government stormwater program?* F Yes r No Fant: projects that have vested rights, exerrptions, or grandfathering from state or locally irrplenented storrrwater prograrrs or projects that satisfy state or locally-irrplenented storrrwater prograrrs through use of corrrrunity in -lieu prograns should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):* IJ Local Government F State Local Government Stormwater Programs* rJ Phase II r NSW F USMP r Water Supply Please identifywhich local government stormwater program you are using.* Charlotte -Mecklenburg Storm Water Services G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * f Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)? * f Yes r No 2b. Is this an after -the -fact permit application?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* f Yes r No 3b. If you answered "no," provide a short narrative description. Project site is located at the end of Sam Neely Road and has no outlet to other development sites. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The sewage generated by the two proposed buildings will be piped to the McAlpine Wastewater Treatment Plant (NPDES Permit # NC0024970) operated by Charlotte Water. Two "Willingness to Serve" letters from Charlotte Water for the proposed Westinghouse Logistics Park South are attached under Miscellaneous. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? * r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* t' Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8?* f Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? f Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?* f Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCNHP database, USFWS IPaC website and site specific surveys. Biological Conclusions are attached as Supplemental Information. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NOAA EFH mapper. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? f Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? State Historic Preservation Office Historic Properties Map. 7c. Historic or Prehistoric Information Upload Cick the upload button or drag and drop files here to attach docurrent File rrust be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* f Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA FIRM mapping Miscellaneous Miscellaneous attachments not previously requested. Click the upload button or drag and drop files here to attach docurrent 180531 g Westinghouse Logistics Park South -240K Building McAlpine Creek WWTP 48.38KB WTSLetter.pdf 180531gb Westinghouse Logistics Park South -700K Building McAlpine Creek WWTP 48.41 KB WTSLetter.pdf DRAFT AquAir II EMP (BPN 18038-14-060) 8.17.18.pdf 11.73MB Final Recorded BFA.pdf 6.93MB T&E Supplemental info for Gilchrist South PCN Form.pdf 121.03KB File must be RDF or KNE Signature V By checking the box and signing below, I certify that: ■ I have given true, accurate, and complete information on this form; ■ I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND ■ I intend to electronically sign and submit the PCN form. Full Name:* Michael A. Iagnocco, PWS Signature Date Submitted: 9/5/2018 Initial Review Is this project a public transportation project? * (? f Yes r No Change only if needed. Has this project met the requirements for acceptance in to the review process?* r Yes f No BIMS # Assigned 20181232 Version#* 1 Reviewing Office* Mooresville Regional Office - (704) 663-1699 Select Project Reviewer* Alan Johnson:eads\adjohnson1 Is a payment required for this project?* r No payment required f Fee received f Fee needed - send electronic notification