20231576 Ver 1_ePCN Application_20231116

i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
9/12/2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20231576
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Mooresville Regional Office - [phone]
Andrew Pitner:andrew.pitner
Information for Initial Review
1a. Name of project:
Hanging Moss Trail Culvert Replacement
1a. Who is the Primary Contact?*
Jamod Karl
1b. Primary Contact Email: *
[e-mail]
Date Submitted
11/16/2023
Nearest Body of Water
Unnamed Tributary to Duck Creek
Basin
Yadkin-PeeDee
Water Classification
Class C
Site Coordinates
Latitude:
35.17421
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
Yes No
Longitude:
-80.59961
1c. Primary Contact Phone: *
[phone]
O

Is this project a public transportation project?*
Yes No
1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Christopher J. Olenik and Alaina Olenik
2b. Deed book and page no.:
DB: 32597, Pg:78
2c. Contact Person:

2d. Address
Street Address
10621 Hanging Moss Trl
Address Line 2
City
Mint Hill
Postal / Zip Code
28227
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
2a. Name(s) on recorded deed:
Michael Lee Gray Jr. and Shannon Lee Ann Gray
2b. Deed book and page no.:
DB:34286,Pg:361
2c. Contact Person:
2d. Address
Street Address
8200 Quarters Ln
Address Line 2
City
Mint Hill
Postal / Zip Code
28227
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
2a. Name(s) on recorded deed:
Allen C. Bellamy Jr. and Linda W. Bellamy
2b. Deed book and page no.:
DB: 5867, Pg: 965
2c. Contact Person:
2d. Address
Street Address
10610 Hanging Moss TO
Address Line 2
city
Mint Hill
Postal / Zip Code
28227
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
2a. Name(s) on recorded deed:
Jeramie Abbitt and Veronica Abbitt
2b. Deed book and page no.:
DB: 35264, Pg: 706
2c. Contact Person:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:

2d. Address
Street Address
10600 Hanging Moss Trl
Address Line 2
city
Mint Hill
Postal / Zip Code
28227
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Steve Frey
3b. Business Name:
Town of Mint Hill
3c.Address
Street Address
4430 Mint Hill Village Lane
Address Line 2
city
Mint Hill
Postal / Zip Code
28227
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jarrod Karl
4b. Business Name:
Hazen and Sawyer
4c.Address
Street Address
9101 Southern Pine Blvd
Address Line 2
Suite 250
City
Charlotte
Postal / Zip Code
28273
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Proiect Information and Prior Proiect History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town
Mint Hill
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2. Project Identification

2a. Property Identification Number:
2b. Property size:
2c. Project Address
Street Address
Hanging Moss Trail
Address Line 2
city
Mint Hill
Postal / Zip Code
28227
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Unnamed Tributary to Duck Creek
3b. Water Resources Classification of nearest receiving water:'
Class C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050701
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The proposed project is located approximately 120 feet south of the Hanging Moss Trail/Quarters Lane intersection. Current site conditions consist of an existing double barrel culvert
conveying a perennial Unnamed Tributary to Duck Creek, partially -wooded upland buffer, maintained residential landscaping, and mowed roadway right-of-way. Portions of the stream
banks adjacent to the culvert are stabilized with rip rap. The land use within the vicinity of the project is low density single-family residential. There are permanent drainage easements
adjacent to the Unnamed Tributary, a public roadway right-of-way adjacent to Hanging Moss Trail, and a sanitary sewer right-of-way south of the culvert.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0 acres
4g. List the total estimated linear feet of all existing streams on the property:
250
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to replace an existing culvert showing signs of structural failure, including a corroded/missing bottom (in places), scour, and headwall damage.
Hanging Moss Trail is the sole roadway for emergency vehicles to reach approximately 175 single-family residences. The existing culvert begins to overtop and flood Hanging Moss Trail
during 100-year storm events or greater. Replacing the culvert will reduce the risk of flooding and protect public safety by ensuring safe passage of emergency vehicles.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The Hanging Moss Trail culvert is located within the Ashe Plantation subdivision, near 10,600 and 10,610 Hanging Moss Trail, approximately 120 feet south of the Hanging Moss
Trail/Quarters Lane intersection. The existing culvert is a 92-foot-long double barrel 114-inch by 72-inch corrugated metal arch pipe. The proposed replacement is 128 linear feet of dual 8-
foot by 6-foot reinforced concrete box culverts. The design will lengthen the existing culvert by approximately 36 feet. A baffle will be installed within the culvert to promote aquatic life
passage during low flow conditions. The culvert bottom will be constructed with 1 vertical foot of native soil in the culvert bottom to create a natural stream bed. The project will result in
minor deviations from the existing culvert configuration to allow construction of the culvert to current standards and result in impacts to the stream and Goose Creek buffers.
Stream Impacts:
• The Unnamed Tributary to Duck Creek is a perennial stream draining less than one square mile. An NCDWR stream classification form was not prepared due to its distinct perennial flow
regime. Approximately 187 linear feet of impacts to Reach R1 (UT to Duck Creek) are proposed. The impacts are related to upgrades to the culvert and extension to meet safety
standards, bank grading to tie in the new culvert to existing conditions, and temporary dewatering for erosion and sediment control during construction. Stabilization of the stream bank will
be achieved by using biodegradable coir fiber erosion control matting, a native seed mix, and native woody vegetation. Matting will not include plastic mesh.
Goose Creek Buffer Impacts:
• The project is located within the Goose Creek watershed and subject to the Goose Creek Buffer Rules. A 100-foot buffer applies to the project area. Hazen contacted Mecklenburg
County to determine the appropriate review process for buffer impacts. Because the culvert replacement is not being evaluated through the Mint Hill/Mecklenburg County land
development review, Mecklenburg County staff recommended submitting a PCN for NCDWR review.
• The proposed project area is located within the Goose Creek Riparian Buffer. Approximately 5,195 square feet (0.12 acres) of regulatory buffer are proposed to be impacted, including
approximately 3,525 square feet temporary impacts and 1,670 square feet or permanent impacts. Existing and ongoing uses (e.g., sanitary sewer easement, mowed grass) were excluded
from the calculation of impacts. Permanent buffer impacts include the area impacted by the culvert extension and wing walls; and the portion of the buffer proposed for conversion to
stream channel. Temporary buffer impacts include grading and bank stabilization outside the culvert envelope that will be restored to forested conditions. A small 143 square foot area of
buffer will be created in an area that is currently part of the stream.
Erosion and Sediment Control:
• Temporary erosion and sediment control measures proposed for this site include silt fence, tree protection fence, rock ditch check, and silt bags. The proposed work area will be
dewatered with an impervious dike and a gravity -fed bypass pipe system to minimize downstream sedimentation and to create dry working conditions. Dewatering will be through a
geotextile filter bag. Dewatering systems and all temporary erosion and sediment control measures will be removed, and disturbed areas restored, after completion of the work.
Construction Equipment:
• Anticipated construction equipment to be used includes tracked excavators, dump trucks, a crane, compaction equipment, skid steer loaders, wheeled backhoes and loaders, dewatering
pumps, hand tools and similar equipment used to construct storm drainage infrastructure improvements.
5. Jurisdictional Determinations

5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
No wetlands present, stream is clearly perennial
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
None
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jarred Karl
Agency/Consultant Company: Hazen and Sawyer
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes 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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
[1�
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
Jurisdiction *
length
g1
Culvert replacement
Permanent
Culvert
Reach R1
Perennial
Both
10
35
Averege (feet)
(linear feet)
S2
Erosion Control
Temporary
Rip Rap Fill
Reach R1
Perennial
Both
10
13
Average (feet)
(linear feet)
S3
Channel Reshaping
Permanent
Bank Stabilization
Reach R1
Perennial
Both
10
138
Averege ((eeQ
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
173 13
31. Total stream and ditch impacts:
186
3j. Comments:
Column 3h. does not include overlapping impacts and only counts the linear feet of temporary and permanent impacts once.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
11
6c. Per or Temp
6d. Stream name 11
Be.Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Perpendicular Stream Crossing - Allowable
Upon Authorization
f
Reach R1
No
1,670
0

Perpendicular Stream Crossing - Deemed ::JT Reach R1 No 3,525 0
Allowable Upon Authorization
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 3,525.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 1,670.00 0.00
Zone 1 Zone 2
Total combined buffer impacts: 5,195.00 0.00
6i. Comments:
Hazen contacted Charlotte -Mecklenburg Storm Water Services to determine the approval process for the buffer impacts. Because the culvert
replacement does not require land development approval, CMSWS recommended submitting a joint permit application to NCDWR for the buffer impacts
The square footage of permanent impacts includes the area of buffer impacted by the culvert extension and grading that will result in maintained
landscaping or turtgrass. Temporary grading impacts include areas of buffer that will be revegetated with native plants and restored to undisturbed
conditions.
Reconfiguration of the culvert will result in creation of a small 143 square foot area of new buffer downstream of the road crossing. The new area is
shown on the buffer impact figure in purple.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The only way to avoid the proposed impacts is with a no -build alternative. The no -build alternative does not meet the project goals of replacing the
deteriorating culvert and preserving emergency access for residents; therefore, the no -build alternative was eliminated from consideration. Measures
were taken to minimize the impact of the proposed culvert replacement. The existing culvert was replaced with dual box culverts and constructed with a
natural bottom using native soil. The dual box culverts are designed with an attached baffle that promotes aquatic life passage by increasing depth of
water during low flow conditions. Revegetation of disturbed buffer areas is proposed, where possible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction impacts to the stream will be avoided by limiting construction activities and equipment to the upland buffer. A crane placed in the upland
buffer will be utilized to remove the existing culvert and to place the new culvert. A bypass system will route clean water around the work area, and a
dewatering system will be used to filter sediment from work areas during construction and to minimize downstream sedimentation. Equipment leaking
fuel, hydraulic oil, or other fluids will not be allowed to work within jurisdictional areas. All construction activities will use best management practices for
erosion and sediment control.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The culvert replacement will only result in minor deviations to the existing culvert configuration. Due to the limited nature of impacts, no mitigation is proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
a
8

2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
No new impervious surface will be created.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments:*
The project is not federally funded and does not meet the requirements for SEPA documentation.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed project is a replacement of an existing culvert, and no new development is anticipated.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
North Carolina Natural Heritage Program Element Occurrence shapefiles
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper

7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? "
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
State Historic Preservation Office HPOWEB 2.0
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?"
Yes No
8c. What source(s) did you use to make the floodplain determination?"
Flood Insurance Rate Map #3710552200L, revised February 19, 2014
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Additional Information and Figures.pdf 27.18MB
File must be PDF or KMZ
Comments
Figures, photographs, an agent authorization form, and a copy of the 95 % design plans are attached. Please let us know if you have questions.
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Jarrod Karl
Signature
�2t-t r'G)6i�—te
Date
11 /16/2023
U