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HomeMy WebLinkAbout20200144 Ver 1_PCN Form Submission_20200124DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned 20200144 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Mooresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: McDowell Creek Greenway Phase 1 (Torrence Creek Greenway to Chilgrove Lane) 1a. Who is the Primary Contact?* Robert Billings 1b. Primary Contact Email:* Robert. Billings@MecklenburgCountyNC.gov Date Submitted 1/24/2020 Nearest Body of Water McDowell Creek / Torrence Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.409553-80.888337 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (704)409-1802 L.1 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 13 - Bank Stabilization 14 - Linear transportation le. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR401 Certification: For the record onlyfor Corps Permit: F 401 Water Quality Certification - Egress r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 15_2020-01-24 McDowell Creek greenway Angs _CRL.pdf 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? 4 Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: NA 2b. Deed book and page no.: 2c. Responsible party: Charlotte -Mecklenburg Storm Water Services and Right of Entry Agreements 2d.Address Street Address 3205 Freedoms Drive Address Line 2 Suite 6000 City Charlotte Rstal / Zip Code 28208 2e. Telephone Number: (980)314-2503 2g. Email Address:* Robert. Billings@MecklenburgCountyNC.gov State / Province / Region NC Country USA 2f. Fax Number: 73.32KB r Yes r No r Yes r No U 3. Applicant Information (if different from owner) 3a. Name: Robert Billings 3b. Business Name: Mecklenburg County Asset and Facilities Management 3c.Address Street Address 3205 Freedome Drive Address Line 2 Suite 6000 City State / Province / tRLgion Charlotte NC Postal / Zip Code Country 28208 USA 3d. Telephone Number: 3e. Fax Number: (980)314-2503 3f. Email Address:* Robert. Billings@MecklenburgCountyNC.gov 4. Agent/Consultant (if applicable) 4a. Name: Chris Tinklenberg, PWS 4b. Business Name: Kimley-Horn 4c.Address Street Address 200 South Tryon Street Address tine 2 Suite 200 City State / Province / Pegion Charlotte NC Postal / Zip Cade Country 28202 USA 4d. Telephone Number: 4e. Fax Number: (704)409-1802 4f. Email Address:* Chris.Tinklenberg@Kimley-Porn.com Agent Authorization Letter* McDowell_Agent Authorization Form.pdf 250.29KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town Huntersville 2. Project Identification 2a. Property Identification Number: 2b. Property size: 10.2 2c. Project Address Street Address NA Address tine 2 City Huntersville Postal / Zip Code 28078 State / Province / Region NC Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* McDowell Creek / Torrence Creek 3b. Water Resources Classification of nearest receiving water:* 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 03050101 4. Project Description and History 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 project area begins west of Chilgrove Lane along McDowell Creek and extends to a portion of the existing Torrence Creek Greenway located between Tatebrook Lane and Summerfield Lane in Huntersville, Mecklenburg County, North Carolina. Existing land use in the vicinity of the project includes single and multifamily residential developments, mixed hardwood/pine forest, cleared utility easement and a greenway. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2015-00026 Project History Upload 4d. 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) McDowe I I_F ig2_USGS. pd f 1.2MB 4e. 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) McDowell_Fig3_SSURGO.pdf 2.17MB 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 795 4h. Explain the purpose of the proposed project:* One purpose of this project is to construct an asphalt -paved greenway on new location from Chilgrove Lane that will travel parallel to McDowell Creek and tie into to the portion of the existing Torrence Creek Greenway between Tatebrook Lane and Summerfield Lane. The second purpose of this project is to perform bank enhancements to reduce erosion and increase buffer along McDowell Creek. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The scope of this project includes approximately 6,440 linear feet (LF)(1.2 miles) of new greenway construction and connections. The greenway corridor is largely situated within the upland areas along the bank and above the OHWM of Stream 1 (McDowell Creek) and Stream 2 (Torrence Creek). The proposed 12-foot-wide asphalt -paved greenway will connect the existing Torrence Creek Greenway to the proposed McDowell Creek Greenway along McDowell Creek. The overall project includes the construction of an approximately 0.97-mile long, 12-foot-wide greenway trail, including a 147 If pedestrian bridge (over S1), a 98 If pedestrian bridge (over S2), as well as an overlook area and a 0.25-mile long, 10-foot-wide connection trail to a proposed trailhead parking lot. Existing ductile iron pipes which convey S3 and S4 will be replaced with RCP culverts and extended to meet the required length of the proposed greenway. S5 requires the installation of a new RCP culvert greenway crossing. Constructed riffles implementing natural channel design techniques are proposed at each culvert outlet to reduce discharge velocities and prevent channel instabilities. Installation of new culverts and constructed riffles are necessary to maintain flow of jurisdictional streams at three proposed greenway crossings. Overall, impacts associated with the construction of the greenway will result in 173 If of new permanent impacts to potential non -wetland waters of the US. 45 If of temporary impacts are requested to install for pumped diversions to allow for work in dry conditions. Grading and riprap stabilization is necessary along the banks of McDowell Creek, beneath the Gilead Road bridge, due to over -wide conditions caused by bank erosion. The McDowell Creek Stream Restoration project did not conduct restoration activities along the bridge abutments of the Gilead Rd. bridge, therefore, the proposed riprap stabilization seeks to match the baseflow width of the up and downstream sections of McDowell Creek while protecting the bridge abutments and preventing additional bank erosion. Additionally, grading work and earth removal beyond the existing bridge bents will allow for greenway trails on either side of the creek and provide energy dissipation during flood events. Rip -rap will be placed only along the abutments of the proposed pedestrian bridges over S1 — McDowell Creek and S2 — Torrence Creek; therefore, bank stabilization is not proposed at these locations. The rip -rap installation will not result in impacts to potential non -wetland WoUS. To meet the goals and objectives described above, bank stabilization activities will result in 315, no -net loss of potential non -wetland WoUS. 4j. Please upload project drawings for the proposed project. 07_MCDowell Creek Greenway - Phase 1.pdf 49.66MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: A Preliminary Jurisdictional Determination letter and associated PJD Field Sketch conducted for the McDowell Creek Stream Restoration project which covers a portion of the proposed greenway project limits is attached (SAW-2015-00026). 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A r Unknown Corps AID Number: SAW-2015-00026). 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Chris Tinklenberg Agency/Consultant Company: Kimley-Horn Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR January 15, 2015 5d1. Jurisdictional determination upload 13_MCDWL_USACE-404_NWP27.pdf 2.37MB 14_MCDWL_Fig5_Reaches.pdf 1.49MB 6. Future Project Plans 6a. Is this a phased project?* r Yes O No 7b. If yes, explain. The McDowell Creek Greenway will be constructed in two separate phases, this PCN addresses Phase 1. 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): r Wetlands W Streams -tributaries r Open Waters r Pond Construction 3. Stream Impacts r Buffers u 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 ❑ (?) IIJurisdiction* length* S1 Culvert Installation Permanent Culvert S3 Intermittent Both 8 36 Average (feet) (linearfeet) S2 Constructed Riffle Permanent Other S3 Intermittent Both 8 14 Average (feet) (lir�rfeet) S3 Pumped Diversion P Tem orar P Y Other S3 Intermittent Both 8 15 Average (feet) (linearfeet) � Culvert Installation Permanent Culvert JS4 Intermittent Both 8 26 Average (feet) (lir�rfeet) S5 Constructed Riffle Permanent Other JS4 Intermittent Both 8 20 Average (feet) (linearfeet) S6 Pumped Diversion P Tem orar P Y Other JS4 Intermittent Both 8 15 Average (feet) (linearfeet) S7 Culvert Installation Permanent Culvert SS Intermittent Both 8 40 Average (feet) (lir�rfeet) gg Constructed Riffle Permanent Other SS Intermittent Both SAverage 3( (feet) zarfeet) S9 Pumped Diversion Temporary Other SS Intermittent Both SAverdge 1(linearfeet) (fee) S10 Bank Stabilization Permanent Bank Stabilization J S1 Perennial Both 2Aver�e(feet) 3(Inearfee) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 488 31. Total stream and ditch impacts: 533 3i. Total temporary stream impacts: 45 3j. Comments The project will result in 315 If of permanent -no net loss stream impacts from the bank stabilization activities, necessary to maintain/improve stream functions and reduce bank erosion. The culvert installations and constructed riffles associated With the construction of the greenway will result in 173 If of permanent impact. 45 If of temporary impacts are needed for pumped diversion to work in the dry. E. Impact Justification and Mitigation u 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts have been avoided and minimized to the extent practicable and have been limited to what is necessary to construct the proposed greenway and facilitate stream bank stabilization. The proposed greenway alignment is located primarily Within the existing sanitary sewer easement in order to avoid new impacts to potential non -wetland WoUS. Perpendicular stream crossings are proposed at each of the three (3) greenway crossing locations. Culverts will be buried 20 % of the culvert diameter in order to promote passage of aquatic organisms. Constructed riffles implementing natural channel design techniques are proposed at each culvert outlet to reduce discharge velocities and prevent channel instabilities. To prevent sedimentation of downstream portions of the affected streams, construction will be conducted in the dry through the use of impervious dikes and pumped diversions. Temporary erosion and sediment control measures placed in waters will be removed and the original grade restored upon completion of the project. All work, excluding the permanent impacts areas, will be conducted Within uplands, along the left and right banks of McDowell Creek. Special care and consideration will be implemented, to the greatest extent practicable, in areas immediately adjacent to the creek in order to prevent incidental fallback. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Several of the measures that will be implemented in order to minimize impacts include the utilization of temporary erosion control matting and planting of native vegetation for stabilization. All sediment and erosion control and de -watering measures will be removed upon completion of construction and the temporary areas of disturbance will be stabilized and restored to pre -construction contours. 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 r No 2c. If yes, mitigation is required by (check all that apply): r DWR fJ Corps 2d. If yes, which mitigation option(s) will be used for this project? fJ Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: City of Charlotte Stream and Wetland Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 173 Attach Receipt and/or letter 15_2020-01-24 McDowell Creek greenway xings _CRL.pdf 3c. Comments 73.32KB Mitigation is required for impacts resulting from the construction of three greenway crossings and their associated constructed riffles. Impact 1, Impact 3, and Impact 5 are proposed at 1.5:1 (Stream 3,4, and 5 - Intermittent). In total, the greenway project requires 173 stream credits for the proposed impacts. F. Stormwater Management and Diffuse Flow Plan (required by DWR) C^U 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? r Yes r No If no, explain why: This project is not in a watershed with protected riparian buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: 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?* r Yes r- 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)? * r Yes r No Comments:* NEPA/SEPA is not required for this project. 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)? * r- Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r- Yes r No 3b. If you answered "no," provide a short narrative description. The proposed greenway project seeks to provide connectivity of existing greenway networks and does not anticipate triggering additional development, which could impact downstream crater quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r- Yes r No r WA 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?* r Yes r No C Unknown 5e. Is this a DOT project located within Division's 1-8? r- 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? r- Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r- 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? A data reviewwas conducted using North Carolina Natural Heritage Program (NCNHP) Data Explorer on September 27, 2019 to determine the presence of any federally -listed, candidate endangered, threatened species, or critical habitat located within the project area. Based on the NCNHP review, there are no records of federally -protected species within the project limits or within a mile of the project site. A copy of the data review report is attached. A Request for Review was submitted to the USFWS on January 13, 2020, however, to date, no response has been received. Consultation Documentation Upload 12_NCNHP.pdf 1.16MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* C Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* North Carolina Natural Heritage Program Database 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A review of the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS Service database did not indicate any cultural or historic resources within the project boundary. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: A flood study was conducted for the stabilization work proposed under the Gilead Rd. bridge was determined to meet a No -Rise. 8c. What source(s) did you use to make the floodplain determination?* FIRM Panel 4630K, FIRM Panel 4631 K (Effective September 2, 2015); Flood Risk Information System (FRIS) Miscellaneous U Comments The agent authorization form has been requested and a signed copy will be provided as soon as it is received from the County designated signee. A full pdf copy of the PCN is included via the upload link below. Please feel free to contact me at (704) 409-1802 if you have any questions or if additional information is necessary. Sincerely, Chris Tinklenberg, PWS Miscellaneous attachments not previously requested. 00_McDowell_Complete_Final _NoPlans.pdf 26.35MB Signature FJ 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: Chris Tinklenberg Signature 641 ? 6 I�P—_ edaty Date 1 /24/2020 u AGENT AUTHORIZATION FORM Name: Robert Billings Address: Mecklenburg County Asset and Facilities Management, 3205 Freedom Drive, Suite 6000, Charlotte, NC 28202 Phone: 704-314-3231 Project Name/Description: McDowell Creek Greenway Phase 1 (Torrence Creek Greenway to Chilgrove Lane) Date: January 24, 2020 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: David Shaeffer Re: Wetland Related Consulting and Permitting Ms. Higgins: Mecklenburg County Asset and Facilities Management hereby designates and authorizes Kimley- Horn and Associates, Inc. to act in their behalf as their agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits/Section 401 Water Quality Certifications applications, and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by Mecklenburg County Asset and Facilities Management. Authorized this the day of , . Authorized Representative Authorized Representative (Print Name) (Signature) Cc: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 ± 0 1,000 2,000Feet McDowell Creek Greenway - Phase 1Huntersville, Mecklenburg County, NCJanuary 2020 Legend Project Bound ary (LOD) Figure 2: USGS Topo (Lake Norman South) MeB IrB W MO PaF HeB CeB2 CeB2 CeD2 CeD2 CeD2 CeD2 MOMO CeD2 CeB2 MO ± 0 500 1,000Feet McDowell Creek Greenway - Phase 1Huntersville, Mecklenburg County, NCJanuary 2020 Legend Project Bound ary (LOD) SSURG O Soils Hydric Rating Hydric (1 to 32 %) Not Hydr ic (0%) Figure 3: SSURGO Soils Gil e a d R d W ynfieldCreek P k w yErvinCookRd GladeCtN e w O a k L nChaddsl eyDrGarnki rkDrT a u n t o n D r S agefield D rV a n ce R d N HarvingtonDrA l m o n d ell Dr FoxTailLnTaybrookDrSeafieldLnCottsbrookeDrPrest wo o d s L n P a r kG roveStHallatonDrOakh a m S t LizzieLn StumptownRdA g in c o u rtDrS u m m erfieldLnC hilgr o v e L n McDi armidLnD o ePathLnPri stineCt A n g e lOakDrDeerland Ct SalfordCtT a te b rookLnOx fo rd s hire Ct StanderwickLnHugh McAuley R d ScottsboroDrS to n e green L n P ennyhi l l DrByt hamC astleDr Great Glen Ln M a c B e t h C tMercerDr O x f o r d H olw T a y sideCtM o ra A lyBreton B r o o k St Glen Miro Dr Sutherl andDr B r a d f o rd Hill Ln Par k c r e s t S t C a rbert Ln G le n side St Cu m briaCt MiddlethorpeLn Louth C t Berryf i e l d S tW y n fo rdH allStM o a te C tWil d L il a c Ct Curling Ct D ry b urgh C rkStonemont R d Rangeworth Ct HopeCtChewtonglen Ln Coleford Dr C h a d d s l e y D r ±0 350 700 Feet LEGENDS AND SYMBOLS Study Area Existing Wetlands Exisiting Stream Alignment Storm Drainage Easement Sewer Easement Proposed Alignment Reach 1 2 3 4 5 S5 S1S2S3 S4 S9S8 S6 S7 S10 S12 S13 S14 S16 S17 W5 Area: 7.98 Ac W3 Area: 0.08 Ac W2 Area: 0.18 Ac W1 Area: 0.17 Ac W4 Area: 6.11 Ac Cross Section 11 Cross Section 10 Cross Section 8 Cross Section 9 Cross Section 7 Cross Section 6 Cross Section 5 Cross Section 4 Cross Section 3 Cross Section 2 Cross Section 1 Date Title Project Site Reach Identification McDowell Creek Stream Restoration Mecklenburg County, North Carolina 9/3/2014 Figure 5 Prepared For: Prepared By: Project Torrence Creek S18 S19 S = Jurisdictional Stream W = Jurisdictional Wetland 600 E. Fourth Street C harlotte, NC 28202 Fax 704. 3 53.0473 T o report pollution or drainage problems, call: 311 http://stormwater.charmeck.org January 24, 2020 Ms. Addie Lasitter Kimley Horn & Associates 200 South Tryon St, Suite 200 Charlotte, NC 28202 Subject Project: McDowell Creek Greenway (Stream Crossings), SAW#: 2015-00026 HUC#: 03050101 (Upper Catawba) The purpose of this letter is to notify you that the City of Charlotte Umbrella Stream and Wetland Mitigation Bank (“Umbrella Bank”) is willing to accept payment for stream impacts associated with the subject project. Please note that the decision by the Umbrella Bank to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers or the North Carolina Division of Water Quality 401/Wetlands Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the Umbrella Bank for impacts associated with this project is appropriate. This acceptance is valid for six (6) months from the date of this letter. The following documents must be submitted to the Umbrella Bank within this time frame for this acceptance to remain valid: 1. 404 Permit Verification 2. 401 Water Quality Certification 3. Executed Transfer of Funds between Mecklenburg County Park and Recreation Department and Storm Water Services detailing the use of and payment for the credits described in the table below. Based on the information supplied by your office, the stream and wetland credits that are necessary to satisfy the compensatory mitigation requirements for this project are detailed in the table below. The total mitigation credits available for this project are also indicated in this table. Stream (linear feet) Wetlands (acres) Credits Requested for This Project 259.5 0.0 Credits Available for This Project 259.5 0.0 Mitigation Project Name(s) Torrence Creek The stream and wetland mitigation will be provided as specified in the Section 404 Permit or corresponding 401 Water Quality Certification for impacts associated with the subject project in Hydrologic Unit 03050101 of the Catawba River Basin. The mitigation will be performed in accordance with the Agreement to Establish the City of Charlotte Umbrella Stream and Wetland Mitigation Bank in Mecklenburg County, North Carolina, dated June, 16, 2004. If you have any questions or need additional information, please contact me at (704) 562-2691 or erin.shanaberger@charlottenc.gov. Sincerely, Charlotte Storm Water Services Erin Shanaberger, PWS Water Quality Program Specialist cc: file 600 E. Fourth Street C harlotte, NC 28202 Fax 704. 3 53.0473 T o report pollution or drainage problems, call: 311 http://stormwater.charmeck.org January 24, 2020 Ms. Addie Lasitter Kimley Horn & Associates 200 South Tryon St, Suite 200 Charlotte, NC 28202 Subject Project: McDowell Creek Greenway (Stream Crossings), SAW#: 2015-00026 HUC#: 03050101 (Upper Catawba) The purpose of this letter is to notify you that the City of Charlotte Umbrella Stream and Wetland Mitigation Bank (“Umbrella Bank”) is willing to accept payment for stream impacts associated with the subject project. Please note that the decision by the Umbrella Bank to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers or the North Carolina Division of Water Quality 401/Wetlands Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the Umbrella Bank for impacts associated with this project is appropriate. This acceptance is valid for six (6) months from the date of this letter. The following documents must be submitted to the Umbrella Bank within this time frame for this acceptance to remain valid: 1. 404 Permit Verification 2. 401 Water Quality Certification 3. Executed Transfer of Funds between Mecklenburg County Park and Recreation Department and Storm Water Services detailing the use of and payment for the credits described in the table below. Based on the information supplied by your office, the stream and wetland credits that are necessary to satisfy the compensatory mitigation requirements for this project are detailed in the table below. The total mitigation credits available for this project are also indicated in this table. Stream (linear feet) Wetlands (acres) Credits Requested for This Project 259.5 0.0 Credits Available for This Project 259.5 0.0 Mitigation Project Name(s) Torrence Creek The stream and wetland mitigation will be provided as specified in the Section 404 Permit or corresponding 401 Water Quality Certification for impacts associated with the subject project in Hydrologic Unit 03050101 of the Catawba River Basin. The mitigation will be performed in accordance with the Agreement to Establish the City of Charlotte Umbrella Stream and Wetland Mitigation Bank in Mecklenburg County, North Carolina, dated June, 16, 2004. If you have any questions or need additional information, please contact me at (704) 562-2691 or erin.shanaberger@charlottenc.gov. Sincerely, Charlotte Storm Water Services Erin Shanaberger, PWS Water Quality Program Specialist cc: file ■ ■■■ Roy Cooper. Governor ME NC DEPARTMENT OF Susi Hamilton, Secretary women NATURAL AND CULTURAL RESOURCES 0 son Walter Clark, director, Land and Water Stewardship NCNHDE-10341 September 27, 2019 Michael Knepper Kimley-Horn 200 South Tryon, Suite 200 Charlotte, NC 28202 RE. McDowell Creek Greenway Dear Michael Knepper: 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 indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. 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. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. 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. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butlerLncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 918.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area McDowell Creek Greenway September 27, 2019 NCNHDE-10341 Element Occurrences Documented Within Project Area axono EO ID Scientific Nam ommon Name Las Element Accuracy Federal r State Global State Group Observation Occurrence Status Status Rank Rank Dat= Rank Vascular Plant 36510 Silphium perfoliatum Northern Cup -plant 2018 E 2-High --- Threatened G5 S1 No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Managed Area Nam wner Owner Typ-e-'m= McDowell Creek Greenway Mecklenburg County Local Government Torrence Creek Greenway Mecklenburg County Local Government Cook Park Mecklenburg County Local Government NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Fund NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on September 27, 2019; source: NCNHP, Q3 Jul 2019. 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 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area McDowell Creek Greenway September 27, 2019 NCNHDE-10341 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name ommon Name Last W Group servation a a Date Vascular Plant 14739 Silphium perfoliatum Northern Cup -plant 2018 Vascular Plant 26114 Silphium perfoliatum Northern Cup -plant 2018 Vascular Plant 36510 Silphium perfoliatum Northern Cup -plant 2018 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name epresentational Rating McDowell/Torrence Creek Confluence Slope R3 (High) Element Accuracy Federal State Occurrence Status tatus Rank C 2-High --- Threatened BC 2-High --- Threatened E 2-High --- Threatened Collective Rating C5 (General) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name =Owner er Type McDowell Creek Greenway Mecklenburg County Local Government Torrence Creek Greenway Mecklenburg County Local Government Cook Park Mecklenburg County Local Government Mcilwaine Park Mecklenburg County Local Government Charles And Ida Graham Park Mecklenburg County Local Government NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Fund McDowell Creek Park Mecklenburg County Local Government Torrence Creek Tributary 1 Mecklenburg County Local Government Global State Rank Rank G5 S1 G5 S1 G5 S1 i Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on September 27, 2019; source: NCNHP, Q3 Jul 2019. 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 3 of 4 NCNHDE-10341: McDowell Creek Greenway _ L O � L 77 d� Prfront Ur Ike St Mark Catholic `p��lid i C� v 0 x D ^� moo` 11 Q- h Gilead Rosedale v Ua Ifas rr ree M ^ZI a 1`� Bud Hendtason Kr% - Barnette Elementary OAS. 4 Francis Y 4� s 77 cn Bradley lvlodd le d�O c C .atYN 'fi; r > y N is W+E �tiyoPe S September 27, 2019 M Project Boundary F1 Buffered Project Boundary E3 NHP Natural Area (NHNA) El Managed Area (MAREA) 1:28,760 0 0.25 0.5 1 mi 0 0.375 0.75 1.5 km Sources' Esri, HERE, Garmin,, Intermap, increment P Corp_. GEBCC,, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL Ordnance Survey, Esri Japan, METI, Esn China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 4 of 4