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
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S agefield D rV a n ce R d N
HarvingtonDrA l m o n d ell Dr
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wo
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a
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sideCtM o ra A lyBreton
B
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andDr
B r a d f o rd Hill Ln
Par k c r e s t S t
C a rbert Ln
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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
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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
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Page 4 of 4