HomeMy WebLinkAbout20200709 Ver 1_401 Application_20200528DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
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
20200709
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:
Matheson Avenue Streetscape
1a. Who is the Primary Contact?*
Kelly Thames - HDR
1b. Primary Contact Email:*
kelly.thames@hdrinc.com
Date Submitted
5/28/2020
Nearest Body of Water
Little Sugar Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.245346
A. Processing Information
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
r Yes r No
Longitude:
-80.812666
Is this project a public transportation project?*
r Yes r No
Is this a NCDOT 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)
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Donna Hood:eads\drhood
1c. Primary Contact Phone:*
(704)338-6710
L.1
1b. What type(s) of permit(s) do you wish to seek authorization?
* Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular r 401 Water Quality Certification - E)press
r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification: r Yes r No
For the record onlyfor Corps Permit: r Yes r No
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
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?
r 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:
City of Charlotte
2b. Deed book and page no.:
Linear project within existing road right-of-way (ROW). In cases where additional
ROW is necessary,
the City of Charlotte will obtain appropriate ROW easements.
2c. Responsible party:
City of Charlotte
2d.Address
Street Address
600 E. 4th Street
Address tine 2
City
Slate / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28202
USA
2e. Telephone Number: 2f. Fax Number:
(704)577-8609
2g. Email Address:*
lbing@charlottene.gov
3. Applicant Information (if different from owner)
3a. Name:
City of Charlotte, POC: Ms. Leslie Bing
3b. Business Name:
City of Charlotte
3c.Address
Street Address
600 E. 4th Street
Address Line 2
City
State / Province / Fbgion
Charlotte
NC
Postal / Zip Code
Country
28202
USA
3d. Telephone Number: 3e. Fax Number:
(704)577-8609
3f. Email Address:*
lbing@charlottenc.gov
4. Agent/Consultant (if applicable)
4a. Name:
Kelly Thames
4b. Business Name:
HDR
4c.Address
Street Address
440 S. Church Street
Address Line 2
Suite 900
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28202
USA
4d. Telephone Number:
4e. Fax Number:
(704)338-6710
4f. Email Address:*
kelly.thames@hdrinc.com
Agent Authorization Letter*
B4f_Agent Authorization Form_Signed.pdf
27.71 KB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
North Davidson area
1c. Nearest municipality/ town:
Charlotte
2 Project Identification
2a. Property Identification Number:
2b. Property size:
08303101
10
2c. Project Address
Street Address
Linear project centered around PIN noted above.
Address Line 2
City
State / Province / legion
Postal / Zip Code
Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Little Sugar Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
03050103010
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 Matheson Avenue Streetscape project consists of the existing Matheson Avenue roadway in the North Davidson area of Charlotte, NC. The surrounding land use is industrial and
single family residential. The existing road spans rail tracks servicing the Norfolk Southern Charlotte Yard and the LYNX Rapid Transit Services Blue Line Extension.
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
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)
C4d_Topographic Map.pdf 251.26KB
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)
C4e_SoilSurvey.pdf 1.66MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.08
4g. List the total estimated linear feet of all existing streams on the property:
512
4h. Explain the purpose of the proposed project:*
The purpose of the Matheson Avenue Streetscape project is to provide pedestrian, bicycle, and aesthetic improvements on the existing Matheson Avenue from North Tryon Street to
Jordan Place for improved connections between North Tryon Street and the LYNX Blue Line Extension, Cross Charlotte Trail, and the popular North Davidson (NoDa) area.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Project improvements include sidewalk widening from 5 to 8 feet along the south side of the roadway and bridge, a new separated bike path along the south side of the roadway with a
separate bike path on the bridges, a new bike lane in the westbound direction along the north side of the roadway and bridges, and various aesthetic additions such as benches, trees,
and lights.
Track hoes, excavators, loaders and other typical construction equipment will be utilized.
4j. Please upload project drawings for the proposed project.
C4j_MathesonAve_90 % Plans_12-20-19.pdf 3.57MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No O Unknown
Comments:
Upon conversation with the USACE and due to COVID, a site visit cannot be held. The JD is
considered 'Delineation Only" documentation.
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
Corps AID Number:
SAW-2020-00264
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Carolina Wetland Services
Other:
5d1. Jurisdictional determination upload
G5d 1 _MathesonAve_JD_120919.pdf 5.83 MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r 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 projector related activity?
No other NWPs, RGPs, or IN are anticipated for this project or related activity.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries ❑ Buffers
r Open Waters r Pond Construction
3. Stream Impacts
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
(?) Jurisdiction* length*
S1 scour protection Permanent Rip Rap Fill Stream B Intermittent Both T;;1nearfeet)1.
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
28
31. Total stream and ditch impacts:
28
3j. Comments:
31. Total temporary stream impacts:
Total impacts total 28 If of intermittent channel (0.002 ac). Acreage of impact is below notification thresholds for NWP 14; therefore, under the NWP
program, this project is automatically authorized. However, because there is a stream impact (no wetland impacts), it triggers a notification for a Water
Quality Certification.
E. Impact Justification and Mitigation t"
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to on -site jurisdictional waters of the U.S. have been reduced to the ma>dmum extent possible. All impacts to jurisdictional features have been
avoided with the exception of one impact necessary for outfall scour protection.
Erosion control fencing originally bisected Wetland AA; however, during design the location of the erosion control fencing was modified to avoid all
impacts to jurisdictional features. The project will comply with all Federal Emergency Management Act (FEMA) requirements and NWP Regional and
General Conditions.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. A pump around will be utilized to ensure
that all work is conducted in the dry. Per City of Charlotte Design Standards, a flared end section and rip rap apron is required for stormwater ouffall
scour protection.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent loss ofwaters is 28 If of intermittent tributary. DWR does not require mitigation for intermittent tributaries and the impact amount is less than the threshold that triggers
mitigation.
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 INC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
A diffuse flow plan is not required because the project will drain in the same manner as the existing system. No additional stormwater outfalls will be introduced.
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 15ANCAC 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 (NEPAUSEPA)?*
r Yes r No
Comments:*
The project does not meet the three criteria that triggers environment review under the NC State Environmental Policy Act.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 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 project is located in an already developed area. Infill development is not likely and current water quality will not likely change due to eAsting
impervious surfaces and runoff. Proper sediment and erosion control measures and best management practices will be used to minimize disturbances
to downstream waters.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor NIA
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
5d. Is another Federal agency involved?*
r Yes r No
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
5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.?
r Yes r No
If you answered "Yes" to 5g(1), did you discover any signs of bat use?
r Yes r No r Unknown
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
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
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property.
G5i_PercussiveActivities.pdf 34.88KB
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The USFWS Information for Planning and Consultation (IPaC) and the NC Natural Heritage Program (NCNHP) Database.
Consultation Documentation Upload
G5j_T&E.pdf 1.35MB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
hftps://mw.habitat.noaa.gov/application/efhniapper/indexhtml
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?*
NC Historic Preservation Office's HPOWEB 2.0 database (https://nc.maps.arcgis.con/apps/webappviewer/index.htmi?
id=d2d04d8d7e03403f889419526e682529).
The project intersects North Charlotte Historic District (MK1666, Sheet 8) and is proposing temporary disturbance within the District. Sheet 7 depicts
no disturbance to the District's boundary. Sheet 8 depicts that no permanent disturbance will occur within the District's Boundary and permanent fill
slopes will not occur within the boundary. A temporary construction entrance will be placed in the boundary; however, it is proposed in a location that
has been previously disturbed. SHPO determined in a letter (ER 17-1900, attached) that the project will have no effect to historic resources.
7c. Historic or Prehistoric Information Upload
G7c_SHPOResponse_ER 17-1900.pdf 95.42KB
G7c_SHPO_Sheets7_8.pdf 1.49MB
G7c_SHPOCorrespondence.pdf 745.46KB
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 No -Rise analysis was conducted and approved. A Floodplain Development Permit will be issued once the application is complete. Disturbance in the
floodplain will not occur without appropriate permits.
8c. What source(s) did you use to make the floodplain determination?*
Mecklenburg County FEMA FIRM Panels 3710455500L and 371045540K
Miscellaneous
Comments
Upon conversation with the USACE and due to COVID, a site visit cannot be held. The JD is considered "Delineation Only" documentation in which a jurisdictional delineation was
conducted according to the USACE methodology and provided as an attachment.
Total impacts include 28 If of intermittent channel (0.002 ac). Acreage of impact is below notification thresholds for NWP 14, therefore, under the NWP program, this project is
automatically authorized as all Regional and General Conditions of NWP 14 are met. However, because there is a stream impact (no wetland impacts), it triggers a notification for a
Water Quality Certification (No. 4125).
Miscellaneous attachments not previously requested.
Signature
W 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:
Kelly Thames
Signature
Any -A w
Date
5/28/2020