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HomeMy WebLinkAbout20191756 Ver 3_401 Application_20200605Staff Review Does this application have all the attachments needed to accept it into the review process?* r Yes r No ID#* 2019 Version* 3 1756 Is this project a public transportation project?* r Yes r No Reviewer List:* Alan Johnson:eads\adjohnson1 Select Reviewing Office:* Mooresville Regional Office - (704) 663- 1699 Submittal Type:* 401 Application Does this project require a request for payment to be sent? r Yes r No How much is owed?* r $240.00 r $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type:* r New Project r New Project w Existing ID r Pre -Application Submittal r More Information Response r Other Agency Comments r For the Record Only (Courtesy Copy) r Stream or Buffer Appeal New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information Name: Email Address: Project Information Existing ID #: 19- 1756 20170001(no dashes) Project Name: Existing Version: 1 Is this a public transportation project? Aliisa Harjuniemi Vft is submitting the inforrration? aliisa@cws-inc.net Mallard Creek Reuse Line Extension and Toby Creek Outfall Improvements r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Mecklenburg Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docurrent Describe the attachments: Alan, Sign and Submit Transmittal Letter.pdf 115.61 KB Pre -Construction 250.34KB Notification_rev6.5.20.pdf A- Figures1-7_Rev6.5.20.pdf 3.32MB Ab -Delineation Maps by 1.61 MB Hazen —Mallard Creek.pdf B - Signed AA form.pdf 1.38MB C - Photopage.pdf 2.8MB D - Stream Forms.pdf 1.26MB E - Wetland Forms.pdf 703.03KB F - Proposed Impacts - Toby 45.3MB Creek_Rev6.5.20.pdf G - Mallard Creek Impact 14.48MB Maps_rev6.5.20.pdf H - PETS Report.pdf 4.68MB la - DMS acceptance letter.pdf 80.43KB lb- Umbrella bank Credit 81.16KB Reservation.pdf Only pdf or lqm files are accepted. Attached is the revised PCN for the Mallard Creek Reuse Line Extension and Toby Creek Outfall Improvements project, dated 6.5.20. V By checking the box and signing box below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this 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 online form." Signature: Submittal Date: Is filled in automatically. CiAROLINA WETLAND .SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) To: Mr. David Shaeffer Date: June 5, 2020 U.S. Army Corps of Engineers, Charlotte Satellite Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Mr. Alan Johnson NCDWR, 401 & Buffer Permitting Unit 512 N. Salisbury St., 9th Floor Raleigh, NC 27604 Subject: Pre -Construction Notification Pursuant to NWP No. 12 - Rev 6.5.20 Mallard Creek Reuse Line Extension and Toby Creek Outfall Improvements Mecklenburg County, NC CWS Project No. 2019-0234 Dear Mr. Shaeffer and Mr. Johnson, The Mallard Creek Reuse Line Extension and Toby Creek Outfall Improvements project limits consist of an approximately 60-foot wide, 8,200-foot long corridor along Toby Creek, and an approximately 40-foot wide, 10,400-foot long corridor along Mallard Creek (Figures 1 and 2, Attachment A). On behalf of Charlotte Water, Stantec has subcontracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached (Attachment B). On behalf of Charlotte Water, CWS is submitting a revised Pre -Construction Notification pursuant to Nationwide Permit No. 12 to the U.S. Army Corps of Engineers and Water Quality Certification No. 4133 to the North Carolina Division of Environmental Quality (NCDEQ) for proposed impacts to jurisdictional waters of the U.S. associated with sewerline installation along Toby Creek near the UNC Charlotte Campus and water reuse line installation along both Toby Creek and Mallard Creek. This PCN includes a wetland delineation for the Toby Creek Outfall study area. No Jurisdictional Determination is requested at this time. Wetland delineation for the Mallard Creek Reuse Line easement was submitted to the USACE by Hazen and Sawyer on February 27, 2019. Charlotte Water proposes purchasing the required compensatory mitigation credits from City of Charlotte Umbrella Stream and Wetland Mitigation Bank and Division of Mitigation Services (DMS) in -lieu fee program. DMS credits will be used to supplement as the Umbrella Mitigation bank does not have all the required credits within the service area. The credit reservation letters are included in Attachment I. Mallard Creek Reuse Line Extension and Toby Creek Outfall Improvements June 5, 2020 Pre -Construction Notification Pursuant to Nationwide Permit No. 12 CWS Project No. 2019-0234 ATTACHMENTS INCLUDED: DESCRIPTION Attachment A - Figures - Rev 6.5.20 1: Vicinity Map 2: USGS Topographic Map 3: Aerial Imagery 4: USDA-NRCS Current Soil Survey of Mecklenburg County 5: USDA-NRCS Historic Soil Survey of Mecklenburg County 6: National Wetlands Inventory 7-713: Jurisdictional Boundaries (Toby Creek Outfall Improvements) Delineation Maps 1-8 (Mallard Creek Reuse Line Extension) Attachment B - Agent Authorization Form Attachment C - Photopage (Photographs 1-35) Attachment D - NCDEQ Stream Classification Forms (SCP1-SCP8) Attachment E - USACE Wetland Determination Data Forms (DP1-DP4) Attachment F - Proposed Impacts - Toby Creek Outfall Improvements - Rev 6.5.20 Attachment G - Proposed Impacts - Mallard Creek Reuse Line Extension - Rev 6.5.20 Attachment H - Protected Species Habitat Assessment - Rev 6.5.20 Attachment I - Mitigation Credit Reservation Letters Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have any questions or comments regarding this request. Sincerely, Aliisa Harjuniemi, PWS Senior Project Manager Page 2 of 2 a`'pF W A rEgC) T. A A a Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: 0 Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes N No 1 d. Type(s) of approval sought from the DWQ (check all that apply): N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes N No For the record only for Corps Permit: ❑ Yes N No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. N Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes N No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes N No 2. Project Information 2a. Name of project: Mallard Creek Reuse Line Extension and Toby Creek Outfall Improvements 2b. County: Mecklenburg County 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: N/A (Charlotte Water Easement) 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): Charlotte Water; POC: Chuck Bliss 3d. Street address: 5100 Brookshire Blvd. 3e. City, state, zip: Charlotte, NC 28216 3f. Telephone no.: (704) 391-5095 3g. Fax no.: N/A 3h. Email address: cbliss@ci.charlotte.nc.us Pagel of 20 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent 0 Other, specify: Charlotte Water 4b. Name: Chuck Bliss 4c. Business name (if applicable): Charlotte Water 4d. Street address: 5100 Brookshire Blvd 4e. City, state, zip: Charlotte, NC 28216 4f. Telephone no.: (704) 391-5095 4g. Fax no.: N/A 4h. Email address: cbliss@ci.charlotte.nc.us 5. Agent/Consultant Information (if applicable) 5a. Name: Aliisa Harjuniemi, PWS 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 980-259-1222 5f. Fax no.: N/A 5g. Email address: aliisa@cws-inc.net Page 2 of 20 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): Multiple partial parcels. Charlotte Water easement shown in he plan sheets 1 b. Site coordinates (in decimal Latitude: 35.315162' Longitude:-80.733467' 1 c. Property size: 25 ac. (easement) 2. Surface Waters 2a. Name of nearest body of water to proposed project: Toby Creek and Mallard Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Yadkin Pee Dee (HUC 03040105) 3. Project Description 3a. 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 Mallard Creek Reuse Line Extension and Toby Creek Outfall Improvements project limits consist of an approximately 60-foot wide, 8,200-foot long corridor along Toby Creek, and an approximately 40-foot wide, 10,400-foot long corridor along Mallard Creek (Figures 1 and 2, Attachment A). The project area consists of undeveloped forest and maintained herbaceous areas for athletic fields, public areas, and power easements. Several roads transect the project area. On -site elevations range from 580-630 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, developed open space, herbaceous areas, woody wetlands, and emergent herbaceous wetlands (Figure 3). Land use in the vicinity of the project consists of residential neighborhoods, retail centers, a stone quarry, undeveloped land, and land and facilities associated with the University of North Carolina at Charlotte (UNCC). According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Mecklenburg County (Figure 4) and the NRCS 1976 Soil Survey for Mecklenburg County (Figure 5), current and historic on -site soils consist of six different soil types. Of the on -site soils, Monocan loam (MO) is listed on the Web Soil Survey as containing hydric inclusions. review of the National Wetlands Inventory (NWI) GIS layer depicts several potential wetland features within the project limits (Figure 6, attached). The jurisdictional waters of the U.S. within the Toby Creek Outfall portion are depicted in Figure 7. Delineation Maps 1-8, prepared by Hazen and Sawyer, depict the jurisdictional waters of the U.S. within the Mallard Creek Reuse Line Extension. 3b. List the total estimated acreage of all existing wetlands on the property: 2.01 ac. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 869 If perennial, 407 If intermittent 3d. Explain the purpose of the proposed project: Toby Creek Outfall Improvements: The Toby Creek Outfall Improvements project involves replacement of the main sewer line ("Outfall") running along Toby Creek. This project is needed due to aging sewer infrastructure in the Toby Creek drainage basin. In addition, the pipelines are experiencing additional flows due to rapid growth, which results in the need to increase sanitary sewer capacity. The new sanitary sewer outfall will be designed and constructed within the project corridor to address current and projected sewer demands. The Phase I of this project is approximately 1.5 miles long and located along Toby Creek, near the UNC Charlotte campus, extending from North Tryon Street to E WT Harris Boulevard. The Toby Creek Outfall Improvements Phases II and III will likely occur within the next decade, but after the current Nationwide Permits have expired. Page 3 of 20 PCN Form — Version 1.4 January 2009 The easement location for these phases have not been determined yet. See the overview in the Attachment F for the approximate location of the future phases. Mallard Creek Reuse Line Extension The purpose of the project is to provide reuse water to current and future customers located along the project corridor, including UNC Charlotte. City of Charlotte anticipates that development of the currently undeveloped areas within the project area will occur and that connection of some of the new developments to the reuse line for non -potable water sources, such as irrigation, will also happen. Approximately 3.5 miles of water reuse line will be installed along Mallard Creek and Toby Creek. An approximately 2 mile long, 40-foot wide water reuse line easement extends from Salisbury Street to North Tryon Street along Mallard Creek. The water reuse line and the proposed sewerline will be running parallel to each with each other along Toby Creek (see the Toby Creek Outfall Improvements). The easement width for the reach along Toby Creek is 60 feet to provide enough space for the construction and maintenance of these two utility lines. 3e. Describe the overall project in detail, including the type of equipment to be used: Page 4 of 20 PCN Form — Version 1.4 January 2009 Project Overview This project will include approximately 1.5 miles of sewerline installation along Toby Creek near the UNC Charlotte and approximately 3.5 miles of water reuse line installation along both Toby Creek and Mallard Creek. Under Nationwide Permit (NWP) No. 12, the project proposes six permanent and 19 temporary utility line stream crossings. Additionally, the project proposes 0.62 acre of temporary wetland impacts associated with the utility line installation and construction access, and 1.19 acre of permanent wetland impacts due to conversion from forested wetlands to herbaceous for permanent maintenance corridor. The proposed impacts are described in detail below. Toby Creek Outfall The proposed impacts for Toby Creek Outfall Improvement are illustrated in Attachment F. Stream Impacts (T-S1 — T-S13) All stream sewerline crossings within the Toby Creek Outfall portion are temporary and will be constructed via open trench. The proposed temporary stream impacts total 728 linear feet. The temporary impacts were calculated based on the width of the construction corridor and will include the temporary dewatering devices required in order to construct the sewerline in the dry, temporary stream crossings, sewerline/waterline installation, and bank stabilization. All areas disturbed by the work shall be re -graded, sloped for drainage and stabilized. Stabilization methods include matting, seeding, and livestaking. See Sheet C13 for the bank stabilization detail (Attachment F). Wetland Impacts (T-WI — T-W12) The proposed permanent impacts to jurisdictional wetlands within Toby Creek Outfall total approximately 0.68 acre. The proposed temporary impacts total 0.28 acre. All wetland crossings will be constructed via open trench. Permanent impacts are the result of a permanently maintained easement through forested wetlands where forested wetland will be mechanically cleared and permanently converted to maintained herbaceous wetland. Wetlands crossed to access the new easements will be protected with timber mats. All impacted areas will be returned to their pre -construction grades. Note: As the sewerline and waterline will be located next to each other, the proposed construction and maintenance easement within the Toby Creek outfall portion is 60 feet wide to allow enough space for the utility line installation and maintenance. Therefore, Charlotte Water is Requesting a waiver for the Water Quality Certification #4133 Activity Specific Condition No.4. Mallard Creek Reuse Line The proposed impacts for Mallard Creek Reuse Line Extension are shown in Attachment G. Stream Impacts (M-S1 — M-S15) All stream sewerline crossings will be constructed via open trench. The proposed temporary impact total 362 linear feet. The temporary impacts were calculated based on the width of the construction corridor and will include the temporary dewatering devices required in order to construct the sewerline in the dry, temporary stream crossings, sewerline/waterline installation, and bank stabilization. The project also proposes six permanent stream crossing, resulting in 124 liner feet of permanent stream impacts. Please see the Avoidance and Minimization Section for more information regarding the permanent stream crossings. The detail for the permanent ford is included in the Attachment G. All areas disturbed by the work shall stabilized. See Sheet D1 for the bank stabilization detail (Attachment G). Wetland Impacts (M-WI — M-W9) The proposed permanent impacts to jurisdictional wetlands within Mallard Creek Reuse Line project total approximately 0.514 acre. The proposed temporary impacts total 0.425 acre. All wetland crossings will be constructed via open trench. Page 5 of 20 PCN Form — Version 1.4 January 2009 Permanent impacts are the result of a permanently maintained easement through forested wetlands where forested wetland will be mechanically cleared and permanently converted to maintained herbaceous wetland. Wetlands crossed to access the new easements will be protected with timber mats. All impacted areas will be returned to their pre -construction grades. Restoration of Forested Wetlands within Temporary Construction Corridor All disturbed areas will be returned to original grade and seeded with a native seed mix within 90 days of completion of the project." The seed mixture will not contain fescue. Planting of canopy and shrub species is not proposed. The undisturbe canopy and shrub species abutting the project corridor will naturally reseed the non -maintained portions of the corridor and will provide an assortment of existing and diverse native vegetation that matches the abutting species. Construction equipment used will generally consist of track hoe excavators, track loaders, rubber tire loaders, off road dump trucks, track crane, trench boxes, air compressors, generators, work trucks, and bypass pumps for the water diversion. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by ❑x Yes ❑ No ❑ Unknown the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: See the 4d 4b. If the Corps made the jurisdictional determination, what ❑x PreliminaryEl Final type of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: Hazen and Sawyer Page 6 of 20 PCN Form — Version 1.4 January 2009 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Wetland delineation for the Mallard Creek Reuse Line easement was submitted to the USACE by Hazen and Sawyer on February 27, 2019 (SAW-2018-01351). No jurisdictional determination has been issued at the date of this submittal. This PCN includes a wetland delineation for the Toby Creek Outfall study area. No additional Jurisdictional Determination is requested at this time. 5. Project History 5a. Have permits or certifications been requested or obtained ❑x Yes ❑ No ❑ Unknown for this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. On behalf of Charlotte Water, Hazen and Sawyer submitted a Nationwide Permit No 12 and Water Quality Certification # 4133 application to USACE and NCDEQ (SAW-2018-01351; DWQ 19-0265). No permits have been issued to this date. This submittal will include the previously submitted Mallard Creek Reuse Line portion combined with the Toby Creek Outfall Improvements project. 6. Future Project Plans 6a. Is this a phased project? ❑x Yes ❑ No 6b. If yes, explain. The Toby Creek Outfall Improvements Phases II and III will likely occur within the next decade, but after the current Nationwide Permits have expired. The easement location for these phases have not been determined yet. See the overview in the Attachment F for the approximate location of the future phases. Page 7 of 20 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): 0 Wetlands 0 Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Area Wetland Type of impact Type of wetland Forested Type of jurisdiction of impact Corps (404,10) or impact number DWQ (401, other) (acres) Permanent (P) or Temporary (T) T-W1 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.003 installation T-W2 T Temporary Construction Access Bottomland Hardwood No Corps 0.077 T-V\/3 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.240 installation T-W4 T Temporary clearing for construction Bottomland Hardwood Yes Corps 0.057 T-W5 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.002 installation T-W6 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.300 installation T-W7 T Temporary clearing for construction Bottomland Hardwood Yes Corps 0.14 T-W8 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.039 installation T-W9 T Temporary clearing for construction Bottomland Hardwood Yes Corps 0.001 T-W10 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.085 installation T-W11 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.010 installation T-W12 T Temporary clearing for construction Bottomland Hardwood Yes Corps 0.001 M -W1 T Temporary clearing Bottomland Hardwood Yes Corps 0.089 M-V\/2 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.106 installation M-W3 T Temporary clearing Bottomland Hardwood Yes Corps 0.081 M-W4 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.093 installation M-W5 T Temporary clearing Bottomland Hardwood Yes Corps 0.109 M-W6 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.132 installation M-W7 T Temporary clearing Bottomland Hardwood Yes Corps 0.146 M-W8 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.123 installation M-V\/9 p Permanent clearing and utility line Bottomland Hardwood Yes Corps 0.06 installation 2g. Total Wetland Impacts: 1.814 ac. Page 8 of 20 PCN Form — Version 1.4 January 2009 2h. Comments: Toby Creek Outfall: 1) Temporary impacts to herbaceous wetlands: 0.077 ac. 2) Temporary impacts to forested wetland: 0.119 ac. 3) Permanent impacts to forested wetlands: 0.679 ac. Mallard Creek Reuse Line: 1) Temporary impacts to herbaceous wetlands: N/A 2) Temporary impacts to forested wetland: 0.425 ac. 3) Permanent impacts to forested wetlands: 0.514 ac. All permanent impacts due to conversion from forested to herbaceous wetlands. No permanent loss of water. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream Type of impact Stream name Perennial (PER) or Type of Average Impact impact intermittent (INT)? jurisdiction stream length number width (linear Permanent (feet) feet) (P) or Temporary (T) T-S1 T Utility line Installation Mallard Creek PER Corps 15 61 T-S2 T Utility line Installation Stream G INT Corps 3 64 T-S3 T Utility line Installation Toby Creek PER Corps 20 40 T-S4 T Utility line Installation Stream F PER Corps 3 60 T-S5 T Utility line Installation Stream D PER Corps 5 68 T-S6 T Utility line Installation Toby Creek PER Corps 20 40 T-S7 T Utility line Installation Stream C PER Corps 4 78 T-S8 T Utility line Installation Toby Creek PER Corps 20 30 T-S9 T Utility line Installation Stream B INT Corps 3 86 T-S10 T Utility line Installation Toby Creek PER Corps 20 40 T-Si1 T Utility line Installation Stream A PER Corps 7 74 T-S12 T Utility line Installation Toby Creek PER Corps 20 42 T-S13 T Construction Access Stream H INT Corps 3 45 M-Si T Utility line Installation Mallard Creek PER Corps 39 36 M-S2 T Utility line Installation Stream S-2 INT Corps 8 21 M-S3 P Permanent Ford Stream S-2 INT Corps 8 16 M-S4 T Utility line Installation Stream S-3 PER Corps 4 25 M-S5 P Permanent Ford Stream S-3 PER Corps 4 27 M-S6 T Utility line Installation Stream S-4 PER Corps 42 37 M-S7 T Utility line Installation Stream S-5 INT Corps 8 115 M-S8 P Permanent Ford Stream S-5 INT Corps 7 25 M-S9 T Utility line Installation Stream S-6 INT Corps 3 30 M-S10 P Permanent Ford Stream S-6 INT Corps 3 16 M-Si1 T Utility line Installation Stream S-7 INT Corps 8 38 M-S12 P Permanent Ford Stream S-7 INT Corps 8 23 Page 9 of 20 PCN Form — Version 1.4 January 2009 M-S13 T Utility line Installation Stream S-8 PER Corps 37 37 M-S14 T Utility line Installation Stream S-9 INT Corps 8 23 M-S15 P Permanent Ford Stream S-9 INT Corps 8 17 3h. Total stream and tributary impacts 1,214 If 3i. Comments: Toby Creek Outfall: Temporary stream impacts: 728 If (dewatering systems, open trench sewer line installation, and bank stabilization) Mallard Creek Reuse Line: Temporary stream impacts: 362 If (dewatering systems, open trench sewer line installation, and bank stabilization) Permanent stream impacts: 124 If (permanent fords) Page 10 of 20 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose One Choose 02 - Choose One Choose 03 - Choose One Choose 04 - Choose One Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose One P2 Choose One 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number- Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 11 of 20 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project ,voidance of all impacts is possible only with a no -build alternative, which does not meet the need of the project. During design, ie project corridor was positioned to avoid jurisdictional wetlands, where feasible. However, as the project location is dictated by xisting utility infrastructure and surrounding development, including UNC Charlotte facilities, greenway, etc., avoiding the streams nd wetland within the project corridor is not feasible. Stream crossings were designed to reduce the limits of disturbance. All rossings are designed to be within 15 degrees of perpendicular. 'ermanent subsurface fords were designed to allow access to the pipe corridor while providing for a natural streambed. 'ermanent stream crossings are limited to six. The need for each permanent ford is described below. npact M-S3, Permanent Ford: This stream crossing is currently active and providing a permanent ford at this location will revent streambed degradation during continued use of the crossing for access. Since the stream crossing occurs on property iat is an active quarry, access through the quarry for inspection and repair of the pipe is not feasible. Additionally, since 1-485 isects the project corridor between Pavilion Boulevard and the second pipe crossing of Mallard Creek, Charlotte Water has quested access to the pipe corridor on either side of 1-485. npact M-S5, Permanent Ford: This stream crossing is currently active and providing a permanent ford at this location will revent streambed degradation during continued use of the crossing for access. Since the stream crossing occurs on property iat is an active quarry, access through the quarry for inspection and repair of the pipe is not feasible. npact M-S8, Permanent Ford: This is an active access point and is noted on the plans as Access Point 6. Construction of a ew access road to avoid a permanent crossing at Stream S-4 is anticipated to result in impacts to jurisdictional areas in excess f proposed impacts due to streams and wetlands in proximity to the corridor. Providing a permanent ford at this location will revent streambed degradation during continued use of the crossing for access. npact M-S10, Permanent Ford: Access from Highway 29 will not be allowed by NCDOT due to high traffic volume. However, if ccess was from Highway 29 on the north side of the Duke Energy transmission line, a new permanent access easement that arallels and is outside of the existing Duke Energy easement would be required. The area in which the access easement would e located consists of a forested wetland that would be converted to an access road. access was obtained on the south side of the Duke Energy transmission line, the access corridor would follow the existing anitary sewer easement, which would end the new permanent access between two streams (Streams S-6 and S-7). The reuse ipe corridor crosses both Streams S-6 and S-7 versus crossing downstream below the confluence of the two streams due to a iture gravity sewer being installed between the reuse line described herein and an existing sanitary sewer. npact M-S12, Permanent Ford: Same as Permanent Impact Justification for M-S10. npact M-S15, Permanent Ford: Due to the pipe corridor being between Mallard Creek and a UT to Mallard Creek, it is not �asible to have permanent access to the reuse pipe without crossing either Mallard Creek, which is not feasible due to the teepness of the stream banks, or the UT to Mallard Creek, which is proposed. Page 12 of 20 PCN Form — Version 1.4 January 2009 1 b. 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. Anti -seep collars ill be installed at the downstream wetland boundary and every 150 feet up the gradient until the relief sewer exits the wetland. II channel work will be constructed in the dry in accordance with Water Quality Certification No. 4133. II impacted areas will be returned to their pre -impact grades. All impacted stream banks shall be permanently stabilized with matting, seeding, and livestaking. No rip rap will be utilized for bank stabilization. Impacts to jurisdictional areas during construction will be limited to the extent feasible by performing as much work as is possible from upland areas. In areas of impact, silt fencing will be placed upgradient of the jurisdictional areas and all construction activity ill be performed upgradient of the silt fencing. All disturbed areas will be returned to original grade and seeded with a native seed mix within 90 days of completion of the project. Timber mats will be used where appropriate in wetland areas. Excavation of he pipe trench will be performed as prescribed by the USACE in jurisdictional areas and side casting of excavated material into abutting wetland areas will be avoided to the extent feasible. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑x Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑x Corps ❑x Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑x Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: City of Charlotte Umbrella Stream and Wetland Mitigation Bank Page 13 of 20 PCN Form — Version 1.4 January 2009 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Type: Choose One Type: Choose One Quantity: 0.94 Quantity: Quantity: 3c. Comments: Charlotte Water proposes purchasing the required compensatory mitigation credits from City of Charlotte Umbrella Stream and Wetland Mitigation Bank and Division of Mitigation Services (DMS) in -lieu fee program. DMS credits will be used to supplement as the Umbrella Mitigation bank does not have all the required credits within the service area. The credit reservation letters are included in Attachment I. 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. 0 Yes 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: Choose One 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.586 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes N No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Zone 2 6f. Total buffer mitigation required: Page 14 of 20 PCN Form — Version 1.4 January 2009 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 15 of 20 PCN Form — Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes 0 No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <24 % 2b. Does this project require a Stormwater Management Plan? ❑ Yes N No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Amount of impervious surface does not change significantly. 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties El HQWEl 4a. Which of the following state -implemented stormwater management programs apply ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 16 of 20 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑x Yes ❑ No use of public (federal/state) land? 1 b. 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 ❑ Yes ❑x No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑x No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑x No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ❑x No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Page 17 of 20 PCN Form — Version 1.4 January 2009 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project includes a sewerline construction project. Page 18 of 20 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑x Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes 0 No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? To determine which protected species are listed as occurring or potentially occurring within the project vicinity, and prior to conducting the on -site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County. Additionally, CWS completed a protected species habitat assessment within the project area on August 20, and October 23 and 29, 2019. The Protected Species Habitat Assessment is included as Attachment H. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes N No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries: http://www.habitat.noaa.gov/protection/efh/habitatmapper.htmi 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 ❑ Yes N No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? CWS consulted the SHPO online GIS service. The search indicated there are no known historical structures, buildings, sites, or districts existing within the project limits. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? N Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Except for concrete vaults that contain combination air release and vacuum valves, the project does not include aboveground infrastructure that will reduce the flood capacity of the stream. The project has been designed and will be constructed to avoid Page 19 of 20 PCN Form — Version 1.4 January 2009 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Map No. 3710458800K, 3710458700L, 3710458600L 6.5.20 Ms. Aliisa Harjuniemi ' �J� Applicant/Agent's Signature (Agent's Applicant/Agent's Printed Name signature is valid only if an authorization letter Date from the applicant is provided.) Page 20 of 20 PCN Form — Version 1.4 January 2009