20201296 Ver 1_401 Application_20201202

Pre-Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 26, 2020 Ver 3.3
1a. Name of proje ct:
1a. Who is the Primary Contact?
1b. Primary Contact Email:1c. Primary Contact Phone :
Site Coordinates
Latitude :Longitude :
County (or Countie s) where the proje ct is locate d:
Ne are st Body of Wate r
Is this a NCDM S Proje ct *
Is this project a public transportation project?
1a. Type (s) of approv al sought from the Corps:
Has this PCN pre v iously be e n submitte d?*
1b. What type (s) of pe rmit(s) do you wish to se e k authorization?
1c. Has the NWP or GP numbe r be e n v e rifie d by the Corps?
Nationwide Pe rmit (NWP) Numbe r:
NWP Numbe rs (for multiple NWPS):
1d. Type (s) of approv al sought from the DWR:
Pre-Filing Meeting Information
Cross Charlotte Trail - Davidson to Matheson
Joe Frey, PE
[e-mail] [phone]
35.241043 -80.814736
A. Processing Information
Mecklenburg
Yes No
Yes No
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Yes
No
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
Yes No
14 - Linear transportation
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual Permit
ID#Ve rsion
Pre -fling M e e ting or Re que st Date *
20201296 1
1e . Is this notification sole ly for the re cord be cause writte n approv al is not re quire d?
For the re cord only for DWR 401 Ce rtification:
For the re cord only for Corps Pe rmit:
1f. Is this an afte r-the -fact pe rmit application?
1g. Is payme nt into a mitigation bank or in-lie u fe e program propose d for mitigation of impacts?
Acce ptance Le tte r Attachme nt
1h. Is the proje ct locate d in any of NC's twe nty coastal countie s?
1j. Is the proje ct locate d in a de signate d trout wate rshe d?
1d. Who is applying for the pe rmit?
1e . Is the re an Age nt/Consultant for this proje ct?*
2. Owner Information
4. Agent/Consultant (if applicable)
Attach docume ntation of Pre -Filing M e e ting Re que st he re :*
9/29/2020
20201030_DWR Pre-Filing Meeting Request Form.pdf 56.87KB
Yes No
Yes No
Yes No
Yes No
10a_2020-10-12 XCLT D2M CRL.pdf 73.29KB
Yes No
Yes No
B. Applicant Information
Owner Applicant (other than
owner)
Yes No
2a. Name (s) on re corde d de e d:
2b. De e d book and page no.:
2c. Re sponsible party:
2d. Addre ss
2e . Te le phone Numbe r:2f. Fax Numbe r:
2g. Email Addre ss:*
City of Charlotte
Joe Frey, PE
City
Charlotte
State / Province / Region
NC
Postal / Zip Code
28202
Country
USA
Street Address
600 East Fourth St
Address Line 2
[phone]
[e-mail]
4a. Name :
4b. Business Name :
4c. Addre ss
Chris Tinklenberg, PWS
Kimley-Horn and Associates
1b. Subdivision name :
1c. Ne are st municipality / town:
2a. Prope rty Identification Numbe r:2b. Prope rty size :
2c. Proje ct Addre ss
3. Surface Waters
3a. Name of the ne are st body of wate r to propose d proje ct:
3b. Wate r Re source s Classification of ne are st re ce iv ing wate r:*
3d. Ple ase prov ide the 12-digit HUC in which the proje ct is locate d.
3c. What riv e r basin(s) is your proje ct locate d in?*
4. Project Description and History
4a. De scribe the e xisting conditions on the site and the ge ne ral land use in the v icinity of the proje ct at the time of this application:*
4b. Hav e Corps pe rmits or DWR ce rtifications be e n obtained for this project (including all prior phase s) in the past?*
4d. Attach an 8 1/2 X 11 e xce rpt from the most re ce nt v e rsion of the USGS topographic map indicating the location of the proje ct site . (for DWR)
4e . Attach an 8 1/2 X 11 e xce rpt from the most re ce nt v e rsion of the publishe d County NRCS Soil Surv e y map de picting the proje ct site . (for DWR)
4f. List the total e stimate d acre age of all e xisting we tlands on the prope rty:
4g. List the total e stimate d line ar fe e t of all e xisting stre ams on the prope rty:
4d. Te le phone Numbe r:4e . Fax Numbe r:
4f. Email Addre ss:*
Age nt Authorization Le tter *
City
Charlotte
State / Province / Region
NC
Postal / Zip Code
28202
Country
USA
Street Address
200 South Tryon St
Address Line 2
Suite 200
[phone]
[e-mail]
Agent_Authorization.pdf 257.29KB
C. Project I nformation and Prior Project History
1. Project Information
(if appropriate)
Charlotte
2. Project Identification
1.7
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Little Sugar Creek
C
030501030102
Catawba
The project corridor is located along an abandoned railroad right-of-way between E 24th Street and Jordan Place within
the urbanized Little Sugar Creek (LSC) watershed. Two streams, Little Sugar Creek (S1) and UT to Little Sugar Creek
(S2) are present on-site. Surrounding the creeks and the project corridor are commercial and retail properties and multifamily
residences.
Yes No Unknown
XCLT_D2M_Fig2_Topo.pdf 1.02MB
XCLT_D2M_Fig3_SSURGO_Soils.pdf 2.81MB
0
140
4h. Explain the purpose of the propose d proje ct:*
4i. De scribe the ov e rall proje ct in de tail, including indirect impacts and the type of e quipme nt to be use d:*
4j. Ple ase upload proje ct drawings for the propose d proje ct.
5. Jurisdictional Determinations
5a. Hav e the we tlands or streams be e n de line ate d on the prope rty or propose d impact are as?*
Comme nts:
5b. If the Corps made a jurisdictional de te rmination, what type of de te rmination was made ?*
Corps AID Numbe r:
5c. If 5a is ye s, who de line ate d the jurisdictional are as?
Name (if known):
Age ncy/Consultant Company:
Othe r:
5d1. Jurisdictional de te rmination upload
6. Future Project Plans
6a. Is this a phase d proje ct?*
7b. If ye s, e xplain.
Are any othe r NWP(s), re gional ge ne ral pe rmit(s), or indiv idual pe rmits(s) use d, or intende d to be use d, to authorize any part of the propose d project or re lated activ ity?
1. Impacts Summary
1a. Whe re are the impacts associate d with your proje ct? (che ck all that apply):
3. Stream Impacts
3a. Reason for impact *(?)3b.Impact type *3c. Type of impact *3d. S. name *3e . Stre am Type *
(?)
3f. Type of
Jurisdiction *
3g. S. width *3h. Impact
le ngth *
S1
S2
S3
The purpose of this project is to construct an approximately 0.31-mile multi-use trail on new location. The trail width
ranges from 12-foot to 16-foot at various locations throughout the trail alignment. The project also includes the
replacement of an abandoned railroad spur timber bridge structure with a 12' x 6' reinforced concrete box culvert.
The project will tie into an existing concrete sidewalk at the intersection of E 24th St and N Davidson St and continue to E
25th St. The project corridor continues across N Davidson St from E 25th St, along an abandoned railroad right-of-way, and
ends at the 25th St light rail station. The new greenway seeks to create/enhance neighborhood connectivity, provide safe
bicycle and pedestrian access to the NODA area, as well as provide street access.
In addition to the proposed asphalt and concrete greenway, ranging from 12’ wide to 16’ wide, an abandoned railroad spur
timber bridge structure will be replaced with a 12’ x 6’ reinforced concrete box culvert. General construction equipment
includes, but are not limited to, bulldozers, excavators, front-end loaders, etc. will be used for construction purposes.
XCLT D2M Final Plans -11162020_11x17.pdf 28.06MB
Yes No Unknown
Preliminary Approved Not Verified Unknown N/A
Yes No
When complete, the Cross-Charlotte Trail will include 26 miles of trail and connectors. Currently, half of the overall trail is in
design or under construction. Per coordination with USACE and NCDWR, any impacts associated with future phases of the
project require compensatory mitigation; therefore, compensatory mitigation is proposed as part of this project. The City of
Charlotte will continue to address future phases of the project and mitigation requirements associated with those phases with
USACE and NCDWR when necessary.
D. Proposed Impacts Inventory
Wetlands Streams-tributaries Buffers
Open Waters Pond Construction
S1 - Impact 1 Permanent Rip Rap Fill S1 - Little Sugar Creek Perennial Both 14
Average (feet)
8
(linear feet)
S1 - Impact 2 Permanent Rip Rap Fill S1 - Little Sugar Creek Perennial Both 14
Average (feet)
7
(linear feet)
S1 - Impact 3 Permanent Rip Rap Fill S1 - Little Sugar Creek Perennial Both 14
Average (feet)
7
(linear feet)
S4
S5
S6
3i. Total jurisdictional ditch impact in square fe e t:
3i. Total pe rmane nt stre am impacts:3i. Total te mporary stre am impacts:
3i. Total stre am and ditch impacts:
3j. Comme nts:
1. Avoidance and Minimization
1a. Spe cifically de scribe me asure s take n to av oid or minimize the propose d impacts in de signing the proje ct:
1b. Spe cifically de scribe me asure s take n to av oid or minimize the propose d impacts through construction te chnique s:
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Doe s the proje ct re quire Compe nsatory M itigation for impacts to Wate rs of the U.S. or Wate rs of the State ?
2c. If ye s, mitigation is re quire d by (che ck all that apply):
2d. If ye s, which mitigation option(s) will be use d for this proje ct?
3. Complete if Using a Mitigation Bank
3a. Name of M itigation Bank:
3b. Cre dits Purchase d/Requeste d (attach re ce ipt and le tte r)
Type :Quantity:
Attach Re ce ipt and/or le tter
3c. Comme nts
S2 - Impact 4 Permanent Culvert S2 - UT To Little Sugar
Creek
Perennial Both 8
Average (feet)
22
(linear feet)
S2 - Impact 5 Temporary Dewatering S2 - UT To Little Sugar
Creek
Perennial Both 8
Average (feet)
30
(linear feet)
S2 - Impact 6 Temporary Dewatering S2 - UT To Little Sugar
Creek
Perennial Both 8
Average (feet)
28
(linear feet)
0
44 58
102
The overall project includes the construction of a 0.31-mile multi-use trail on new location. The trail width ranges from 12-foot to 16-foot at various
locations throughout the trail alignment. Authorization is requested under NWP 14 to replace an existing abandoned railroad spur timber bridge with a
12-foot by 6-foot reinforced concrete box culvert as well as the installation of riprap outlet protection below the OHWM of Little Sugar Creek at three
(3) stormwater outfalls.
Riprap outlet protection is necessary in order to meet non-erosive design criteria. Lengths and widths of outlet protection have been minimized to the
greatest extents practicable. The careful placement of the outfalls will impact Little Sugar Creek below the plane of the OHWM but is necessary to
prevent future bank instability and erosion. Riprap aprons at each impact location will be installed so that the finished elevation of the riprap does not
exceed that of the existing channel bed elevation along Little Sugar Creek (S1). 22 linear feet (LF) of permanent – no net loss impacts to potential
non-wetland waters of the
US is proposed as a result of the riprap outlet protection.
An existing abandoned railroad spur timber bridge over S2 will be removed and replaced with a 12-foot by 6-foot reinforced concrete box culvert. The
culvert has been designed and will be installed in such a manner that the original stream profile will not be altered. 22 LF of permanent impacts to
potential non-wetland waters of the US is proposed as a result of the culvert installation. A pumped stream diversion operation will be utilized
consisting of an upstream impervious dike, pump and downstream rock silt check to perform the culvert installation activities in dry conditions. The
pumped stream diversion
operation will result in 58 LF of temporary impacts to potential non-wetland waters of the US.
Overall, impacts associated with the construction of the greenway will result in 44 linear feet of permanent impacts to potential non-wetland waters of
the US and 58 LF of temporary impacts to potential non-wetland waters of the US.
E. Impact Justification and Mitigation
The alignment of the Cross City Charlotte Trail utilizes existing right-of-way and replaces an existing timber bridge, thus minimizing additional impacts
to jurisdictional areas.
A temporary stream diversion operation will be utilized on S2 to create a dry work area to facilitate the removal of the existing abandoned railroad spur
timber bridge structure and installation of the reinforced concrete box culvert. A pumped stream diversion operation will be utilized consisting of an
upstream impervious dike, pump and downstream rock silt check. All temporary impacts and disturbed areas will be returned to pre-construction
conditions upon completion of the activities.
Yes No
DWR Corps
Mitigation bank Payment to in-lieu fee
program
Permittee Responsible
Mitigation
City of Charlotte Stream and Wetland Bank
Stream 22 LF
1. Diffuse Flow Plan
1a. Doe s the proje ct include or is it adjace nt to prote cte d riparian buffers ide ntifie d within one of the NC Riparian Buffe r Prote ction Rule s?
If no, e xplain why:
2. Stormw ater Management Plan
2a. Is this a NCDOT proje ct subje ct to compliance with NCDOT’s Indiv idual NPDES pe rmit NCS000250?*
2b. Doe s this proje ct me e t the re quire me nts for low de nsity proje cts as de fine d in 15A NCAC 02H .1003(2)?
Local Gov e rnme nt Stormwate r Programs
Ple ase ide ntify which local gov e rnme nt stormwate r program you are using.
Comme nts:
1. Environmental Documentation
1a. Doe s the proje ct inv olv e an e xpe nditure of public (fe de ral/state /local) funds or the use of public (fe de ral/state ) land?*
2. Violations (DWR Requirement)
2a. Is the site in v iolation of DWR Wate r Quality Ce rtification Rule s (15A NCAC 2H .0500), Isolate d We tland Rule s (15A NCAC 2H .1300), or DWR Surface Wate r or We tland Standards or
Riparian Buffe r Rule s (15A NCAC 2B .0200)?*
3. Cumulative Impacts (DWR Requirement)
3a. Will this proje ct re sult in additional de v e lopme nt, which could impact ne arby downstre am wate r quality?*
3b. If you answe re d “no,” prov ide a short narrativ e de scription.
4. Sewage Disposal (DWR Requirement)
4a. Is se wage disposal re quire d by DWR for this proje ct?*
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this proje ct occur in or ne ar an are a with fe de rally prote cte d spe cie s or habitat?*
5b. Hav e you che cke d with the USFWS conce rning Endange re d Spe cie s Act impacts?*
5c. If ye s, indicate the USFWS Fie ld Office you hav e contacte d.
5d. Is anothe r Fe de ral age ncy inv olv e d?*
5e . Is this a DOT proje ct locate d within Div ision's 1-8?
Impact 2 (S2)
Span Replacement
22 LF - Permanent
F. Stormwater M anagement and Diffuse Flow Plan (required by DWR)
Yes No
Yes No
Yes No
Phase II NSW USMP Water Supply
City of Charlotte
This project is a linear facility and Little Sugar Creek has been grandfathered, therefore, the project is being treated as one
facility and is not subject to the additional impervious built upon area requirements.
G. Supplementary Information
Yes No
Yes No
Yes No
Yes No N/A
Yes No
Yes No
Asheville
Yes No Unknown
5f. Will you cut any tre e s in orde r to conduct the work in wate rs of the U.S.?
5g. Doe s this proje ct inv olv e bridge mainte nance or re mov al?
5h. Doe s this proje ct inv olv e the construction/installation of a wind turbine (s)?*
5i. Doe s this proje ct inv olv e (1) blasting, and/or (2) othe r pe rcussiv e activitie s that will be conducte d by machine s, such as jackhamme rs, me chanize d pile driv e rs, e tc.?
5j. What data source s did you use to de te rmine whe the r your site would impact Endange re d Spe cie s or De signate d Critical Habitat?*
Consultation Docume ntation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this proje ct occur in or ne ar an are a de signate d as an Esse ntial Fish Habitat?*
6b. What data source s did you use to de te rmine whe the r your site would impact an Esse ntial Fish Habitat?*
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this proje ct occur in or ne ar an are a that the state , fe de ral or tribal gov e rnme nts hav e de signate d as hav ing historic or cultural pre se rv ation status?*
7b. What data source s did you use to de te rmine whe the r your site would impact historic or arche ological re source s?*
7c. Historic or Pre historic Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this proje ct occur in a FEM A-designate d 100-ye ar floodplain?*
8b. If ye s, e xplain how proje ct me e ts FEM A require me nts:
8c. What source (s) did you use to make the floodplain de te rmination?*
Comme nts
M isce llane ous attachme nts not pre v iously re que ste d.
*
· The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief’; and
· The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
Yes No
Yes No
Yes No
Yes No
Yes No
A review of the North Carolina Natural Heritage Program (NCNHP) database on October 2, 2020, did not indicate known occurrences of threatened or
endangered species within the project boundary. Additionally, pedestrian surveys conducted by Kimley-Horn on October 3, 2020, did not identify any
occurrences of protected species within the property boundary. A concurrence request letter was submitted to the USFWS on October 9, 2020. A
response by USFWS was received on November 16, 2020 confirming a “may affect, not likely to adversely affect determination” (See attached NCNHP
Letter, USFWS Concurrence Request, and USFWS Response).
9b_20201116_USFWS_Response_21-032 Cross Charlotte Trail; Mecklenburg Co (KQ-BH).pdf 321.73KB
Yes No
NCNHP element occurrence database did not indicate the presence of EFH within the project boundary.
Yes No
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on October 2, 2020. No documented
architectural, historic, or archaeological sites of significance within the project boundary were identified. A request letter was submitted to SHPO to
determine the presence of archeological, cultural, or historic resources on November 16, 2020. At the time of this report, a response has not been
received. A copy of the request is attached.
9c_20201116_SHPO_D2M_Request.pdf 4.88MB
Yes No
A flood impact analysis report, no-impact certification, and individual floodplain development permit will be submitted to Mecklenburg County for review
and approval prior to construction/restoration activities. The results of the flood impact analysis show that there is no net increase in base flood
elevations.
FIRM Panel 3710455400K
M iscellaneous
A blank Agent Authorization form was uploaded to include Agent contact information. The City of Charlotte does not provide Agent Authorizations to consultants for their projects.
S1 - Impact 1 and S1 - Impact 3 are 7.5 LF. The table did not allow for decimals.
00_20201116_XCLT_D2M_PCN.pdf 36.66MB
Signature
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 :*
Signature
Date
Chris Tinklenberg
11/30/2020