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HomeMy WebLinkAbout20201635 Ver 1_ePCN Application_20201211 I I DWR Division of Water Resources Pre-Construction Notification (PCN) Form October 26,2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* 0 Yes r No Change only if needed. BIMS#Assigned* Version#* 20201635 1 Is a payment required for this project?* 6 No payment required ✓ Fee received Reviewing Office* ✓ Fee needed-send electronic notification Mooresville Regional Office-(704)663-1699 Select Project Reviewer* Donna Hood:eads\drhood Information for Initial Review 1a.Name of project: Ardrey Kell Sidewalk Connector Project 1a.Who is the Primary Contact?* Helen Simonson lb.Primary Contact Email:* 1c.Primary Contact Phone:* helen.simonson@ci.charlotte.nc.us (704)564-7657 Date Submitted 12/11/2020 Nearest Body of Water Flat Branch Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.043897 -80.791390 Pre-Filing Meeting Information ID# Version 20201635 Pre-fling Meeting or Request Date* 11/13/2020 Attach documentation of Pre-Filing Meeting Request here:* DWR Pre-Filing Meeting Request Form.pdf 52.24KB A. Processing Information C^U County(or Counties)where the project is located: Mecklenburg Is this a NCDMS Project C- Yes f No Is this project a public transportation project?* 6 Yes r No Is this a NCDOT Project?* C- Yes f No 1a.Type(s)of approval sought from the Corps: [7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) n Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* C- Yes ✓ No lb.What type(s)of permit(s)do you wish to seek authorization? 7 Nationwide Permit(NWP) n Regional General Permit(RGP) n Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? C Yes G No Nationwide Permit(NWP)Number: 18-Minor Discharges NWP Numbers(for multiple NWPS): Id.Type(s)of approval sought from the DWR: 17 401 Water Quality Certification-Regular n 401 Water Quality Certification-Express n Non-404 Jurisdictional General Permit n Riparian Buffer Authorization n Individual Permit le.Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: t Yes C- No For the record only for Corps Permit: C Yes 6 No lf.Is this an after-the-fact permit application?* C- Yes (R No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? C Yes 6' No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? C- Yes C- No Acceptance Letter Attachment Ih.Is the project located in any of NC's twenty coastal counties? C Yes 6' No 1j.Is the project located in a designated trout watershed? C- Yes f No B. Applicant Information 1d.Who is applying for the permit? n Owner 17 Applicant(other than owner) le.Is there an Agent/Consultant for this project?* 6 Yes C- No 2.Owner Information 2a.Name(s)on recorded deed: CDOT Right of Way 2b.Deed book and page no.: 2c.Responsible party: City of Charlotte 2d.Address Street Address 600 East Fourth Street Address Line 2 (7ly State/Province/legion Charlotte NC Postal/Zip Code Country 28202 USA 2e.Telephone Number: 2f.Fax Number: (704)564-7657 2g.Email Address:* helen.simonson@ci.charlotte.nc.us 3.Applicant Information(if different from owner) 3a.Name: City of Charlotte 3b.Business Name: 3c.Address Street Address 600 East Fourth Street Address Line 2 Oty State/Province/legion Charlotte NC Postal/Zip Code Country 28202 USA 3d.Telephone Number: 3e.Fax Number: (704)564-7657 3f.Email Address:* helen.simonson@ci.charlotte.nc.us 4.Agent/Consultant(if applicable) 4a.Name: Suzanne Knudsen 4b.Business Name: S&ME,Inc. 4c.Address Street Address 9751 Southern Pine Blvd Address Line 2 !ty State/Province/legion Charlotte NC Postal/Zip Code Country 28273 USA 4d.Telephone Number: 4e.Fax Number: (704)523-4726 4f.Email Address:* sknudsen@smeinc.com Agent Authorization Letter* AgentAuthNote.pdf 71.18KB C. Project Information and Prior Project History v 1. Project Information lb.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Charlotte 2. Project Identification 2a.Property Identification Number: 2b.Property size: DOT ROW 1.57 acres(LOD) 2c.Project Address Street Address 11833 Tom Short Road Address Line 2 Oty State/Rovince/Fegion Charlotte NC Fbstal/ZZp Code Country 28277 USA 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Flat Branch 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. 030501030203 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 corridor is entirely within the cleared and maintained DOT right-of-way(ROW)along the northwest side of Ardrey Kell Road.Adjacent to the ROW is Mecklenburg County's Flat Branch Nature Preserve,including wooded and open field areas.An area adjacent to the project is also fenced off by the County as wildlife/pollinator habitat.In addition to Flat Branch Nature Preserve,land use within the vicinity of the project corridor is largely residential and institutional(Polo Ridge Elementary School). 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* r Yes F 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) 2_USGS TOPO.pdf 908.98KB 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) 5_SOILS.pdf 630.64KB 4f.List the total estimated acreage of all existing wetlands on the property: 0.01 Acres within the proposed LOD 4g.List the total estimated linear feet of all existing streams on the property: 0 4h.Explain the purpose of the proposed project:* The purpose of the proposed project is to extend an existing sidewalk along Ardrey Kell road for approximately 2,400 feet to connect to existing sidewalks on Tom Short Road and along Ardrey Kell Road on the west side of Tom Short.The project will also include new curb installation,addition of storm drainage features,and the installation of a 5'bike lane. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The projects involves installation of approximately 2,400 If of 6'-wide concrete sidewalk,and the associated grading to provide the appropriate surface for this sidewalk.Additionally,new curb will be installed along with storm drainage features.New cast-in-place headwall outfalls will also be installed at the ends of existing storm water culverts that outfall along the northwest side of the project area.Additionally,asphalt areas of Ardrey Kell Road will be modified and extended to allow for the addition of a 5'-wide bike lane.Typical grading and paving equipment will be used.All work will occur within existing CDOT ROW. 4j.Please upload project drawings for the proposed project. 3_SiteMap.pdf 1.69MB 4_Impacts.pdf 1.33MB Ardrey Kell Sidewalk Final Submital Package.pdf 12.95MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* s Yes r No C Unknown Comments: Project area was included in an-7.3 acre JD review performed in July of 2019 that was not submitted for USACE verification 5b.If the Corps made a jurisdictional determination,what type of determination was made?* r Preliminary r Approved 6' Not Verified r Unknown r N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): D.David Homans Agency/Consultant Company: S&ME Inc. Other: 5d1.Jurisdictional determination upload ArdreyKellSidewalkJDApp_A_Prelim_JD_Form_fillable.pdf 155.4KB ArdreyKellSidewalkJDAttachments.pdf 6.11MB ArdreyKellSidewalkJDFINALSAW-JD-REQUEST-FORM.pdf 208.93KB 6. Future Project Plans 6a.Is this a phased project?* (' Yes f 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 project or related activity? No-project is connecting existing sidewalks/bike lanes and is not part of any other development project. D. Proposed Impacts Inventory 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): fJ Wetlands r Streams-tributaries r Buffers r Open Waters r Pond Construction 2.Wetland Impacts 2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of 2g.Impact Jurisdicition*(?) area* 1 grading/outfall P Small-Basin Wetland WETLAND B No Both 0.010 installation (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.000 0.010 2g.Total Wetland Impact 0.010 2h.Comments: Minor fills will occur along existing outfall areas due to the installation of new pipe outlet headwalls and incidental grading necessary to tie in the sidewalk area to existing grades.Little to no clearing will be required as all impacts are located in existing maintained ROW.Fills are not expected to exceed 25 yd'within wetland areas. E. Impact Justification and Mitigation 1.Avoidance and Minimization 1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Project was designed to be contained within the existing maintained DOT ROW.Cast headwalls were employed at the end of existing pipes to allow for additional adjacent fill without extending fill into wetland areas. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction,appropriate sediment and erosion control practices equaling those outlined in the most recent version of the"North Carolina Sediment and Erosion Control Planning and Design Manual"will be used to minimize impacts to the wetlands.High hazard"super silt fence"will be utilized around wetland areas to minimize the likelihood of sediment release associated with silt fence failure. 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? (' Yes ( No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: Impacts have been minimized well below the typical mitigation thresholds of 0.10 acre of loss. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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? ✓ Yes (cNo If no,explain why: No streams are present in or around the project area. 2.Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes (' No 2b.Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)? ( Yes r No Comments: G. Supplementary Information 1. Environmental Documentation la.Does the project involve an expenditure of public(federal/state/local)funds or the use of public(federal/state)land?* a 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(NEPAISEPA)?* ✓ Yes a No Comments:* Project is a local municipal pedestrian access improvement project that is not state funded and thus exempt from NEPA/SEPA. 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)?* ✓ Yes a No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ✓ Yes ( No 3b.If you answered"no,"provide a short narrative description. The project is improving pedestrian/bicycle transportation in an already fully built-out area;as such,it is only encouraging increased use of existing facilities,rather than spurring additional development. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes a•' Nor N/A 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?* a Yes r No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes a No 5d.Is another Federal agency involved?* ✓ Yes (' No r Unknown 5e.Is this a DOT project located within Division's 1-8? ✓ Yes ( No 5f.Will you cut any trees in order to conduct the work in waters of the U.S.? ✓ Yes (' No 5g.Does this project involve bridge maintenance or removal? ✓ Yes f No 5h.Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes (' 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.? ✓ Yes 6 No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC report and NCNHP report.The project is adjacent to a transplanted population of the federally endangered Schweinitz's sunflower located on the Flat Branch Nature Preserve property,as noted on Figure 3.This population is maintained and monitored by Mecklenburg County and is currently separated from the DOT ROW by exclusion fencing and signage.The county is aware of this project,and has been assured that all work and staging will occur within the existing maintained ROW.Additional notes regarding this exclusion area have been added to the design plans and will be discussed with the contractor at project kick-off meetings.See attached for email documentation of discussions with Mecklenburg County. Consultation Documentation Upload AK Sidewalk NCNHP Report.pdf 1.2MB Species List_Asheville Ecological Services Field Office.pdf 706.59KB CountyROWDiscussionEmail.pdf 203.8KB 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes RNo 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper:https://www.habitat.noaa.gov/protection/efh/efhmapper/ 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?* ✓ Yes (n No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* North Carolina State Historic Preservation Office HPOWEB GIS Service:http://gis.ncdcr.gov/hpoweb/.The Green Morris Farm(MK1228)is mapped approximately 0.15 miles northwest of the project.Though this site was on the National Register of Historic Places it is now listed as gone-the mapped area is now residential development and a new school. 7c.Historic or Prehistoric Information Upload Ardrey Kell HPOWEB.pdf 615.33KB 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* ✓ Yes C No 8c.What source(s)did you use to make the floodplain determination?* FEMA National Flood Hazard Layer(NFHL)GIS data for Mecklenburg County. Miscellaneous Comments Notification is being provided under NWP 18 as impacts are in a special aquatic site-wetland.Impacts are below notification thresholds for NCDWR,and are therefore being provided for the record only. Miscellaneous attachments not previously requested. Signature u * fJ By checking the box and signing below,I certify that: • 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. • 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: Helen Simonson,PWS. Signature Nelesa SSoilsopr PIONS Date 12/11/2020