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