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HomeMy WebLinkAbout20110098 Ver 1_More Info Received_20110301 February 28, 2011 f WI LDLANDS Mr. Ian McMillan NC DENR Division of Water Quality, 401 Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 It-ubq g J MAR 201, nEN W, Subject: Pre-Construction Notification Pursuant to Nationwide Permit Nos. 14 and 27 and Water Quality Certification Nos. 3820 and 2689 ADDENDUM: Double Oaks Stream Improvement Project Charlotte, North Carolina Dear Mr. McMillan: On February 9, 2011, Wildlands Engineering, Inc. (Wildlands) met with Mr. Alan Johnson of the North Carolina Division of Water (NCDWQ) to discuss plans for the proposed Double Oaks Stream Improvement Project. Among the items discussed was the proposed road realignment and culvert replacement that will occur at this location, congruent with the construction of the proposed stream restoration activities. Initially, this road realignment project was intended as a standalone project. However, as plans for the proposed stream restoration were developed, the road realignment project was put on hold to allow for the construction to be performed simultaneously. Wildlands applied for and received Section 404 permitting (NWP 14) on the proposed road realignment and culvert replacement activities on January 25, 2010 (Action ID. SAW-2009-00048). The purpose of this portion of the project is to construct a new road realignment of Woodward Avenue that will connect Statesville Avenue to Double Oaks Road (Figure 1). As per Charlotte Department of Transportation (CDOT) safety requirements, Woodward Avenue will be realigned at Statesville Avenue and the existing culverts under Woodward Avenue and Benson Street will be replaced and lengthened to allow for a wider road bed and safer vehicular and pedestrian traffic. This portion of the project is proposing 128 linear feet of permanent, perennial stream impacts to the unnamed tributary to Irwin Creek. As per the request of Mr. Johnson, Wildlands is submitting a revised Pre-Construction Notification Form, which includes the road realignment activities, as an addendum to the previously submitted Double Oaks Stream Improvement Project (submitted January 24, 2011). Proposed construction plans and culvert details for the road realignment portion of this project have also been enclosed. If you have any questions regarding this addendum, please feel free to contact me at (704) 332-7754 or through email at mjenkins@wildlandsinc.com. Sincerely, Matt enkins, PWS Environmental Scientist i r Proposed Stream Alignment = Tax Parcels 1 Streams Existing Pipe/Culvert Proposed Road Realignment 0 00 I I , 2I ft WILDLANDS i I I I Figure 1. Site Map Double Oaks Stream Improvement Project Mecklenburg County, NC O/??OryWjAT?9QG LVW`J? G G -c \\- CC) 900 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: Nos. 14 & 27 or General Permit (GP) number: 1 c. Has the NWP or OP number been verified by the Corps? [D Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 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 ® No For the record only for Corps Permit: ? Yes ® 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. ? Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Double Oaks Stream Improvement Project 2b. County: Mecklenburg 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: Double Oaks Development, LLC 3b. Deed Book and Page No. Deed Bk. 22947, pg. 0.90; Deed Bk. 22805, pg. 464 3c. Responsible Party (for LLC if applicable): Double Oaks Development, LLC 3d. Street address: 4601 Charlotte Park Dr., Suite 350 3e. City, state, zip: Charlotte, NC 28217 3f. Telephone no.: 704-342-0933 3g. Fax no.: 704-342-2745 3h. Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Financier - Housing Partnership 4b. Name: Steven Cartee 4c. Business name (if applicable): The Housing Partnership 4d. Street address: 4601 Charlotte Park Drive, Suite 350 4e. City, state, zip: Charlotte, NC 28217 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Matt L. Jenkins, PWS 5b. Business name (if applicable): Wildlands Engineering, Inc. 5c. Street address: 1430 South Mint Sreet, Suite 104 5d. City, state, zip: Charlotte, NC 28203 5e. Telephone no.: 704-332-7754 5f. Fax no.: 704-332-3306 5g. Email address: mjenkins@wildlandsinc.com Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Linear project includes: 07510537, 07510530, 07511307, 07510529 1 b. Site coordinates (in decimal degrees): Latitude: 35.249678° Longitude: 80.836281 ° (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: N/A - linear project 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Irwin Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Catawba 03050103 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 project is located in an urbanized, fully developed area of the city of Charlotte. Land uses adjacent to the project corridor include large industrial developments, a cemetery, and a few residential areas. The land use within the project corridor includes existing roadways, maintained lawns, and narrow thinly wooded stream buffers. 3b. List the total estimated acreage of all existing wetlands on the property: No jurisdictional wetlands are located within the project area. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 1,025 linear feet of perennial stream channel within the project corridor. 3d. Explain the purpose of the proposed project: STREAM RESTORATION - The primary goal for the project is to reclaim portions of the natural and beneficial functions of the floodplain and in-stream structure within the unnamed tributary to Irwin Creek through enhancement and restoration activities. ROAD REALIGNMENT - to construct a new road realignment of Woodward Avenue that will connect Statesville Avenue to Double Oaks Road. As per Charlotte Department of Transportation (CDOT) safety requirements, Woodward Avenue will be realigned at Statesville Avenue and the existing culverts under Woodward Avenue and Benson Street will be replaced and lengthened to allow for a wider road bed and safer vehicular and pedestrian traffic. 3e. Describe the overall project in detail, including the type of equipment to be used: Grading and planting bank slopes with native riparian species, excavation of floodplain bench, excavation of riffle and pool bedform features, and installation of in-stream boulder structures. Additionally, two existing stream crossings will be utilized and upgraded to allow for a new realignment of Woodward Avenue from the Statesville Avenue intersection extending to the off-site Double Oaks Road. A trackhoe and typical excavation equipment will be used for the construction of this project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ®Yes ? No ? Unknown Comments: Yes, jurisdictional verification of UT to Irwin Creek was received along with a previous permit application for the roadway realignment at this location. 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? ncy/Consultant Company: Wildlands Engineering r Name (if known): Matt Jenkins, PWS Other : 4d . If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The 404 permit application for the Double Oaks Road Realignment at this location was received January 25, 2010 (Action Id. SAW-2009-00048). Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4 B. Project Information and Prior Project History 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ? No ? unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. The information supplied in this revised PCN Form is being submitted as an addendum to the previously submitted permit application for the Double Oaks Stream Improvement Project. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ® 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. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: 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 impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? PDT Restoration/ Enhancement UT to Irwin Creek ® PER ? INT ® Corps ® DWQ 8 1,025 S2 ®P ? T Culvert Placement UT to Irwin Creek ® PER ? INT ® Corps ® DWQ 6'-8' 69' S2 ®P ? T Rip Rap Aron p p p UT to Irwin Creek ® PER ? INT ® Corps ® DWQ 6'-8' 25' S3 ® P ? T Culvert Placement UT to Irwin Creek ® PER ? INT ® Corps ® DWQ 6'-8' 34' 3h. Total stream and tributary impacts 1,153 3i. Comments: All impacts associated with restoration and enhancement activities are considered temporary impacts. At Impact Site S2, the existing 34 LF culvert will be replaced with a 103 LF RCP + 25 LF rip rap apron (94 LF total impact). At Impact Site S3, the existing 31 LF culvert will be replaced with a 65 LF CMP (34 LF total impact). 128 LF total permanent impacts. Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 individual) list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 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 an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ?P?T ?Yes ? No B2 ? P ? T ? Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 A D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. STREAM RESTORATION - The project constitutes a positive impact, enhancing and restoring stream function and habitat by improving bed features in the streams and establishing flood storage. Biodegradable coir fiber matting and native vegetation will be used to stabilize the newly graded banks throughout the project corridor. ROAD REALIGNMENT - As a result of the increased need for neighborhood access and lack of safe roadway and intersection conditions, a no-build option was not considered to be feasible for this portion of the Statesville Avenue corridor. Location of the proposed roadway realignment was determined according to CDOT request and impacts to on- site jurisdictional waters have been reduced to the maximum extent practicable. The existing crossing locations at Woodward Avenue and Benson Street are being utilized and existing headwall locations are being used where possible in order to reduce any additional impact to the unnamed tributary. Existing rip rap in the channel bed downstream of Woodward Avenue is being utilized in order to minimize the proposed rip rap apron at this location. The proposed rip rap apron at the outfall of the downstream crossing has been minimized according to predicted flow stress from the proposed larger culvert. Additionally, proper sediment and erosion control techniques will be used to minimize impacts to downstream waters. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? 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 ? Corps ? Mitigation bank 2c. If yes, which mitigation option will be used for this project? El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) [Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 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 Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 ® 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 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 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 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® 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 ? ? Comments: 2. Stormwater Management Plan 2a . What is the overall percent imperviousness of this project? 2b . Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project involves the restoration and enhancement of on-site jurisdictional stream channels, no increase in impervious cov er will result from the construction of this project. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? 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 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 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 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? 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 ? 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 ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® 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 ® 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. This is a stream restoration project and will not cause an increase in development nor will it negatively impact downstream water quality. 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. Page 10 of 11 PCN Form -Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or h bit t? ? Yes ®N a a o 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ® Yes El No 5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Utilized the NC Natural Heritage Program's element occurrence GIS data layer as well as contact the USFWS Asheville office for any additional information on the presence of endangered or protected species or critical habitat. Inquiries to these agencies were submitted with the previously approved Nationwide No. 12 road realignment permit (Action Id SAW- . 2009-00048) at this location. Agency correspondence letters have been enclosed. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes NO 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? USFWS 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 (e.g., National Historic Trust designation or properties significant in ? Yes ®No North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The NC State Historic Preservation Office (SH'PO) was contacted regarding: the presence historic properties or cultural resources within the project area. Because of the previous road realignment project's proximity to the Double Oaks Elementary School and Ford Motor Company, a copy of the proposed construction plans were sent to SHPO on October 13, 2009 for further review (see enclosed letter from previously approved ermit fo thi l ti p r s oca on Action Id. SAW-2009- 00048). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® Nlo 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FIRM Panel 4555; Map Number 37104555001 , effective date March 2, 2009 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is rovided. 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