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HomeMy WebLinkAbout20110421 Ver 2_401 Application_20110611It- fl4a.i v2 V//iwirth &Associates LANDSCAPE ARCHITECTS AND LAND PLANNERS 1230 W. Morehead St., Suite 212 Charlotte, North Carolina 28208 ?,?y,° Phone: 704-375-1588 Fax: 704-375-3844 Transmittal To: Beverly Strickland, Administrative Officer Division of Water Quality - Program Development N.C. Department of Environment and Natural Resources Mail Service Center 1650, Raleigh, NC 27699-1650 Project: ? Enclosed Herewith ? As Requested Via: Our delivery ? Under Separate Cover ? For your File Items Sent: Reedy Creek Park Bridge Replacement Pre - Construction Notification Form Check for Fees CD (Site Plans) DWQ Approval Letter ? For Review & Comment 2' For Approval Comments: No. of Copies: Dated: 2 Full Sets 3 11x17 Sets 06.03.2011 Re-submittal for changes to the Reedy Creek Nature Preserve Bridge "IZ-1 Replacement project, which has been approved for a 401 water quality certification under the DWQ # 11-0421. The project was determined to be covered by the water quality general certification number 3688. Previously approved Project consists of removing existing pedestrian bridge and replacing with fiberglass pedestrian bridge in the Reedy Creek Nature Preserve. Temporary measures of a low water crossings and bridge construction will cause minor stream impacts to Reedy Creek. Changes to the project consist of removing another ex. bridge and replacing with fiberglass Bridge #2. The Bridge #2 construction will also add a temporary low water crossing creating minor stream impacts. Bridge # 1 on the drawings has been approved as noted above. Bridge #2 on the drawings illustrates the changes to the project. By: Todd Martin Date:06.03.2011 ?t-ov4a? v2, ?0F WAL Office Use Only: Corps action ID no. Im o < DWQ project no. NEI 11 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: 33 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ? No 1d. 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 1e. 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Reedy Creek Park Bridge Replacement 2b. County: Mecklenburg 2c. Nearest municipality / town: City of Charlotte 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: (wR :??-- Wain t?i? %c " 3. Owner Information ?. atergra 3a. Name(s) on Recorded Deed: Mecklenburg County and C/O Real Estate/ Finance Dept. 3b. Deed Book and Page No. 9276 Pg. 437 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3205 Freedom Drive, Suite 101 3e. City, state, zip: Charlotte, NC 28208 3f. Telephone no.: 704-336-2261 3g. Fax no.: 704-432-0633 3h. Email address: Doug.Buchanan@MecklenburgCountyNC.gov Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Todd Martin & Carr Mumford 5b. Business name (if applicable): Wirth & Associates 5c. Street address: 1230 West Morehead, Suite 212 5d. City, state, zip: Charlotte, NC 28208 5e. Telephone no.: 704-375-1588 F5f. Fax no.: 704-375-3844 5g. Email address: toddm@wirthassociates.com & cmumford@wirthassociates.com B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 105-071-01, 105-111-01, 105-111-02 1 b. Site coordinates (in decimal degrees): Latitude: 35.2661 Longitude: - 80.7131 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 697.97 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Reedy Creek 2b. Water Quality Classification of nearest receiving water: 2c. River basin: Yadkin - South East Catawba Page 2 of 10 PCN Form - Version 1.3 December 10, 2008 Version 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 a heavy forested nature preserve that is being used for parks and recreation. 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 11,250 3d. Explain the purpose of the proposed project: Proposed Pedestrian Bridge (Replacement of Ex. Bridge) 3e. Describe the overall project in detail, including the type of equipment to be used: Re-submittal for changes to the Reedy Creek Nature Preserve Bridge Replacement project, which has been approved for a 401 water quality certification. The project was determined to be covered by the water quality general certification number 3688. Previously approved Project consists of removing existing pedestrian bridge and replacing with fiberglass pedestrian bridge in the Reedy Creek Nature Preserve. Temporary measures of a low water crossings and bridge construction will cause minor stream impacts to Reedy Creek. Changes to the project consist of removing another ex. bridge and replacing with fiberglass Bridge #2. The Bridge #2 construction will also add a temporary low water crossing creating minor stream impacts. Bridge #1 on the drawings has been approved as noted above. Bridge #2 on the drawings illustrates the changes to the project. Temporary measures used to reach bridge area will consist of temp. construction entrance, gravel work areas as needed, and 2 low water stream crossing. Equipment used will consist of compact type equipment, concrete truck, & small trucks. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ® No ? Unknown project (including all prior phases) in the past? Comments: Reedy Creek is a Perennial Stream 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for x Yes ? No Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. DWQ# 11-0421 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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 W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? 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 ? P ®T low water crossing Reedy Creek ® PER ? INT ? Corps ® DWQ 24 16 S2 ? P ®T low water crossing Reedy Creek ® PER ? INT ? Corps ® DWQ 24 16 S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 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 individually 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 DWO) 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 im act required? B1 ?P?T ?Yes ? No 62 ?P?T ?Yes ? No 133 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 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 yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this pro project? ? Mitigation bank 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 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Version 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 7 of 10 PCN Form - Version 1.3 December 10, 2008 Version 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 ® 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? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Total disturbance is less than 1 acre. There are no storm water facilities included in 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? City of Charlotte ® Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? 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 ? HOW 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 8 of 10 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 ? Yes ? No letter.) 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. 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 9 of 10 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 ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 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? 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 ® 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? Local government data and personnel 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur In a FEMA-designated 100-year fioodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the fioodplain determination? Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature Is valid only If an authorization letter from the applicant is provided.) Page 10 of 10 PCN Form - Version 1.3 December 10, 2008 Version gn_wx? .. ??? NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Dee Freeman Governor Director Secretary May 12, 2011 DWQ# 11-0421 Mecklenburg County Mr. Doug Buchanan Real Estate/Finance Dept. 3205 Freedom Dr., Ste. 101 Charlotte, 28208 Subject: Reedy Creek Park Bridge APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Buchanan: You have our approval, in accordance with the general certification and those conditions listed below, to impact 60 linear feet (If) of unnamed stream to Reedy Creek in order to complete the proposed project in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on May 3, 2011. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3688, which can be viewed on our web site at http://Portal.ncdenr.om/web/wg/swp/ws/401. The General Certification allows you to use Nationwide Permit Number 33 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWQ. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the most recent Mooresville Regional Office One Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 No rthCarolina Phone: (704) 663-1699Tax: (704) 663-60401 Customer Service: 1-877-623-6748 1? Internet: http://Portal.nedenr.orglwebtwq `/?V7atul ally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 5. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401 /Wetlands Unit of the NC DWQ. 6. Continuing Compliance. The applicant (Mecklenburg County) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-733-9721. Sincerely, 16 for Coleen H. Sullins Attachments cc: Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit MRO, Land Quality Notice Of Initiation of Construction To be completed by DTVQ D«'Q Project No. County: At ec- c Applicant: 64 1 Project Name: ze I= ? St Date of Issuance of 401 Water Quality Certification: Upon initiation of impacts approved by the issuance of this 401 Water Quality Certification/Buffer Authorization, the applicant is required to return this notice (condition #1 per approval) to: DWQ-SWP Section, Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Or Fax to the attention ofAlan Johnson at: 704-663-6040 ApplicantlAuthorked Agent's Certification hereby state that, to the best of my abilities, due care and diligence the approved impacts have begun to be constructed. The proposed impacts are to be installed/constructed/completed within substantial compliance and intent of the 401 Water Quality Certification/Buffer Rule Authorization, the approved plans and specifications, and other supporting materials. Date of initiation of Construction: Signature: Date: Title: