HomeMy WebLinkAbout20090308 Ver 2_401 Application_20120812i 1 CWS
Carolina Wetland Services
Carolina Wetland Services, Inc.
550 East Westinghouse Boulevard
Charlotte, NC 28273
704 -527 -1177 - Phone
704 -527 -1133 - Fax
TO: Mr. Ian McMillan
N.C. Division of Water Quality
401 Wetlands Unit
512 N Salisbury St
9th Floor Archdale Building
Raleigh NC 27603
0 � - D &O B v a--
Date: 08 -24 -12
CWS Project #: 2012 -2998
LETTER OF TRANSMITTAL
T DI
WE ARE SENDING YOU: ®Attached ❑Under separate cover via the following items:
❑ Prints ❑ Plans ❑ JD Package ❑ Specifications
❑ Copy of letter ❑ Change order ❑ Wetland Survey ® Other
IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ONCE
1
DATE
04/26/12
COPIES
5
DESCRIPTION
Application for Renewal of Water Quality Certification No. 3884
2
04/26/12
1
Application Fee Check ($570)
THESE ARE TRANSMITTED as checked below:
❑For approval ❑Approved as submitted
®For your use ❑Approved as noted
❑As requested ❑Returned for corrections
❑For review and comment
❑Resubmit copies for approval
❑Submit copies for distribution
[—]Return corrected prints
❑For your verification and signature
REMARKS: Ian.
Please find attached five copies of the Preconstruction Notification and application for Water Quality Certification
No. 3884 for the Freedom Drive Widening Project. A check for the application fee is als�.
Copy to: File
Th y
omas Blackwell, PWS
Project Scientist
NORTH CAROLINA • SOUTH CAROLINA
AUG 2012
DENR .
ep QU,gUn,
1"
Carolina Wetland Services
August 23, 2012
Ms. Liz Hair
U.S. Army Corps of Engineers
151 Patton Avenue
Asheville, NC 28801
550 E WESTINGHOUSE BLVD.
CHARLOTTE, NC 28273
866 -527 -1177 (office)
704 - 527- 1133(fax)
Mr. Tan McMillan
NCDWQ — Wetlands and Stormwater Branch
512 N Salisbury St
9th Floor Archdale Building
Raleigh NC 27603
Subject: Application for Renewal of Nationwide Permit No. 14 and WQC 3886
Freedom Drive Widening Project
Charlotte, North Carolina
USACE Action ID: SAW- 2009 -00443
DWQ# 09 -0308 Y a..
CWS Project Number: 2012 -2998
Dear Ms. Hair and Mr. McMillan:
Jul L1��
The Freedom Drive Widening Project is located along Freedom Drive between Lundy Land and
Bradford Road in Northwest Charlotte, NC. The project involves the widening of Freedom Drive to a
four lane divided highway with curb and gutter, and sidewalks. This project was originally permitted
under a Nationwide Permit (NWP) No. 14 which was issued on September 9th 2009 ( USACE Action
ID: SAW- 2009 - 00443). A copy of the permit letter is attached. This permit expired on September
9t', 2011. A section 401 Water Quality Certification No. 3704 was issued for this project by NC DWQ
on July 22, 2009 and expired the same time as the NWP No. 14 (DWQ# 09- 0308). A copy of the
WQC is attached. The City of Charlotte has contracted Carolina Wetland Services, Inc. to provide
Section 404/401 permitting services for this project.
Applicant Name: City of Charlotte, Isaac J. Hinson, PWS
Mailing Address: 600 East Fourth Street, Charlotte, NC 28202
Phone Number of Owner /Applicant: 704 - 336 -4495
Street Address of Project: Freedom Drive, Charlotte, NC
Waterway: UT to Paw Creek
Basin: Catawba (HU# 03050103)
City: Charlotte
County: Mecklenburg
Decimal Degree Coordinate Location of Project Site: N35.26092 °, W80.91794°
USGS Quadrangle Name: Mountain Island Lake, NC, dated 1996
rr
i
Freedom Drive Widening Project USACE No. SAW- 2009 -00443
DWQ# 09 -0308 August 23rd 2012
Due to construction delays the project is currently incomplete and will not be completed within 12
months of the expiration of the permit on September 9d', 2011. The project is currently scheduled to
complete construction in the 3rd quarter of 2014. On behalf of the City of Charlotte, CWS requests
that the permit for this project be re- issued for two (2) years in order to allow construction of the
project to be completed. The portions of the project that have not been completed will follow the
previously approved design and will conform to the current conditions of NWP 14 and WQC 3886.
No changes to the existing permit are proposed. In accordance with the previous authorization,
impacts have already been mitigated through a payment to the City of Charlotte Umbrella Stream and
Wetland Mitigation Bank. For complete project plans, figures, and additional details, please see
original submittals. New Pre - Construction Notifications (PCNs) are attached.
Please do not hesitate to contact Isaac Hinson at 704 - 336 -4495 or ihinson @charlottenc.gov should you
have any questions or comments regarding these findings.
-�AALI-a
Isaac Hinson, PWS
Wetland Specialist
*�
Gre g . Antemann, PWS
Principal Scientist
Enclosures: General Permit Verification Letter (USACE Action ID: SAW- 2009 -0043)
Approval of Water Quality Certification (DWQ# 09 -0308)
PCN Forms
Application Fee
0
C"Rossl Nf, 1
of W A rF9
o� pG Office Use Only:
Corps action ID no.
-i
C3 < 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
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: Water Quality
3886
Certification No.
1 c. Has the NWP or GP number been verified by the Corps?
® 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
le. 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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Freedom Drive Widening Project
2b. County:
Mecklenburg
2c. Nearest municipality / town:
Charlotte
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
N/A
3b. Deed Book and Page No.
N/A
#A s`
3c. Responsible Party (for LLC if
applicable):
N/A
3d. Street address:
N/A
2 z 7
3e. City, state, zip:
N/A
N
3f. Telephone no.:
N/A
a anda, w QUg1J
3g. Fax no.:
N/A
3h. Email address:
N/A
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
s��
Y
tp,
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: City of Charlotte
4b. Name:
Mr. Isaac J. Hinson, PWS
4c. Business name
(if applicable):
City of Charlotte Storm Water Services
4d. Street address:
600 East Fourth Street
4e. City, state, zip:
Charlotte, NC, 28202
4f. Telephone no.:
704- 336 -4495
4g. Fax no.:
704 - 336 -6586
4h. Email address:
ihinson @charlottenc.gov
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
N/A
1 b. Site coordinates (in decimal degrees):
Latitude: 35.26092 Longitude: - 80.91794
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
N/A linear project acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Paw Creek
proposed project: -
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Catawba
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 existing land use for the project area is residential with maintained lawns and large adjacent wooded areas.
3b. List the total estimated acreage of all existing wetlands on the property:
0.0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2,139 linear feet
3d. Explain the purpose of the proposed project:
The purpose of this project is to widen the existing two lane road to a four lane divided highway with curb and gutter, and
sidewalks. This will improve the safety issues and traffic congestion currently experienced on this portion of Freedom
Drive. Existing average daily traffic (ADT) along this section of Freedom Drive is 15,700 vehicles per day (vpd), with
regional growth increasing traffic projections to 33,900 vpd by the year 2020. Existing traffic experiences unacceptable
peak hour level of service (LOS) E (on an A to F scale). Without the proposed improvements, level of service will
degrade to LOS F in the 2020 design year. With the proposed addition of travel lanes, the year 2020 level of service will
improve to an acceptable LOS C.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project proposes to widen the road from two lanes to four lanes to alleviate traffic congestion. Standard excavating and
paving machinery will be used. Unavoidable impacts to jurisdictional waters of the U.S. are the result of three separate
crossings. These three crossings will be permitted seperately.
Crossing 1 will result in approximately 270 linear feet of unavoidable permanent impacts to Perennial RPW Stream A
(Paw Creek) (Figure 4, enclosed in 3/18/09 submittal). These impacts result from culvert replacement and extension (110
linear feet of increased length) and the placement of rip -rap aprons to protect the inlet and outlet of the extended culvert
from erosion (160 linear feet). A cross - section of the impacted portion of Stream A is included as Figure 5 (enclosed in
3/18/09 Submittal).
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes El No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
El Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Carolina Wetland Servives
Name (if known): Gregg Antemann, PWS
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
April 24, 2009
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
5. Project History
,5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
A NWP 14 was issued on Sept. 9, 2009 (SAW- 2009 - 00443). A Section 401 WQC was issued on July 22, 2009 (DWQ
#09- 0308). These permits are now expired.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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)
T
—Temporary
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
Culvert
Perennial RPW
® PER
❑ Corps
17.5
110
Stream A
❑ INT
❑ DWQ
S2 ® P ❑ T
Rip -Rap
Perennial RPW
Stream A
® PER
❑ INT
❑ Corps
❑ DWQ
17.5
160
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
270
3i. Comments: Impacts resulting from Crossing 1 only.
Page 5 of 12
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
6. Buffer Impacts (for DWQ)
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
of this form.
6a.
❑ Neuse
Temporary T
Project is in which protected basin?
F1 Catawba
❑ Randleman
01 ❑P ❑T
6c.
6d.
6e.
02 ❑P ❑T
6g.
Buffer impact
03 ❑P ❑T
number-
04 ❑P ❑T
Buffer
Zone 1 impact
4f. Total open water impacts
Permanent (P) or
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
re aired?
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
El Yes
(acres)
number
of pond
I
I
❑ No
I
I
B2 ❑P ❑T
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 any impacts require mitigation, then
you MUST fill out Section D
of this form.
6a.
❑ Neuse
❑ Tar - Pamlico El Other:
Project is in which protected basin?
F1 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
re aired?
B1 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment
and erosion control measures will be used to minimize disturbances to downstream waters.
The original site plan called for impacts to 329 linear feet of permanent impacts to Perennial Stream A associated with
Crossing 1 (Figure 2, enclosed in 3/18/09 Submittal). These impacts were to be the result of 135 linear feet of culvert and 194
linear feet of rip -rap. The proposed plan reduces impacts to Perennial Stream A to a total of 270 linear feet of permanent
impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Best Management Practices (BMP's) will be implemented during constuction to avoid further Impacts. Proper sediment and
erosion control measures will be used to minimize disturbances to down stream waters. All construction will be conducted in
the dry.
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
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: City of Charlotte Umbrella Stream & Wetland Bank
3b. Credits Purchased (attach receipt and letter)
Type Stream
Quantity 405
3c. Comments: 270 LF of impacts at 1.5 to 1 mitigation ratio = 405 credits to be purchased
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 7 of 12
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 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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?
1b. 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:
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
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 12
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
Ia. 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)?
1c. 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.
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.
N/A
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
6. Endangered Species and Designated Critical Habitat (Corps Requirement)
oa. 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?
El 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?
A new letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on August 26, 2008 to determine
the presence of any federally - listed, candidate endangered, threatened species or critical habitat located within the
project area. In a response letter, dated September 5, 2008 (enclosed in 3/18/09 submittal), the NCNHP stated that they
have "no record of rare species, significant natural communities, significant natural heritage areas, or
conservation /managed areas at the site nor within 1 mile of the project area."
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?
NOAA Fisheries: http: / /sharpfin.nmfs. noaa. gov /website /EFH_Mapper /map.aspx
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?
A letter was forwarded to the State Historic Preservation Office (SHPO) on August 26, 2008 to determine the presence of
any areas of architectural, historic, or archaeological significance that would be affected by the project. In a response
letter, dated October 8, 2008 (enclosed in 3/18/09 submittal), the SHPO stated that they "are aware of no historic
resources that would be affected by the project."
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
Fzyes ❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Map No.37119C0165E
Isaac Hinson, PWS
r
�pr�
08/21/12
Wetland Specialist
Applicant/Agent's Signature
Date
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version
CO.Ossilv(v 2
o.0 ot W A tF9OG
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification PC Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: Water Quality Certification No.
3886
1 c. 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
le. 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 1 h
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:
Freedom Drive Widening Project
2b. County:
Mecklenburg
2c. Nearest municipality / town:
Charlotte
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
N/A
3b. Deed Book and Page No.
N/A
3c. Responsible Party (for LLC if
applicable):
N/A
3d. Street address:
N/A
3e. City, state, zip:
N/A
3f. Telephone no.:
N/A
3g. Fax no.:
N/A
3h. Email address:
N/A
Page l of 12
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: City of Charlotte
4b. Name:
Mr. Isaac J. Hinson, PWS
4c. Business name
(if applicable):
City of Charlotte Storm Water Services
4d. Street address:
600 East Fourth Street
4e. City, state, zip:
Charlotte, NC, 28202
4f. Telephone no.:
704 - 336 -4495
4g. Fax no.:
704 - 336 -6586
4h. Email address:
ihinson @charlottenc.gov
5. Agent/Consultant Information (if applicable)'
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
N/A
1b. Site coordinates (in decimal degrees): -
Latitude: 35.26092 Longitude: - 80.91794
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
N/A linear project acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Paw Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Catawba
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 existing land use for the project area is residential with maintained lawns and large adjacent wooded areas.
3b. List the total estimated acreage of all existing wetlands on the property:
0.0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2,139 linear feet
3d. Explain the purpose of the proposed project:
The purpose of this project is to widen the existing two lane road to a four lane divided highway with curb and gutter, and
sidewalks. This will improve the safety issues and traffic congestion currently experienced on this portion of Freedom
Drive. Existing average daily traffic (ADT) along this section of Freedom Drive is 15,700 vehicles per day (vpd), with
regional growth increasing traffic projections to 33,900 vpd by the year 2020. Existing traffic experiences unacceptable
peak hour level of service (LOS) E (on an A to F scale). Without the proposed improvements, level of service will
degrade to LOS F in the 2020 design year. With the proposed addition of travel lanes, the year 2020 level of service will
improve to an acceptable LOS C.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project proposes to widen the road from two lanes to four lanes to alleviate traffic congestion. Standard excavating and
paving machinery will be used. Unavoidable impacts to jurisdictional waters of the U.S. are the result of three separate
crossings. These three crossings will be permitted seperately.
Crossing 2 will result in approximately 298 linear feet of unavoidable permanent impacts to Perennial RPW Stream B
(Figures 13, 14, and 15, enclosed). Impacts to Perennial RPW Stream B result from multiple extensions of existing
driveway culverts and the placement of associated rip -rap at the driveway culverts. A cross - section of the embankment
slope revision used to reduce impacts to Stream B is included as Figure 16 (enclosed in 3/18/09 submittal). Stream B
has been ditched and straightened in the past and retains very few natural characteristics.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ❑ No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
El Preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Carolina Wetland Servives
Name (if known): Gregg Antemann, PWS
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
April 24, 2009
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
A NWP 14 was issued on Sept. 9, 2009 (SAW- 2009 - 00443). A Section 401 WQC was issued on July 22, 2009 (DWQ
#09- 0308). These permits are now expired.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 12
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
Culvert
Perennial RPW
® PER
❑ Corps
2.5
131
Stream B
❑ INT
❑ DWQ
S2 ® P ❑ T
Rip -Rap
Perennial RPW
® PER
❑ Corps
2.5
80
Stream B
❑ INT
❑ DWQ
S3 ❑ P ❑ T
Fill
Perennial RPW
® PER
'❑ Corps
2.5
87
Stream B
❑ 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
298
3i. Comments: Impacts resulting from Crossing 2 only.
Page 5 of 12
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 pond or lake construction proposed, the 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
5E 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 any 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
F] Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑ P ❑ T
❑ Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment
and erosion control measures will be used to minimize disturbances to downstream waters.
Freedom Drive runs parallel to Perennial Stream B, with the stream running through front yards of properties along the
southwest side of the roadway. Due to the stream and terrain, the residential and institutional (church) development along the
southwest side of Freedom Drive are set back further than those on the opposite side of the roadway. The original site plan
(Design Version 1) resulted in 436 linear feet of permanent impacts to Perennial Stream B (Figures 6 -8, enclosed in 3/18/09
submittal). These potential impacts were the result of embankment extensions along the side of the widened roadway,
driveway culvert extensions from higher and steeper driveways, rip -rap at inlets and outlets of driveway culverts, piping, and
ditching the stream to beyond the proposed roadway embankment toe of slope. The intermediate revised plan (Design
Version 2) resulted in a reduction of permanent impacts to Perennial Stream B by 77 linear feet, to a total of 359 linear feet
(Figures 9 — 12, enclosed in 3/18/09 submittal). This reduction in impacts was achieved through reducing the length of rip -rap
aprons associated with driveway culverts and reducing the length of stream for which ditching was proposed. In addition, the
intermediate revised site plan would have resulted in the day - lighting of 80 linear feet of currently piped Stream B, and the
relocation of a currently impaired portion of stream channel from beneath the extended embankment to a new geomorphically
stable channel. The current revised site plan (Design Version 3) further reduces the impacts to Stream B to a total of 298
linear feet (Figures 13 — 16, enclosed in 3/18/09 submittal). It does this through the use of steeper side slopes along the
roadway embankment between design Station 312 +00 and Design Station 316 +00. This revision eliminates impacts to the
existing stream channel from the roadway embankment side slopes. This design change eliminates the need to construct a
geomorphologically improved replacement channel. Day - lighting the 80 -feet of existing piped stream is proposed as on -site
mitigation for unavoidable impacts to Stream B.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Best Management Practices (BMP's) will be implemented during constuction to avoid further Impacts. Proper sediment and
erosion control measures will be used to minimize disturbances to down stream waters. All construction will be conducted in
the dry.
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
El Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: City of Charlotte Umbrella Stream & Wetland Bank
3b. Credits Purchased (attach receipt and letter)
Type Stream
Quantity 298
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version
3c. Comments: 298 LF of impacts at 1 to 1 mitigation ration = 298 credits to be purchased
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:
warm 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.
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 12
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 E] 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:
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
F1 El
El 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
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
I
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. 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.
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.
N/A
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4. 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?
A new letter was forwarded to the North Carolina Natural Heritage Program ( NCNHP) on August 26, 2008 to determine
the presence of any federally - listed, candidate endangered, threatened species or critical habitat located within the
project area. In a response letter, dated September 5, 2008 (enclosed in 3/18/09 submittal), the NCNHP stated that they
have "no record of rare species, significant natural communities, significant natural heritage areas, or
conservation /managed areas at the site nor within 1 mile of the project area."
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?
NOAA Fisheries: http: / /sharpfin.nmfs. noaa. gov /website /EFH_Mapper /map.aspx
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?
A letter was forwarded to the State Historic Preservation Office (SHPO) on August 26, 2008 to determine the presence of
any areas of architectural, historic, or archaeological significance that would be affected by the project. In a response
letter, dated October 8, 2008 (enclosed in 3/18/09 submittal), the SHPO stated that they "are aware of no historic
resources that would be affected by the project."
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? —T11—yes
® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Map No.37119C0165E
Isaac Hinson, PWS
08/21/12
Wetland Specialist
Date
Applicant/Agent's Signature
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 12
PCN Form – Version 1.3 December 10, 2008 Version
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version
cRoS51 N (r 3
of warfi9
off, pG Office Use Only:
} r Corps action ID no.
r f o < 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: 14 or General Permit (GP) number: Water Quality Certification No.
3886
1 c. Has the NWP or GP number been verified by the Corps?
® 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
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
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Freedom Drive Widening Project
2b. County:
Mecklenburg
2c. Nearest municipality / town:
Charlotte
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
N/A
3b. Deed Book and Page No.
N/A
3c. Responsible Party (for LLC if
applicable):
N/A
3d. Street address:
N/A
3e. City, state, zip:
N/A
3f. Telephone no.:
N/A
3g. Fax no.:
N/A
3h. Email address:
N/A
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: City of Charlotte
4b. Name:
Mr. Isaac J. Hinson, PWS
4c. Business name
(if applicable):
City of Charlotte Storm Water Services
4d. Street address:
600 East Fourth Street
4e. City, state, zip:
Charlotte, NC, 28202
4f. Telephone no.:
704 - 336 -4495
4g. Fax no.:
704 - 336 -6586
4h. Email address:
ihinson @charlottenc.gov
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
N/A
1 b. Site coordinates (in decimal degrees):
Latitude: 35.26092 Longitude: -
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
N/A linear project acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Paw Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Catawba
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 existing land use for the project area is residential with maintained lawns and large adjacent wooded areas.
3b. List the total estimated acreage of all existing wetlands on the property:
0.0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2,139 linear feet
3d. Explain the purpose of the proposed project:
The purpose of this project is to widen the existing two lane road to a four lane divided highway with curb and gutter, and
sidewalks. This will improve the safety issues and traffic congestion currently experienced on this portion of Freedom
Drive. Existing average daily traffic (ADT) along this section of Freedom Drive is 15,700 vehicles per day (vpd), with
regional growth increasing traffic projections to 33,900'vpd by the year 2020. Existing traffic experiences unacceptable
peak hour level of service (LOS) E (on an A to F scale). Without the proposed improvements, level of service will
degrade to LOS F in the 2020 design year. With the proposed addition of travel lanes, the year 2020 level of service will
improve to an acceptable LOS C.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project proposes to widen the road from two lanes to four lanes to alleviate traffic congestion. Standard excavating and
paving machinery will be used. Unavoidable impacts to jurisdictional waters of the U.S. are the result of three separate
crossings. These three crossings will be permitted seperately.
Crossing 3 will result in unavoidable impacts to Unimportant Intermittent Stream C totaling approximately 220 linear feet
(Figure 11, enclosed in 3118/09 submittal). Impacts to Non -RPW Stream B are the result of culvert replacement and
extension and the placement of rip -rap. Impacts also include approximately 46 linear feet of hydrological severance.
This portion of Non -RPW C will be cut off from its upstream watershed by the new culvert beneath Freedom Drive.
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:
4b. If the Corps made the jurisdictional" determination, what type
El Preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Carolina Wetland Services
Name (if known): Mr. Gregg Antemann, PWS
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
April 24, 2009
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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.
A NWP 14 was issued on Sept. 9, 2009 (SAW- 2009 - 00443). A Section 401 WQC was issued on July 22, 2009 (DWQ
#09- 0308). These permits are now expired.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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
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
Fill
U.I. Non -RPW
E] PER
❑ Corps
3
(0.01 f
Stream C
® INT
El DWQ
acre)
S2 ®P ❑ T
Rip -Rap
U.I. Non -RPW
❑ PER
❑ Corps
3
(0.001 If
Stream C
® INT
E] DWQ
acre)
S3 ®P ❑ T
Hydologic
U.I. Non -RPW
E] PER
El Corps
3
(0.003 If
Severence
Stream C
® INT
❑ DWQ
acre)
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
220
3i. Comments: Crossing 3 Impacts Unimportant Intermittent Stream C only.
Page 5 of 12
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 pond or lake construction proposed, the 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 any 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 12
i
PCN Form — Version 1.3 December 10, 2008 Version
I
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment
and erosion control measures will be used to minimize disturbances to downstream waters.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Best Management Practices (BMP's) will be implemented during constuction to avoid further Impacts. Proper sediment and
erosion control measures will be used to minimize disturbances to down stream waters. All construction will be conducted in
the dry.
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
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 7 of 12
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 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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 F1 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:
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
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 12
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. 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.
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.
N/A
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Endangered Species and Designated Critical Habitat (Corps Requirement)
ta. 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?
A new letter was forwarded to the North Carolina Natural Heritage Program ( NCNHP) on August 26, 2008 to determine
the presence of any federally - listed, candidate endangered, threatened species or critical habitat located within the
project area. In a response letter, dated September 5, 2008 (enclosed in 3/18/09 submittal), the NCNHP stated that they
have "no record of rare species, significant natural communities, significant natural heritage areas, or
conservation /managed areas at the site nor within 1 mile of the project area."
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?
NOAA Fisheries: http: / /sharpfin.nmfs. noaa. gov /website /EFH_Mapper /map.aspx
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?
A letter was forwarded to the State Historic Preservation Office (SHPO) on August 26, 2008 to determine the presence of
any areas of architectural, historic, or archaeological significance that would be affected by the project. In a response
letter, dated October 8, 2008 (enclosed in 3/18/09 submittal), the SHPO stated that they "are aware of no historic
resources that would be affected by the project."
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: The project will result in no net rise in flood levels. Charlotte
Stormwate Services is coordinating with the local floodplain administrator.
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Map No.37119C0165E
Isaac Hinson, PWS
--� p &(.,
�
08/21/12
Wetland Specialist
Sul
Applicant/Agent's Signature
Date
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page I I of 12
PCN Form — Version 1.3 December 10, 2008 Version
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version