20210194 Ver 1_ePCN Application_20210420

I I DWR
Division of Water Resources
Pre-Construction Notification (PCN) Form
October 26,2020 Ver 3.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
6 Yes
✓ No
Is this project a public transportation project?*
0 Yes r No
Change only if needed.
BIMS#Assigned* Version#*
20210194 1
Is a payment required for this project?*
✓ No payment required What amout is owed?*
✓ Fee received r $240.00
6 Fee needed-send electronic notification G $570.00
Reviewing Office* Select Project Reviewer*
Mooresville Regional Office-[phone] Donna Hood:eads\drhood
Information for Initial Review
1a.Name of project:
McCullough Drive Streetscape Improvements
1a.Who is the Primary Contact?*
Sharon Buchanan-City of Charlotte
lb.Primary Contact Email:* 1c.Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
4/20/2021
Nearest Body of Water
Doby Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.302465 -80.756823
Pre-Filing Meeting Information
ID# Version
20210194 1
Pre-fling Meeting or Request Date*
1/29/2021
Attach documentation of Pre-Filing Meeting Request here:*
DWR Pre-Filing Meeting Request Form.pdf 52.95KB
A. Processing Information C^U
County(or Counties)where the project is located:
Mecklenburg

Is this a NCDMS Project
C- Yes f No
Is this project a public transportation project?*
6 Yes r No
Is this a NCDOT Project?*
C- Yes f No
1a.Type(s)of approval sought from the Corps:
[7 Section 404 Permit(wetlands,streams and waters,Clean Water Act)
n Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act)
Has this PCN previously been submitted?*
C- Yes
✓ No
lb.What type(s)of permit(s)do you wish to seek authorization?
7 Nationwide Permit(NWP)
n Regional General Permit(RGP)
n Standard(IP)
1c.Has the NWP or GP number been verified by the Corps?
C- Yes G No
Nationwide Permit(NWP)Number: 14-Linear transportation
NWP Numbers(for multiple NWPS):
Id.Type(s)of approval sought from the DWR:
17 401 Water Quality Certification-Regular n 401 Water Quality Certification-Express
n Non-404 Jurisdictional General Permit n Riparian Buffer Authorization
n Individual Permit
le.Is this notification solely for the record because written approval is not required? *
For the record only for DWR 401 Certification: r Yes 6 No
For the record only for Corps Permit: C Yes 6' No
lf.Is this an after-the-fact permit application?*
C- Yes R No
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
6 Yes C No
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
C- Yes C- No
Acceptance Letter Attachment
2021-03-04 McCullough Drive Streetscape CRL draft.pdf 91.98KB
I h.Is the project located in any of NC's twenty coastal counties?
C- Yes C• No
1j.Is the project located in a designated trout watershed?
C Yes (• No
B. Applicant Information
Id.Who is applying for the permit?
n Owner 17 Applicant(other than owner)
le.Is there an Agent/Consultant for this project?*
s Yes r No
2. Owner Information
2a.Name(s)on recorded deed:
N/A Linear Transportation Project
2b.Deed book and page no.:
2c.Responsible party:

2d.Address
Street Address
600 E Fourth Street
Address Line 2
(Sty State/Province/Region
Charlotte NC
Fbstal/Zlp Code Country
28202 USA
2e.Telephone Number: 2f.Fax Number:
[phone]
2g.Email Address:*
[e-mail]
3.Applicant Information(if different from owner)
3a.Name:
Sharon Buchanan
3b.Business Name:
City of Charlotte
3c.Address
Street Address
600 E Fourth Street
Address Line 2
aty State/Province/Region
Charlotte NC
Rutal/Zip Code Country
28202 USA
3d.Telephone Number: 3e.Fax Number:
[phone]
3f.Email Address:*
[e-mail]
4.Agent/Consultant(if applicable)
4a.Name:
Michael lagnocco,PWS
4b.Business Name:
STV Engineers,Inc.
4c.Address
Street Address
900 W Trade Street
Address Line 2
Suite 715
Criy State/Province/Region
Charlotte NC
Postal/ZZp(ode Country
28202 USA
4d.Telephone Number: 4e.Fax Number:
[phone]
4f.Email Address:*
[e-mail]
Agent Authorization Letter*
McCullough_Agent Cert of Authorization Form_PrintPDF.pdf 164.36KB
C. Project Information and Prior Project History
1. Project Information
lb.Subdivision name:
(if appropriate)
1c.Nearest municipality/town:
Charlotte

2. Project Identification
2a.Property Identification Number: 2b.Property size:
N/A 35
2c.Project Address
Street Address
McCullough Drive between NC 24(W.T.Harris Blvd.)and East McCullough Drive
Address Line 2
Criy State/Province/legion
Charlotte NC
Postal/ZZp(Dade Country
28262 USA
3.Surface Waters
3a.Name of the nearest body of water to proposed project:*
Doby Creek
3b.Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s)is your project located in?*
Yadkin-PeeDee
3d.Please provide the 12-digit HUC in which the project is located.
030401050103
4. Project Description and History
4a.Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project study area(PSA)encompasses approximately 35 acres and consists primarily of developed commercial properties adjacent to disturbed/maintained areas along
McCullough Drive.An undeveloped mixed pine/hardwood forested area is located in the eastern portion of the PSA.Adjacent to the PSA are industrial/commercial properties along
McCullough Drive.
4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?*
C Yes C No Unknown
4d.Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site.(for DWR)
Figure_2_TopographicMap.pdf 649.48KB
4e.Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site.(for DWR)
Figure_3_SoilsMap.pdf 1.05MB
4f.List the total estimated acreage of all existing wetlands on the property:
0.01
4g.List the total estimated linear feet of all existing streams on the property:
298
4h.Explain the purpose of the proposed project:*
The purpose of the project is to provide infrastructure to ongoing light rail transit(LRT)supported development near the McCullough Street Station.The project would provide
pedestrian,cyclist,and vehicular connectivity from the retail shops and hotels on East McCullough Drive to the CATS Blue Line LRT McCullough Street Station,improve pedestrian and
bicycle mobility between North Tryon Street(US 29)and W.T.Harris Boulevard(NC 24),and provide an alternate connection between W.T.Harris Boulevard and North Tryon Street.
4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
The City of Charlotte Office of Engineering and Property Management proposes to make street improvements including adding sidewalks and bike lanes to the existing McCullough
Drive from NC 24(W.T.Harris Blvd.)to the east of US 29(North Tryon Street).In addition,the city is proposing to create a new alignment on the east side of North Tryon Street that will
connect McCullough Drive with East McCullough Drive.The study area is approximately 225 feet wide centered on McCullough Drive and extends approximately 5,200 feet beginning
immediately south of the intersection of McCullough Drive and W.T.Harris Blvd.and ending on the eastern side of N.Tryon Street where it meets East McCullough Drive.The study
area also extends down Collins-Aikman Drive for approximately 900 feet where it terminates at University Executive Park Drive.The study area has an approximate total area of 35
acres.
Temporary matting for erosion control will be installed on the slopes adjacent to Stream A.An 8'-30"RCP and a 27'-18"RCP will be installed in Stream A to extend the existing pipe
using heavy equipment operating from the upland roadway approaches.The channel will be dewatered while construction is taking place in order to work in the dry.Rock inlet sediment
traps will be installed on the northern end of the channel to reduce velocity and remove sediment.Approximately 19 feet of permanent impacts will occur to Stream A for the extension of
the pipe as well as for the placement of Class-1 riprap at the outfall for stabilization.Temporary impacts to Stream A could occur during culvert installation;9 feet of estimated temporary
stream impact extends beyond the permanent stream impact area.
Erosion and sediment control measures will be installed at the outlet of Stream B.A pump around station will be utilized to divert water from the western portion of Stream B to the
eastern portion of Stream B while the 59'-8'x 6'RCBC is installed.The RCBC will be buried below the channel bed to provide continuous low flow and will be filled with native material
excavated from the stream bed or flood bench.Class-1 riprap will be placed at the downstream end of the culvert;the riprap and culvert installation will result in 107 If of permanent
impacts.Utilization of the pump around station will result in 36 If of temporary impacts to Stream B.
4j.Please upload project drawings for the proposed project.
McCullough_Permit_2021-03-10.pdf 3.73MB
5.Jurisdictional Determinations

5a.Have the wetlands or streams been delineated on the property or proposed impact areas?*
C Yes r No r Unknown
Comments:
The Approved JD package was issued on April 18,2016
5b.If the Corps made a jurisdictional determination,what type of determination was made?*
r Preliminary f: Approved r Not Verified r Unknown f N/A
Corps AID Number:
SAW-2016-00053
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): Joshua Kotheimer,PWS
Agency/Consultant Company: STV Engineers,Inc.
Other:
5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A field review was conducted by the USAGE on January 29,2016.The Approved JD package was issued on April 18,2016.
5d1.Jurisdictional determination upload
SAW-2016-00053 JD Tearsheet(4-18-2016).pdf 1.5MB
Figure_3_JurisdictionalFeatures.pdf 1.6MB
6. Future Project Plans
6a.Is this a phased project?*
C Yes (cNo
Are any other NWP(s),regional general permit(s),or individual permits(s)used,or intended to be used,to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a.Where are the impacts associated with your project?(check all that apply):
r Wetlands 17 Streams-tributaries r' Buffers
r Open Waters r Pond Construction
3.Stream Impacts
3a.Reason for impact(?) 3b.Impact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* 3f.Type of 3g.S.width* 3h.Impact
(?) Jurisdiction* length*
S1 Culvert Extension Temporary Dewatering Stream A Intermittent Both 5 9
Average(feet) (linear feet)
S2 Culvert Extension Permanent Culvert Stream A Intermittent Both 5 19
Average(feet) (linear feet)
S3 Culvert Installation Permanent Culvert Stream B Intermittent Both 10 107
Average(feet) (linear feet)
S4 Culvert Installation Temporary Dewatering Stream B Intermittent Both 10 36
Average(feet) (linear feet)
3i.Total jurisdictional ditch impact in square feet:
0
3i.Total permanent stream impacts: 3i.Total temporary stream impacts:
126 45
3i.Total stream and ditch impacts:
171
3j.Comments:
E. Impact Justification and Mitigation t"
1.Avoidance and Minimization
1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:

The preferred alternative chosen will result in minimal impacts to jurisdictional waters of the U.S.Rather than removing the existing pipe along Stream
A the pipe will be extended to minimize impacts,this work will also be completed from the upland roadway approaches.Rock inlet sediment traps will
also be installed on the northern end of Stream A to reduce velocity and remove sediment.Retaining walls will be installed along Stream B at the
upstream and downstream culvert ends.In both Streams A and B,a pump around station will be utilized to divert water to reduce impacts to water
quality during the pipe/culvert installations.All work will be conducted from the surrounding upland areas.
lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
NCDOT Best Management Practices for Construction and Maintenance Activities will be employed.Demolition and construction methods from the
upland roadway approaches will be used to minimize potential temporary demolition related impacts and avoid construction related impacts.
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 rNo
2c.If yes,mitigation is required by(check all that apply):
r DWR fJ Corps
2d.If yes,which mitigation option(s)will be used for this project?
n Mitigation bank 17 Payment to in-lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In-lieu Fee Program
4a.Approval letter from in-lieu fee program is attached.
( Yes r No
4b.Stream mitigation requested:
(linear feet) 4c.If using stream mitigation,what is the stream temperature:
126 warm
4d.Buffer mitigation requested(DWR only): 4e.Riparian wetland mitigation requested:
(square feet) (acres)
4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested:
(acres) (acres)
4h.Comments
Stream mitigation is being requested for the 19 If of S2 permanent stream impacts and the 107 If of S3 permanent stream impacts.Mitigation is not
proposed for the temporary S1 and S4 impacts.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) U
1. Diffuse Flow Plan
la.Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
✓ Yes ( No
If no,explain why:
Project is located in the Yadkin-Pee Dee River Basin and is not subject to NC Riparian Buffer Protection Rules.
2.Stormwater Management Plan
2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes ( No
2b.Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)?
✓ Yes ( No
2c.Does this project have a stormwater management plan(SMP)reviewed and approved under a state stormwater program or state-approved local government stormwater
program?
✓ Yes ( No
✓ N/A-project disturbs<1 acre
3.Stormwater Requirements
3a.Select whether a completed stormwater management plan(SMP)is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
✓ Stormwater Management ( Antidegradation
Plan Calculations
3b.Stormwater Management Plan
3c.Antidegradation Calculations:
McCullough Drive-Storm Water Design Report_Final_Submittal.pdf 66.48MB
Comments:

Please see the attached Storm Water Design Report for details on the minimization of water quality impacts.
G. Supplementary Information
1. Environmental Documentation
la.Does the project involve an expenditure of public(federal/state/local)funds or the use of public(federal/state)land?*
( Yes rNo
lb.If you answered"yes"to the above,does the project require preparation of an environmental document pursuant to the requirements of the National or State(North Carolina)
Environmental Policy Act(NEPAISEPA)?*
✓ yes ( No
Comments:*
The McCullough Drive Streetscape Improvements project is locally funded by the City of Charlotte.Pursuant to GS_113A-12:'...no environmental
document shall be required in connection with:(2)an action approved under:i.A certification issued by the Division of Water Resources of the
Department of Environmental Quality under the authority granted to the Environmental Management Commission by G.S.143B-282(a)(1)4.'Since the
project would be authorized by a Section 401 Water Quality Certification,SEPA does not apply.
In addition,environmental impacts associated with the project fall well below the minimum criteria thresholds established by DWR including 500 linear
feet of perennial channel and one acre of wetlands;the McCullough Drive Streetscape Improvements project will permanently impact 126 linear feet of
stream determined to have seasonal/intermittent hydrology,and no wetlands.
2.Violations(DWR Requirement)
2a.Is the site in violation of DWR Water Quality Certification Rules(15ANCAC 2H.0500),Isolated Wetland Rules(15A NCAC 2H.1300),or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules(15A NCAC 2B.0200)?*
✓ Yes ( No
3. Cumulative Impacts(DWR Requirement)
3a.Will this project result in additional development,which could impact nearby downstream water quality?*
✓ Yes ( No
3b.If you answered"no,"provide a short narrative description.
This project will support the ongoing development occurring in this area.
4.Sewage Disposal(DWR Requirement)
4a.Is sewage disposal required by DWR for this project?*
✓ Yes ( No r N/A
5. Endangered Species and Designated Critical Habitat(Corps Requirement)
5a.Will this project occur in or near an area with federally protected species or habitat?*
( Yes rNo
5b.Have you checked with the USFWS concerning Endangered Species Act impacts?*
( Yes rNo
5c.If yes,indicate the USFWS Field Office you have contacted.
Asheville
5d.Is another Federal agency involved?*
✓ Yes ( No r Unknown
5e.Is this a DOT project located within Division's 1-8?
✓ Yes ( No
5f.Will you cut any trees in order to conduct the work in waters of the U.S.?
( Yes r No
5g.Does this project involve bridge maintenance or removal?
✓ Yes ( No
5h.Does this project involve the construction/installation of a wind turbine(s)?*
✓ Yes ( No
5i.Does this project involve(1)blasting,and/or(2)other percussive activities that will be conducted by machines,such as jackhammers,mechanized pile drivers,etc.?
✓ Yes ( No
5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC,NCNHP data,and site specific surveys;see supplemental information attached under Miscellaneous for threatened and endangered
species write-ups and biological conclusions.Although habitat was present for Schweinitz's sunflower,smooth coneflower,and Michauxts sumac within
the project study area,there is a limited amount of marginal potential habitat for the above-mentioned species.Based on the project's minor impacts
to marginal habitat and the previous plant by plant surveys,the biological conclusion remains'No Effect'for these three protected plant species.
Additionally,a NCNHP report generated February 18,2021 did not identify any federally listed T&E species within one mile of the project.

Consultation Documentation Upload
McCullough_NCNHP_Report_02182021.pdf 1.02MB
6. Essential Fish Habitat(Corps Requirement)
6a.Will this project occur in or near an area designated as an Essential Fish Habitat?*
(' Yes ( No
6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources(Corps Requirement)
7a.Will this project occur in or near an area that the state,federal or tribal governments have designated as having historic or cultural preservation status?*
✓ Yes ( No
7b.What data sources did you use to determine whether your site would impact historic or archeological resources?*
Correspondence from the SHPO dated June 8,2018(attached),indicates no potential historic resources in the project study area.In addition,the NC
Department of Environmental Quality GIS on-line system and the National Register of Historic Places were reviewed to determine if historic or cultural
resources were present on or near the study area.It was determined that no historic or cultural resources would be affected by the McCullough Drive
Streetscape Improvements project.
7c.Historic or Prehistoric Information Upload
SHPO ER 18-1158.pdf 99.43KB
8. Flood Zone Designation(Corps Requirement)
8a.Will this project occur in a FEMA-designated 100-year floodplain?*
(' Yes ( No
8c.What source(s)did you use to make the floodplain determination?*
FEMA FIRM Maps(3710457600K effective 11/16/2018)
Miscellaneous
Comments
Additional Miscellaneous attachments include Supplemental Information regarding the Threatened and Endangered Species that are listed in Mecklenburg County.A delineation report
is also attached;this report includes supplemental information to the jurisdictional determination package that was issued on April 18,2016.Following the issuance of the MD,
additional areas were added to the project study area-these areas were surveyed on September 22,2017 by STV and determined to be uplands only.The delineation report,including
NCSAM forms and updated photographs are provided for informational purposes in support of the Section 404/401 application-a JD is not being requested.
Miscellaneous attachments not previously requested.
T&E Supplemental info for McCullough Drive ePCN Form.pdf 136.96KB
FINAL_McCullough_Revised_Delineation-Report.pdf 10.57MB
Signature U
*
IJ By checking the box and signing below,I certify that:
• The project proponent hereby certifies that all information contained herein is true,accurate,and complete to the best of my knowledge and belief;and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true,accurate,and complete information on this form;
• I agree that submission of this PCN form is a"transaction"subject to Chapter 66,Article 40 of the NC General Statutes(the"Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66,Article 40 of the NC General Statutes(the"Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature;AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Michael lagnocco
Signature
Date
4/20/2021