20131163 Ver 1_401 Application_20131113

Dennison, Laurie
From:
Burdette, Jennifer a
Sent:
Tuesday, November 05, 2013 7:50 AM
To:
Dennison, Laurie
20131163
Subject: FW: Town of Davidson NC Roosevelt Wilson Park FERC
Attachments: PCN1- 4- 2009interactive- reader- enabled2013- 06.pdf
Laurie,
Would you mind to please print out and log in this buffer application?
Thanks,
Jennifer
Jennifer A. Burdette
401 /Buffer Coordinator
401 & Buffer Permitting Unit
Wetlands Branch
NCDENR - Division of Water Resources - Water Quality Programs
1650 Mail Service Center
Raleigh, NC 27699 -1650
(919) 807 -6364 phone
(919) 807 -6494 fax
*Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation. *
From: Doug Wright ( mailto :dwright @townofdavidson.org]
Sent: Monday, November 04, 2013 10:44 AM
To: Burdette, Jennifer a
Subject: RE: Town of Davidson NC Roosevelt Wilson Park FERC
Jennifer,
I am assuming we do need the buffer authorization, and have attached the PCN. Please let me know if there are
omissions.
Thanks,
Doug Wright
Public Works & Project Manager
The Town of Davidson
704 - 940 -9625
From: Burdette, Jennifer a fmailto:Jennifer.Burdette@ ncdenr.g-ov1
Sent: Monday, October 21, 2013 4:18 PM
To: Doug Wright; Johnson, Alan; Priddy, Corey ( Corey. Priddy (&mecklenbu[gcountync.g_ov); Higgins, Karen; Setzer, Britt;
[e-mail]
Subject: RE: Town of Davidson NC Roosevelt Wilson Park FERC
The boardwalk is a replacement of an existing, on -going use that is exempt from the rule. When I reviewed the plans, I
saw vegetated areas between the boardwalk and pond, which would be impacted by the new piers. The cross - section

shows that these areas are above full pond and would be riparian buffer. However, the survey map shows that the piers
are inside of the 760 contour. If the piers are over "water" instead of buffer then they would fall under the exempt
water dependent structures category, which does not require a PCN application and written approval. If the piers result
in disturbance to riparian buffer then a buffer authorization is required.
Thanks,
Jennifer
Jennifer A. Burdette
401 /Buffer Coordinator
401 & Buffer Permitting Unit
Wetlands Branch
NCDENR - Division of Water Resources - Water Quality Programs
1650 Mail Service Center
Raleigh, NC 27699 -1650
(919) 807 -6364 phone
(919) 807 -6494 fax
*Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation.*
From: Doug Wright fmailto :dwrightC&townofdavidson.orgl
Sent: Monday, October 21, 2013 3:18 PM
To: Johnson, Alan; Burdette, Jennifer a; Priddy, Corey ( Corey. Priddy (&mecklenburgcountvnc.gov); Higgins, Karen; Setzer,
Britt; william .a.elliott(&usace.army.mil
Subject: RE: Town of Davidson NC Roosevelt Wilson Park FERC
I have corrected William Elliott's email address so he is included in the discussion.
Thanks,
Doug Wright
Public Works & Project Manager
The Town of Davidson
704 - 940 -9625
From: Johnson, Alan [ mailto:alan.johnson @ncdenr.aovl
Sent: Monday, October 21, 2013 2:46 PM
To: Doug Wright; Burdette, Jennifer a; william.elliot(&usace.army.mil; Priddy, Corey
( Corey. Priddy @mecklenburgcountync.gov); Higgins, Karen; Setzer, Britt
Subject: RE: Town of Davidson NC Roosevelt Wilson Park FERC
Guys, this is an existing boardwalk that is adjacent to Griffith St. It is "pinched" between Griffith Street and the
pond. The pond connects to "lake Davidson" via culvert on the other side of the road, which then connects to Lake
Norman via culvert on the other side of 1 -77.
This should be exempt via replacement of an existing use. The "pier" is a simple widening out over the pond in the same
manner that docks are constructed.
No impacts, no trees, no buffer impacts are to occur.
I would suggest that the entire activity is exempt and no buffer authorization /401 certification is required.

Britt, not sure public water has any issues.
William, I figure this would fall under the MOU with Duke Lake Mgt. (as does most shoreline stabilization and pier /dock
permits.
Corey, your just an innocent bystander.
And Karen /Jennifer, anything I am missing?
Alan
From: Doug Wright fmailto :dwrightatownofdavidson.org]
Sent: Monday, October 21, 2013 2:24 PM
To: Burdette, Jennifer a; Johnson, Alan; william .elliotCa)usace.army.mil; Priddy, Corey
(Corey. PriddyC&mecklen burgcountync.gov); Higgins, Karen; Setzer, Britt
Subject: RE: Town of Davidson NC Roosevelt Wilson Park FERC
I would appreciate some clarification on the review requirements. Is the town required to seek a 404 permit from the
Army Corp? I understand NCDNER Division of Water Quality and Division of Water Resources is the same agency ... If
so, who is processing the application?
I have attached a short summary of the project.
Thanks,
Doug Wright
Public Works & Project Manager
The Town of Davidson
704- 940 -9625
From: Burdette, Jennifer a (mailto:Jennifer.Burdette )ncdenr.gov]
Sent: Monday, October 21, 2013 8:19 AM
To: Doug Wright
Subject: RE: Roosevelt Wilson Park
Doug,
Here's the link to the web page with the Pre - Construction Notification Form that is required for your project.
http: / /portal.ncdenr.org /web /wq /swp /ws /4011certsandpermits /apply /forms
I'll be in the office until 10am this morning. Please give me a call if this link doesn't work and you would like me to walk
you through the website. It takes a fair number of clicks to get to the application page.
Thanks,
Jennifer
Jennifer A. Burdette
401 /Buffer Coordinator
401 & Buffer Permitting Unit
Wetlands Branch
NCDENR - Division of Water Resources - Water Quality Programs

1650 Mail Service Center
Raleigh, NC 27699 -1650
(919) 807 -6364 phone
(919) 807 -6494 fax
*Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation.*
From: Doug Wright [ mailto :dwright@townofdavidson.o[g]
Sent: Sunday, October 20, 2013 2:42 PM
To: Burdette, Jennifer a
Subject: FW: Roosevelt Wilson Park
Jennifer,
Sorry the links are not working for me — can you please paste them in a response email? I would really appreciate it.
Doug Wright
Public Works & Project Manager
The Town of Davidson
704- 940 -9625
From: Burdette, Jennifer a [ mailto :Jennifer.Burdette(&ncdenr.cI
Sent: Friday, October 18, 2013 9:11 AM
To: Doug Wright
Subject: Roosevelt Wilson Park
David,
Attached is our comment letter with information about applying for a 401 water quality certification and buffer
authorization for the subject project.
Thanks,
Jennifer
Jennifer A. Burdette
401 /Buffer Coordinator
401 & Buffer Permitting Unit
Wetlands Branch
NCDENR - Division of Water Resources - Water Quality Programs
1650 Mail Service Center
Raleigh, NC 27699 -1650
(919) 807 -6364 phone
(919) 807 -6494 fax
*Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation.*

�o of W Arell ?
O T
20131163
Office Use Only:
Corps action ID no
DWQ project no
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps:
❑ Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: ? or General Permit (GP) number: ?
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes Q 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 Q 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 Q No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes Q No
2. Project Information
2a. Name of project:
Town of Davidson Roosevelt Wilson Park Causeway Bridge
2b. County:
Mecklenburg
2c. Nearest municipality / town:
Davidson
2d. Subdivision name:
NA
2e. NCDOT only, T.I.P. or state project no:
NA; town project
3. Owner Information
3a. Name(s) on Recorded Deed:
DUKE POWER COMPANY AND C/0 TAX DEPT -PB05B
3b. Deed Book and Page No.
02331 -113 02331 -113
3c. Responsible Party (for LLC if
applicable):
3d. Street address.
Griffith St
3e. City, state, zip:
Davidson, NC 28036
3f. Telephone no.:
NA
3g. Fax no.:
3h. Email address:
NA
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner) j
4a. Applicant is:
❑ Agent Other, specify: municipality
4b. Name:
Town of Davidson, NC
4c. Business name
(if applicable):
4d. Street address:
216 South Main St / PO Box 579
4e. City, state, zip:
Davidson NC 28036
V. Telephone no.:
704- 940 -9625
4g. Fax no.:
4h. Email address:
dwdght @townofdavidson.org
5. Agent/Consultant Information (if applicable)
5a. Name:
NA
5b. Business name
(if applicable):
NA
5c. Street address:
NA
5d. City, state, zip:
NA
5e. Telephone no.:
NA
5f. Fax no.:
NA
5g. Email address:
NA
Page 2of10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
00323554
1b. Site coordinates (in decimal degrees):
Latitude: Longitude:
1c. Property size:
4 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
LAKE NORMAN
2b. Water Quality Classification of nearest receiving water:
Class CA
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 site is a town park. A body of water on the site is connected to Lake Davidson and Lake Norman via culverts
3b. List the total estimated acreage of all existing wetlands on the property: 4
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 485
3d. Explain the purpose of the proposed project:
The project is the replacement of a deteriorating boardwalk along Griffith St in Roosevelt Wilson Parkin Davidson ,NC We propose to add 675 additio
ll�
3e. Describe the overall project in detail, including the type of equipment to be used:
The existing boardwalk has been demolished New piers will be driven with a pile driver The boardwalk structure will be built using typical deck const
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑ Yes ❑ No Q Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
El Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company: ?
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
this project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
A FERC application was done in the past when the original boardwalk was constructed
6. Future Project Plans
6a. Is this a phased project?
❑Yes Q No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams — tributaries Q 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.
Wetland impact
number
Permanent (P) or
Temporary
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 -
Choose one
-
-
S2 -
Choose one
-
-
S3 -
Choose one
_
_
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
3h. Total stream and tributary impacts
31. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

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.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02 -
Choose one
Choose
03
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
S. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
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 any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico © Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
61 T
minor grading and pile excv
NA
No
4,000
B2
Yes /No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
4,000
6i. Comments: Minor grading and piles driven along pond bank
Page 5 of 10

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.
Walkway Piers are minimum required by building code
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Use of silt fence along project boundary. Consultation with Mecklenburg County water quality staff regarding post - construction ordinance and erosion
management
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 X❑ 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
Payment to in -lieu fee ram
❑ ro men
y program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
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:
Choose one
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 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project rsult in an impact within a protected riparian buffer that requires
buffer mitigation?
� Yes Q 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

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
❑X 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.
The project is a wooden walkway above a riparian buffer The riparian buffer will continue to be
The buffer is between the body The
❑ Yes ❑X No
vegetated after construction. pinched a roadway and of water
buffer is located in a town - maintained street right -of -way and serves as sidewalk for a mayor road
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:
Silt fence has been installed along the length of the project
2e. Who will be responsible for the review of the Stormwater Management Plan?
Mecklenburg County Water Quality staff
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Town of Davidson NC
❑x Phase II
3b. Which of the following locally- implemented stormwater management programs
❑ NSW
USMP
apply (check all that apply):
8 Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes Q No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state - implemented stormwater management programs apply
ORW
(check all that apply):
H 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 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal /stateAocal) funds or the
M Yes
❑ No
use of public (federal /state) land?
i 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
Q 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
Q No
or Riparian Buffer Rules (15A NCAC 26 .0200)?
2b. Is this an after- the -fact permit application?
El Yes
Q 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
Q 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.
NA
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
X es Y No
❑ ❑
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑X Yes ❑ No
impacts?
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?
Review by US Fish and Wildlife Service, Mr. Mark Cantrell
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?
Approval from State Fish 8 Wildlife
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 ❑X 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?
Approval from SHPO and Catawba Indian Nation
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:
8c. What source(s) did you use to make the floodplain determination?
Mecklenburg County GIS system
Douglas G Wright
11 -02 -2013
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