HomeMy WebLinkAbout20211729 Ver 1_ePCN Application_20211123DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned* Version#*
20211729 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed? *
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnsonl
Information for Initial Review
la. Name of project:
Torrence Creek Project
la. Who is the Primary Contact?*
JC Weaver
1 b. Primary Contact Email: * lc. Primary Contact Phone: *
jc.weaver@terracon.com (704)345-2230
Date Submitted
11/23/2021
Nearest Body of Water
Upper tributary of Torrence Creek
Basin
Catawba
Water Classification
WS-IV
Site Coordinates
Latitude:
35.41312
A. Processing Information
Longitude:
-80.86510
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
Yes No
ID#
Pre -fling Meeting or Request Date
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
File type must be PDF
la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
lf. Is this an after -the -fact permit application?*
Yes No
Version
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Jennifer Smith
2b. Deed book and page no.:
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
600 East Fourth Street
Address Line 2
City
Charlotte
Postal / Zip Code
28202
State / Province / Region
NC
Country
Mecklenburg
2e. Telephone Number: 2f. Fax Number:
(704)345-2230
2g. Email Address: *
jc.weaver@terracon.com
3. Applicant Information (if different from owner)
3a. Name:
City of Charlotte
3b. Business Name:
3c. Address
Street Address
600 East Fourth Street
Address Line 2
City
Charlotte
Postal / Zip Code
28202
3d. Telephone Number:
(704)345-2230
3f. Email Address: *
jc.weaver@terracon.com
4. Agent/Consultant (if applicable)
4a. Name:
JC Weaver
4b. Business Name:
Terracon
4c. Address
Street Address
2701 Westport Road
Address Line 2
City
Charlotte
Postal / Zip Code
28208
4d. Telephone Number:
(704)345-2230
4f. Email Address: *
jc.weaver@terracon.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
Mecklenburg
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Huntersville
2. Project Identification
2a. Property Identification Number:
017-152-20, 017-142-14, 017-142-05, 017-
145-28, 017-145-77, 017-145-98, 017-155-99,
017-145-97, and 017-153-07
2c. Project Address
Street Address
9519 ROSEWOOD MEADOW LN
Address Line 2
City
Huntersville
Postal / Zip Code
28208
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Upper tributary of Torrence Creek
3b. Water Resources Classification of nearest receiving water: *
WS-IV
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011401
4. Project Description and History
2b. Property size:
63.74
State / Province / Region
NC
Country
Mecklenburg
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 site consists of riparian and upland forests, a maintained sewer line Right -Of -Way, an unnamed tributary to Torrence Creek, and a parking lot.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
11.04
4g. List the total estimated linear feet of all existing streams on the property:
3,607
4h. Explain the purpose of the proposed project: *
The proposed project involves the extension and development of a gravel and boardwalk pedestrian pathway for the Town of Huntersville Greenway system, linking and extending the
existing Torrence Creek greenway path from Rosewood Meadow Lane to Huntersville Gateway Road.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project consists of the proposed alignment of portions of nine contiguous tax parcels totaling approximately 20 acres located between Rosewood Meadow Lane and
Statesville Road in Huntersville, Mecklenburg County, North Carolina. The site is identified on the Mecklenburg County GIS website as Parcel No.'s.: 017-152-20, 017-142-14, 017-142-05,
017-145-28, 017-145-77, 017-145-98, 017-155-99, 017-145-97, and 017-153-07. The proposed project would involve the extension and development of a pedestrian pathway (greenway)
along Torrence Creek for the Town of Huntersville Greenway system. This project would consist of minimal tree removal, and boardwalk and bridge construction as well as development of
a gravel pathway extending the existing Torrence Creek greenway path from Rosewood Meadow Lane to Huntersville Gateway Road.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
See attached map
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
JC Weaver
Terracon
Unknown
6a. Is this a phased project?*
Yes No
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?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W9
matting
T
Headwater Forest
W9
Yes
Corps
0.150
(acres)
2g. Total Temporary Wetland Impact
0.150
2g. Total Wetland Impact
0.150
2g. Total Permanent Wetland Impact
0.000
2i. Comments:
Temporary impacts will be from timber matting in support of stream crossing, the area will be restored with the removal of the timber matting and an
application of a native seed mix.
3. Stream Impacts
3a. Reason for impact CO
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
3h. Impact
length*
Si
Pedestrian bridge
Temporary
Workpad/Causeway
Torrence Creek (S3)
Perennial
Both
8
Average (feet)
38
(linear feet)
S2
Bridge abutments
Permanent
Excavation
Torrence Creek (S3)
Perennial
Both
8
Average (feet)
38
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
38
3i. Total stream and ditch impacts:
76
3i. Total temporary stream impacts:
38
3j. Comments:
Temporary impacts will be from timber matting in support of stream crossing, the area will be restored with the removal of the timber matting and an
application of a native seed mix.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Bridge and boardwalks were specifically design to minimize impacts to aquatic resources by utilizing the minimum width allowed to make a pedestrian
boardwalk possible while still making the project feasible, as well as, reducing possible mitigation and permitting costs.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Timber matting will be utilized to minimize soil disturbance will allowing for a stable work platform for construction equipment. Pylons for the proposed
boardway will be installed utilizing a top down method that pushes the pylon into the soil without the need for auguring or excavation.
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 this project DOES NOT require Compensatory Mitigation, explain why:
NA
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
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
Comments:
NA
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 No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 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.
The proposed project would be constructed within an existing urban development, significant urban development within the proposed project foot print is
not likely.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No 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 No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes 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?
Terracon contacted the North Carolina Natural Heritage Program (NCNHP) Office for technical assistance regarding documented occurrence of rare,
threatened, or endangered species at the site or in the vicinity of the site. No Federally protected species were identified within the project boundaries or
vicinity of the proposed project. Terracon utilized the USFWS IPaC search engine to identify critical habitat that may occur on the site. According to IPaC
there are no critical habitats, national wildlife refuges, or fish hatcheries within the project boundaries.
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?*
Terracon reviewed the National Oceanic and Atmospheric Administration Essential Fish Habitat Mapper for potential fish habitat, no essential fish habitat
was identified within the proposed project boundaries.
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?*
Research conducted by North Carolina Office of State Archaeology (OSA) staff on behalf of Terracon revealed that three previous archaeological
investigations have been conducted and eight previously recorded archaeological sites are located within one half -mile of the proposed project area. In
addition, research conducted using the North Carolina State Historic Preservation Office HPOWEB GIS service database did not identify any historic or
cultural resources within the proposed project area.
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 proposed project would not involve the development of residences or commercial buildings. Boardwalks and bridges would be designed to
withstand flood events.
8c. What source(s) did you use to make the floodplain determination?*
Terracon reviewed the FEMA National Flood Hazard Layer (NFHL) Viewer for the proposed project. The NFHL indicates the proposed project location is
within area AE, a regulatory floodway.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Torrence Creek Tributary II Greenway_Limited Disturbance Exhibit EPCN.pdf 6.58MB
File must be PDF or KMZ
Comments
Signature
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:
JC Weaver
Signature
TC Gvea1(-er
Date
11/23/2021