20221211 Ver 1_ePCN Application_20220902

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
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.
Pre -Filing Meeting Date Request was submitted on:
7/12/2022
BIMS # Assigned* Version#*
20221211 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Paw Creek Greenway
la. Who is the Primary Contact?*
Elias Ruhl
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Doug Perez:eads\djperez
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
9/2/2022
Nearest Body of Water
Paw Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.256673 -80.954854
A. Processing Information
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

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: 42 - Recreation Facility
NWP Numbers (for multiple NWPS):
Regional General Permit (RGP) Number: Other
RGP Numbers (for multiple RGPS):
4266
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
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. 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
Id. 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:
Mecklenburg County
2b. Deed book and page no.:
2c. Contact Person:
Robert Billings
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
3205 Freedom Drive
Address Line 2
Suite 6000
City
Charlotte
Postal / Zip Code
28208
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Mecklenburg County
3b. Business Name:
Mecklenburg County Parks and Recreation Department
3c. Address
Street Address
3205 Freedom Drive
Address Line 2
Suite 6000
City
Charlotte
Postal / Zip Code
28208
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Elias Ruhl
4b. Business Name:
Froehling & Robertson, Inc.
State / Province / Region
NC
Country
USA
3e. Fax Number:
4c. Address
Street Address
310 Hubert Street
Address Line 2
City State / Province / Region
Raleigh NC
Postal / Zip Code Country
27603 USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Charlotte, North Carolina
2. Project Identification

2a. Property Identification Number:
05522338, 05524108, 05525415, 05522588,
05522589, and 05522493
2b. Property size:
90
2c. Project Address
Street Address
0 Becklinghall Drive and 0 Paw Village Drive
Address Line 2
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28214 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Paw Creek
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011404
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 area consists of a 100 foot corridor along a proposed greenway through Robert L. Smith Park for a length of approximately 2 miles totaling approximately 90 acres. The site is
currently comprised of wooded land and an existing cleared sewer easement.
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:
0
4g. List the total estimated linear feet of all existing streams on the property:
3407
4h. Explain the purpose of the proposed project: *
Mecklenburg County's greenway masterplan proposes to connect Robert L. Smith District Park via a greenway with many other destinations in the area, including the Whitewater Center
and the overall Mecklenburg County greenway network. The purpose of this project is to provide a new greenway, approximately 2 miles in length, along Paw Creek in the existing Robert
L. Smith Park to connect the surrounding neighborhoods to the park and future planned greenways in the region. Three pedestrian bridges across Paw Creek will be constructed to provide
these neighborhood connections. This greenway will provide free, public, off road, close to home walking and biking access to a sizeable public park. It will also allow people with
disabilities to safely access the park and experience a scenic creekside greenway.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Construction of the pedestrian bridges will be in the floodplain and Mecklenburg County's floodplain development ordinance requires a no -rise condition be maintained. A hydraulic study
was completed to set the bridge finish elevations and proposed grades around the supporting abutments. In order to achieve a no -rise minor grading of the existing Paw Creek bank will be
needed. In terms of clearing the majority of the proposed greenway is located within a Charlotte Water sanitary sewer easement and will require very little clearing. Construction equipment
will use the existing open grass sanitary sewer easement for access and staging. The on -site construction route for the greenway corridor and proposed pedestrian bridge area will be
approximately +/-2 miles long by 50' wide. The route is over an existing well -maintained grass sanitary sewer easement in the park. Very little clearing will be required.
The Construction equipment used to build the pedestrian bridges will be industry standard dump trucks, loaders, pile drivers, and crane, and excavator. Only limited grading will be needed
for the pedestrian bridges. This is primarily needed to set the bride high enough to achieve a no rise and then maintain a wheelchair accessible approach to each side of the bridge from
the proposed greenway. Any surplus fill generated by the project will be transported off -site and disposed of in a legally approved landfill.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01473
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Eric Kessler
Unknown
Agency/Consultant Company: Froehling & Robertson, Inc.

Other:
6. Future Project Plans
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?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
3a. Reason for impact i?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Greenway crossing
Temporary
Stabilization
Stream 2
Intermittent
Both
8
Average (feet)
83
(linear feet)
S2
Greenway crossing
Permanent
Stabilization
Paw Creek
Perennial
Both
30
Average (feet)
91
(linear feet)
S3
Greenway crossing
Temporary
Bank Stabilization
Paw Creek
Perennial
Both
30
Average (feet)
245
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
91
3i. Total stream and ditch impacts:
419
3i. Total temporary stream impacts:
328
3j. Comments:
A total of 2,724 SF of permanent stream impacts are proposed within Paw Creek at the crossing location. The proposed impacts increase the amount of
proposed stream bed in order to achieve a no -rise condition and comply with flood mitigation measures.
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:
Impacts to on -site jurisdictional water of the U.S. have been reduced to the maximum extent practicable. Multiple bridge locations and alignments that
did not require impacts to the creek bank were unsuccessfully considered to achieve a no rise. Ultimately, removal of material from the creek bank was
needed to achieve a no rise. Pre-engineered bridges are being used to span Paw Creek in a single span to avoid additional impacts to the creek bottom.
Piles supported abutments are being used for the bridge to minimize grading near the top of creek banks.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
During construction adequate sedimentation and erosion control measures will be used to contain sediment and prevent any disturbances to
downstream waters. Construction will follow NCDEQ best practices. All work 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 this project DOES NOT require Compensatory Mitigation, explain why:
Impacts are below the established thresholds for mitigation per NWP 42 and WQGC 4266.
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

If no, explain why:
Site not located within the Catawba River riparian buffer area.
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:
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
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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes - No
Comments: *
Project meets the Minor Construction Activities definition outlined in 15A NCAC 01 C .0408 and does not require a SEPA.
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 greenway project within the existing Robert L. Smith Park will connect the existing surrounding neighborhoods to the park. Additional
development is not anticipated to result as it is intended to serve existing development within the areas surrounding the project.
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?
Froehling & Robertson (F&R) completed a Threatened & Endangered Species Survey, a query through the NC Natural Heritage Program database, and
obtained an official Species List through the USFWS iPaC. Based on the documented efforts to identify listed species and their associated habitat, the
proposed actions are not likely to adversely affect federally -listed endangered or threatened species, their formally
designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see attached F&R Threatened &
Endangered Species report and associated documentation.
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 Essential Fish Habitat Mapper (https://www.habitat.noaa.gov/apps/efhmapper) accessed on August 31, 2022.
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?*
NC SHPO GIS WebMapper. Based on F&R's review of information available at the SHPO GIS website, sites listed on the National Register (NR) or on
the Study List (SL) for the NR were not identified on or adjacent to the project review area. Additionally, other sites of historic or cultural significance
were also not identified.
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:
A hydraulic no rise study for Paw Creek was prepared in accordance with FEMA and Mecklenburg County requirements for all proposed trail, pedestrian
boardwalks, and bridges in the floodplain. The elevations for each of these improvements was carefully established based on the no rise study in efforts
to achieve a no -rise condition. Mecklenburg County has reviewed the no rise study and issued a floodplain development permit for the project. A copy of
the permit is attached.
8c. What source(s) did you use to make the floodplain determination?*
FEMA and Mecklenburg County requirements and guidelines.
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
Paw Creek PCN Cover Letter and Attachments.pdf 29.93MB
2022.7.12 Paw Creek Combined CDs_reduced.pdf 58.73MB
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:
Elias N. Ruhl
Signature
c c9`L- c.
Date
9/2/2022