HomeMy WebLinkAbout20220805 Ver 3_ePCN Application_20220913DWR
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:
4/19/2022
BIMS # Assigned* Version#*
20220805 3
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
Information for Initial Review
la. Name of project:
Poplar Glen Channel Improvements
la. Who is the Primary Contact?*
Todd Huntsinger
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Doug Perez:eads\djperez
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
tdh@indiantrail.org (704)821-5401
Date Submitted
9/13/2022
Nearest Body of Water
Davis Mine Creek
Basin
Catawba
Water Classification
Class C
Site Coordinates
Latitude: Longitude:
35.075430 -80.690315
A. Processing Information
County (or Counties) where the project is located:
Union
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
Please provide the date of the previous submission.*
6/13/2022
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: 13 - Bank Stabilization
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:
If. 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
lg. 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:
see attached property owner information
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
see attached property owner information
Address Line 2
City
Stallings
Postal / Zip Code
28104
2e. Telephone Number:
(999)999-9999
2g. Email Address: *
no@email.address
3. Applicant Information (if different from owner)
3a. Name:
Todd Huntsinger
3b. Business Name:
Town of Indian Trail
3c. Address
Street Address
315 Matthew -Indian Trail Rd
Address Line 2
City
Stallings
Postal / Zip Code
28079
3d. Telephone Number:
(704)821-5401
3f. Email Address: *
tdh@indiantrail.org
4. Agent/Consultant (if applicable)
4a. Name:
Dan Zurlo
4b. Business Name:
WK Dickson
4c. Address
Street Address
1213 W Morehead St Ste 300
Address Line 2
City
Charlotte
Postal / Zip Code
28208
4d. Telephone Number:
(704)334-5348
4f. Email Address: *
dzurlo@wkdickson.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
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:
Indian Trail
2. Project Identification
2a. Property Identification Number:
see attached property information list
2b. Property size:
0.96
2c. Project Address
Street Address
5193 Poplar Gen Dr
Address Line 2
City
Indian Trail
Postal / Zip Code
28104
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Davis Mine Creek
3b. Water Resources Classification of nearest receiving water: *
Class 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.
030501030202
4. Project Description and History
State / Province / Region
NC
Country
USA
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:*
On -site conditions generally consist of an historically channelized tributary to Davis Mine Creek and associated lawn areas. The current channel consists primarily of silt bottom and no
other stabilizing in -channel structure. Banks are heavily maintained. Current channel dimensions are not suitable for flood flows typical of the watershed. Land use in the vicinity consists of
residential subdivisions and fragmented mixed forest.
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:
481
4h. Explain the purpose of the proposed project: *
The purpose of the project is to construct channel and bank improvements to the channelized upper tributary to Davis Mine Creek to improve in -channel habitat and the ability of the
channel to convey flood flows as flooding is a major problem in the surrounding residential community.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
This project proposes improvements to the channel and bank of the UT to Davis Mine Creek to improve channel stability and hydraulics of the watershed to reduce flooding. The project
will result in 481 If/0.024 ac. of temporary impacts due to channel improvement activities. Banks will be laid back and floodplain benches will be constructed. Riffle -pool bedforms will be
installed along the entire length so that channel dimensions will be appropriate for the volume of 2-year flows. In -channel structure will also be improved with the construction of riffle grade
control structures throughout the entire length of the channel. Approximately six 10-ft long/30 sq ft riffle structures will be constructed and spaced about 50 ft apart. This project will result in
a channel with improved ability to hold flood flows; a channel that will be more resistant to deleterious erosion resulting from said flood flows; and a channel that will contain substantially
improved in -channel habitat as the addition of riffles will provide substrate for a wide range of benthic fauna. Dewatering and pump around operations will occur so that work can be done
in the dry.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
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:
Dan Zurlo
WK Dickson
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?
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
3. Stream Impacts
Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Stabilization
Temporary
Bank Stabilization
Stream SA
Perennial
Corps
3
Average (feet)
481
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
481
3j. Comments:
E. Impact Justification and Mitigation
3i. Total temporary stream impacts:
481
u
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
No permanent loss of waters is proposed. All impacts will be temporary and aim to improve in -channel habitat and hydraulics. This project will result in a
channel with improved ability to hold flood flows; a channel that will be more resistant to deleterious erosion resulting from said flood flows; and a
channel that will contain substantially improved in -channel habitat as the addition of riffles will provide substrate for a wide range of benthic fauna.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All improvements will be constructed using natural channel design techniques. No artificial bank or channel hardening is proposed. Dewatering and
pump around operations will occur so that work can be done 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:
Project impacts fall short of USACE mitigation thresholds
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:
Project does not include and is not adjacent to any protected NC Riparian 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:
No new impervious surface is proposed
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: *
Expenditure does not meet the NEPA/SEPA thresholds
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.
No additional development is proposed.
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?
USFWS species list; NCNHP data
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
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 online gis data
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 panel 3710449800J
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
PoplarGlen_SignedAgentAuthorization.pdf 256.2KB
Impact figure.pdf 1.93MB
CombinedFigures.pdf 2.13MB
Pre -filing meeting request.pdf 126KB
Property Owners.pdf 48.81 KB
T&E species list.pdf 611.99KB
Existing Stream Photo.pdf 203.71KB
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:
Daniel Zurlo
Signature
Date
9/13/2022