HomeMy WebLinkAbout20221721 Ver 1_ePCN Application_20221205DWR
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:
11/3/2022
BIMS # Assigned* Version#*
20221721 1
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
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:eads\ahpitner
la. Name of project:
Idlewild Road Water Supply (Sharon Amity Rd to Monroe Rd)
la. Who is the Primary Contact?*
Megan Bollero
lb. Primary Contact Email:* lc. Primary Contact Phone:*
megan@cws-inc.net (757)576-6433
Date Submitted
12/5/2022
Nearest Body of Water
McMullen Creek
Basin
Catawba
Water Classification
Class C
Site Coordinates
Latitude: Longitude:
35.181779 -80.771426
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: 58 - Utility Line Activities for Water and Other Substances (frequently used)
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:
1f. 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
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:
Amy Vershel
2b. Deed book and page no.:
N/A (Charlotte Water easement)
2c. Contact Person:
2d. Address
Street Address
5100 Brookshire Blvd
Address Line 2
City
Charlotte
Postal /Zip Code
28216
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number:
(704)336-1077
2f. Fax Number:
2g. Email Address: *
amy.vershel@charlottenc.gov
4. Agent/Consultant (if applicable)
4a. Name:
Megan Bollero
4b. Business Name:
4c. Address
Street Address
550 E Westinghouse Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28273
4d. Telephone Number:
(757)576-6433
4f. Email Address: *
megan@cws-inc.net
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Charlotte
2. Project Identification
2a. Property Identification Number:
Multiple
2c. Project Address
Street Address
Address Line 2
Idlewild Road
City
Charlotte
Postal / Zip Code
28134
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
McMullen 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.
030501030106
4. Project Description and History
2b. Property size:
3
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:*
The Idlewild Road Water Supply site is approximately 3 acres in extent and is located southwest of the North Sharon Amity Road and Route 74 interchange in Charlotte, North Carolina
(Figure 1, attached).
The project area consists of undeveloped forested areas, herbaceous areas, maintained grassy areas, and a powerline Right -of -Way. On -site elevations range from 690-720 feet above
mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, mixed forest, woody wetlands, herbaceous areas, maintained grassy areas, and a powerline and
Right -of -Way.
According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Mecklenburg County (Figure 4) and the NRCS
Published Soil Survey for Mecklenburg County (Figure 5), on -site soils consist of three different soil types. All of the on -site soils listed on the Web Soil Survey are listed as containing
hydric inclusions.
A review of the NWI GIS layer depicts a potential riverine system in the north-eastern portion of the project limits and a potential forested wetland in the south-central portion of the project
limits (Figure 6).
Based on the results of wetland delineation performed by Carolina Wetland Services, there are six jurisdictional waters of the U.S. located within the project boundary totaling
approximately 0.08 acres, including 186 linear feet of jurisdictional stream channel (Figure 8).
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:
0.05
4g. List the total estimated linear feet of all existing streams on the property:
186
4h. Explain the purpose of the proposed project: *
The Idlewild Road Water Supply project involves installing a new water line. This project will provide for future water needs in the City of Charlotte
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Under Nationwide Permit (NWP) No. 58, proposed stream impacts associated with this water line construction project are due to four open cut stream crossings (S1-S3 and S7), and one
permanent at -grade crossing (S4-S6). Additionally, the project proposes one wetland crossing, resulting in a permanent wetland impact (W1).
The proposed impacts and construction plan details are included in the Attachment D. The proposed impacts are described in detail below.
Stream Impacts (S1-S7)
Four of the water line crossings will be constructed via open trench. The temporary impacts were calculated based on the width of the construction corridor and will include the temporary
dewatering devices required in order to construct the sewer line in the dry, temporary stream crossings, water line installation, and bank stabilization. Proposed temporary stream impacts
total 160 linear feet.
The one proposed permanent stream crossing will be constructed with armortlex or approved equal and keyed into the existing grade (S4-S6; Sheet 7; Attachment D). The permanent
crossing will be 12 linear feet wide with 8 feet of rip rap on the banks.
All areas disturbed by the work shall be re -graded to leave the area in a smooth condition, sloped for drainage and stabilized. All impacted stream banks shall be permanently stabilized
with woven coir matting and live stakes above the ordinary high water mark (Sheets 6 and 8; Attachment D). The proposed utility crossings will not result in any permanent loss of waters
of the U.S.
Wetland Impact (W1)
Proposed permanent wetland impacts to jurisdictional wetlands total approximately 0.05 acre. The permanent impacts are a result of a permanently maintained easement through forested
wetland, where forested wetland will be mechanically cleared and permanently converted to maintained herbaceous wetland.
All disturbed areas will be returned to original grade and seeded with a native seed mix within 90 days of completion of the project. Planting of canopy and shrub species is not proposed.
The undisturbed canopy and shrub species abutting the project corridor will naturally reseed the non -maintained portions of the corridor and will provide an assortment of existing and
diverse native vegetation that matches the abutting species.
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:
SAW-2022-02020
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
CWS, Inc.
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD issued by the USACE on August 30, 2022.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
There are multiple phases under the Idlewild Road Water Supply Project. There are only two other stream crossings associated with the other phases and they are both jack and bore
crossings, therefore there are no impacts. This Sharon Amity Rd to Monroe Rd phase is the only phase with stream and wetland impacts.
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
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
29. Impact
area*
W1
Permanent Clearing
P
Bottomland Hardwood Forest
Wetland AA
Yes
Corps
0.050
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.050
2i. Comments:
2g. Total Permanent Wetland Impact
0.050
Permanent wetland impacts are the result of converting forested wetland to herbaceous for the utility line easement.
3. Stream Impacts
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*
Si
Construction disturbance
Temporary
Fill
Stream D
Perennial
Corps
15
Average (feet)
35
(linear feet)
S2
Construction disturbance
Temporary
Fill
Stream C
Intermittent
Corps
3
Average (feet)
35
(linear feet)
S3
Construction disturbance
Temporary
Fill
Stream B
Intermittent
Corps
4
Average (feet)
35
(linear feet)
S4
Construction disturbance
Temporary
Fill
Stream A
Intermittent
Corps
12
Average (feet)
15
(linear feet)
S5
At -grade crossing
Permanent
Fill
Stream A
Intermittent
Corps
12
Average (feet)
12
(linear feet)
S6
Rip rap stabilization
Permanent
Bank Stabilization
Stream A
Intermittent
Corps
12
Average (feet)
8
(linear feet)
S7
Construction disturbance
Temporary
Fill
Stream E
Intermittent
Corps
3
Average (feet)
40
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
20
3i. Total stream and ditch impacts:
180
3i. Total temporary stream impacts:
160
3j. Comments:
Temporary stream impacts are the result of open cut sewer crossings and dewatering devices. Permanent stream impacts are the result of an at -grade
crossing. No loss of waters.
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 waters of the U.S. have been reduced to the maximum extent practicable. The Idlewild Road Water Supply project has
been designed to avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters. The
following paragraph outlines the alternatives analysis and avoidance and minimization efforts undertaken during the planning and design phase of this
project.
The project proposes only one permanent stream crossing.
The proposed stream crossings are perpendicular or near perpendicular.
The temporary construction corridor has been limited to 40 feet wide
The permanent access corridor has been limited to 30 feet wide.
The purpose of the permanent at -grade crossings is to provide ingress for Charlotte Water to maintain the waterline as it will be blocked by two creeks.
Trenchless boring under the creek was considered, but this carries the risk of "blow out" of the stream bed where bore pressures exceed the capacity of
the stream bed. Therefore, boring the proposed stream crossings would greatly increase the safety risk to persons and property during construction, as
well as the potential environmental impacts as compared with a more controlled open trench installation. Therefore, the trenchless boring option was
abandoned from further consideration.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Best Management Practices (BMP's) will be implemented during construction to avoid further Impacts. The construction corridor within jurisdictional
waters of the U.S. will be limited to a maximum width of 40 feet.
The permanently maintained portion of the right-of-way (R/W) corridor within wetland areas will be minimized and will not exceed 20 feet. Proper
sediment and erosion control measures will be used to minimize disturbances to downstream waters. Anti -seep collars will be installed at the
downstream wetland boundary and every 150 feet up the gradient until the relief sewer exits the wetland. All channel work will be constructed in the dry
in accordance with Water Quality Certification No. 4276.
Timber mats will be utilized within wetlands to prevent rutting and all impacted areas will be returned to their pre -impact grades.
All impacted stream banks shall be permanently stabilized with woven coir matting and live stakes above the ordinary high water mark.
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:
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:
This project is not adjacent to protected riparian buffers
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? x
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
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.
This project will not result in cumulative impacts in the foreseeable future.
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
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?
To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on -site field
investigation, CWS consulted the United States Fish and Wildlife Service's (USFWS) Endangered and Threatened Species and Species of Concern by
County for North Carolina online database for Mecklenburg County. In addition, CWS performed a data review using the North Carolina Natural Heritage
Program (NCNHP) Data Explorer, and Information for Planning and Consultation (IPAC) database to determine if any record occurrences of federally -
listed, candidate endangered, threatened species, or critical habitat were located within the project limits and conducted a habitat assessment within the
study area. The results of the North Carolina Natural Heritage Program (NCNHP) report are attached (Attachment F).
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? *
https://www.fisheries. noaa.gov/resource/map/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?*
A pedestrian survey of the site was conducted on May 10, 2022 and no structures were found within the project area. CWS also consulted the SHPO
online GIS service. The search indicated there are no known historical structures, buildings, site, or districts existing within the project limits (Attachment
G).
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 Panels: 3710456200K and 3710457200K
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
Transmittal Letter - Google Docs.pdf
A-Figures.pdf
B-Agent Authorization.pdf
C-SAW-2022-02020 (signed PJD).pdf
D-Impact Figures.pdf
E-Photopage.pdf
F-NCNHP.pdf
G-SHPO Map.pdf
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
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• 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:
Megan Bollero
Signature
Date
12/5/2022