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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: 228.36KB 6.75MB 197.34KB 526.68KB 3.14MB 9.97MB 258.82KB 1.87MB • 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