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HomeMy WebLinkAbout201902441 Ver 1_20221115_PCN_Draft_Final_20221115Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 201902441 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: West Branch Rocky River Rehabilitation and Water Quality Improvements 2. Work Type: ❑Private ❑Institutional ❑✓ Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: This application is to request reauthorization to conduct stream bank stabilization and in -stream enhancement activities for the purposes of improving water quality, bank stabilization, and aquatic habitat. This submittal is to request reauthorization of the PCN pursuant to NWP 27 for the West Branch Rocky River Rehabilitation and Water Quality Improvements. 4. Property Owner / Applicant [PCN Form A3 or A41: Charlotte -Mecklenburg Storm Water Services 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Kimley-Horn; POC Mr. Chris Tinklenberg, PWS 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form Blb]: Adjacent to West Branch Rocky River, from Grey Road to Fisher Farm Park and adjacent to an unnamed tributary to the west from Ashby Road to the confluence of West Brach Rocky River at Fisher Farm Park in Davidson, North Carolina 8. Project Location —Tax Parcel ID [PCN Form Bla]: Multiple - Linear Project 9. Project Location — County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Davidson 11. Project Information — Nearest Waterbody [PCN Form 132a]: West Branch Rocky River 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Upper Pee Dee (HUC 03040104) Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: ❑ Standard Permit ❑✓ Nationwide Permit #27 Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ ❑Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑No Permit Required Revised 20150602 Kimley>»Horn November 8, 2022 Mr. Bryan Roden -Reynolds Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Mr. Paul Wojoski NC DWR, 401 & Buffer Permitting Branch 512 North Salisbury Street Raleigh, NC 27604 Re: Pre -Construction Notification (NWP #27) Reauthorization Request West Branch Rocky River Rehabilitation and Water Quality Improvements (SAW#-201902441) Davidson, Mecklenburg County, NC Dear Mr. Roden -Reynolds and Mr. Wojoski: On behalf of our client, Charlotte -Mecklenburg (County) Stormwater Services, Kimley-Horn and Associates, Inc. (KH) is submitting the reauthorization to the joint Section 404/401 Pre -Construction Notification for the above referenced project for your review pursuant to Nationwide Permit #27 and General 401 Water Quality Certification number 4134. This application is to request reauthorization to conduct stream bank stabilization and in -stream enhancement activities for the purposes of improving water quality, bank stabilization, and aquatic habitat. Based on comments from the local community and in an effort to preserve more tree canopy, the stream restoration design along West Branch Rocky River (WBRR) has been modified slightly (reduced meander) resulting in a reduction of 87 LF of restored stream length; however, the project's overall goals and objectives remain unchanged. The center of the project area is located at 35.491806°N,-80.805119°W. The following information is included as part of this reauthorization submittal: • Project Summary Sheet • Pre -Construction Notification Form • Permit Figures ■ Figure 5 — Proposed Conditions • Permit Drawings for West Branch Rocky River Stream Restoration PROJECT DESCRIPTION The County proposes to perform stream restoration and enhancement activities along the WBRR within the project corridor. The proposed restoration activities seek to reduce bank erosion, improve channel dimension, and stabilize bank areas in close proximity to the existing multi -use path. Stabilization includes bank grading to a stable slope, rock toe protection, and buffer revegetation. The project corridor begins adjacent to WBRR, from Grey Road to Fisher Farm Park. The corridor also includes an unnamed tributary of WBRR which flows from the west, from Ashby Road to the confluence of WBRR at Fischer Farm Park. Construction activities associated with the UT to WBRR Kimley>Morn Paget are complete; however, the remaining construction activities along WBRR would not be completed by the expiration date of the existing authorization, therefore, reauthorization is requested. STREAM REHABILITATION APPROACH Goals and Objectives: The goal of the stream and buffer rehabilitation is to improve the hydraulic and geomorphic function of WBRR to create a foundation for potential improvements of water quality and aquatic/terrestrial habitat of the site's streams and floodplain through the following objectives: • Improve the hydraulic geometry to have a low -flow channel, inner berm, and bankfull channel more representative of reference conditions with less active bank erosion. • Create bank angles and hydraulic geometry that allow vegetation and root mass to extend from the water's edge up to the top of the channel banks. • Improve the stem and root density and species diversity of the riparian buffer immediately adjacent to WBRR. • Reduce the BEHI scores along the reach from high, very high, or extreme to low. • Reduce incision, erosive velocities, and high -shear stress by adding a floodplain bench (where constraints allow). • Create local slope and bed -depth variability (i.e. habitat transitions) by adding instream structures like rock and log vanes, J-hook vanes, boulder and log riffles, and toe wood. • Increase dissolved oxygen concentrations through in -stream structures and the turbulence they produce in pools. • Stabilize stream banks using bioengineering and/or specific natural channel design techniques for each reach based on constraints and opportunities. • Reduce bank source sediment by implementing bank stabilization and natural channel design techniques. We will retrofit some off -site sediment sources, such as point source outlets and ditches, with pocket wetlands, level spreaders, or RSCs. • Introduce woody structures such as log vanes, log sills, and toe wood by adding wood and detritus into the system. • Control the invasive exotics by pretreatment, removal during construction, and implementing an invasive species control plan. • Protect infrastructure • Implement best management practice (BMP)/stormwater control measures (SCM) opportunities to stabilize stormwater outfalls. Improvements in the higher functions of water quality and biology may not be fully achievable given the upstream urban land use and point and non -point discharges that outfall into WBRR. However, improving the underlying stream hydraulic and geomorphic functions of the channel would better support these improvements in higher functions if watershed conditions allow. Based on the objectives above, a specific detailed stream rehabilitation plan was completed. Each reach has a tailored approach/plan that takes advantage of the opportunities to improve geomorphic and hydraulic functions given the constraints. To meet the goals and objectives described above, stream enhancement and restoration activities will be conducted, resulting in 18,527 linear feet of permanent, no -net loss of potential non -wetland WoUS. The project will result in a total net gain of 312 If to waters of the US from implementing natural channel design techniques to return the channels to their natural bed and stabilizing erosive Kimley>»Horn banks to WBRR and its tributaries. The project will result in 0.025 acres of temporary impacts to potential wetland WoUS from the temporary haul road to allow construction access necessary to conduct the stream restoration project. AVOIDANCE AND MINIMIZATION All impacts are associated with stream restoration activities and will follow specific restoration protocols. The project will result in a net gain of 312 If to waters of the US from implementing natural channel design techniques to return the channels to their natural bed and stabilizing erosive banks to WBRR and its tributaries. Several of the measures that will be implemented in order to minimize impacts include the utilization of a pumped diversion to facilitate work in the dry, the use of temporary erosion control matting and planting of native vegetation for stabilization. The pumped diversion will be utilized for working in the dry to the greatest extent practicable; however, some construction activities may require the contractor to temporarily work in the wet. Please provide special conditions authorizing the contractor to work in the wet where a pumped diversion is not feasible. All sediment and erosion control and de -watering measures will be removed upon completion of construction and the temporary areas of disturbance will be stabilized and restored to pre -construction contours. Temporary bridge crossings will be utilized along haul roads in order to avoid additional temporary stream impacts. Mud mats will be temporarily placed in wetland areas to allow crossing for construction equipment in order to minimize temporary wetland impacts. Please feel free to contact me at (704) 409-1802 if you have any questions, or if additional information is necessary. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Chris Tinklenberg, PWS Environmental Scientist Attachments Cc: David Woodie Charlotte -Mecklenburg Storm Water Services 2145 Suttle Avenue Charlotte, NC 28202 Kimley )>) Horn Project Summary Sheet Project Name: West Branch Rocky River Rehabilitation and Water Quality Improvements Applicant Name and Address: Mr. Bert Lynn Charlotte -Mecklenburg (County) Storm Water Services 3205 Freedom Drive, Suite 101 Charlotte, NC 28202 Telephone Number: (980) 314-2503 Type of Request: ® Nationwide PCN (NWP # 227) ❑ Individual Permit Application ® Jurisdictional Determination ❑ Other: Included Attachments: ® Project Plans ® USGS Map ® NRCS Soil Survey ® Agent Authorization ® Delineation Sketch ❑ Delineation Survey ® Data Forms (Up & Wet) ® NCDWR Stream Forms ® USACE Stream Forms ❑ NCEEP Confirmation ® Aerial Photo ® Site Photos ® Agency Correspondence ❑ Other: ❑ Other: Check if applicable: ❑ CAMA County ❑ Trout County ❑ Isolated Waters ❑ Section 7, ESA ❑ Section 106, NHPA ❑ EFH ❑ Mitigation Proposed (❑ NC EEP ❑ On -Site ❑ Off -Site ❑ Other) County: Mecklenburg Waterway: West Branch Rocky River H.U.C.:03050103 Property Size (acres): 91 acres Site Coordinates (in decimal degrees): 35.491806 °N Nearest City/Town: Davidson River Basin: Upper Pee Dee/ HUC 03040104 USGS Quad Name: Cornelius- Mooresville Approx. Size of Jurisdiction on Site (acres): 3.5 -80.805119 °W Project Location: The project corridor begins adjacent to WBRR, from Grey Road to Fisher Farm Park. The corridor also includes an unnamed tributary of West Branch Rocky River which flows from the west, from Ashby Road to the confluence of WBRR at Fischer Farm Park. Site Description: The project boundary generally runs parallel with West Branch Rocky River consisting mostly of undeveloped, forested land. It is located in a developing watershed and drains portions of urban and sub -urban areas of northern Mecklenburg County. Impact Summary (if applicable): To meet the goals and objectives described above, stream enhancement and restoration activities will be conducted, resulting in 18,527 linear feet of permanent, no -net loss of potential non -wetland WoUS. The project will result in a net gain of 312 if to waters of the US. The project will result in 0.025 acres of temporary impacts to potential wetland WoUS from the temporary haul road to allow construction access necessary to conduct the stream restorauon ro ect. NWP # Open Water (acres) Wetland (acres) Stream Channel Intermittent and/or Unimportant Aquatic Function Perennial and/or Important Aquatic Function Temp. Perm. Temp. Perm. Tem Perm. Tem Perm. if ac if ac if ac if Ac 27 j 0.025 18,527 8.1 Total 0.025 18,527 8.1 Total Permanent (No Net Loss) Impact to Waters of the U.S. 18,527 (8.1 ac) Total Temporary Impact to Waters of the U.S. 0.025 ac Kimley-Horn Contact: Chris Tinklenberg, PWS Direct Number: (704) 409-1802 Email: chris.tinklenberg_&kimley-hom.com ot o`'WA rE�QG Vj F Office Use Only: Corps action ID no. DWQ project no. Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: West Branch Rocky River Rehabilitation and Water Quality Improvements 2b. County: Mecklenburg 2c. Nearest municipality / town: Davidson 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Charlotte -Mecklenburg Storm Water Services and Right of Entry Agreements 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 15 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Project Manager 4b. Name: POC: David Woodie (Agent Authorization signed by Assistant County Manager) 4c. Business name (if applicable): Charlotte -Mecklenburg Storm Water Services (County) 4d. Street address: 2145 Suttle Avenue 4e. City, state, zip: Charlotte, NC 28208 4f. Telephone no.: (980) 314-3210 4g. Fax no.: 4h. Email address: David.Woodie@mecklenburgcountync.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Chris Tinklenberg, PWS 5b. Business name (if applicable): Kimley-Horn and Associates 5c. Street address: 200 South Tryon Street, Suite 200 5d. City, state, zip: Charlotte, NC 28202 5e. Telephone no.: 704-409-1802 5f. Fax no.: 5g. Email address: Chris.Tinklenberg@kimley-horn.com Page 2 of 15 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Charlotte -Mecklenburg Storm Water Services and Right of Entry Agreements Latitude: 35.491806 Longitude:-80.805119 1 b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 91 acres (Project Boundary) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to West Branch Rocky River proposed project: 2b. Water Quality Classification of nearest receiving water: Rocky River - Class "C" 2c. River basin: Yadkin Pee Dee; HUC 03040104 Page 3 of 15 PCN Form — Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: PROJECT DESCRIPTION The County proposes to perform stream restoration and enhancement activities along the WBRR within the project corridor. The proposed restoration activities seek to reduce bank erosion, improve channel dimension, and stabilize bank areas in close proximity to the existing multi -use path. Stabilization includes bank grading to a stable slope, rock toe protection, and buffer revegetation. The project corridor begins adjacent to WBRR, from Grey Road to Fisher Farm Park. The corridor also includes an unnamed tributary of WBRR which flows from the west, from Ashby Road to the confluence of WBRR at Fischer Farm Park. Construction activities associated with the UT to WBRR are complete; however, the remaining construction activities along WBRR would not be completed by the expiration date of the existing authorization, therefore, reauthorization is requested. SITE DESCRIPTION The project corridor is located in the piedmont region of North Carolina. Topography is moderate within the study corridor and roughly ranges from 650 to 750 feet in elevation (Figure 2; National Geodetic Vertical Datum 1929). The project is located in the Pee Dee River Basin. A field review by Kimley-Horn environmental scientists was conducted on January 23, 2018, February 6, 2019, and July 30, 2019. WBRR, a potential non -wetland water of the US (WoUS), sixteen (16) additional unnamed tributaries (potential non -wetland WoUS), and five (5) potential wetland WoUS are located within the project study corridor (Figures 4a-4f). WBRR discharges into Rocky River approximately 2.2 miles southeast of the project study corridor, which subsequently discharges into the Pee Dee River an additional 45 miles to the south. WBRR is rated by the North Carolina Department of Environment and Natural Resources (NCDENR) Division of Water Resources (DWR) as Class C with the following DWR Stream Index # 13-17-3. Class C waters are protected for primary recreation, fishing, wildlife, fish consumption, aquatic habitat and agricultural uses. Currently, WBRR is not classified as 303d listed (i.e. "impaired"). The project study corridor does not lie within a Water Supply Watershed and there are no Outstanding Resource Waters or High Quality Waters within the study corridor. 3b. List the total estimated acreage of all existing wetlands on the property: 0.16 Acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: The total length of all on -site streams is approximately 18,698 linear feet. 3d. Explain the purpose of the proposed project: The purpose of the project to conduct bank stabilization and in -stream enhancement activities on West Branch Rocky River as well as five Unnamed Tributaries to West Branch Rocky River in order to improve water quality, aquatic habitat and bank stabilization. Page 4 of 15 PCN Form — Version 1.3 December 10, 2008 Version 3e. Describe the overall project in detail, including the type of equipment to be used: STREAM REHABILITATION APPROACH Goals and Objectives: The goal of the stream and buffer rehabilitation is to improve the hydraulic and geomorphic function of West Branch Rocky River to create a foundation for potential improvements of water quality and aquatic/terrestrial habitat of the site's streams and floodplain through the following objectives: • Improve the hydraulic geometry to have a low -flow channel, inner berm, and bankfull channel more representative of reference conditions with less active bank erosion. • Create bank angles and hydraulic geometry that allow vegetation and root mass to extend from the water's edge up to the top of the channel banks. • Improve the stem and root density and species diversity of the riparian buffer immediately adjacent to West Branch Rocky River. • Reduce the BEHI scores along the reach from high, very high, or extreme to low. • Reduce incision, erosive velocities, and high -shear stress by adding a floodplain bench (where constraints allow). • Create local slope and bed -depth variability (i.e. habitat transitions) by adding instream structures like rock and log vanes, J-hook vanes, boulder and log riffles, and toe wood. • Increase dissolved oxygen concentrations through in -stream structures and the turbulence they produce in pools. • Stabilize stream banks using bioengineering and/or specific natural channel design techniques for each reach based on constraints and opportunities. • Reduce bank source sediment by implementing bank stabilization and natural channel design techniques. We will retrofit some off -site sediment sources, such as point source outlets and ditches, with pocket wetlands, level spreaders, or RSCs. • Introduce woody structures such as log vanes, log sills, and toe wood by adding wood and detritus into the system. • Control the invasive exotics by pretreatment, removal during construction, and implementing an invasive species control plan. • Protect infrastructure • Implement best management practice (BMP)/stormwater control measures (SCM) opportunities to stabilize stormwater outfalls. Improvements in the higher functions of water quality and biology may not be fully achievable given the urban land use and point and non -point discharges that outfall into West Branch Rocky River. However, improving the underlying stream hydraulic and geomorphic functions of the channel would better support these improvements in higher functions if watershed conditions allow. Based the objectives above, a specific detailed stream rehabilitation plan was completed. Each reach has a tailored approach/plan that takes advantage of the opportunities to improve geomorphic and hydraulic functions given the constraints. To meet the goals and objectives described above, stream enhancement and restoration activities will be conducted, resulting in 18,527 linear feet of permanent, no -net loss of potential non -wetland WoUS. The project will result in a net gain of 312 If to waters of the US from implementing natural channel design techniques to return the channels to their natural bed and stabilizing erosive banks to West Branch Rocky River and its tributaries. The project will result in 0.025 acres of temporary impacts to potential wetland WoUS from the temporary haul road to allow construction access necessary to conduct the stream restoration project. It is anticipated that a back -hoe and/or mini excavator will be used to shape the channels and construct the in -stream structures. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes ❑ No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ®Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Kimley-Horn and Associates Name (if known): Chris Tinklneberg, PWS Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 05/20/2020 Page 5 of 15 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ®No El Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. The project will be constructed in 3 consecutive phases which is dictated by the availability of County funding. Phased construction will be in succession. Phase 2 will begin immediately following Phase 1 and Phase 3 will begin following Phase 2. C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction Page 6 of 15 PCN Form — Version 1.3 December 10, 2008 Version 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number— Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary T W1 — Impact 15 Temporary Haul Riparian ® Yes ® Corps 0.02 El ® T Road ❑ No ®DWQ W2 — Impact 16 Temporary Haul Riparian ® Yes ® Corps 0.002 El ® T Road ❑ No ®DWQ W3 — Impact 17 Temporary Haul Riparian ® Yes ® Corps 0.003 El ® T Road ❑ No ®DWQ 2g. Total wetland impacts 0.025 2h. Comments: The project will result in 0.025 acres of temporary impacts to potential wetland WoUS from the temporary haul road to allow construction access necessary to conduct the stream restoration project. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number -Permanent (PER) or (Corps - 404, 10 stream length (P) or Temporary (T) intermittent DWQ — non-404, width (linear (INT)? other) (feet) feet) S1 - WBRR— Impact West Branch PER ®Corps 1 Stream Restoration Rocky River ❑INT ®DWQ 20 8,564 ®P ❑ T S2- UT to WBRR — UT to West ® PER ® Corps Impact 2 Stream Restoration Branch Rocky ❑ INT ® DWQ 20 8,864 ® P ❑ T River S11- UT — Impact 3 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 91 River S5- UT— Impact 4 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 76 River S6- UT— Impact 5 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 82 River S9- UT— Impact 6 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 113 River S17- UT— Impact 7 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 66 River S7- UT — Impact 8 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 108 River Page 7 of 15 PCN Form — Version 1.3 December 10, 2008 Version S8- UT — Impact 9 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 74 River S3- UT — Impact 10 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 58 River S10- UT — Impact 11 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 76 River S14- UT — Impact 12 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 78 River S15- UT — Impact 13 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 73 River S16- UT — Impact 14 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 48 River S4- UT — Impact 18 UT to West ® PER ® Corps ® P ❑ T Stream Restoration Branch Rocky ❑ INT ® DWQ 5 156 River 3h. Total stream and tributary impacts 18,527 3i. To meet the goals and objectives described above, stream enhancement and restoration activities will be conducted, resulting in 18,527 linear feet of permanent, no -net loss of potential non -wetland WoUS. The project will result in a net gain of 312 If to waters of the US from implementing natural channel design techniques to return the channels to their natural bed and stabilizing erosive banks to West Branch Rocky River and its tributaries. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody type Area of impact (acres) — Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4L Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. Page 8 of 15 PCN Form — Version 1.3 December 10, 2008 Version 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) for impact Stream name mitigation (square feet) (square feet) or Temporary required? T B1 ❑P❑T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. All impacts are associated with stream restoration activities and will follow specific restoration protocols. The project will result in a net gain of 312 If to waters of the US from implementing natural channel design techniques to return the channels to their natural bed and stabilizing erosive banks to WBRR and its tributaries. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Several of the measures that will be implemented in order to minimize impacts include the utilization of a pumped diversion to facilitate work in the dry, the use of temporary erosion control matting and planting of native vegetation for stabilization. The pumped diversion will be utilized for working in the dry to the greatest extents practicable; however, some construction activities may require the contractor to temporarily work in the wet. Please provide special conditions authorizing the contractor to work in the wet where a pumped diversion is not feasible. All sediment and erosion control and de - watering measures will be removed upon completion of construction and the temporary areas of disturbance will be stabilized and restored to pre -construction contours. Temporary bridge crossings will be utilized along haul roads in order to avoid additional temporary stream impacts. Mud mats will be temporarily placed in wetland areas to allow crossing for construction equipment in order to minimize temporary wetland impacts. Page 9 of 15 PCN Form — Version 1.3 December 10, 2008 Version 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 yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 10 of 15 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: Page 11 of 15 PCN Form — Version 1.3 December 10, 2008 Version 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 12 of 15 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ❑ No use of public (federal/state) land? 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 ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 13 of 15 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A review of the North Carolina Natural Heritage Program (NCNHP) database on May 21, 2018 did not indicate known occurrences of threatened or endangered species within the project boundary. An agency correspondence letter has been submitted to the USFWS requesting their review and comment however, no response has been received as of the date of this PCN. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NCNHP element occurrence database did not indicate the presence of EFH within the project boundary. 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A review of the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS Service database on May 24, 2018 did not indicate any cultural or historic resources within the project boundary. Additionally, an agency correspondence letter from NC SHPO was received on June 25, 2018 confirming that no known cultural or historic resources are present within the project boundary. A copy of the concurrence letter is attached to this PCN. 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 flood impact analysis report, no -impact certification, and individual floodplain development permit will be submitted to Mecklenburg County for review and approval prior to construction/restoration activities. The results of the flood impact anaylsis show that there is no net increase in base flood elevations. 8c. What source(s) did you use to make the floodplain determination? FIRM Panels 4663, 4664, 4653 Page 14 of 15 PCN Form — Version 1.3 December 10, 2008 Version Chris Tinklenberg, PWS C Applicant/Agent's Signature Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) 11 /08/2022 Date Page 15 of 15 PCN Form — Version 1.3 December 10, 2008 Version FIGURES �;� ':.:-+,•:" r a sir: ZIng� ';r'YY '�'Ya'=:�•'.q�,,'� ` �.. ' Y) `11 '1WYII '.�rfP P ; � i�tl [. e ••.1?'' � �, 4!?,• v+.. Y t:. : y �I .YY .F 2` • , 9 � 1.li J Pp Y a /V ip lk if ^4S �. Legend. Project Boundary (LOD) Stream Design Temporary Haul Road`' ^„�, •� ^- Potential WOUS wrx." :• Potential Wetland WoUS 0 1,250 2,500 Nor Feet Figure 5: Proposed Conditions STlutfe•Meekfenburg J West Branch Rocky River WATERT�RMKimie })Horn Rehabilitation and Water Quality Improvements 5arNfCeSDavidson, Mecklenburg County, NC -'v^��- November 2022 lur I IF !• }. // it � .. 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