HomeMy WebLinkAbout20210383 Ver 1_ePCN Application_20230417DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
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:
2/16/2021
BIMS # Assigned
20210383
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
Information for Initial Review
la. Name of project:
Garrison Road Extension
la. Who is the Primary Contact?*
Erin Pratt
1b. Primary Contact Email: *
erin.pratt@charloftenc.gov
Date Submitted
4/17/2023
Nearest Body of Water
Legion Lake and Shoaf Lake
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.173093
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
Yes No
Longitude:
-80.982377
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Dave Wanucha:dave.wanucha@ncdenr.gov
1c. Primary Contact Phone: *
(980)240-3165
O
Is this project a public transportation project?*
Yes No
1a.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
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. 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
1d. 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:
Garrison Road Holding LLC
2b. Deed book and page no.:
35859/221
2c. Contact Person:
Erin Pratt
2d. Address
Street Address
2257 Vista Parkway Suite 15
Address Line 2
City
West Palm Beach
Postal / Zip Code
33411
2e. Telephone Number:
(980)240-3165
2g. Email Address:*
erin. pratt@charlottenc.gov
2a. Narri on recorded deed:
Mecklenburg County
2b. Deed book and page no.:
24799 / 269, 14350 / 402
2c. Contact Person:
Erin Pratt
2d.Address
Street Address
600 E 4th 11th Floor
Address Line 2
City
Charlotte
Postal / Zip Code
28202
2e. Telephone Number:
(980)240-3165
2g. Email Address:*
erin. pratt@charlottenc.gov
3. Applicant Information (if different from owner)
3a. Name:
City of Charlotte
3b. Business Name:
3c. Address
Street Address
600 East 4th Street
Address Line 2
city
Charlotte
Postal / Zip Code
28202
3d. Telephone Number:
(704)336-7600
3f. Email Address:
erin.pratt@charloftenc.gov
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Robertson
4b. Business Name:
Atlas Environmental Inc.
State / Province / Region
Flordia
Country
USA
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
4c. Address
Street Address
338 S. Sharon Amity Road #411
Address Line 2
City
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:
(704)512-1206
4f. Email Address:*
jrobertson@atiasenvi.com
C. Project Information and Prior Project History
1. Proiect Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
Charlotte
2. Project Identification
2a. Property Identification Number:
partial 14129103, partial 14129106, and partial
14117111
2c. Project Address
Street Address
Dixie River Road
Address Line 2
city
Charlotte
Postal / Zip Code
28278
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Legion Lake and Shoaf Lake
3b. Water Resources Classification of nearest receiving water:'
C
3c. What river basins) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011406
4. Project Description and History
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
2b. Property size:
3.87
State / Province / Region
North Carolina
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 project area is currently undeveloped and forested. There is FEMA flood plain in the Northern portion of the project area. The topographic relief of the review area was approximately
58 feet with an approximate maximum elevation of 634 feet and minimum elevation of 576 feet. The surrounding area consists predominantly of undeveloped forested land and residential
homes to the South and industrial development to the North.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2022-00437, DWR 20220317
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:
301 LF
4h. Explain the purpose of the proposed project: *
The project purpose is for road construction of road extensions and transportation. The project will involve the construction of a permanent public right-of-way that is 120 feet with
temporary grading an additional 75 feet on both sides of the road. The extension will include a North bound lane, South bound lane, and a public walkway.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: x
This road extension will require one permanent stream crossing. Impact S1 on CH 100 is for the construction of the road crossing. This impact will include 89 linear feet (0.024 acre) of CH
100. A retaining wall is also being utilized at the road crossing to avoid additional impacts. Three box culverts will be used for the road crossing. The base flow box culvert will be buried
one foot to aquatic life movement. A fourth box culvert is included to allow for pedestrian traffic for a future greenway trail within Berewick Park. This pedestrian culvert has been relocated
outside of the NC DMS / NC Stewardship office conservation easement.
Mechanized land clearing will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?"
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-00437
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Atlas Staff
Agency/Consultant Company: Atlas Environmental, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Corps: 03/29/2022 and DWR: May 16, 2022
6. Future Project Plans
6a. Is this a phased project?"
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
❑
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact*
3d. S. name*
3e. Stream Type'
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
gt
Road Crossing
Permanent
Rip Rap Fill JS1
::IPerennial::]
Both
14
Average (feet)
89
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
89 0
3i. Total stream and ditch impacts:
89
3j. Comments
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The rip rap will be imbedded into the stream bed. The reduction of box culverts inside the stream channel was reduced to three to create a more natural
flow, the fourth box culvert will be placed outside conservation easement limiting disturbances. The stormwater pond outlet will discharge outside of the
conservation easement.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Retaining walls will be constructed to minimize further impacts to the stream.
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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) 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:
City of Charlotte Umbrella Stream and Weland Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 178 ft.
3c. Comments
Upper Catawba Basin
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:
not within 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:
Project is for a Road for the City of Charlotte
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
1b. 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 m_ No
Comments:*
This project is a City of Charlotte road extension project that involves a private partnership.
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 this is not a phased project and and Post Construction Stormwater Calculations were submitted
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 No
5e. Is this a DOT project located within Division's 1-8?
Yes No
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
Unknown
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?
IPAC and NHP
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 HPO and NC HPO buffer map
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:
Thomas and Hutton, the civil engineers for this project, have created a Flood Study CLOMR application that has been revised three times by Charlotte -
Mecklenburg Storm Water Services.
8c. What source(s) did you use to make the floodplain determination?"
FEMA NFHL Viwer
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
Garrison Road Extension NWP 14 compressed.pdf 15.42MB
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:
Allyson Sinclair
Signature
GkU�C5z
Date
4/17/2023
0