20230604 Ver 1_ePCN Application_20230425

DWR
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:
1/10/2023
BIMS # Assigned
20230604
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Robert L. Smith Park Water Quality Enhancement Project
1a. Who is the Primary Contact?*
Wildlands Engineering (POC: Ian Eckardt)
1b. Primary Contact Email:
[e-mail]
Date Submitted
4/25/2023
Nearest Body of Water
Paw Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.254212
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:
-80.959249
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:[e-mail]
1c. Primary Contact Phone: *
[phone]
a
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
Regional General Permit (RGP) Number:
RGP Numbers (for multiple RGPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
201600163 — Charlotte Stormwater Services
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
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying forthe 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:
Mecklenburg County
2b. Deed book and page no.:
DB: 9733 PG: 268 & DB: 9733 PG: 306
2c. Contact Person:
Charlotte -Mecklenburg Storm Water Services (POC: Noah Meador)
2d.Address
Street Address
600 East Fourth Street
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28202
us
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Charlotte -Mecklenburg Storm Water Services (POC: Noah Meador)
3b. Business Name:
3c. Address
Street Address
600 East Fourth Street
Address Line 2
City
Charlotte
Postal / Zip Code
28202
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Ian Eckardt
4b. Business Name:
Wildlands Engineering, Inc.
4c.Address
Street Address
1430 South Mint Street, Suite 104
Address Line 2
City
Charlotte
Postal / Zip Code
28203
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Charlotte
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
us
3e. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
2a. Property Identification Number: Project area is approximately 4.5 acres on two
Parcel IDS: 05524108 & 05525415 parcels.

2c. Project Address
Street Address
Project area is located off Starnes Rd. with no associated street address.
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28205
US
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Paw Creek
3b. Water Resources Classification of nearest receiving water: *
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011404
4. Project Description and History
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 located within a wooded, undeveloped portion of Robert L. Smith Regional Park in western Mecklenburg County. Land use in the project area is primarily forest and
maintained sewer right-of-ways. Other land uses in the vicinity of the project include forest, residential, commercial, and institutional.
Based on historical aerials, the pond has existed since at least the 1970's. Aquatic resources within the project include an unnamed tributary (UT) to Paw Creek which is referenced as
UT1 for project purposes, an in -line pond, and two wetlands along the pond fringe. Below the pond, UT1 has incised and eroded through a portion of the pond dam embankment which has
lowered the pond elevation. Old concrete pipe sections present in this portion of UT1 are likely the remains of the previous dam outlet structure. Boulders and large cobble are common
within the channel in this section and may be spoil from the original construction several decades ago.
Upstream of the pond, UT1 exhibits some eroding banks. Bed material in the upper portion of the upstream reach includes small boulders and angular cobble that seem unnatural and may
have been historically dumped. Closer to the existing pond the upstream bed of UT1 experiences backwater conditions with little baseflow. Channel substrate in this area is dominated by
fines (sand & silt) with minimal bedform diversity.
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:
0.272 acres of wetland and 0.384 acres of open water (pond) within the project assessment area.
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 646 linear feet of stream channel within the project assessment area.
4h. Explain the purpose of the proposed project: *
Charlotte Mecklenburg Storm Water Services (CMSWS) proposes to reconstruct an existing pond on a portion of the county owned Robert L. Smith Regional Park. The existing pond dam
is compromised by an unstable, eroding outlet channel that has developed through the earthen dam and lowered the pool elevation. CMSWS seeks to retain and enhance the pond which
provides a public benefit in the form of pollutant reduction and flood control. The rehabilitation would reconstruct the earthen dam to adhere to current standards and raise the pond
elevation.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project proposes to reconstruct an existing inline pond within Robert L. Smith Park to retain and enhance its public benefits including pollutant removal and flood control. The existing
pond dam is compromised by an unstable, eroding outlet channel that has developed through the earthen embankment and lowered the pool elevation. Broken segments of concrete pipe
present in the eroding outlet channel are assumed to be part of previous pond structures. Wetlands have developed along the fringe and upstream end of the pond and the previously
impounded portion of UT1 channel has reformed in the lowered pond bed.
Pond activities include a controlled de -watering to minimize potential pond destabilization and allow for downstream discharge to be done in a non -erosive manner. The existing pond
breach will be excavated in order to install a bypass channel during construction. An earthen dike will be constructed to direct storm flow away from embankment work and a pump around
system will be installed at the upstream end of the project area to divert baseflow away from construction areas. A forebay will be excavated at the upstream end of the proposed pond
footprint. A spillway riser structure, box culvert, bentonite clay plug, box outlet structure, junction box, endwall, and emergency spillway will be installed within the footprint of the new
embankment. A rip rap dissipation pool and channel will be installed at the outlet of the new box culvert.
Pond reconstruction and flooding will result in two permanent wetland impacts for loss (W1, 0.139 AC & W2, 0.133 AC). Permanent stream impacts that will result in a loss include pond
construction/flooding (S2, 235 LF) and fill for the new embankment and emergency spillway (S3, 141 LF). The rip rap dissipater pool and channel below the pond will be keyed in and the
associated impact (S5, 35 LF) is reported as permanent but will not result in a loss of waters. Temporary stream impacts (S1, 63 LF & S5, 17 LF) are for construction access.
Equipment to be used include excavators and skid steers for earthwork, mechanized tree clearing equipment, and rubber wheeled dump trucks for hauling soil. A crane will be used for the
installation of the embankment box culvert.
Charlotte Water will be replacing two short sections of existing sanitary sewer in the project vicinity prior to pond construction. Sewer replacement work is shown on construction plans but
does not not involve impacts to aquatic resources.
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-2022-01493
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Ian Eckardt
Agency/Consultant Company: Wildlands Engineering, Inc
Other: A small additional assessment area was added after the issuance
of the PJD. No features (streams, wetlands, etc.) were delineated
during the additional assessment. The additional assessment area
is illustrated on Figures 3 - 6 included with this submittal.
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A preliminary jurisdictional determination was issued by the Corps on 7/7/22.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
0
u
W1
2a1 Reason (?)
Pond construction /
flooding
2b. Impact type*(?)
P
�2c. Type of W.
Headwater Forest
2d. W. name
Wetland A
2e. Forested"
Yes
2f. Type of Jurist icition *
Both
2g• Impact
area *
0.139
(acres)
W2
Pond construction /
flooding
P
Headwater Forest
Wetland B
Yes
Both
0.133
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.272
2g. Total Wetland Impact
0.272
2i. Comments:
Wetlands A and B are fringe wetlands located on the edge and upstream end of the existing pond that developed as a result of lowered pond levels from
the partial dam breach. Existing wetlands received a low overall function rating using the NC WAM field assessment form. Individual NC WAM functions
that scored low include hydrology and habitat. A mitigation ratio of 1:1 is proposed for 0.272 acres of permanent wetland loss (W1 & W2). NC WAM
forms are included with the attached supporting documentation.
3. Stream Impacts
❑
S1
S2
3a. Reason for impact (?)
Construction access
Pond construction /flooding
3b.lmpact type*
Temporary
Permanent
3c. Type of impact*
Other
Flooding
3d. S. name*
UT1
UT1
3e. Stream Type*
(?)
Perennial
Perennial
3f. Type of
Jurisdiction*
Both
Both
3g. S. width
Aveage (feet)
Average (feet)
3h. I mpact
length*
63
(linear feet)
235
(linear feet)
S3
Fill for emergency spillway
construction
Permanent
Fill
UT1
Perennial
Both
10
Average (feet)
141
(linear feet)

S4
Riprap dissipater pad /pool
Permanent
Stabilization
UT1
Perennial
Both -]
12
Average (feet)
20
(linear feet)
S5
Construction access
Temporary
Other
UT1
Perennial
Both
12
Average (feet)
17
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts
396 80
31. Total stream and ditch impacts:
476
3j. Comments:
Existing streams within the project area have been historically altered as a result of the existing pond. Prior to the partial dam breach, the pond footprint
extended further up valley inundating UT1. Previous and current backwater conditions have resulted in a sand and silt dominated stream bed and little
bedform diversity immediately upstream of the pond. Further upstream of the pond, eroding banks are present and large substrate including small
boulders and cobble are present. The large substrate seems unnatural and may have been historically dumped. Below the existing dam, a portion of
UT1 was likely piped prior to instability as evidenced by old pipe sections in the current bed. The current outlet of UT1 is highly incised and eroded with
an active headcut. If left as is, the headcut could continue to erode up valley through the fine sediment of the pond. UT1 received NC SAM functional
ratings of medium above the pond and low below the pond. A mitigation ratio of 1:1 is proposed for stream impacts that will result in a loss (S2, 235 LF &
S3, 141). The proposed rip rap outlet pool and channel below the pond will be keyed in and the associated impact (S5, 35 LF) is reported as permanent
be will not result in a loss of waters. NC SAM forms are included with the attached supporting documentation.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
01
Pond reconstruction
T
Pond
Dewatering
Pond
0.38
4g. Total temporary open water Impacts:
0.38
4g. Total open water impacts:
0.38
4h. Comments:
Impacts are temporary for de -watering and pond reconstruction.
5. Pond or Lake Construction
5a. Pond ID number 5b. Proposed use or purpose of
5c. Wetland
pond
impacts
(acres)
Flooded Filled
P1 Stormwater
0.272
P2
5f. Total:0.272 0
4g. Total permanent open water impacts:
0.00
5d. Stream
impacts (feet)
Excavated Flooded Filled
235 127
235 127
5e. Upland
(acres)
Excavated
0.232
0.232
5g. Comments:
Charlotte Mecklenburg Storm Water Services (CMSWS) seeks to reconstruct an existing pond whose earthen dam has been compromised by an
eroding outlet channel. The current pond water level has been lowered as a result of the unstable outlet channel which has cut through a portion of the
embankment. If left as is the eroding channel could migrate up valley through the pond.
5h. Is a dam high hazard permit required?
Yes OO No
If yes, permit ID no:
Si. Expected pond surface area (acres): 5j. Size of pond watershed (acres)
0.873 109
5k. Method of construction:
An existing online pond will be dewatered and the partially breached dam embankment will be
excavated out and replaced with a new embankment. A drain value, riser structure, box culvert, and
other associated inlet and outlet compents will be installed through the new embankment. The
existing eroding outlet channel will be filled for construction of an emergency overflow spillway. A
forebay will be excavated at the upstream end of the rebuilt pond for maintenance purposes. For
additional construction details refer to the construction sequence on Sheet 3 of the design plans.
E. Impact Justification and Mitigation O

1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed full pond elevation will be similar to the previous pond level prior to the partial breach and subsequent draw down. The proposed dam
embankment was designed with 3:1 slopes per City of Charlotte standards and required for proper embankment maintenance.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction will be limited to the immediate project area. Double rows of high hazard silt will be installed on the downslope sides of disturbance and
safety fence will demarcate tree protection. Bypass channels, impervious dikes, rock check dams, temporary stilling basins, and pump around systems
will be installed to manage and divert flowing water away from construction. Haul roads, staging areas, and soil stockpiles will be located on uplands.
Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual.
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 Wetland Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 376
3c. Comments
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.272
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
Stream mitigation credits are sought through the City of Charlotte Umbrella Stream and Wetland Mitigation Bank and wetland credits through the
Division of Mitigation Services (DMS) In -Lieu Fee program.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes
No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. 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:
The project is within the Catawba River basin where NC Riparian Buffer Protection Rules are only in place for the mainstem of the Catawba River. The project is located on a headwater
tributary to the Catawba River with no associated NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan

2a. Is this a NC DOT 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:
G. Supplementary Information
1. Environmental Documentation
1a. 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 No
Comments:*
The municipal water quality improvement project only involves local public funding and does not trigger NEPA or SEPA requirements.
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.
The project is within a forested portion of a county owned park. No development within the immediate project vicinity is anticipated. The pond
reconstruction seeks to increase pollutant removal and flood storage which could benefit downstream water quality. A headcut has developed through a
portion of the existing pond dam and could continue to migrate upstream through the pond bed if left "as is" which could impact downstream water
quality.
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 Unknown
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
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?
Official species lists from the USFWS IPaC (Project Code: 2022-0042749 & 2023-0005284) were obtained. Pedestrian surveys were completed in April
and October 2022 which identified suitable habitat for Michaux's Sumac, Schweinitz's Sunflower, and Smooth Coneflower but no species were observed.
A May Affect, Not Likely to Adversely Affect determination was concurred by the USFWS. Correspondence with the USFWS is included with this
submittal.
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?
The National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat (ESH) Mapper online resource was reviewed.
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?
The North Carolina State Historic Preservation Office (NC SHPO) was contacted for review and comment in May and November 2022. NC SHPO
responded that they were aware of no historical resources that would be affected by the project and therefore had not comment to the requests.
Correspondence with NC SHPO are included with this submittal.
8. Flood Zone Designation (Corps Requirement)
Be. 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's National Flood Hazard Layer (NFHL) and Mecklenburg County NC Flood Insurance Rate Map (FIRM) Panel 4515, with an effective date of
3/2/2009.
Miscellaneous
n
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 dreg and drop files here to attach document
RLS WQEP PCN Cover Letter and Supporting Docs.pdf 27.56MB
File must be PDF or KMZ
Comments
A cover letter, table of contents, and various supporting documentation (DWR Pre -Filing Meeting request, figures, construction plans, agency correspondence, PJD documentation, etc.)
are uploaded with this application.
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:
Ian Eckardt
Signature
kk f!4
Date
4/25/2023