20230764 Ver 1_ePCN Application_20230525

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:
7/12/2022
BIMS # Assigned
20230764
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
1a. Name of project:
Legion Park Storm Drain Improvement Project
1a. Who is the Primary Contact?*
Elias Ruhl
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/25/2023
Nearest Body of Water
Gambles Creek
Basin
Catawba
Water Classification
WS-IV;CA
Site Coordinates
Latitude:
35.486960
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:
-80.861169
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
Nationwide Permit (NWP) Number: 18 - Minor Discharges
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
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
fig. 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:
The Town of Cornelius
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
John DeKemper
2d. Address
Street Address
PO Box 399
Address Line 2
City
State / Province / Region
Cornelius
North Carolina
Postal / Zip Code
Country
28031
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Elias Ruhl
4b. Business Name:
Froehling & Robertson
4c.Address
Street Address
310 Hubert Street
Address Line 2
City
Raleigh
Postal / Zip Code
27603
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:
Cornelius
2. Project Identification
2a. Property Identification Number:
00318123 & 00318101
2c. Project Address
Street Address
21214 Legion Street
Address Line 2
city
Cornelius
Postal / Zip Code
28031
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Gambles Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV;CA
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011203
4. Project Description and History
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
2b. Property size:
4.16
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 totals approximately 4 acres and is currently comprised of mostly unimproved, grassy and wooded areas, and is part of Legion Park. Legion Park is developed with
numerous recreational amenities, including a baseball/softball field, batting cage, picnic shelter and grilling area, playground, restrooms, and paved walking trails. The surrounding area is
comprised of a mixture of suburban residential and commercial development. Two riprap-lined urban streams transect the site. Additionally, a small wetland area is present.
a

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:
0.0146
4g. List the total estimated linear feet of all existing streams on the property:
955
4h. Explain the purpose of the proposed project:*
This project is intended to improve the current stormwater management facilities of this site since the current stormwater management facilities present in the project area do not
sufficiently treat nor detain the levels of stormwater runoff they are receiving. The northwesternmost segments of Streams 1 and 2 currently receive a majority of the project site's
stormwater runoff. This is leading to excessive overflow in Streams 1 and 2 as the facilities present within the stream cannot sufficiently detain the existing stormwater demand. This
overflow is causing vegetation destabilization in the vicinity of Streams 1 and 2. Additionally, the overflow of the streams and associated impacts are decreasing the usability, aesthetics,
and accessibility of the park site.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The stormwater management facilities present in the project area do not sufficiently treat nor detain the current levels of stormwater runoff. The current delineated streams located in the
project site, Stream 1 and Stream 2, currently convey the majority of this stormwater runoff to an outlet pipe located in the northwestern corner of the project site. Both streams are
currently over capacity in terms of stormwater storage with the northwesternmost segments of Stream 1 and 2 being significantly overloaded.
The northwesternmost segments of Streams 1 and 2 are located at the lowest elevation point in the project area. Thus, these segments currently receive a majority of the project site's
stormwater runoff. This is leading to excessive overflow in Streams 1 and 2 as the facilities present within the stream cannot sufficiently detain the existing stormwater demand. This
overflow is causing vegetation destabilization in the vicinity of Streams 1 and 2. Additionally, the overflow of the streams and associated impacts are decreasing the usability, aesthetics,
and accessibility of the park site.
This project is intended to improve the current stormwater management facilities of this site. Seeing as Streams 1 and 2 are currently receiving the majority of the site's stormwater runoff,
this expansion seeks to increase both streams to their original intended design capacities. This project plans to do so by expanding the current Streams 1 and 2 channels into a wetpond
which can sufficiently detain and treat the existing stormwater demand.
This wetpond will be constructed using a variety of equipment, including backhoes. Temporary indirect construction impacts to the surrounding areas, such as increased construction traffic
and noise, as well a sedimentation are anticipated. These impacts will be mitigated with typical techniques such as operation during typical construction hours, and placement of silt control
measures.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No
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-2022-01471
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alex Aycrigg
Agency/Consultant Company: Froehling & Robertson
Other: Elias Ruhl
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Corps PJD dated July 19, 2022 (field), (July 6, 2022 (desk))
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
2. Wetland Impacts
2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. * 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * 2g. Impact
area *
U

Culvert/Grading
Culvert/Grading
P
T
Headwater Forest
Headwater Forest
1
1
Yes
Yes
--]
Corps
Corps
0.002
(acres)
0.001
(acres)
Culvert/Grading
T
Headwater Forest
1
Yes
Corps
0.002
(acres)
2g. Total Temporary Wetland Impact
0.003
2g. Total Wetland Impact
0.005
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.002
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name'
3e. Stream Type"
3f. Type of
3g. S. width
�3h. Impact
❑
?)
Jurisdiction*
length*
S1
Wetpond
Permanent
Excavation
2
Intermittent
Both
80
Averege (feet)
(linear feet)
S2
Wetpond
Permanent
Excavation
1
Intermittent
Both
149
Average (feet)
(linear feet)
S3
Culvert/Grading
Permanent
Culvert
1
Intermittent
Both
11
Averege ((eet)
(linear feet)
S4
Culvert Outfall
Tem ora
P rY
Stabilization
1
Intermittent
Both
3
14
Averege (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
240 14
31. Total stream and ditch impacts:
254
3j. Comments:
Permanent stream impacts = 240 LF ( 740 SF/ 0.017 acres)
Temporary stream impacts = 14 LF ( 54 SF/ 0.001 acres)
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 wetpond will be located between the existing asphalt paths within the project site and the existing sidewalk on the project site border,
avoiding impacts to surrounding site elements and a majority of the jurisdictional streams and wetlands located on the site. Due to the localized nature of
the improvements, a majority of the delineated streams and wetlands within the project site will remain untouched. The proposed wetpond will impact
approximately 36 % of the length of Stream 1, 12 % of the length of Stream 2, and 2 % of the area of Wetland 1. See the attached Avoidance &
Minimization letter for additional details.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to wetland areas during construction activities will be almost entirely avoided and existing paved pathways will be utilized for movement of
equipment where possible. A Sediment and Erosion Control Plan for the project will be developed and approved by the NC Department of Environmental
Quality.
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:
Impacts below mitigation thresholds and avoidance & minimization efforts have been demonstrated.
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:
The project is not located within an area of the Catawba river basin or watershed where the State requires maintenance of riparian buffers.
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:
Additional impervious surface is not anticipated as a result of this project.
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 is intended to address strormwater management deficiencies at Legion Park, and is not anticipated to be connected with future
development. Impacts to nearby downstream water quality are anticipated to be improved through erosion mitigation, and increased water detention
capacity.
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 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?
We have completed a Protected Resources Review, to include a review of on -site habitat, a query through the NC Natural Heritage Program database,
and an official Species List through the US Fish & Wildlife Service (USFWS) iPac. Based on a review of this information, it appears that habitat
associated with listed species is not currently present on -site and listed species will not be affected by the proposed project.

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 NOAA Habitat Conservation/ Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
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 NC State Historic Preservation Office (SHPO) HPOWEB GIS Service interactive map was referenced on May 1, 2023. No historic listings or study
list entries or determined eligible listings were identified within the property boundaries. Additionally, a request for comments letter was sent to SHPO on
May 5, 2023 requesting concurring with our findings of no effect. Please see the attached SHPO RFC letter.
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?
NC Flood Risk Information System Floodplain Mapping Program
Miscellaneous
8
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
Legion Park PCN Attachments.pdf 13.69MB
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:
Elias N. Ruhl
Signature
Date
5/25/2023