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HomeMy WebLinkAbout20230776 Ver 1_ePCN Application_20230531DWR 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: 9/30/2022 BIMS # Assigned 20230776 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review la. Name of project: Huntersville Greenway 1a. Who is the Primary Contact?* Aliisa Harjuniemi 1b. Primary Contact Email: * aliisa@gmail.com Date Submitted 5/31 /2023 Nearest Body of Water Torrence Creek Basin Catawba Water Classification Ws -IV Site Coordinates Latitude: 35.437155 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: -80.848625 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:andrew.pitner@ncdenr.gov 1c. Primary Contact Phone: * (980)259-1222 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 permits) 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: 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 14 - Linear transportation 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. Nani on recorded deed: Huntersville Park and Recreation 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization 2c. Contact Person: Tracy Houk 2d. Address Street Address P.O. Box 2879 Address Line 2 City State / Province / Region Huntersville NC Postal / Zip Code Country 28070 USA Yes No Yes No 2e. Telephone Number: (704)766-2227 2g. Email Address:* thouk@huntersville.org 4. Agent/Consultant (if applicable) 4a. Name: Aliisa Harjuniemi 4b. Business Name: Carolina Wetland Services, Inc. 4c.Address Street Address 550 Westinghouse Blvd Address Line 2 City Charlotte Postal / Zip Code 28273 4d. Telephone Number: (980)259-1222 4f. Email Address: aliisa@cws-inc.net C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Huntersville 2. Project Identification 2a. Property Identification Number 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 00911131, 00911119 (partial), and 00911130 2b. Property size: (partial) 13 2c. Project Address Street Address southwest of the Sam Furr Road and Old Statesville Road intersection Address Line 2 city State / Province / Region Huntersville NC Postal / Zip Code Country 28078 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Torrence Creek 3b. Water Resources Classification of nearest receiving water: WS-IV 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011401 4. Project Description and History a 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 consists of undeveloped forested areas and powerline and sewer line right-of-ways. On -site elevations range from 750-790 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, mixed forest, emergent wetlands, and powerline and sewer line right-of-ways. According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Mecklenburg County (Figure 4) and the NRCS Published Soil Survey for Mecklenburg County (Figure 5), on -site soils consist of seven different soil types. Of the on -site soils listed on the Web Soil Survey, Helena and Monacan soil series are listed as containing hydric inclusions. A review of the NWI GIS layer depicts two potential forested wetland in the central and southern portion of the project limits (Figure 6). The Huntersville Greenway site is located within the Area of Minimal Flood Hazard Zone (Figure 7). 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: 0.01 acre 4g. List the total estimated linear feet of all existing streams on the property: 1,423 If perennial, 890 If intermittent 4h. Explain the purpose of the proposed project: The purpose of the project is to construct a greenway trail in Huntersville, North Carolina. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Under Nationwide Permit No. 14, the proposed impacts consist of one wetland fill (W1 - 0.01 acre), a total of 40 If rip rap bank stabilization for two boardwalk stream crossings (S1 & S2). The project proposes one permanent stream crossing with culvert (S3 - 40 If) and associated rip rap apron at downstream to prevent erosion (S4 - 35 If). The construction plan depicting the proposed impacts is included as Attachment D. The proposed impacts are minimal and will not have a cumulative adverse effect on natural 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-2022-02408 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: CWS Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Preliminary Jurisdictional Determination (SAW-2022-02408), dated 11.14.2022 is included as Attachment C. 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? There are no future phases in the foreseeable future. Additionally, due to the nature of this project (transportation), any future trail connections are proposed as single and complete projects. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 ReasonImpact type* (?) 2c. Type of W. 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 29• Impact area * W1 Rip rap P Headwater Forest -A Wetland AA No Corps ] 0.010 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.010 2g. Total Wetland Impact 0.010 2i. Comments: Proposed loss of wetlands total 0.01 acre. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact"name" 3e. Stream Type* 3f. Type of width 3h. Impact ❑ (?) Jurisdiction* length* g1 Bank stabilization Permanent Bank Stabilization Stream F Perennial Corps 20 Averege (feet) (linear feet) S2 Bank stabilization Permanent Bank Stabilization J Stream B Perennial Corps 5 20 Average (feet) (linear feet) S3 Culvert crossing Permanent Culvert Stream C Intermittent Corps 40 Averege (feet) (linear feet) S4 Rip rap stabilization Permanent Rip Rap Fill Stream C Intermittent Corps 35 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 115 3i. Total stream and ditch impacts: 115 3j. Comments: Permanent loss of waters totals 40 If E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: To avoid and minimize impacts to jurisdictional waters of the U.S., the site was delineated prior to finalizing the site plan and the proposed site plan was designed around the delineation results. The proposed impacts have been limited to one wetland crossing and three stream crossings. Two of these stream crossings will be boardwalks. Existing culverts were utilized where possible. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be installed around the jurisdictional features, outside of the avoided wetlands and streams. Construction activities and impacts to on -site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit No. 14 and Water Quality Certificate No. 4246. All work will be constructed in the dry and all temporary fill will be removed following the work 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: The project is below stream and wetland mitigation tresholds. 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 adjacent to protected riparian buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No O Comments: The impervious surface is <24 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 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 will not result in cumulative impacts. 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 5L 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? Attachment F - Protected Species Assessment. A Schweinitz's sunflower survey was completed during the optimal survey window. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? https://www.fisheries. noaa.gov/resou rce/map/essential-fish-habitat-mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Attachment G - SHPO 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?* FEMA Panels 3710464200K, 3710465200K, 3710464109K, 3710465100K, 3710464100K 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 drag and drop files here to attach document Huntersville Greenway.Cover Page and Attachments.pdf 14.81MB 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: Aliisa Harjuniemi Signature 01&! fQ y'/? flINII'/MI Date 5/31/2023 a