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