HomeMy WebLinkAbout20230777 Ver 1_ePCN Application_20230601DWR
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:
4/21/2023
BIMS # Assigned
20230777
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:
Dorton Park
la. Who is the Primary Contact?
Megan Bollero
1b. Primary Contact Email: *
megan@cws-inc.net
Date Submitted
6/1/2023
Nearest Body of Water
Coddle Creek and Afton Run
Basin
Yadkin-PeeDee
Water Classification
Class C
Site Coordinates
Latitude:
35.410196
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cabarrus
Is this a NCDMS Project
Yes No
Longitude:
-80,674404
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:andrew.pitner@ncdenr.gov
1c. Primary Contact Phone: *
(757)576-6433
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 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: 13 - Bank Stabilization
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. Nani on recorded deed:
City of Concord
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Sheila Lowry
2d. Address
Street Address
P.O. Box 308
Address Line 2
City
State / Province / Region
Concord
NC
Postal / Zip Code
Country
28026
USA
Yes No
Yes No
2e. Telephone Number:
(704)920-5611
2g. Email Address:*
lowrys@concordnc.gov
2a. Name(s) on recorded deed:
Rowan-Cabarrus YMCA
2b. Deed book and page no
2c. Contact Person:
2d. Address
Street Address
215 Guffy St.
Address Line 2
city
Salisbury
Postal / Zip Code
28147
2e. Telephone Number:
(704)920-5611
2g. Email Address:*
lowrys@concordnc.gov
3. Applicant Information (if different from owner)
3a. Name:
Sheila Lowry
3b. Business Name:
City of Concord
3c.Address
Street Address
P.O. Box 308
Address Line 2
city
Concord
Postal / Zip Code
28026
3d. Telephone Number:
(704)920-5611
3f. Email Address:*
lowrys@concordnc.gov
4. Agent/Consultant (if applicable)
4a. Name:
Megan Bollero
4b. Business Name:
Carolina Wetland Services, Inc.
4c.Address
Street Address
550 E Westinghouse Blvd.
Address Line 2
city
Charlotte
Postal / Zip Code
28273
4d. Telephone Number:
(757)576-6433
0. Email Address:*
megan@cws-inc.net
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
C. Project Information and Prior Project History
0
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Concord
2. Project Identification
2a. Property Identification Number
56001813430000,56001842920000,
56001846220000, 56001903940000 (partial),
2b. Property size:
and 56001920380000
29
2c. Project Address
Street Address
5790 Poplar Tent Rd
Address Line 2
City
State / Province / Region
Concord
NC
Postal / Zip Code
Country
28027
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Coddle Creek and Afton Run
3b. Water Resources Classification of nearest receiving water:
Class C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050105
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 Dorton Park site is approximately 29 acres in extent and is located west-southwest of the Poplar Tent Road and George W Liles Pkwy NW intersection in Concord, North Carolina
(Figures 1 and 2, Attachment A).
The project area consists of undeveloped forested areas, maintained grassy areas, herbaceous areas, low intensity development, and a sewer line right-of-way. On -site elevations range
from 590-610 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, mixed forest, maintained grassy areas, herbaceous areas, low intensity
development, and sewer line right-of-way.
According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Cabarrus County (Figure 4) and the NRCS
Published Soil Survey for Cabarrus County (Figure 5), on -site soils consist of three different soil types. Of the on -site soils listed on the Web Soil Survey, Chewacla soil series is listed as
containing hydric inclusions.
A review of the NWI GIS layer depicted a potential riverine along the western border of the project limits and a potential forested wetland in the central portion and southern portion of the
project limits (Figure 6).
FEMA National Flood Hazard Layer was reviewed for the project area (FEMA Panels 3710560000K and 371469000K). The majority of Dorton Park is located within 1 % Annual Chance
Flood Hazard, Regulatory Floodway, and the 0.2 % Annual Chance Flood Hazard (Figure 7).
Based on the results of wetland delineation performed by Carolina Wetland Services, there are five jurisdictional waters of the U.S. located within the project boundary totaling
approximately 3,955 linear feet of jurisdictional stream channel (Figure 8).
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:
0.05
4g. List the total estimated linear feet of all existing streams on the property:
81 intermittent; 3,874 perennial
4h. Explain the purpose of the proposed project:"
The Dorton Park project involves stabilizing and restoring a portion of Afton Run and one of its tributaries using permanent techniques.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
Under Nationwide Permit (NWP) No. 13, proposed permanent stream impacts associated with this bank stabilization and restoration project total 1,573 If. Temporary stream impacts total
76 If, and are the result of temporary log mat crossings and dewatering devices.
The proposed impacts and construction plan details are included in the Attachment D. The proposed impacts are described in detail below
Stream Impacts (S1-S14)
This portion of Afton Run and its associated tributary are highly incised and is beginning to erode in the banks, and is encroaching on a sewer line and a park. Therefore The City of
Concord is proposing to perform a total of 1,573 linear feet of streambank stabilization and restoration using permanent techniques such as log sills, log cross vanes, boulder sills, native
riffles, boulder cascades, boulder toes, j-hooks, and brush toes (Sheets C6.04 and C8.01-C8.03; Attachment D).
All areas disturbed by the work shall be re -graded to leave the area in a smooth condition, sloped for drainage and stabilized. Zone 1 along the stream banks will be seeded with a riparian
seed mix and will receive herbaceous plus and livestakes. Zone 2 within the stream buffer will be seeded with a riparian seed mix, and will receive bare roots and 1-gallon trees (Sheets
L1.00 and L1.01; Attachment D).
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O 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-2023-00191
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Carolina Wetland Services, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD issued 2/27/23 (SAW-2023-00191).
6. Future Project Plans
Ga. 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
3. Stream Impacts
IN
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*
liength*
g1
Pump around
Temporary
Dewatering
Stream B
Perennial
Corps
25
20
Averege (feet)
(linear feet)
S2
Stream Restoration
Permanent
Bank Stabilization
Stream B
Perennial
Corps
25
385
Average (feet)
(linear feet)
S3
Log Mat Crossing
Temporary
Fill
Stream B
Perennial
Corps
25
Averege ((eeQ
(linear feet)
S4
Stream Restoration
Permanent
Bank Stabilization J
Stream B
Perennial
Corps
25
467
Averege (feet)
(linear feet)
S5
Log Mat Crossing
Temporary
Fill
Stream B
Perennial
Corps
25
Average (feet)
(linear feet)
S6
Stream Restoration
Permanent
Bank Stabilization
Stream B
Perennial
Corps
25
531
Averege (feet)
(linear feet)
g7
Log Mat Crossing
Temporary
Fill
Stream B
Perennial
Fps__]
25
18
Average (feet)
(linear feet)
S8
Rip Rap Apron
Permanent
Fill
Stream B
Perennial
Corps
20
40
Averege (feet)
(linear feet)
S9
Rip Rap Apron
Permanent
Fill
ftrea-
Perennial
Corps
24
Averege (feet)
(linear feet)
S10
Stream Restoration
Permanent
Bank Stabilization J
Stream C
Perennial
Corps
9
45
Average (feet)
(linear feet)
S11
Stream Restoration
Permanent
Bank Stabilization J
Stream C
Perennial
Corps
25
Averege (feet)
(linear feet)
�2�Stream
Restoration
Permanent
Bank Stabilization J
Stream C
Perennial
Corps
31
Average (feet)
(linear feet)
S13
Stream Restoration
Permanent
Bank Stabilization J
Stream C
Perennial
Corps
25
Average (feet)
(linear feet)
S14
Pump around
Temporary
Dewatering
Stream C
Perennial
Corps
20
Averege (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
1,573
31. Total stream and ditch impacts:
1649
31. Total temporary stream impacts:
76
3j. Comments:
Temporary impacts are the result of dewatering and log mat crossings. Permanent impacts are the result of stream restoration and bank stabilization.
Total loss of waters is 74 If due to two rip rap aprons.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. The Dorton Park project has been designed to
avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Best Management Practices (BMP's) will be implemented during construction to avoid further Impacts. Proper sediment and erosion control measures
will be used to minimize disturbances to downstream waters. All channel work will be constructed in the dry in accordance with Water Quality
Certification No. 4245.
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:
Project is below thresholds.
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:
Project is not adjacent to 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:
O
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.
Project will not result in additional development.
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?
To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on -site field
investigation, CWS consulted the United States Fish and Wildlife Service's (USFWS) Endangered and Threatened Species and Species of Concern by
County for North Carolina online database for Cabarrus County. In addition, CWS performed a data review using the North Carolina Natural Heritage
Program (NCNHP) Data Explorer and Information for Planning and Consultation (IPAC) database to determine if any record occurrences of federally -
listed, candidate endangered, threatened species, or critical habitat were located within the project limits and conducted a habitat assessment within the
study area. The results of the desktop review and habitat assessment are included in the Protected Species Habitat Assessment reports (Attachment F).
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.f sheries. noaa.gov/resource/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? *
A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on January 18, 2023 to determine the presence of any areas of
architectural, historic, or archaeological significance that would be affected by this project. CWS also consulted the SHPO online GIS service. The
search indicated there are no known historical structures, buildings, sites, or districts existing within the project limits. A response letter from SHPO was
received on February 10, 2023 (Attachment G).
8. Flood Zone Designation (Corps Requirement)
Be. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
Project impacts to FEMA floodplain have been hydraulically studied and No -Rise concurrence received.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Panels: 3710469000K and 3710560000K
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
2022-0112_DortonPark_NWP_6.1.23(Final).pdf 74.53MB
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:
Megan Bollero
Signature
Date
6/1 /2023