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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