20230942 Ver 1_ePCN Application_20230629

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:
12/2/2022
BIMS # Assigned
20230942
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:
Sugar Creek Greenway - McDowell Farms Dr. to Yorkmont Rd.
1a. Who is the Primary Contact?*
Jennifer Burdette
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/29/2023
Nearest Body of Water
Sugar Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.174354
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:
-80.916476
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:
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. Name(s) on recorded deed:
Mecklenburg County
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Jennifer Brooks
2d. Address
Street Address
3205 Freedom Drive
Address Line 2
Ste. 6000
City
Stale / Province / Region
Charlotte
North Carolina
Postal/Zip Code
Country
28202
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jennifer Brooks
3b. Business Name:
Mecklenburg County
3c.Address
Street Address
3205 Freedom Drive
Address Line 2
Ste.6000
city
Charlotte
Postal / Zip Code
28202
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Burdette
4b. Business Name:
Natural Resource Consultants, LLC
4c.Address
Street Address
308 W. Millbrook Road
Address Line 2
Ste. D #200
city
Raleigh
Postal / Zip Code
27609
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:
Charlotte
2. Project Identification
2a. Property Identification Number
14327204,
14327203,14327207,14322110,14322106,143
20101,14320102,14321103,14313302,143133
06,14327211,14327481,14327207,14327484,
14327209,14322105,16708110,16708109,167
22196,16722165,16709401,16722199,167221
97
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
2b. Property size:
96

2c. Project Address
Street Address
Project follows Sugar Creek from McDowell Farms Dr. to Yorkmont Rd.
Address Line 2
City
State / Province / Region
Charlotte
North Carolina
Postal / Zip Code
Country
28217
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Sugar Creek
3b. Water Resources Classification of nearest receiving water: *
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030103
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 proposed greenway expansion project will parallel Sugar Creek north from McDowell Farm Drive to Yorkmont Road in Charlotte, Mecklenburg County, North Carolina. General land
use within the surrounding area is primarily comprised of commercial and residential properties, as well as recreational areas associated with communal parks, greenways, trails, and other
public amenities like the Renaissance Park Golf Course. Portions of the proposed project also abut and/or cross roadside and utility easements, as well as easements owned by
Mecklenburg County.
Please refer to the attached USGS Location Maps (Figure 1), Mecklenburg County Soil Survey Maps (Figure 2), and Aerial Map (Figure 3A-C) for more information on the project setting.
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:
3.463
4g. List the total estimated linear feet of all existing streams on the property:
17,090
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to establish a new section of the existing Sugar Creek Greenway that will span north from McDowell Farms Drive to Yorkmont Road in Charlotte,
Mecklenburg County, North Carolina. The project also includes a trailhead/parking facility located off South Tryon Street and trail spurs that connect to Edgegreen Drive, Center Park Drive,
and Memorial Parkway.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project proposes to create an approximate 3.5-mile expansion of the City of Charlotte's Sugar Creek Greenway. The proposed extension will tie into the existing Sugar Creek
Greenway south of McDowell Farms Drive and continue north toward Yorkmont Road. The proposed project also includes a new trailhead/parking facility located off South Tryon Street
and trail spurs that connect to Edgegreen Drive, Center Park Drive, and Memorial Parkway. The new extension will aid in the overall goal of the Sugar Creek Greenway, to connect existing
and future residents of Charlotte to residential areas, businesses, and open spaces.
The project is designed to comply with the City of Charlotte's land development standards and will utilize a combination of paved asphalt pathways within upland areas and boardwalks
and pedestrian bridges for the majority of proposed wetland and stream crossings.
Stream bank stabilization is proposed for incised banks located beneath proposed pedestrian bridges to prevent erosion (S1, S2, S3, S6, S13, S16). These areas will be shaded by bridge
structures and may not support vegetation that would otherwise provide bank stability. Bank stabilization will utilize filter fabric and clean riprap on a 1.5:1 slope. Bridge and slope
stabilization plans are included on Sheets S1-S4 of the attached Impact Map/Site Plan.
The project also includes the replacement of an existing culvert that is currently degraded and the installation of a new dissipator pad (S11). Two additional culverts (S9, S14) and
associated dissipator pads (S10, S15) are proposed for greenway trail construction where the use of pedestrian bridges is not feasible. Riprap dissipator pads (S4, S5, S7, S8, S12) are
also proposed for stormwater outlets that drain to Sugar Creek.
Permanent wetland impacts associated with greenway trail construction (W2) are unavoidable. This section of the trail is located within a Duke Power easement, which prohibits the use of
boardwalks. Additionally, there are no alternative alignments within this portion of the expansion project due to restrictions related to property access. The applicant proposes to mitigate
0.35 AC of associated wetland impact at a 2:1 ratio through the purchase of credits from NCDMS.
Equipment typical for construction and earth moving will be utilized to construct the proposed project. A pump -around and/or diversion system will be utilized to separate the flowing stream
from construction areas during culvert replacement and installation.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes
No
Comments:
NRC completed a delineation of the original study area in August of 2021. Data forms and
assessments were completed and additional areas outside the original studay were evaluated for
jurisdictional areas on May 24, 2023.
Q Unknown

5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
A PJD request was submitted to the USACE on June 28, 2023.
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jennifer Burdette & Alec Pierzga
Agency/Consultant Company: NRC
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
Construction of this greenway segment may enable the development of additional greenway sections or spurs along Sugar Creek in the future. However, these segments would qualify for
a Nationwide Permit for linear transportation projects because each segment has independent utility in connecting public roads.
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
W1
2a1 Reason (?)
Access
2b. Impact type * M
T
2c. Type of W. *
Ett.mland Hardwood Forest
2d. W. name
W4
2e. Forested"
No
2f. Type of Jurisdicition *
(?)
Both
2g• Impact
area
0.007
(acres)
W2
Freenway
P
Bottomland Hardwood Forest
W7
E::][Both
0.347
(acres)
2g. Total Temporary Wetland Impact
0.007
2g. Total Wetland Impact
0.354
2g. Total Permanent Wetland Impact
0.347
21. Comments:
Impacts associated with greenway trail construction (W2) will result in 0.35 AC of permanent wetland loss. The applicant proposes to mitigate this impact
a 2:1 ratio for a total of 0.70 AC of wetland credit to be obtained via NCDMS.
3. Stream Impacts
F
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
Bank Stabilization
Permanent
Bank Stabilization J
S13, UT Sugar Creek
Perennial
Both
21
Average (feet)
(linear feet)
g2
Bank Stabilization
Permanent
Bank Stabilization J
S12, UT Sugar Creek
Perennial
Both
21
Averege (feet)
(linear feet)
S3
Bank Stabilization
Permanent
Bank Stabilization J
S10, UT Sugar Creek
Perennial
Both
24
Averege (feet)
(linear feet)
S4
Riprap Dissipator
Permanent
Rip Rap Fill
S1, Sugar Creek
Perennial
Both
Average (feet)
(linear feet)
S5
Riprap Dissipator
Permanent
Rip Rap Fill
S1, Sugar Creek
Perennial
Both
1
12
Averege (feet)
(linear feet)
S6
Bank Stabilization
Permanent
Bank Stabilization J
S9, UT Sugar Creek
Perennial
Both
21
Average (feet)
(linear feet)

g7
Riprap Dissipator
Permanent
Rip Rap Fill
S1, Sugar Creek
Perennial
Both
12
Average (feet)
(linear feet)
gg
Riprap Dissipator
Permanent
Rip Rap Fill
St, Sugar Creek
Perennial
Both
16
Average (feet)
(linear feet)
gg
Culvert
Permanent
Culvert
7, UT Sugar Creek
1
Perennial
Both
39
Averege (feet)
(linear feet)
S10
Riprap Dissipator
Permanent
Rip Rap Fill
S7, UT Sugar Creek
Perennial
Both
27
Average (feet)
(linear feet)
S11
Riprap Dissipator
Permanent
Rip Rap Fill
S5, UT Sugar Creek
Perennial
Both
16
Averege (feet)
(linear feet)
S12
Riprap Dissipator
Permanent
Rip Rap Fill
S1, Sugar Creek
Perennial
Both
12
Average (feet)
(linear feet)
S13
Bank Stabilization
Permanent
Bank Stabilization J
S3, UT Sugar Creek
Perennial
Both
22
Average (feet)
(linear feet)
S14
Culvert
Permanent
Culvert
S2, UT Sugar Creek
Perennial
Both
49
Averege (feet)
(linear feet)
S15
Riprap Dissipator
Permanent
Rip Rap Fill
S2, UT Sugar Creek
Perennial
Both
31
Average (feet)
(linear feet)
S16
Bank Stabilization
Permanent
Bank Stabilization
S11, UT Sugar Creek
Perennial
Both
22
Averege (feet)
(linear feet)
ER=.r
]ffanent:]Rip
Rap Fill
S6, UT Sugar Creek
Perennial
Both
�
25
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
377 0
31. Total stream and ditch impacts:
377
3j. Comments:
Impacts from culvert installation (S9 and S14) will result in a total of 88 LF/0.008 AC of permanent stream loss. The proposed impacts are below the
threshold of 0.02 AC for stream mitigation.
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 applicant obtained a delineation of surface waters and wetlands for a more extensive study area (approximately 96 AC) before planning this section
of the greenway trail to avoid and minimize impacts to aquatic resources to the maximum extent practicable. The County was unable to negotiate
agreements with private landowners, dictating the placement of the trail on County and City of Charlotte owned property along Sugar Creek. The project
utilizes pedestrian bridges and boardwalks to minimize and avoid impacts to the majority of streams and wetlands onsite. Of the approximate 3.46 AC of
wetland identified within the original 96-acre study area, permanent impacts to 0.35 AC of wetland are proposed. This permanent wetland impact could
not be avoided with a boardwalk because it is located within a Duke Energy Progress transmission line easement. By realigning the proposed limits of
disturbance, impacts to approximately 3.11 AC of wetland were avoided.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A sediment and Erosion Control Plan for the project will be planned and approved by Mecklenburg County Land Development, and the project will
comply with the supplementary NPDES Construction Stormwater Permit (NCG010000). Best management practices will be employed to ensure that
there are no impacts on downstream water quality due to the project.
Riprap dissipaters installed below culverts will be buried in the streambed to maintain the pre -construction channel dimensions to avoid a loss of
streambed. A pump -around or diversion plan will be used to prevent streamflow from contacting the work area necessary for culvert and riprap
installation. Culverts will be appropriately embedded on the center line of the stream to support aquatic passage. Construction impacts will be minimized
by limiting in -channel work to low -flow conditions and working from high-ground/streambanks. Culvert design details are included on the attached Sheet
213-11. Two 24-inch culverts will be installed under the greenway that crosses a large wetland area (W2) to maintain the hydrologic connectivity of the
wetland.
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
2c. If yes, mitigation is required by (check all that apply):
D W R Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation

4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
0
4d. Buffer mitigation requested (DWR only):
(square feet)
0
4f. Non -riparian wetland mitigation requested
(acres)
0
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.35
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
Impacts associated with greenway trail construction (W2) will result in 0.35 AC of permanent wetland loss to be mitigated at a proposed 2:1 ratio for a
total of 0.70 AC of wetland credit.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. 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 a river basin or watershed where the State requires the 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:
Stormwater runoff will sheet flow from the greenway surfaces. A stormwater management plan will be developed for the proposed trailhead/parking component of the project. The City of
Charlotte will review and approve the stormwater management plan before the project's construction.
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
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments:*
The proposed project exceeds the 10-acre threshold for a land -disturbing activity and requires a 401 Water Quality Certification. However, the proposed
project does not exceed the minimum criteria for a detrimental environmental effect.
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
O

3b. If you answered "no," provide a short narrative description.
Construction of this greenway segment may enable the development of future greenway sections or spurs along Sugar Creek in the future. However,
Phase 2 NPDES stormwater requirements will prevent impacts to nearby downstream water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Wastewater generated from trailhead restrooms will be routed to the Charlotte sewer system.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
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?
USFWS reviewed NRC's protected species assessment for the proposed project area and provided the attached letter dated March 20, 2021. The
Service concluded that the project would occur at
a location where any incidental take of northern long-eared bat that may result from associated activities is exempt under the 4(d) rule for this species,
and determined a may affect; not likely to adversely affect biological conclusion for Schweinitz's sunflower. The Service concluded that suitable habitats
do not occur onsite for any other federally protected species.
The official species list for the project was updated on June 29, 2023. Tricolored bat is listed as proposed endangered. Monarch butterfly is listed as a
candidate species. The project's affect on these species will be assessed if their status changes before the project is let. A survey for Michaux's sumac,
Schweinitz's sunflower, and smooth coneflower was completed in late October/early November of 2020. Please advise if surveys for these species need
to be updated in late August during the optimal survey period for all three plant species.
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 Essential Fish Habitat (EFH) Mapper (http://habitat.noaa.gov/protection/efh/efhmapper/) was accessed on June 27, 2023.
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? *
After reviewing the proposed project area, SHPO indicated that they are aware of no historical resources that would be affected by the project in the
attached letter dated March 25, 2021.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
An approval from the local floodplain manager with Charlotte -Mecklenburg Storm Water Services is anticipated before the design is finalized.

8c. What source(s) did you use to make the floodplain determination?"
FEMA Firm Map Numbers 3710452200K and 3710452100K.
Miscellaneous
u
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
Sugar Creek404401 Ltr+Att_Optimized.pdf 34.7MB
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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:
Jennifer Burdette
Signature
�%AY.e'i�t �utlts!!tt
Date
6/29/2023