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HomeMy WebLinkAbout20230967 Ver 1_ePCN Application_20230705DWR 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: 7/5/2023 BIMS # Assigned 20230967 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Andrew Pitner:andrew.pitner@ncdenr.gov Information for Initial Review 1a. Name of project: COUORTESY COPY South Village Wet Pond Outfall Restoration Project 1a. Who is the Primary Contact?* Gregory Cole 1b. Primary Contact Email: * gcole8@charloHe.edu Date Submitted 7/5/2023 Nearest Body of Water Toby Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.299908-80.736913 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 Version#* 1 Reviewing Office` Mooresville Regional Office - (704) 663-1699 1c. Primary Contact Phone: * (704)649-5638 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: 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 1g. 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 401 Water Quality Certification - Express Riparian Buffer Authorization 1d. Who is applying forthe 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: University of North Carolina at Charlotte (UNCC) 2b. Deed book and page no.: IDS 2475 PG 587 2c. Contact Person: Gregory Cole 2d.Address Street Address 9201 University City Blvd. Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28223 USA Yes No Yes No 2e. Telephone Number: (704)649-5638 2g. Email Address:* gcole8@charlotte.edu 4. Agent/Consultant (if applicable) 4a. Name: Charlie Benton 4b. Business Name: SWCA Environmental Consultants 4c.Address Street Address 113 Edinburgh South Drive Address Line 2 STE 1201 city Cary Postal / Zip Code 27511 4d. Telephone Number: (919)946-2133 4f. Email Address:* charlie.benton@swca.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Charlotte 2. Proiect Identification 2a. Property Identification Number: 04931120A 2c. Project Address Street Address 8890 Johnson Alumni Way Address Line 2 city Charlotte Postal / Zip Code 28262 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Toby Creek 3b. Water Resources Classification of nearest receiving water: 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. 030401050103 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: State / Province / Region NC Country USA 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: * Unnamed tributary to Toby Creek. This water has severe erosion from existing stormwater discharge. The project will improve the stormwater drainage to reduce runoff velocity and provide bank stabilization using natural stream channel restoration techniques. 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 4g. List the total estimated linear feet of all existing streams on the property: 300 4h. Explain the purpose of the proposed project:* The purpose of the project is to improve a perennial stream by removing abandoned stormwater infrastructure to restore a naturally stable stream bank and installing a velocity dissipator to stabilize an existing storm drainage outfall. A total of 95 linear feet of stream bank will be stabilized. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: See attached plans. 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans Simon King SWCA Environmental Associates 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? 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 O 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact* 3d. S. name" 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width r3h.mpact h* S1 Bank Stabilization Permanent Bank Stabilization :Iffto TobyCreek ::Iff::J� 15 Averege(teet) 95 Qinear feet) :] 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 95 31. Total stream and ditch impacts: 95 3j. Comments: Bank stabilization using natural stream channel restoration techniques. See attached plans. 31. Total temporary stream impacts: 0 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 bank stabilization area is minimized to the most severely eroded section of the stream bank. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: See attached plans for construction detail notes. All channel work will be performed 'in the dry' out of stream either by pump -around or stream diversion with silt curtain. Bank stabilization will use toe wood and coir fiber matting with live stakes and cuttings. 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: 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: Project is not located in one of the NC Riparian Buffer Protection watersheds. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No Comments: 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 project does not meet the minimum thresholds for requiring NEPA/SEPA documentation. 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 is for streambank stabilization and improvement of existing stormwater infrastructure. No additional development would be anticipated from this project. 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 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 Unknown 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? IPaC. 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? 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? * The project site is located on the UNC-Charlotte campus and will not involve disturbance to any historic structures or previously undisturbed land. 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? Charlotte -Mecklenburg 3D Interactive Floodzone mapping webviewer. Miscellaneous O 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 2023-06-13_UNCCSOVI_ConstructionDrawings.pdf 4.28MB 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: Charlie Benton, PWS L Signature ri#Wlzl 1 tar Date 7/5/2023