HomeMy WebLinkAbout20231114 Ver 1_ePCN Application_20230809DWR
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:
6/21/2023
BIMS # Assigned
20231114
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:
Catawba Creek Greenway
1a. Who is the Primary Contact?*
Elias Ruhl
1b. Primary Contact Email: *
eruhl@fandr.com
Date Submitted
8/9/2023
Nearest Body of Water
Catawba Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.234509
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Gaston
Is this a NCDMS Project
Yes No
Longitude:
-81.147076
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:andrew.pitner@ncdenr.gov
1c. Primary Contact Phone: *
(919)630-1705
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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 Gastonia
2b. Deed book and page no.:
Numerous
2c. Contact Person:
Rusty Bost
2d. Address
Street Address
150 S York Street
Address Line 2
City State / Province / Region
Gastonia NC
Postal / Zip Code Country
28052 USA
Yes No
Yes No
2e. Telephone Number:
(704)854-6635
2g. Email Address:
rusty.bost@gastonianc.gov
3. Applicant Information (if different from owner)
3a. Name:
JeffAshbaugh
3b. Business Name:
Alfred Benesch & Company
3c.Address
Street Address
2359 Perimeter Pointe Parkway, Suite 350
Address Line 2
City
Charlotte
Postal / Zip Code
28208
3d. Telephone Number:
(704)943-3171
3f. Email Address:"`
jashbaugh@benesch.com
4. Agent/Consultant (if applicable)
4a. Name:
Elias Ruhl
4b. Business Name:
Froehling & Robertson
4c.Address
Street Address
310 Hubert Street
Address Line 2
City
Raleigh
Postal / Zip Code
27603
4d. Telephone Number:
(919)630-1705
4f. Email Address:
eruhl@fandr.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Gastonia
2. Project Identification
2a. Property Identification Number:
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
6.9
2c. Project Address
Street Address
2100 Robinwood Road
Address Line 2
City
Gastonia
Postal / Zip Code
28054
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Catawba Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?"
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011502
4. Project Description and History
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: *
The project area consists of a 100 foot corridor along a proposed greenway for a length of approximately 5,000 feet totaling approximately 6.9 acres. The site consists of wooded land and
an existing cleared sewer easement, and is situated in an area of residential development. Additionally, a National Guard Armory and a YMCA are located in the vicinity.
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:
0.545
4g. List the total estimated linear feet of all existing streams on the property:
318
4h. Explain the purpose of the proposed project:
The purpose of this project is to provide a new greenway, approximately 0.8 miles in length, along Catawba Creek connecting the surrounding neighborhoods to the existing and future
planned greenways in the region. A pedestrian bridge across Catawba Creek will be constructed to provide these neighborhood and regional connections. This greenway will provide free,
public, off -road, close to home walking and biking access to Robinwood Road. It will also allow people with disabilities to safely access the path and experience a scenic creekside
greenway.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: x
The project consists of a new greenway that is approximately 0.8 miles in length and located along Catawba Creek. This greenway would connect the surrounding neighborhoods to the
existing and future planned greenways in the region. Construction of the pedestrian bridge will be outside of the floodplain and Gaston County's floodplain development ordinance will not
be required, though a permit has been prepared for record keeping. A hydraulic study was completed to set the bridge finish elevations and proposed grades around the supporting
abutments. In terms of clearing the majority of the proposed greenway is located within a City of Gastonia easement and will require very little clearing. The construction equipment used to
build the pedestrian bridges will be industry standard dump trucks, loaders, pile drivers, crane, and excavator. Only limited grading will be needed for the proposed greenway bridge. Any
surplus fill generated by the project will be transported off -site and disposed of in a legally approved landfill.
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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?"
Yes
Elias Ruhl
Froehling & Robertson, Inc.
Erin Binkley
OO 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?
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
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
�2g. Impact
area
Greenway crossing
P
Headwater Forest
W1
Yes
Corps
0.023
(acres)
Grading
T
Headwater Forest
W1
Yes
Corps
0.002
(acres)
Greenway crossing
P
Headwater Forest
W2
Yes
Corps
0.016
(acres)
Grading
T
Headwater Forest
W2
Yes
Corps
0.008
(acres)
Greenway crossing
P
Headwater Forest
W3
Yes
Corps
0.002
(acres)
Grading
T
Headwater Forest
W3
Yes
Corps
0.003
(acres)
Greenway crossing
P
Headwater Forest
W3
Yes
Corps
0.041
(acres)
Grading
T
Headwater Forest
W3
Yes
Corps
0.004
(acres)
Greenway crossing
P
Headwater Forest
W3
Yes
Corps
0.007
(acres)
Grading
T
Headwater Forest
W3
Yes
Corps
0.031
(acres)
Greenway crossing 1p
Headwater Forest
W4
Yes
Corps
0.001
(acres)
�77]
Grading
T
Headwater Forest
W4
Yes
Corps
0.009
(acres)
2g. Total Temporary Wetland Impact
0.057
2g. Total Wetland Impact
0.147
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.090
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
Greenway crossing
Permanent
Culvert
S3
Intermittent
Both
31
Averege (feet)
(linear feet)
S2
Greenway crossing
Temporary
Stabilization
S3
Intermittent
Both
Average (feet)
(linear feet)
S3
Greenway Crossing
Permanent
Culvert
S4
Intermittent
Both
13
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
44 8
3i. Total stream and ditch impacts:
52
3j. Comments:
A total of 370 SF of permanent stream impacts are proposed within Catawba Creek tributaries at the crossing locations. 72 SF of temporary impacts are
proposed.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to on -site jurisdictional waters have been reduced to the maximum extent practicable. Construction of the pedestrian bridge across Catawba
Creek will be entirely outside of the floodplain. A pre-engineered bridge is used to span Catawba Creek in a single span to avoid any impacts to the bed
or banks of the stream. Pile supported abutments are being used for the bridge to minimize grading near the top of creek banks. Additionally, the
greenway alignment was altered significantly following the wetland delineation in an effort to avoid impacts to jurisdictional features where possible and
minimize the necessary impacts through the design process.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
During construction, adequate sedimentation and erosion control measures will be used to contain sediment and prevent any disturbances to
downstream waters. Construction will follow NCDEQ best practices. All work will be constructed in the dry.
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:
Impacts are below the established thresholds for mitigation per NWP 14 and WQGC 4246.
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:
Site not located within the Catawba River riparian buffer area.
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:
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: *
Project meets the Minor Construction Activities definition outlined in 15A NCAC 01C .0408 and does not require a SEPA.
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
0
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 proposed greenway project will connect the existing surrounding neighborhoods. Additional development is not anticipated to result as it is intended
to serve existing development within the areas surrounding the 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
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?
Froehling & Robertson (F&R) completed a Threatened & Endangered Species query through the NC Natural Heritage Program database and obtained
an official Species List through the USFWS iPaC. Based on the documented efforts to identify listed species and their associated habitat, the proposed
actions are not likely to adversely affect federally -listed endangered or threatened species, their formally designated critical habitat, or species currently
proposed for listing under the Endangered Species Act (ESA). Please see attached F&R Protected Resources Review and associated documentation.
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?
NOAA Essential Fish Habitat Mapper (https://www.habitat.noaa.gov/apps/efhmapper) accessed on July 31, 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?
NC SHPO GIS WebMapper. Based on F&R's review of information available at the SHPO GIS website, sites listed on the National Register (NR) or on
the Study List (SL) for the NR were not identified on or adjacent to the project review area. Additionally, other sites of historic or cultural significance
were also not identified. See the attached SHPO concurrence letter.
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:
Construction of the pedestrian bridge will be outside of the floodplain and Gaston County's floodplain development ordinance will not be required, though
a permit has been prepared for record keeping. A hydraulic study was completed to set the bridge finish elevations and proposed grades around the
supporting abutments.
8c. What source(s) did you use to make the floodplain determination?
FEMA and Gaston County requirements and guidelines.
Miscellaneous
0
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
PCN Attachments —Catawba Creek Greenway.pdf 32.6MB
CatawbaCrkGwy_Final Plans_060923.pdf 11.28MB
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:
Elias N. Ruhl
Signature
6QW 42I. -lew
Date
8/9/2023
8