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HomeMy WebLinkAbout20201417 Ver 1_ePCN Application_20230927i 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: 3/17/2023 BIMS # Assigned 20201417 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review 1a. Name of project: DeArmon Road Complete Street Improvements 1a. Who is the Primary Contact? * Aliisa Harjuniemi 1b. Primary Contact Email: * aliisa@cws-inc.net Date Submitted 9/27/2023 Nearest Body of Water Clarks Creek Basin Yadkin-PeeDee Water Classification Class C Site Coordinates Latitude: Longitude: 35.363110° -80.793249° 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 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Dave Wanucha:dave.wanucha 1c. Primary Contact Phone: (980)259-1222 $570.00 $767.00 a Is this project a public transportation project?* Yes No Is this a NCDOT Project?* Yes No (NCDOT only) T.I.P. or state project number: STIP number HL-00112 WBS # (1) TBD Ia. 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: 14 - Linear transportation NWP Numbers (for multiple NWPS): 58 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification to. 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 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: N/A (City of Charlotte easement) 2b. Deed book and page no.: 2c. Contact Person: City of Charlotte; POC: Kristie Kennedy 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 600 East 4th Street Address Line 2 City Charlotte Postal / Zip Code 28202 2e. Telephone Number: (704)591-3954 2g. Email Address:* kristie.kennedy@charlottenc.gov 3. Applicant Information (if different from owner) 3a. Name: City of Charlotte; POC: Kristie Kennedy 3b. Business Name: 3c. Address Street Address 600 East 4th Street Address Line 2 city Charlotte Postal / Zip Code 28202 3d. Telephone Number: (704)591-3954 3f. Email Address:* kristie.kennedy@charlottenc.gov 4. Agent/Consultant (if applicable) 4a. Name: Aliisa Harjuniemi 4b. Business Name: Carolina Wetland Services, Inc. 4c.Address Street Address 550 Westinghouse Blvd, Charlotte Address Line 2 City Charlotte Postal / Zip Code 28273 4d. Telephone Number: (980)259-1222 4f. Email Address:* aliisa@cws-inc.net C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Charlotte 2. Project Identification State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region INC Country USA 3e. Fax Number: State / Province / Region INC Country USA 4e. Fax Number: O 2a. Property Identification Number: N/A (City of Charlotte easement) 2b. Property size: 16.3 2c. Project Address Street Address DeArmon road Address Line 2 city Charlotte Postal / Zip Code 28269 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Clarks Creek 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. 030401050103 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 DeArmon Road Complete Street Improvements project is approximately 0.79 mile in length (16.3 acres in extent) and consists of a 70-foot corridor along each side of DeArmon Road from Benfield Road to Browne Road in Charlotte, North Carolina (Figure 1, attached). The project area consists of DeArmon Road and road right-of-way. The surrounding land -use consists of residential neighborhoods and commercial buildings. There are two jurisdicional stream channels within the study area (Clark's Creek and an unnamed tributary). 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: 134 If perennial stream, 212 If intermittent stream 4h. Explain the purpose of the proposed project: The purpose of the project is to widen the DeArmon Road and add sidewalks. Additionally, the project proposes one open -cut sewer crossing. The project as proposed would increase the connectivity within the area and improve pedestrian safety. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Under Nationwide Permit No. 14, (NWP14) the project proposes impacts to two stream channels due to the road widening and sidewalk installation. Additionally, under NWP 58, the project proposes one open -cut sewer crossing. - Road Crossing #1 - Stream B: The project proposes extending the existing pipe 130 If upstream (S1) and 30 If downstream (S2). A 30 If rip -rap apron is proposed downgradient from culvert to prevent erosion (S3). Temporary dewatering system will have 20 If temporary impact to Stream B (S4). - Road Crossing #2 - Stream A: The project proposes replacing the existing 46 If pipe with a 100 feet culvert. This will result in 54 If loss of waters (S5). Additionally, 160 If bankstablization is proposed to maintain the stream stability (S6). Temporary dewatering system will have 20 If temporary impact to Stream A (S7). - Open -cut sewer crossing: An open cut sewer crossing will have 20 If temporary impact to Stream B (S8). This impact will overlap with the proposed bank stabilization. The construction plan depicting the proposed impacts is included as Attachment D. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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-2022-02315 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: CWS Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Preliminary Jurisdictional Determination (SAW-2022-02315), dated 11.8.2022 is included as Attachment C. 6. Future Project Plans 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? There are no future phases in the foreseeable future. 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 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 Pipe extension Permanent Culvert Stream B Intermittent Corps 130 Average (feet) (linear feet) gy Pipe extension Permanent Culvert Stream B Intermittent Corps 30 Averege (feet) (linear feet) S3 Rip rap apron Permanent Rip Rap Fill Stream B Intermittent Corps 30 Averege (feet) (linear feet) S4 Dewatering Temporary Dewatering Stream B Intermittent Corps 20 Average (feet) (linear feet) S5 Culvert replacement Permanent Culvert Stream A Perennial Corps 54 Averege (feet) (linear feet) S6 Bank stabilization Temporary Bank Stabilization J Stream A Perennial Corps 160 Averege (feet) (linear feet) gT Dewatering Temporary Dewatering Stream A Perennial Corps 20 Averege (feet) (linear feet) gg Open -cut sewer Temporary Other Stream A Perennial Corps 20 Average (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 244 31. Total stream and ditch impacts: 464 3j. Comments: Permanent loss of waters total 214 If E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 220 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: To avoid and minimize impacts to jurisdictional waters of the U.S., the site was delineated prior to finalizing the site plan and the proposed site plan was designed around the delineation results. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be installed around thejurisdictional features, outside of the avoided wetlands and streams. Construction activities and impacts to on -site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit No. 14 and Water Quality Certificate No. 4246. All work will be constructed in the dry and all temporary fill will be removed following the work 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 0 V 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): DWR 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 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: City of Charlotte Umbrella Stream and Wetland Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 214 3c. Comments City of Charlotte proposes mitigating the 214 If loss of stream channel with 1:1.75 ratio. The NC SAM forms and the mitigation credit availability letter are included in Attachment E. 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: The project is not adjacent to protected 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) 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:* Categorical exclusion document will be prepared for this project. 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 O 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 will not result in cumulative impacts. 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 What Federal Agency is involved? NC DOT 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? Attachment F - Protected Species Assessment and USFWS Concurrence Letter 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.fisheries. noaa.gov/resou rce/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? Attachment G - SHPO 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: CLOMR will be submitted for this project. 8c. What source(s) did you use to make the floodplain determination? FEMA Firm: 3710456900K Miscellaneous 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 DeArmon_Cover page and Attachments.pdf 19.87MB 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: Aliisa Harjuniemi Signature Date 9/27/2023 M