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