20231466 Ver 1_ePCN Application_20231027

i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
8/30/2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20231466
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Mooresville Regional Office - [phone]
Andrew Pitner:andrew.pitner
Information for Initial Review
1a. Name of project:
SIMS LEGION PARK LANDFILL
1a. Who is the Primary Contact?*
DAVID WEIKLE, PE
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
10/27/2023
Nearest Body of Water
LINT TO LONG CREEK
Basin
Catawba
Water Classification
C
Site Coordinates
.................................
Latitude: Longitude:
35.280912 81.185633
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Gaston
O
Is this a NCDMS Project
Yes No

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: 38 - Hazmat Clean -Up
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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:
CITY OF GASTONIA
2b. Deed book and page no.:
IDS 1074 PG 0652
2c. Contact Person:
MICHAEL PEOPLES

2d. Address
Street Address
PO BOX 1748
Address Line 2
City
GASTOINA
Postal / Zip Code
28053-1748
2e. Telephone Number:
[phone]
2g. Email Address:*
M ICHAEL. PEOPLES@GASTON IANC.GOV
2a. Name(s) on recorded deed:
GARRY LANE CARROLL
2b. Deed book and page no.:
DB 5033 PG 1158
2c. Contact Person:
2d.Address
Street Address
212 LENOX STREET
Address Line 2
City
GASTOINA
Postal / Zip Code
28054-1807
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
DAVID WEIKLE, PE
3b. Business Name:
CDG ENGINEERS & ASSOCIATES, INC.
3c.Address
Street Address
4301 TAGGART CREEK ROAD
Address Line 2
City
CHARLOTTE
Postal / Zip Code
28208
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
DAVID WEIKLE, PE
4b. Business Name:
CDGE ENGINEERS & ASSOCIATES, INC.
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:

4c. Address
Street Address
4301 TAGGART CREEK ROAD
Address Line 2
City
CHARLOTTE
Postal / Zip Code
28208
4d. Telephone Number:
[phone]
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
1. Proiect Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
GASTONIA
2. Project Identification
2a. Property Identification Number:
3546749316
2c. Project Address
Street Address
1001 DR. MARTIN LUTHER KING JR. WAY
Address Line 2
city
GASTONIA
Postal / Zip Code
28054
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
LINT TO LONG CREEK
3b. Water Resources Classification of nearest receiving water:"
C
3c. What river basins) is your project located in?"
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
03050102
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
35.77
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: *
MUCH OF THE AREA (65.2%) IS WOODED WHILE 30.8 % IT IS OPEN SPACE (PARK LAND BALL FIELDS / RESIDENTIAL). THE LAST 4.0 % IS IMPERVIOUS ASPHALT PARKING
LOT OR STREET.
1.7 % OF THE OVERAL LIMITS OF WASTE MATERIAL AREA IS RESIDENTIAL. THE REMAINING PORTION OF THE AREA IS OWNED BY THE PARK AUTHORITY.
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:
1,100

4h. Explain the purpose of the proposed project:*
This property is an old landfill that was covered up years ago (before current regulations were established) and has since been turned into a County Park. Much of it is forested and the
rest is open field (ball fields). Preliminary studies show the existing waste is at depths that range from over 5-6 feet to just over 6". The State Division of Waste Management Superfund
Section Pre -Regulatory Landfill Unit has contracted us to direct the "cleanup" of this site which consists of removing all the trees to 6" below ground level, excavation of any waste material
with less than 1' of cover and relocating burial of such waste in areas where a minimum of 1-foot of soil cover is possible.
The ravine in question is an outfall for an existing 48" RCP that eventually feeds into a tributary to Long Creek. The current slopes to this outfall pipe are very close to 1:1 and heavily
wooded. Because the trees need to be removed, we are proposing the extension of this existing storm pipe so that we can provide 4:1 grassed slopes that will not encroach into the
existing ball field. 4:1 slopes will also allow for easy maintenance by the Park Authority and safer terrain for park visitors. There are also pockets of exposed waste material in and around
this ravine which needs to be relocated under the current regulations which is another reason for regrading in this area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project proposes that all trees (except for approximately 19 that are shown on Drawing 12) be cut down to six -inches below grade level, allowing the root ball to be left in place. The
exceptions to this procedure will be where waste material is known to have less than 1-foot of soil cover in which the waste will be removed and relocated to an excavation stockpile to be
covered with the proper amount of soil cover, the ravine area that will be graded to 4:1 slopes, and areas where sediment basins/traps will be located as part of the erosion control
procedures. In these exception areas, the trees and root balls will be removed.
While a contractor has not yet been determined, it is assumed that a feller buncher (or other type of harvester) will be used for a majority of the tree removals. Backhoes, dozers and/or
dump trucks will be used to remove, relocate, and/or provide proper cover in areas where waste material will need to be handled. Conventual equipment such as chainsaws may be used
to cut down or trim trees prior to their off -site removal. It is also assumed that the trees will be taken off -site by a company to be determined by the contractor once one has been selected.
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:
SAW-2018-00034
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: CAROLINA ECOSYSTEMS INC.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
3/20/2019
6. Future Project Plans
6a. Is this a phased project?*
Yes C* 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?
AN EROSION CONTROL PLAN HAS BEEN SUBMITTED TO NC DEQ FOR APPROVAL SINCE WE ARE PROPOSING MORE THAN ONE ACRE OF LAND DISTURBANCE.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
3. Stream Impacts
L
F
S1
3a. Reason for impact (?)
1
3b.lmpact type*
Permanent
3c. Type of impact*
Bank Stabilization
3d. S. name*
UT2 TO UT1 TO LONG
CREEK
3e. Stream Type*
?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
5
Aveage (feet)
3h. Impact
length*
203
(linear feet)
S2
1
Permanent
Culvert
CULVERT TO UT2
Perennial
Both
5
Average (feet)
55
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
258 0

3i. Total stream and ditch impacts:
258
3j. Comments:
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
KEPT NEW SLOPES AT A 4:1 TO HELP AVOID FUTURE EROSION, EASIER MAINTENANCE, AND SAFER FOR PARK ATTENDEES. MINIMIZED
EXTENDED PIPE TO ALLOW FOR MINIMIM LOSS OF OPEN STREAM & ALLOW FOR NO NEW GRADING ENCROACHMENT ONTO EXISTING
BALL FIELD. WASTE MATERIAL WILL BE REMOVED FROM STREAM BED AND EMBANKMENTS TO HELP MATERIAL FROM BEING
UNCOVERED AND TRAVELING DOWNSTREAM.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
CONSTRUCTION TECHNIQUES WILL BE BASIC IN TERMS OF TYPICAL ACTIVITIES, WITH THE MAJORITY OF WORK BEING DONE IS
REMOVING EXISTING TREES, RELOCATING POCKETS OF WASTE TO PROPER AREAS WITHIN THE LIMITS OF CLEARING,
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:
THIS PROJECT IS PROPOSING TO RESTORE THE EXISTING STREAM BY PROVIDING A MORE UNIFORM CROSS-SECTION AT A 1.2 % SLOPE INSTEAD OF THE EXISTING
INCONSISTANT ONE IT HAS NOW THAT PONDS WATER. THIS PROJECT ALSO REMOVES THE EXISTING SURFACE (AND SOME SUB -SURFACE) WASTE MATERIAL THAT WILL
ULTIMATELY PROVIDE CLEANER STORMWATER RUNOFF DOWNSTREAM DURING RAIN EVENTS.
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 SITE IS LOCATED IN THE CATAWBA RIVER BASIN BUT IS NOT ALONG THE CATAWBA RIVER OR ONE OF ITS FRESH -FED LAKES. OUR SITE IS ADJACENT TO AN
UNNAMED TRIBUTARY TO LONG CREEK.
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:
THIS PROJECT DOES NOT PROPOSE ANY IMPERVIOUS FEATURES OR ANY BUA.
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:*
THIS PROJECT IS BEING FUNDED BY THE NCDEQ DIVISION OF WASTE MANAGEMENT PRE -REGULATORY LANDFILL PROGRAM
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
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.
THIS PROPERTY WILL STILL BE OWNED AND OPERATED BY THE CITY OF GASTONIA. ANY DEVELOPMENT AT THIS TIME COULD BE
EXPANSION OF USABLE PARK LAND. DEED RESTRICTIONS WILL ALSO BE APPLIED TO THE "LIMITS OF WASTE" ARE TO BE DETERMINED
BY THE NCDEQ DIVISION OF WASTE MANAGEMENT.
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?
USFWS ONLINE MAPPER
https://fws.maps.arcgis.com/apps/mapviewer/index. html?webmap=9d8de5e265ad4fe09893cf75b8dbfb77
https:/Iwww.arcgis.com/apps/mapviewerlindex.html?
url=https://services.arcgis.com/QVENGdaPbd4LUkLV/ArcG IS/rest/services/USF WS_Critical_Habitat/FeatureServer&source=sd
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 FISHERIES ESSENTIAL FISH HABITAT MAPPER:
https://www. h abitat. noaa. gov/apps/efh mapper/?page=page_8&views=view_22
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 Department of Natural & Cultural Resources GIS Website:
http://gis.ncdcr.gov/hpowebl
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:
THIS PROJECT DOES NOT PROPOSE ANY FILL OR STRUCTURE CONSTRUCTION WITH THE EXCEPTION OF THE EXTENDED CULVERT
WITHIN THE FLOODPLAIN (NOT FLOODWAY)
8c. What source(s) did you use to make the floodplain determination?
NC FLOODMAPS GIS DOWNLOAD

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
EMail 30-Day Receipt.pdf 71.78KB
1.pdf 6.73MB
File must be PDF or KMZ
Comments
THE MAIN PURPOSE OF THIS SUBMITTAL IS TO EXTEND THE EXISTING CMP PIPE WITH A RCP, REGRADE THE EXISTING OUTFALL DITCH BELOW THAT PIPE,
EMBANKMENT RESTORATION ON BOTH SIDES OF THE DITCH, AND RELOCATION OF BOTH SURFACE AND BURIED WASTE MATERIAL FOUND THROUGHOUT THE
EXISTING OUTFALL DITCH AND SIDE SLOPES.
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:
David Weikle
Signature
Date
10/27/2023
a