HomeMy WebLinkAbout20240065 Ver 1_ePCN Application_20240104DW R
DHlsloo 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.
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# *
20240065 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 - (704) 663-1699
Andrew Pitner:andrew.pitner
Information for Initial Review
la. Name of project:
Westbourne Storm Drainage Improvement Project
la. Who is the Primary Contact?*
Noah Meador
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
Noah. Meador@charlottenc.gov (704)975-9666
Date Submitted
1 /4/2024
Nearest Body of Water
Gum Branch
Basin
Catawba
Water Classification
WS-IV
Site Coordinates
Latitude: Longitude:
35.302300-80.929623
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
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
Regional General Permit (RGP) Number:
RGP Numbers (for multiple RGPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
201600163 — Charlotte Stormwater Services
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
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:
Charlotte Mecklenburg Storm Water Services (storm water easements)
2b. Deed book and page no.:
2c. Contact Person:
Noah Meador
2d.Address
Street Address
4100 West Tyvola Road
Address Line 2
city
Charlotte
Postal / Zip Code
28208
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
Mecklenburg
Yes No
Yes No
2e. Telephone Number:
(704)975-9666
2g. Email Address:*
Noah. Meador@charlottenc.gov
4. Agent/Consultant (if applicable)
4a. Name:
D. David Homans
4b. Business Name:
S&ME Inc.
4c.Address
Street Address
2016 Ayrsley Town Blvd. Suite 2A
Address Line 2
city
Charlotte
Postal / Zip Code
28273
4d. Telephone Number:
(704)900-9394
4f. Email Address:"`
dhomans@smeinc.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Charlotte
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
Mecklenburg
4e. Fax Number:
2a. Property Identification Number:
2b. Property size:
multiple storm water easements
1.4
2c. Project Address
Street Address
Westbourne Drive and Balfour Lane
Address Line 2
city
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28216
Mecklenburg
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Gum Branch
3b. Water Resources Classification of nearest receiving water:
WS-Iv
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011403
4. Project Description and History
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 site is located in a single family residential neighborhood with aging storm water infrastructure. Current habitats within project work areas are residential yards and lightly
forested riparian areas. General land use within the project area is single family residential.
a
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:
651
4h. Explain the purpose of the proposed project:*
The purpose of the project is to upgrade and repair existing undersized, perched, and degraded storm water infrastructure with structures that are compliant with current engineering
requirements. Channel stabilization is also proposed for an unstable section of channel that is actively eroding. Upgrades will address roadway flooding concerns, reduce the risk of further
channel erosion associated with culvert outfalls, and improve channel conditions in channels that are currently experiencing excessive erosion.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
SEE ATTACHED COVER LETTER. The project will involve numerous stormwater infrastructure and channel improvements across approximately 1.4 acres of work areas. Project work
includes culvert upgrades and replacements, installation of headwalls and riprap aprons, and stabilization of channels with plunge pool and rock step grade transitions. Additionally, an
area of bank stabilization using vegetated geogrid soil lifts in conjunction with a rock -armored bank toe is proposed. Temporary impacts will also be required for the installation of pump -
around measures so that work can be performed in the dry. Typical construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
A delineation was performed by CSWS personnel in 2019. The delineation was confirmed by CSWS
in October 2023
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): Helen Simonson / Noah Meador
Agency/Consultant Company: Charlotte -Mecklenburg Storm Water Services
Other:
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?
N/A
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
v
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*
g1
Bank grading / tie in
Temporary
Bank Stabilization J
Stream A
Perennial
Both
10
30
Averege (feet)
(linear feet)
S2
Riprap apron
Permanent
Rip Rap Fill
Stream A
Perennial
Both
10
10
Average (feet)
(linear feet)
S3
Riprap apron in existing
Temporary
Rip Rap Fill
Stream A
Perennial
Both
10
10
riprapped area
Averege (feat)
(linear feet)
S4
Culverting of exposed
Permanent
Culvert
Stream A
Perennial
Both
10
riprapped channel
Average (feet)
(linear feet)
S5
Minor bank grading for
Temporary
Bank Stabilization
Stream A
Perennial
Both
10
20
headwall installation
Averege (feet)
(linear feet)
S6
Temporary bypass pump-
Temporary
Dewatering
Stream A
Perennial
Both
10
20
around installation
Average(feet)
(linearfeet)
g�
Bank grading and matting
Temporary
Bank Stabilization
Stream A
Intermittent
Both
10
10
and temporary pump -around
Averege (feet)
(linearfeet)
installation
gg
Installation of new riprap
Permanent
Rip Rap Fill
Stream A
Intermittent
Both
10
28
apron
Averege (feet)
(linearfeet)
S9
Installation of geogrid lift with
Permanent
Bank Stabilization
Stream A
Perennial
Both
10
209
rock toe
Averege (feet)
(linear feet)
S10
Installation of geogrid lift with
Permanent
Bank Stabilization
Stream A
Perennial
Both
10
184
rock toe
Averege (feet)
(linear feet)
S11
Installation of geogrid lift with
Permanent
Bank Stabilization
Stream A
Perennial
Both
10
rock toe
Averege (feel)
(linear feet)
�2�Riprap
apron
Permanent
Rip Rap Fill
ftream
Perennial
Both
10
10
Average (feet)
(linearfeet)
S13
Riprap apron in existing
Temporary
Rip Rap Fill
Stream A
Perennial
Both
10
10
riprapped area
Averege (feet)
(linearfeet)
S14
Bank grading for tie-in for
Temporary
Bank Stabilization
Stream A
Perennial
Both
10
10
new headwall installation
Average (teet)
(linearfeet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
446
3i. Total stream and ditch impacts:
556
3j. Comments:
SEE COVER LETTER FOR FURTHER DISCUSSION
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
110
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project was designed to reduce flood and erosion risk and improve bank conditions while minimizing the disturbance to adjacent areas. Though
space constraints and the severity of channel erosion precluded the use of natural channel design stabilization, the vegetated geogrid soil lift with rock
toe stabilization method proposed uses natural design principles to the extent practicable while still armoring the channel toe in a way that is likely to
prevent future erosion. Riprap dissipator aprons were limited to the minimum extent necessary to meet design standards and were primarily located in
areas that had already been impacted by riprap fill. Culverting of open channel was limited to only one very small area of riprap filled channel with little to
no functional habitat value. Additionally, changes to the structures of larger culverts were made to maximize aquatic life passage, such as the inclusion
of internal culvert baffles to establish a consistent baseflow channel and maintain a natural substrate bed within in the culvert.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
During construction, appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual' will be used to minimize impacts to the stream. Temporary coffer dams and a pump around
will be used so that work will occur "in -the -dry", and the pump around has been designed to minimize impact to adjacent areas. Tree protection will be
used to avoid impacts to trees that are not required to be cut within the project area.
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:
The proposed project results in significantly less than 150 LF of permanent loss of stream bed, the threshold of impact typically requiring mitigation. Additionally, project activities have
been designed to improve the stability and functional value of the channel undergoing bank stabilization. As such, no additional compensatory mitigation should be required for this project.
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:
Riparian buffer regulations do not apply to Catawba River tributaries
O
O
2. Stormwater Management Plan
2a. Is this a NC DOT 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:
The proposed project is a storm drainage improvement project being undertaken by the local storm water management authority and is designed to mitigate storm water flows.
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 is undertaken by the local storm water authority and is exempt from SEPA requirements.
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.
Project is designed to repair existing infrastructure, and will not result in additional development.
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 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?
Field review / NCNHP / USFWS IPaC. SEE ATTACHED COVER 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?
NOAA essential fish habitat mapper: https://www.habitat.noaa.gov/apps/efhmapper/
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 HPOWeb mapper- SEE COVER LETTER
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?"
National Flood Hazard Data Layer (NFHL) see Figure 3.
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
WestbournePCNCoverLetter.pdf 25.8MB
File must be PDF or KMZ
Comments
SEE ATTACHED COVER LETTER FOR FURTHER DESCRIPTION OF IMPACTS AND ADDITIONAL REGULATORY CONCERNS AS THEY PERTAIN TO THE RGP
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:
D. David Homans
Signature
�d iL--,C-
Date
1/4/2024
8