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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