20240276 Ver 1_ePCN Application_20240215

DW 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# *
20240276 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Clarke Creek Greenway Phase A
la. Who is the Primary Contact?*
Taylor Kiker
1b. Primary Contact Email:*
Taylor. [e-mail]
Date Submitted
2/15/2024
Nearest Body of Water
Clarke Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.39456960
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cabarrus
Is this a NCDMS Project
Yes No
Longitude:
-80.7387917'
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Mary Plummer:mary.plummer
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
Is this project a public transportation project?*
Yes No

Is this a NCDOT 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:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
13 and 14
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
13 - Bank Stabilization
14 - Linear transportation
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
'Id. 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:
Multiple — Linear Project
2b. Deed book and page no.:
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
Multiple — Linear Project
Address Line 2
city
Concord
Postal / Zip Code
28025
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
George Berger
3b. Business Name:
The City of Concord
3c.Address
Street Address
35 Cabarrus Ave. W
Address Line 2
city
Concord
Postal / Zip Code
28025
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Taylor Kiker
4b. Business Name:
Kimley-Horn and Associates, Inc.
4c.Address
Street Address
200 South Tryon Street
Address Line 2
Sutie 200
City
Charlotte
Postal / Zip Code
28202
4d. Telephone Number:
[phone]
4f. Email Address:
Taylor. Ki [e-mail]
C. Proiect Information and Prior Proiect History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town
Concord
State / Province / Region
North Carolina
Country
USA
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
2. Project Identification

2a. Property Identification Number:
2b. Property size:
Multiple — Linear Project
21
2c. Project Address
Street Address
N/A
Address Line 2
N/A
City
State / Province / Region
Concord
North Carolina
Postal / Zip Code
Country
28027
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Clarke Creek
3b. Water Resources Classification of nearest receiving water:"
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.
030401050101
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: *
Clarke Creek Greenway Phase A is the initial phase of a proposed greenway project that spans approximately
1.5 miles along Clarke Creek. The study area evaluated for the proposed greenway is an approximately 21-
acrecorridor comprised of undeveloped forestland and a sanitary sewer easement. The project corridor is bound
by Cox Mill Elementary and undeveloped forestland to the east and single-family residences to the north, west,
and south.
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:
3.81
4g. List the total estimated linear feet of all existing streams on the property:
1,695
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide public access to a recreational greenway along Clarke Creek in
Cabarrus County, North Carolina.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project seeks to construct approximately 1.5 miles of greenway along Clarke Creek in Cabarrus
County, North Carolina. General construction equipment includes, but is not limited to, bulldozers, excavators,
front-end loaders, etc. will be used for construction purposes.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
The wetlands and streams within the project corridor were delineated by Kimley-Horn staff on July
20th and 24th, and September 7th, 26th, and 27th, 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): Taylor Kiker, Doug Fox
Agency/Consultant Company:
Other:
Kimley-Horn and Associates, Inc.
Unknown
6. Future Project Plans

6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
Clarke Creek Greenway Phase A is the initial phase of a proposed greenway project that will span approximately
5-miles adjacent to Clarke Creek in Cabarrus County, North Carolina.
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?
The timeline for the completion of the latter phases of this project have not been finalized. It is possible that
future authorization from the USACE will be required in order to complete the project.
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
2. Wetland Impacts
rki
2a1 Reason (?)
2b. Impact type* (?)
�2c. Type of W.
2d. W. name
2e. Forested"
2f. Type of Jurisdicition*
?)
2g• Impact
area *
Impact 1 —
Grading
P
Bottomland Hardwood Forest
Wetland 1a
Yes
Both
0.002
Wetland 1a
(acres)
Impact 2 —
Grading
P
Bottomland Hardwood Forest
Wetland 1c
Yes
Both
0.031
Wetland 1c
(acres)
Impact 3 —
Grading
P
ff-mland Hardwood Forest
Wetland 1e
Yes
Both
0.015
Wetland 1e
(acres)
Impact 4 —
Grading
P
Bottomland Hardwood Forest
Wetland 1g
Yes
Both
0.001
Wetland 1g
(acres)
Impact 5 —
Mechanized Clearing IT
Bottomland Hardwood Forest
Wetland 1i
Yes
Both
0.210
Wetland 1 i
(acres)
Impact 6 —
Mechanized Clearing
T
Bottomland Hardwood Forest
Wetland 1k
BothJ
JYes
L07Os)
2g. Total Temporary Wetland Impact
0.280
2g. Total Wetland Impact
0.329
2i. Comments:
2g. Total Permanent Wetland Impact
0.049
The proposed project seeks authorization under NWP 14 for wetland impacts associated with grading activities necessary to construct the greenway.
The proposed greenway will result in 7 single and complete project impact sites that are separate and distant:
• Impact 1: Wetland 1a
o 0.002-acre of permanent wetland impacts to Wetland 1a results from grading activities and placement of rip -rap.
• Impact 2: Wetland 1c
o 0.031-acre of permanent wetland impacts to Wetland 1c results from grading activities necessary to construct a proposed bridge crossing.
• Impact 3: Wetland 1e
o 0.015-acre of permanent wetland impacts to Wetland 1e results from grading activities necessary to construct the proposed greenway.
• Impact4: Wetland 1g
o 0.001-acre of permanent wetland impacts to Wetland 1g results from grading activities necessary to construct the proposed greenway.
• Impact 5: Wetland 1 i
o 0.21-acre of temporary wetland impacts to Wetland 1 i are necessary to perform the construction activities. Wetland hydrology will be enhanced
through the removal of the topsoil. A native wetland seed mix will be applied immediately following construction.
• Impact 6: Wetland 1 k
o 0.07-acre of temporary wetland impacts to Wetland 1 k are necessary to perform the construction activities. Wetland hydrology will be enhanced
through the removal of the topsoil. A native riparian seed mix will be applied immediately following construction.
3. Stream Impacts
F
S1
3a. Reason for impact (?)
Impact 1 — Stream 1
3b.lmpact type*
Permanent
3c. Type of impact*
Bank Stabilization J
3d. S. name *
Stream 1
3e. Stream Type*
?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
30
Average (feet)
3h. Impact
length*
58
(linear feet)
g2
Impact 7 —Stream 1
Permanent
Bank Stabilization J
Stream 1
Perennial
Both
30
Average (feet)
140
(linear feet)
3i. Total jurisdictional ditch impact in square feet:

3i. Total permanent stream impacts:
198
3i. Total temporary stream impacts:
3i. Total stream and ditch impacts:
198
3j. Comments:
The proposed project seeks authorization under NWP 13 for stream impacts associated with bank stabilization.
• Impact 1: Stream 1
o 58 LF of permanent impacts to Stream 1 (Clarke Creek) associated with rip -rap bank stabilization. Riprap will be pushed or "keyed" into the banks and
will not be placed in excess of the minimum needed for bank erosion protection.
• Impact 7: Stream 1
o 140 LF of permanent impacts to Stream 1 (Clarke Creek) associated with bank stabilization. The banks will be graded back to a sustainable slope and
planted with native riparian vegetation to reduce bank erosion.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Avoidance and minimization efforts were implemented during development planning and design to the greatest extent practicable to reduce the overall
impacts on the aquatic environment while staying within nationwide permit thresholds. The final plan demonstrates maximum avoidance and
minimization efforts by reducing the proposed stream and wetland impacts. The rationale to support avoidance and minimization efforts includes the
following:
• The crossings of Stream 1 will utilize bridges instead of box culverts to avoid impacts to the stream bed.
Permanent impacts associated with the construction of the bridges will be completely avoided by utilizing a timber -pile -supported boardwalk. The
boardwalk structures will be installed by implementing a top -down construction technique.
• Rip -rap associated with the bank stabilization at the crossing of Stream 1 will be pushed or "keyed" into the banks and will not be placed in excess of
the minimum needed for bank erosion protection.
• Temporary impacts have been minimized to the greatest extent practicable to meet the needs of the
project and do not pose adverse alterations to the existing wetlands. A native wetland seed mix will be applied immediately following construction to
establish a native wetland vegetative community and provide initial stabilization.
Avoidance of the remaining 3.76-acres of wetlands on -site.
• Avoidance of the remaining 1,367 LF of streams on -site.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Special care and consideration will be implemented, to the greatest extent practicable, in areas immediately adjacent to the creek in order to prevent
incidental fallback. Temporary erosion control measures, including but not limited to skimmer basins and silt fence, will be implemented to minimize
sediment laden runoff from exiting the site.
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 greenway does not exceed wetland and stream mitigation thresholds (0.05-ac of Wetland Impact
and 198 LF of Stream Impact); therefore, compensatory mitigation is not proposed.
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 proposed project will not occur within or adjacent to a protected riparian buffer.
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:
Linear public transportation projects are required to treat stormwater runoff to the Maximum Extent Practicable in
accordance with the practices described in the NCDOT Best Management Practices (BMP) Manual. Diffuse flow
will be implemented to provide proper drainage and water treatment.
G. Supplementary Information
O
O
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
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?
Yes No
Comments:*
The Categorical Exclusion has not been finalized by the state clearing house. A copy of the final approval letter can be provided upon request.
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.
Future phases of this project are not anticipated to have negative effects on downstream water quality.
Greenway projects typically do 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
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?
A review of the North Carolina Natural Heritage Program (NCNHP) database on October 25, 2023, did indicate known occurrences of threatened or
endangered species occurring within one mile of the project boundary. Kimley-Horn conducted pedestrian surveys for threatened and endangered
species within the project boundary on September 26 and 27, 2023. A concurrence request letter was submitted to the USFWS on December 8, 2023.
USFWS responded on December 29, 2023, and concurred with the MANLAA biological conclusion. USFWS considered "consultation [under Section 7
of the ESA] to be complete and require no further action at this time."
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?
NCNHP element occurrence database did not indicate the presence of EFH within the project boundary.

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? x
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on January 23, 2024. No documented
architectural or historic sites of significance within the project corridor were identified. A request letter was submitted to SHPO to determine the presence
of architectural or historic resources on January 23, 2024. At the time of this application, a response from NCSHPO has not been received.
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:
The proposed project will meet FEMA requirements through a Floodplain Development Permit and No -Impact Certification. The implementation of a
hydraulically equivalent compensatory storage area in the southern portion of the project corridor results in no increase in the 100-year base flood
elevation.
8c. What source(s) did you use to make the floodplain determination?"
FIRM Panels 4670, 4680
Miscellaneous
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
_2024_02_15_Clarke_Creek_PCN_PJD_FINAL.pdf 48.57MB
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:
Taylor Kiker
Signature
f%41-11t
Date
2/15/2024