20240366 Ver 1_ePCN Application_20240229

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# *
20240366 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
1a. Name of project:
Yoruk-Litchfield Stream Stabilization
la. Who is the Primary Contact?*
Taylor Kiker
1b. Primary Contact Email:*
Taylor. [e-mail]
Date Submitted
2/29/2024
Nearest Body of Water
UT to McMullen Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.1870523
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
Longitude:
-80.7892577
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Andrew Pitner:andrew.pitner
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
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: 13 - Bank Stabilization
Nationwide Permit (NWP) Number: 27 - Restoration
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
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
fig. 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)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
N/A - Multiple
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
N/A
Address Line 2
City
NA
Postal / Zip Code
NA
401 Water Quality Certification - Express
Riparian Buffer Authorization
Stale / Province / Region
NA
Country
NA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Charlotte Water (POC: Samuel Wally)
3b. Business Name:
3c. Address
Street Address
5100 Brookshire Blvd
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28216
United States
3d. Telephone Number: 3e. Fax 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 S Tryon Street
Address Line 2
Suite 200
city
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28202
United States
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
Taylor. Ki [e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Charlotte
2. Project Identification
2a. Property Identification Number:
2b. Property size:
N/A
0.78
2c. Project Address
Street Address
Address Line 2
City
State / Province / Region
Postal / Zip Code
Country
Q
3. Surface Waters

3a. Name of the nearest body of water to proposed project:"
UT to McMullen Creek
3b. Water Resources Classification of nearest receiving water:"
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030106
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 area is situated west of Litchfield Road in Charlotte, Mecklenburg County, North Carolina. Existing land use in the vicinity of the project includes single-family residences,
sanitary sewer easement, and forested riparian corridors. The project area consists of an unnamed tributary (UT) to McMullen Creek.
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:
785
4h. Explain the purpose of the proposed project:
The purpose of the project is to replace a terracotta sanitary sewer line that runs along the left bank of the UT. The existing sanitary sewer line is located in such a way that the stream
channel poses a threat to the integrity of the existing infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
To meet the goals and objectives of the project, authorization is requested under NWP #13 for 742 LF of permanent impacts
to non -wetland waters of the US (WOTUS). Authorization is also requested under NWP #27 for 228 LF/0.02-ac of permanent
impacts to non -wetland WOTUS. These stream impacts will result in net increases in aquatic resource functions and services.
General construction equipment including 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 O 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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
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?
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

3a. Reason for impact ()
3b.lmpact type*
3c. Type of impact"
3d. S. name*
F. Stream Type*
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
length'
S1
Impact 1 - S1
Permanent
Bank Stabilization
Stream 1
Perennial
Both
430
Averege (feet)
(linear feet)
S2
Impact 2 - S1
P
Permanent
Rip Rap Fill
P P
Stream 1
Perennial
Both
5
101
Averege (feet)
(linear feet)
S3
Impact 3 - S1
Permanent
Bank Stabilization J
Stream 1
Perennial
Both
5
312
Average (feet)
(linear feet)
S4
Impact 4 - S1
Permanent
Rip Rap Fill
Stream 1
Perennial
Both
5
127
Averege (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
970
3i. Total stream and ditch impacts:
970
31. Total temporary stream impacts:
3j. Comments:
The overall project proposes to complete a repair on sanitary sewer infrastructure and to stabilize the impacted stream channel.
The proposed project seeks authorization under NWP #13 for stream impacts associated with bank stabilization. Impacts to the stream are proposed at
two (2) impact sites:
• Impact 1: 430 linear feet (LF) of permanent impacts to Stream 1 results from the stabilization of the left (east) bank. Stabilization techniques will include
the installation of rock toe protection along the bank, as well as restoring the grade to 2:1 or flatter and using coir matting with seed and straw.
• Impact 3: 312 LF of permanent impacts to Stream 1 results from the stabilization to the left (east) bank. Stabilization techniques will include the
installation of rock toe protection along the bank as well as restoring the grade to 2:1 or flatter and using coir matting with seed and straw.
The proposed project seeks authorization under NWP #27 for stream impacts associated with stream
restoration. Impacts to the stream are proposed at two (2) impact sites:
• Impact 2: 101 LF/0.01-ac of permanent impacts to Stream 1 results from the installation of five (5)
constructed riffles.
• Impact 4: 127 LF/0.01-ac of permanent impacts to Stream 1 results from the installation of six (6)
constructed riffles.
To meet the goals and objectives of the project, authorization is requested under NWP #13 for 742 LF of permanent impacts to non -wetland waters of
the US (WOTUS). Authorization is also requested under NWP #27 for 228 LF/0.02-ac of permanent impacts to non -wetland WOTUS. These stream
impacts will result in net increases in aquatic resource functions and services.
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:
All impacts are associated with stream stabilization activities and will follow specific protocols.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts have been avoided and minimized to the extent practicable and have been limited to what is necessary to accomplish the purpose and goals of
the project. To prevent downstream sedimentation, construction will be conducted in the dry through the use of a pumped diversion. Temporary
disturbances, including erosion and sediment control measures within the project area will be removed and the original grade restored upon completion
of the project. Banks temporarily affected by maintenance work will be matted, re -seeded, and restored to stable bank conditions.
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:
Compensatory mitigation is not required for NWP #13 or #27.
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 does not include and is not adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
O
O

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:
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 utilizes local funds, and does not use federal or state land.
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.
This project is not anticipated to result in additional development which could impact nearby downstream water quality.
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 data review was conducted using North Carolina Natural Heritage Program (NCNHP) Data Explorer on January 29, 2024, to determine the presence
of any federally -listed, candidate endangered, threatened species, or critical habitat located within the project area. Based on the NCNHP review, there
are no records of federally -protected species within the project limits or within a mile of the project site. A copy of the data review report is attached.
Kimley-Horn conducted a survey of listed species within areas of potentially suitable habitat on October 24, 2023. No individuals were observed. A
concurrence request has been submitted to USFWS Asheville office and is pending as of the date of this PCN submittal. The concurrence response will
be provided as soon as it is received.
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?
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on February 19, 2024. No documented
architectural or historic sites of significance within the project boundary were identified.
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?
3710456200K, effective on 2/19/2014
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
_20230221_Yoruk Litchfield Stream Stabilization_PCN.pdf 21.99MB
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
O/Xot C) t
Date
2/29/2024
V