HomeMy WebLinkAbout20240461 Ver 1_ePCN Application_202403251 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.
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# *
202406738 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Mary Plummer:mary.plummer
Information for Initial Review
la. Name of project:
Greylock Ridge Road Extension
1a. Who is the Primary Contact?*
Joel Howard - NCDOT Division 10 PDEA Engineer
1b. Primary Contact Email: *
jmhoward@ncdot.gov
Date Submitted
3/25/2024
Nearest Body of Water
UT to Fourmile Creek (Stream Index No. 11-137-9-4)
Basin
Catawba
Water Classification
Class C
Site Coordinates
Latitude:
35.108322
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:
-80.711514
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
1c. Primary Contact Phone:*
(704)983-4400
O
Is this project a public transportation project?*
Yes No
Is this a NCDOT Project?*
Yes No
(NCDOT only) T.I.P. or state project number:
HL-0025
WBS # (?)
49490.1.1
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: 14 - Linear transportation
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
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:
N/A
2b. Deed book and page no.:
2c. Contact Person:
NA
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
716 W Main St.
Address Line 2
City
Albemarle
Postal / Zip Code
28001
2e. Telephone Number:
(704)983-4400
2g. Email Address:*
jmhoward@ncdot.gov
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(If appropriate)
1c. Nearest municipality I town:
Matthews, NC
2. Project Identification
2a. Property Identification Number
2c. Project Address
Street Address
Address Line 2
city
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT to Fourmile Creek (Stream Index No. 11-137-9-4)
3b. Water Resources Classification of nearest receiving water:
Class 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.
HUC-030501030105
4. Project Description and History
State / Province / Region
NC
Country
United States
2f. Fax Number:
(704)982-3146
2b. Property size:
State / Province / Region
Country
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: *
Greylock Ridge Road Extension, from East John Street (SR 1009) to Tank Town Road (SR 3453). The project is included in the 2024-2033 State Transportation Improvement Program;
right of way acquisition is currently underway and construction is scheduled to begin in state fiscal year 2025. A two-lane facility is planned and will include a 5' sidewalk on the north side
and a 10' multiuse side path on the south side. On -street parking will be provided along certain sections of the facility.
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:
0.21 acres
4g. List the total estimated linear feet of all existing streams on the property:
0 linear ft
4h. Explain the purpose of the proposed project: *
The purpose of this project is to reduce travel time and improve the circuitous traffic route for east -west travel between E. John Street and Tank Town Road, including the Sportsplex/Family
Entertainment District. The project will provide service for vehicular, pedestrian, and bicycle modes of travel.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project will consist of using heavy construction equipment to clear, grade, and haul soils and road construction materials for the proposed roadway. Appropriate sediment and erosion
control structures measures will be used during project construction.
L
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No Unknown
Comments:
Stream and Wetland Features delineated on 02/21/2022.
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-2022-00623
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Eric Black and Ashley Abdel-Hadi
Agency/Consultant Company: Kisinger Campo & Associates
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Preliminary Jurisdictional Determination (PJD) approved on May 15, 2023.
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?
The proposed project is not phased; No additional permits are anticipated.
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
n
0
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
29• Impact
(?)
area *
Fill
P
Small -Basin Wetland
WC
Yes
Both
0(.010
(acres)
acm
Fill
P
Headwater Forest
WB
I
Yes
Both
J
0.010
(acres)
Fill
P
Headwater Forest
WB
Yes
Both J�::::]
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0,150
2g. Total Wetland Impact
0.150
2i. Comments:
The proposed wetland impacts are unavoidable due to existing topography; the alignment of an existing paved greenway has been utilized.
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:
The location of the alignment was based on existing ROW limits to minimize areas of acquisition. Due to the presence of environmental features, the
alignment was not placed further south to minimize impacts. Additionally, based on site topography, existing hydrology was maintained to limit
disturbance.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction equipment will not be stored in streams and/or wetland areas; appropriate sediment and control measures will be used to minimize any
further impacts to potential Waters of the US.
0
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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
0
4d. Buffer mitigation requested (DWR only):
(square feet)
0
4f. Non -riparian wetland mitigation requested
0.01
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.14
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
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 proposed project occurs within the Catawba River Basin; however, the Catawba River buffer protection and maintenance rules ONLY apply to the Catawba River mainstem below
Lake James and along mainstem lakes from and including Lake James to the North Carolina and South Carolina border in the Catawba River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
Yes No
Comments:
All storm water control measures will comply with NCDOT NPDES permit NC S000250 as required.
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:*
The proposed project falls below the minimum criteria for required North Carolina SEPA document. A Minimum Criteria Determination Checklist (MCDC)
was prepared.
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
u
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.
Per Minimum Criteria Determination Checklist (MCDC): Part B: Minimum Criteria Exceptions: The proposed project has been determined not to have
secondary impacts or cumulative impacts that may result in a significant adverse impact to human health or the environment.
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?
NC Natural Heritage Program Database (2/24/2022); Field Surveys for Schweinitz's sunflower, smooth coneflower and Michaux's sumac revealed no
federally listed plants within the study area (September 12, 2022). NCDOT Biological Survey Group Section 7 Survey Reviews (3/24/2022 and
3/28/2022) revealed that proposed project area is outside the range of the Carolina heelsplitter and Atlantic pigtoe mussels. Additionally, the NCDOT
Biological Surveys Group indicated via email October 5, 2022, the service area for NCDOT Division 10 is no longer in the Northern Long Eared Bat
(NLEB) consultation range.
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 Habitat Mapper for South Atlantic; https://www.habitat.noaa.gov/apps/efhmapper/efhreporU
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? *
See MCDC Document: A 11/30/2021 NCDOT review of the National Register of Historic Places (NRHP) indicated there are no existing NRHP eligible
archaeological sites within the project APE. NCDOT's Architectural History Group determined no Historic Properties are affected related to Historic
Architecture and Landscapes on May 18, 2023.
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?
FEMA Flood Services Map #3710448900K.
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
HL-0025_Permit Application_Supporting Data_20240322.1.pdf 47.22MB
File must be PDF or KMZ
Comments
Additional Cultural Resources Support Information:
Section 106 of the National Historic Preservation Act: Corps representative Stephen Brumagin determined the Masonic Lodge property is outside of the HL-0025 permit area (via May 15,
2023 e-mail). Therefore, no further evaluation of the Masonic Lodge property is required relative to Section 106.
Coordination relative to the Masonic Lodge's designation as a local landmark (this is administered by the Charlotte -Mecklenburg Historic Landmarks Commission as authorized by state
law): A Certificate of Appropriateness was issued by the Charlotte -Mecklenburg Historic Landmarks Commission on 10/10/2023; therefore, the project is in compliance with this
requirement.
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:
Joel M. Howard
Signature
,IGEL M. or -AAA
Date
3/25/2024
8