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HomeMy WebLinkAbout20240513 Ver 1_ePCN Application_20240404DW 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# * 20240513 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review la. Name of project: Prosperity Church Road Improvements la. Who is the Primary Contact?* Carlos Alzate 1b. Primary Contact Email:* carlos.alzate@charlottenc.gov Date Submitted 4/4/2024 Nearest Body of Water Clarks Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.376352 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: -80.785248 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Mary Plummer:mary.plummer 1c. Primary Contact Phone:* (704)534-3775 $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: NWP Numbers (for multiple NWPS): 14 - Linear transportation 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization 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: Yes No For the record only for Corps Permit: Yes No 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: City of Charlotte (Purchased Rights of Way) 2b. Deed book and page no.: 2c. Contact Person: Carlos Alzate 2d.Address Street Address 600 E. Fourth St. Address Line 2 City State / Province / Region Charlotte NC Postal/Zip Code Country 28202 USA 2e. Telephone Number: (704)517-0814 2g. Email Address:* carlos.alzate@charlottenc.gov 4. Agent/Consultant (if applicable) 4a. Name: David Homans 4b. Business Name: SSME 4c.Address Street Address 2016 Ayrsley Town Blvd., Suite 2-A 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 2a. Property Identification Number: City ROW 2c. Project Address Street Address Prosperity Church Rd. Address Line 2 City Charlotte Postal / Zip Code 28269 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Clarks Creek 3b. Water Resources Classification of nearest receiving water: C 3c. What river basin(s) is your project located it * Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 0304010501 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 3.9 State / Province / Region NC Country USA 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 includes sections of the following roads and the adjacent roadside clearings: Prosperity Church Road, Prosperity Ridge Road, Nada Park Circle, Butner Trail Lane, and Nada Park Road. The project extends from Benfield Road to Cooper Glen Drive. Areas adjacent to the roads include well maintained roadsides and lawns. The vicinity of the project consists of densely populated residential developments and mixed use developments. O 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: 0.058 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* The proposed project involves the conversion of the intersection of Prosperity Church Rd. and Prosperity Ridge Rd. to a roundabout and the installation of a sidewalk along Prosperity Church Road. Additionally, modifications to the adjacent sanitary and storm sewer infrastructure are proposed. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed project will require impacts to Wetland WA. Approximately 0.048 ac. of wetland is proposed for impacts. Impact W1 includes approximately 0.048 ac. of permanent impacts to Wetland WA. Construction equipment to be used includes standard grading and paving equipment. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Unknown Comments: PJD package included with this submittal 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): David Homans Agency/Consultant Company: S&ME 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? This is not a phased 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 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. * 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * ?) �2g. Impact area * WA grading and installation of new sidewalk P F-p Wetland WA No Both 0.048 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.048 2i. Comments: E. Impact Justification and Mitigation 2g. Total Permanent Wetland Impact 0.048 Q 1. Avoidance and Minimization 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 while minimizing the disturbance to adjacent areas. 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 any off -site waters. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All disturbed areas will be seeded and mulched to permanently stabilize exposed slopes. Areas where runoff concentrates or areas where vegetation is hard to establishes will be covered with a matting consisting of 70 % straw and 30 % coconut. A proposed headwall is to be constructed at the existing culvert outlet from which the wetland was created. 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: Impacts are below the mitigation requirements for wetlands. 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 Yadkin Pee -Dee River Basin is not included in the NC Riparian Buffer Protection Rules. 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Charlotte Comments: G. Supplementary Information 1. Environmental Documentation No 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:* Impacts are below the thresholds requiring NEPA review 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) u 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 is not a phased project. It is located in a fully built out area and will not encourage increased 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 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 Unknown 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? IPAC, NCNHP, Field survey. Protected species report provided to USFWS for review on 3/19/2024. Response has not been recieved. 6. Essential Fish Habitat (Corps Requirement) Ga. 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 Map 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 HPO Buffer Map, Field survey 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 Map 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 flies here to attach document ProperityChurchRoadPCNCoverLetter.pdf 35.52MB File must be PDF or KMZ Comments FOR FURTHER DISCUSSION, PLEASE SEE ATTACHED COVER LETTER. Signature 0 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 Date 4/4/2024