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HomeMy WebLinkAbout20240601 Ver 1_ePCN Application_20240422DW 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# * 20240601 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 1a. Name of project: Parview Drive South Minor Project la. Who is the Primary Contact?* Donna Hood 1b. Primary Contact Email:* 1c. Primary Contact Phone:* Donna. Hood@charlottenc.gov (980)279-7360 Date Submitted 4/22/2024 Nearest Body of Water Carmel Lake / McAlpine Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.099042-80.812036 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 401 Water Quality Certification - Express Riparian Buffer Authorization 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 Storm Water Services 2b. Deed book and page no.: (owner of multiple storm drainage easements) 2c. Contact Person: Donna Hood 2d.Address Street Address 4100 W Tyvola Road Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28206 Mecklenburg Yes No Yes No 2e. Telephone Number: (980)279-7360 2g. Email Address:* Donna. Hood@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 easements 0.25 2c. Project Address Street Address 4910 Parview Drive South Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28226 Mecklenburg 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Carmel Lake / McAlpine 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. 030501030107 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: * Two undersized corrugated metal culvert crossings under Parview Drive South are in need of replacement. Erosion around the downstream culvert has led to significant embankment erosion that has caused unsafe conditions where the road surface has begun to fail and fall into the stream. The project is located in a densely populated neighborhood of single-family houses adjacent to a golf course. Habitat present within the project area primarily consists of maintained road areas bordered by partially maintained open wooded areas dominated by invasive species and planted ornamental species. 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: 98 4h. Explain the purpose of the proposed project:* Erosion around the downstream culvert has led to significant embankment erosion that has caused unsafe conditions where the road surface has begun to fail and fall into the stream. Because of adjacent topography and the culvert invert elevations, CSWS determined that replacement of both of these failed culverts with a new combined pipe system involving culverting a small section of open channel was necessary to prevent further damage to the embankments and to avoid potential washouts of the street in the future. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The two corrugated metal culverts will be removed and replace with four sections of 36" reinforced concrete pipe joined at drop inlets. Road embankment slopes will be filled and the ground surface will be filled to meet the inlet elevation of the new drop inlet in the section of the current channel that is being buried. Embankments will be matted and seeded. A pump around will be installed at the upstream end of the existing upstream culvert so that work can be conducted in the dry. Work will be conducted with standard construction equipment. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O Unknown Comments: JD conducted by CSWS and S&ME; PJD included with 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): Donna Hood (CSWS); Dave Homans (S&ME) Agency/Consultant Company: CSWS / 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? No additional permits will be used in conjunction with this project. The permitted status of recent stream piping work conducted immediately downstream of the project area is unknown; This PCN has been prepared under the assumption that this work is either temporary or unpermitted; impacts associated with this PCN are based on site conditions prior to this downstream piping. D. Proposed Impacts Inventory 1. Impacts Summary f a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries LJ Buffers Open Waters Pond Construction 3. Stream Impacts 0 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 ❑ M Jurisdiction* length* gf Construction of new pipe Permanent Culvert Stream S1 Intermittent Both 47 system Averge (feet) (linear feet) S2 riprap outfall apron Permanent Rip Rap Fill Stream S1 Intermittent Both 20 Average (feet) (linear feet) S3 pump around / construction Temporary Dewatering Stream S1 Intermittent Both disturbance ]�;;J�J 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 67 15 3i. Total stream and ditch impacts: 82 3j. Comments: All permanent impacts involve the loss of channel bed 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: The project was designed to reduce flood and erosion risk while minimizing the disturbance to adjacent areas. Culverting of open channel was limited to only one small area of channel with minimal functional habitat value. Construction of a pipe system that involved fill of this section of channel was only considered once it was determined that replacing the existing culverts individually in a manner that protects the roadway would require the construction of an extensive retaining wall and headwall that would be cost prohibitive and still result in significant impacts to this small portion of channel. The riprap dissipator apron was limited to the minimum extent necessary to meet design standards and is located in an area that is already impacted by riprap and recent fill from the downstream landowner. Culverting of open channel was limited to only one small area of riprap filled channel with little to no functional habitat value. 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: Impacts are below typical thresholds requiring mitigation. 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: Project is not in basin with buffer protections 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: Project is being undertaken by the delegated local storm water agency for the management of storm water. 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 exempt from NEPA/SEPA 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 O L O 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 for the repair and upgrade of existing storm water infrastructure to meet current engineering standards. 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 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? North Carolina Natural Heritage Program Data Explorer / USFWS iPAC / Field assessment of habitat. SEE ATTACHED COVER LETTER / APPENDIX III 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?" North Carolina State Historic Preservation Office INC SHPO) SEE ATTACHED COVER LETTER (APPENDIX IV) 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 National Flood Hazard Data Layer (NFHL) SEE FIGURE 2 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 Parview Drive PCN.pdf 9.98MB File must be PDF or KMZ Comments SEE ATTACHED COVER LETTER FOR ADDITIONAL DETAILS / EXHIBITS Signature 0 p 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 in c O O Date 4/22/2024