20090547 Ver 3_401 Application_20180118

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WILDLANDS
January 23, 2018
Ms. Karen Higgins
North Carolina Department of Environmental Quality (NCDEQ)
Division of Water Resources, 401 & Buffer Permitting Unit
512 Salisbury St.
Archdale Building — 9th Floor
Raleigh, North Carolina 27699-1617
�cc`7U3�
Subject: Reissuance Request of Water Quality Certification No. 4134
Briar Creek Enhancement: Randolph Road to Providence Road and
Briar Creek Greenway: Randolph to Meadowbrook (DWR #09-0547V2)
Charlotte, North Carolina
Dear Ms. Higgins:
1nCC�C by �G,
uu ANN 2 4 2018
Wildlands is requesting the water quality certification (DWR #09-0547V2) for the Briar Creek
Enhancement project be reissued to allow the completion of construction which will not be finished
prior to the March 2018 expiration of the current water quality certification and corresponding
Nationwide (404) permit. The project is located approximately 3 miles southeast of uptown Charlotte
between Randolph Road and Providence Road. The habitat and water quality improvement project
propose to enhance approximately 6,700 linear feet (LF) of Briar Creek and restore 930 LF of the
Museum Drive Tributary. As part of the current permitted project, a greenway trail is also being
constructed between Randolph and Meadowbrook Road. Project construction was delayed by easement
acquisition and design coordination necessary between multiple project sponsors. Construction is
underway and expected to be complete by June 2018. Project impacts referenced in the Pre -
Construction Notification (PCN) submitted in April 2015 remain unchanged (see Table 1 for impact
summary). Two copies of the updated PCN are included with this submittal.
Table 1: PCN Impact Summary Table
Jurisdictional
Feature
(Perennial/
Intermittent)
Impact Type
NWP
Temporary Impact
(LF/Ac)
Permanent Impact
(LF/Ac)
Enhancement through
bank grading, floodplain
bench excavation,
Briar Creek
installation of in -stream
(perennial)
structures, native buffer
27
7,011 LF
establishment, and
invasive species
management.
Stream restoration
Museum Drive
involving the construction
Tributary
of a new floodplain and
27
613 LF
(perennial)
new channel dimension,
pattern, and profile.
W Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203

Jurisdictional
Feature
Impact Type
NWP
Temporary Impact
Permanent Impact
(Perennial/
(LF/Ac)
(LF/Ac)
Intermittent)
UT2
Bank grading for tie-in
(perennial)
purposes to Briar Creek.
27
36 LF
UT3
Bank grading for tie-in
(perennial)
purposes to Briar Creek.
27
25 LF
UT4
Bank grading for tie-in
(perennial)
purposes to Briar Creek.
27
40 LF
Installation of culvert pipe
Wetland AA
for proposed greenway
14
0.01 AC
trail crossing.
Total
Temporary
7,112 LF
Impacts
Total
0.01 acre and
Permanent
613 LF
Impacts
Please do not hesitate to contact me at 704-332-7754 or at [e-mail] should you
have any questions.
Sincerely,
Ian Eckardt
Environmental Scientist

O�O� W A TF'y
>
a
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: Nos. 14 & 27 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Briar Creek Enhancement — Randolph Rd. to Providence Rd.
2b. County:
Mecklenburg
2c. Nearest municipality / town:
Charlotte
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Property with proposed conservation easement:
Mecklenburg County
3b. Deed Book and Page No.
DB: 9276 PN: 437
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
600 East Fourth Street, 11th Floor
3e. City, state, zip:
Charlotte, NC, 28202-2816
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 13
PCN Form —Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: local government agency
4b. Name:
Brian Sikes
4c. Business name
(if applicable):
Charlotte-Mecklenburg Storm Water Services
4d. Street address:
2145 Suttle Ave.
4e. City, state, zip:
Charlotte, NC, 28208-5237
4f. Telephone no.:
980-314-3227
4g. Fax no.:
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Ian Eckardt
5b. Business name
(if applicable):
Wildlands Engineering, Inc.
5c. Street address:
1430 South Mint Street, Suite 104
5d. City, state, zip:
Charlotte, NC 28203
5e. Telephone no.:
704-332-7754
5f. Fax no.:
704-332-3306
5g. Email address:
[e-mail]
Page 2 of 13

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Property with proposed conservation easement:
15515103
1 b. Site coordinates (in decimal degrees):
Latitude: 35.197597 Longitude: -80.811992
1 c. Property size:
N/A linear project 7,725 linear feet
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Briar Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Catawba 03050103
3. Project Description
3a. 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 is located in an urbanized, fully developed area of the city of Charlotte. Land uses adjacent to the project
limits of Briar Creek are a combination of commercial and residential developments. The Museum Drive Tributary flows
through Eastover Park adjacent to the Mint Museum and is surrounded by residential homes and small wooded areas.
3b. List the total estimated acreage of all existing wetlands on the property:
Total wetlands include 0.02 acre within the corridor of the proposed greenway trail.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 7,725 linear feet within the project corridor.
3d. Explain the purpose of the proposed project:.
The primary goal for the project is to reclaim the natural and beneficial functions of the floodplain and stream channel
within Briar Creek and Museum Drive Tributary. Additionally, a greenway trail will be constructed along Briar Creek for
public recreation.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project proposes stream enhancement along Briar Creek between Randolph Road and Providence Road.
Enhancement activities include bank grading, floodplain bench excavation, installation of in-stream structures, native
buffer establishment, and invasive species management. Priority 2 stream restoration is proposed for the Museum Drive
Tributary which would involve excavating a new floodplain and restoring the dimension, pattern, and profile to the channel
in the newly constructed floodplain. This channel would also be planted with native riparian species. A trackhoe will be
used for in-stream work. A paved greenway trail is also planned along Briar Creek.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments: A Jurisdictional Determination (JD) was issued
with the previously issued 404 Permit (SAW-2009-01033).
4b. If the Corps made the jurisdictional determination, what type
® Preliminary ❑ Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Wildlands Engineering,
Inc.
Name (if known): Ian Eckardt
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 13
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
S. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
The project was originally taken through 90% design and permitted in 2009 but not constructed (USACE Action ID 2009-
010333 and NCDWR# 09-08247). The project was re -permitted in 2015 (USACE Action ID 2009-01033 and NCDWR#
09-0547V2) however construction was delayed by easement acquisition and design coordination necessary between
multiple project sponsors. As a result construction will extend beyond the current permits which expire on 3/18/18.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 13

C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ® P [--IT
Culvert
Bottomland
hardwood forest
❑ Yes
® No
® Corps
® DWQ
0.01
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.01
2h. Comments: A culvert will be put in a portion of Wetland A as part of the proposed greenway trail. Wetland A has been
classified as a bottomland hardwood forest because it's located within a wooded floodplain of a 2nd order or greater stream but
the wetland itself is a concave depression devoid of vegetation.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ®T
Enhancement
Briar Creek
® PER
❑ INT
® Corps
® DWQ
30
7,011
S2 ®P ❑ T
Restoration
Museum Drive
Tributary
® PER
❑ INT
® Corps
® DWQ
3
613
S3 ❑ POT
Tie-in bank
UT2
® PER
® Corps
12
36
grading
❑ INT
® DWQ
S4 ❑ P ® T
Tie-in bank
UT3
® PER
Z Corps
7
25
grading
❑ INT
® DWQ
S5 ❑ P ® T
Tie-in bank
UT4
® PER
® Corps
11
40
grading
❑ INT
® DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
7,725
3i. Comments: Impacts to the Museum Drive Tributary are considered permanent because stream restoration involves
constructing new channel dimension, pattern, and profile that will result in a net increase of 317 linear feet of perennial
Page 5 of 13
PCN Form —Version 1.3 December 10, 2008 Version

channel.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivii ually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Tem ora T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 13

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below.
If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then
you MUST fill out Section D
of this form.
6a.
El Neuse
El Tar -Pamlico El Other:
Project is in which protected basin?
❑ Catawba
❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
61 ❑P❑T
[I Yes
❑ No
B2 ❑P❑T
El Yes
❑ No
B3 ❑ PEI T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 7 of 13

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project constitutes a positive impact, enhancing and restoring stream function and habitat by improving bed features
in the streams and establishing flood storage. Biodegradable coir fiber matting will be used to stabilize the newly graded
banks throughout the project corridor. The use of permanent matting has been reduced to 200 linear feet (200 bank
feet). This permanent matting will be used to stabilize the left bank between Briar Creek and the proposed Greenway
trail. The proposed greenway trail will cross the on-site jurisdictional wetland at a near perpendicular angle in order to
reduce impacts; the crossings of Briar Creek and Museum Drive Tributary will utilize bridges spanning top -of -bank to top -
of -bank and will not result in any impacts to jurisdictional waters.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual.
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 yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 13
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 9 of 13

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
0.1 %
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed greenway trail will be the
only impervious new construction as a result of this project and will only increase impervious coverage of the entire
project corridor by less than 1 %.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b. Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 13
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
® Yes ❑ No
use of public (federal/state) land?
1 b. 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
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? '(If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This is a stream restoration and enhancement project and will not cause an increase in development nor will it negatively
impact downstream water quality. A portion of the project area will be placed under a permanent conservation easement.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 11 of 13
PCN Form — Version 1.3 December 10, 2008 Version

S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The USFWS and NCDENR Natural Heritage Program (NHP) databases was utilized to identify federally listed Threatened
and Endangered plant and animal species and Critical Habitat within for Mecklenburg County and within the project
corridor. A copy of the 2015 permitting package was sent to the USFWS Asheville Office to request additional
information on the project's effects on federally protected species and habitat. The USFWS responded that the project is
.not likely to adversely affect" on federally protected species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area Designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you rise to determine whether your site would impact Essential Fish Habitat?
Wildlands utilized the National Oceanic and Atmospheric Administration's (NOAA) Essential Fish Habitat Mapper website
to review the potential for Essential Fish Habitat (EFH). In North Carolina, EFH is limited to coastal counties which this
project is not located and includes salt marshes, oyster reefs, and seagrass.
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
® Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office (SHPO) was contacted regarding the presence historic properties or cultural
resources within the project corridor. Because of the projects proximity to the Eastover National Register Historic District,
a further review of the proposed project plans was performed by SHPO. It was determined that the proposed project
would have no adverse effects on the Eastover District.
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: A Floodplain Development Permit was obtained from Mecklenburg
County, a Cooperating Technical Partner with FEMA with authority to approve floodplain impacts. A no rise model was
performed to ensure that the project will not worsen 100 -year flood conditions at any location on Briar Creek.
8c. What source(s) did you use to make the floodplain determination? FIRM Panel 4552; Map Number 3710455200K,
effective date 2/19/2014
Brian Sikes
Applicant/Agent's Signature
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Date
Page 12 of 13