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HomeMy WebLinkAbout20190732 Ver 1_Corps Copy_PCN_Complete_20190531Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folder Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: 2. Work Type: Private Institutional Government Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: 4. Property Owner / Applicant [PCN Form A3 or A4]: 5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]: 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 8. Project Location – Tax Parcel ID [PCN Form B1a]: 9. Project Location – County [PCN Form A2b]: 10. Project Location – Nearest Municipality or Town [PCN Form A2c]: 11. Project Information – Nearest Waterbody [PCN Form B2a]: 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Authorization: Section 10 Section 404 Section 10 and 404 Regulatory Action Type: Pre-Application Request Unauthorized Activity Compliance Standard Permit Nationwide Permit #29 Regional General Permit # Jurisdictional Determination Request No Permit Required Revised 20150602 NoDa Sugar Creek ✔ Brand Properties proposes to develop the subject property into a multi-family development. (Figure 1). NoDa Exchange LLC Chris Tinklenberg, PWS (Kimley-Horn) The subject property is located at 255 Matheson Ave., which is situated between Matheson Avenue and Cullman Avenue in the City of Charlotte, Mecklenburg County (Figure 1). Project Coordinates (Decimal Degrees): 35.247920 N, -80.812634 W. 08303115; 08302101 Mecklenburg Charlotte Little Sugar Creek Lower Catwaba (HUC 03050103) ✔ kimley-horn.com 200 South Tryon, Suite 200, Charlotte, NC 28202 704-333-5131 May 30, 2019 Mr. David Shaeffer Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Ms. Karen Higgins NC DWR, 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 Re: 404/401 Pre-Construction Notification (NWP #29) NoDa Sugar Creek – Brand Properties, LLC Charlotte, Mecklenburg County, NC Dear Mr. Shaeffer and Ms. Higgins: On behalf of our client, Brand Properties, LLC, Kimley-Horn (KH) is submitting the enclosed joint Section 404/401 Pre-construction Notification for the above referenced project for your review pursuant to a Nationwide Permit #29 and General 401 Water Quality Certification number 4139. This application is to request authorization for construction of a proposed multi-family development. The following information is included as part of this application submittal:  Project Summary Sheet  Agent Authorization Letter  Pre-Construction Notification Form  Permit Figures  Figure 1 – Vicinity  Figure 2 – USGS Topo (Charlotte East Quadrangle)  Figure 3 – NRCS Soils (2018 Meck. Co. Aerial)  Figure 4 – Existing Conditions (2018 Meck. Co. Aerial)  Figure 5 – Proposed Conditions (2018 Meck. Co. Aerial)  Permit Plans – NoDa Sugar Creek Site  Agency Correspondence PROJECT BACKGROUND The proposed project site is located at 255 Matheson Avenue, which is situated between Matheson Avenue and Cullman Avenue, in Charlotte, NC. The site is a primarily undeveloped 16-acre forested Page 2 kimley-horn.com 200 South Tryon, Suite 200, Charlotte, NC 28202 704-333-5131 tract and is bisected by Little Sugar Creek and a maintained power-transmission-line easement. It is bounded by commercial and industrial development to the east and south, and commercial development to the north and the west. Additionally, the southern boundary of the site borders a Norfolk Southern railroad easement, preventing the opportunity for access from the south. A Preliminary Jurisdictional Determination (PJD) request package was submitted on June 15, 2018 and field verified by Mr. David Shaeffer on August 31, 2018. The 404/401 (NWP #29) application presents site conditions evaluated by Kimley-Horn staff (Beth Reed, PWS and Addie Lasitter, WPIT) on June 6, 2018 as outlined in the PJD request. The PJD request package including applicable data forms, additional figures and photos is available upon your request. Development of the approximately 16-acre residential parcel will include four separate multi-story buildings consisting of 251 individual units, a leasing/amenity center, pool area/courtyard, and associated parking lots. Access into the site includes a single private driveway off Matheson Avenue and a bridge crossing over Little Sugar Creek connecting the disjointed site from north to south. AGENCY CORRESPONDENCE Cultural Resources Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on November 5, 2018 and found no sites of architectural, historic, or archaeological significance within or near the project boundary. Protected Species A review of the North Carolina Natural Heritage Program (NCNHP) database on November 5, 2018 did not indicate known occurrences of threatened or endangered species within the project boundary. Additionally, pedestrian surveys conducted by Kimley-Horn in August 2018 did not identify any occurrences of protected species within the property boundary. (See attached NCNHP Letter). PROPOSED IMPACTS TO JURISDICTIONAL WATERS The proposed project seeks to install a 175 lf, 30” reinforced concrete pipe (RCP) with flared end sections along Stream B. The culvert will be installed below the elevation of the stream bed by 20% of the culvert diameter to allow low flow passage of water and aquatic life. Rip-rap dissipation is proposed at the inlet and outlet of the proposed pipe to reduce discharge velocity and meet non- erosive design criteria. Both areas will be constructed using natural channel design techniques that include ensuring that the rip-rap is properly installed into the channel bed and placed in a fashion to ensure aquatic passage. The culvert installation and inlet/outlet protections will result in 204 lf of permanent stream impacts to non-wetland waters of the US. Installation of the culvert requires 40 lf of temporary stream impacts for the construction activities necessary to work in dry conditions. Page 3 kimley-horn.com 200 South Tryon, Suite 200, Charlotte, NC 28202 704-333-5131 Construction of a retaining wall and associated grading fill slopes necessary to facilitate construction on the northern portion of the property requires the relocation of a section of Stream B. The proposed stream relocation will result in 94 lf of permanent, no net loss impacts to non-wetland waters of the United States. Stream B will be relocated and rehabilitated to no less than current conditions. A relocation plan, utilizing natural channel design techniques, including in-stream structures (constructed riffles), appropriately designed pattern, profile and bank grading will be implemented in order to provide the appropriate aquatic uplift. Coir fiber matting will be installed, and a temporary seed mix will be applied immediately following construction to provide initial stabilization. A planting plan including the application of a permanent seed mix and planting native riparian live stakes and bare roots will be conducted to provide long-term stability. The stream relocation requires 20 lf of temporary stream impacts for the construction activities necessary to work in dry conditions. Additional impacts associated with the construction of the northern portion of the property include 0.18-ac of permanent impacts to Wetland B at two separate impact sites. 0.06-ac of temporary wetland impacts are necessary to facilitate construction of the retaining wall within Wetland B. Mud mats will be utilized over a portion of Wetland B to provide temporary construction access and prevent wetland soil disturbance, resulting in 0.06-ac of temporary wetland impacts. Construction access will be located within a temporary construction easement and is not part of the overall development. A temporary stream crossing over Little Sugar Creek is necessary to provide construction access to the southern portion of the property, prior to construction of the bridge. Timbers will be placed from top of bank to top of bank and will not result in temporary impacts below the ordinary high-water mark of Little Sugar Creek. Construction activities on the southern portion of the property include 0.06-ac of permanent wetland impacts to Wetland C from grading fill slopes necessary for construction of a pedestrian footpath. 0.04-ac of temporary wetland impacts are necessary to Wetland C to construct the retaining wall for the footpath. In total, the proposed development project seeks permanent impacts to 298 lf of non-wetland waters of the US and 0.24-ac of wetland-waters of the US. A total of 60 lf of temporary non- wetland waters of the US impacts are needed for construction activities necessary to work in dry conditions. 0.16-ac of temporary wetland impacts are necessary for construction access and construction of retaining walls. All temporary impacts will be restored to preconstruction conditions following completion of the activities. AVOIDANCE AND MINIMIZATION Avoidance and minimization efforts during development planning and design were implemented to the greatest extents practicable in order to reduce the overall impacts on the aquatic environment while staying within nationwide permit thresholds. Large retaining walls are proposed throughout the entirety of the site to eliminate fill slopes which would result in additional stream and wetland Page 4 kimley-horn.com 200 South Tryon, Suite 200, Charlotte, NC 28202 704-333-5131 impacts. Initial site layout and grading plans proposed over 600 lf of stream impacts and nearly 1- acre of wetland impacts. Through multiple iterations of siting and the implementation of retaining walls, the final plan demonstrates maximum minimization efforts by reducing the proposed stream and wetland impacts to 298 lf and 0.24-ac, respectively. Rationale to support avoidance and minimization efforts include the following:  Stream B – Impact 1 & Wetland B – Impact 3: One building, associated parking lot, public access road and bridge crossing over Little Sugar Creek (required to provide access to the southern portion of the property which is inaccessible) are all necessary to meet the needs of the proposed development on this portion of the property. There are no feasible alternatives which would avoid impacts to Stream B or Wetland B. The proposed layout minimizes impacts to Stream B and Wetland B by implementing 15 to 25-foot tall retaining walls around the north, east and southern boundaries of development footprint.  Stream B – Impact 5 & Wetland B – Impact 6: These impacts are necessary to facilitate the appropriate building footprint and access road. The design maximizes the available space to construct the facilities while minimizing impacts to aquatic features. In lieu of encapsulating Stream B through the retaining wall and fill slope via pipe, resulting in a total loss of stream function, the proposed project seeks to implement natural channel design techniques to shift the channel slightly south. Improvements to the bedform, pattern and profile of the channel seek to provide functional aquatic uplift over the existing condition and avoid additional loss of waters.  Wetland C – Impact 8: As part of the development plan and approvals by the City, the developer is required to construct a segment of the future Cross-Charlotte Trail. The future multi-use trail segment is adjacent to the private street situated on the southern portion of the property. Impacts to Wetland C are unavoidable due to this requirement, however, proposed impacts are minimized by replacing grading fill slopes with retaining wall. COMPENSATORY MITIGATION Compensatory mitigation will be met by the purchase of credits through the NC Division of Mitigation Services (NCDMS) in-lieu fee program. 298 lf of stream impacts will be mitigated through the purchase of stream mitigation credits. Based on an NCSAM assessment of intermittent Stream B, mitigation is proposed at a 1.5:1 ratio. Since the project is located within the Lower Catawba watershed (HUC 03050103), credits will be purchased at a 3:1 ratio; therefore, 894 SMUs will be purchased from NCDMS for impacts associated with the new development. 0.24-ac of wetland impacts will be mitigated through the purchase of wetland mitigation credits. Based on an NCWAM assessment of Wetlands B and C, mitigation is proposed at a 2:1 ratio. Wetland mitigation credits will be purchased at 4:1 based on the location of the project within the Lower Catawba watershed, therefore, 0.96 wetland credits will be purchased from NCDMS for wetland impacts. In total, 894 stream credits and 0.96 wetland credits will be purchased from NCDMS to provide the appropriate compensatory mitigation for this project. Page 5 kimley-horn.com 200 South Tryon, Suite 200, Charlotte, NC 28202 704-333-5131 Please feel free to contact me at (704) 409-1802 if you have any questions or if additional information is necessary. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Chris Tinklenberg, PWS Environmental Scientist Attachments Project Summary Sheet kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 Project Name: NoDa Sugar Creek Applicant Name and Address: Brand Properties 3328 Peachtree Road NE, Suite 100 Atlanta, GA 30326 Telephone Number: Type of Request: Nationwide PCN (NWP # 29) Individual Permit Application Jurisdictional Determination Other: Included Attachments: Project Plans USGS Map NRCS Soil Survey Agent Authorization Delineation Sketch Delineation Survey Data Forms (Up & Wet) NCDWR Stream Forms USACE Stream Forms NCDMS Confirmation Aerial Photo Site Photos Agency Correspondence Other: NCSAM Forms Other: NCWAM Forms Check if applicable: CAMA County Trout County Isolated Waters Section 7, ESA Section 106, NHPA EFH Mitigation Proposed ( NC EEP On-Site Off-Site Other) County: Mecklenburg Nearest City/Town: Charlotte Waterway: Little Sugar Creek River Basin: Catawba H.U.C.: 03050103 USGS Quad Name: Charlotte East Property Size (acres): 16.02 acres Approx. Size of Jurisdiction on Site (acres): 1.7 ac Site Coordinates (in decimal degrees): 35.247920 °N -80.812634 °W Project Location: The site consists of an approximate 16-acre mixed use tract located at 255 Matheson Avenue, which is situated between Matheson Avenue and Cullman Avenue, in Charlotte, Mecklenburg County. Site Description: The project area is currently undeveloped forest land. Existing land use in the vicinity of the project includes, industrial and commercial development, and undeveloped forested/maintained properties. Impact Summary (if applicable): The proposed project seeks to install a 175lf RCP resulting in 204lf of permanent stream impacts. A proposed stream relocation will result in 94lf of permanent stream impacts. The project requires 60lf of temporary stream impacts for the construction activities necessary to work in dry conditions in order to install the culvert and perform the stream relocation. Additionally, 0.24-ac of permanent wetland impacts will result from the construction of retaining walls and site grading. 0.16-ac of temporary wetland impacts are necessary for construction of retaining walls and temporary construction access. NWP # Open Water (acres) Wetland (acres) Stream Channel Intermittent and/or Unimportant Aquatic Function Perennial and/or Important Aquatic Function Temp. Perm. Temp. Perm. Temp. Perm. Temp. Perm. lf ac lf ac lf ac lf Ac 29 0.16 0.24 60 0.007 298 0.05 Total 0.16 0.24 60 0.007 298 0.05 Total Permanent (Loss) Impact to Waters of the U.S. 298 lf (0.32 ac) Kimley-Horn Contact: Chris Tinklenberg, PWS Direct Number: (704) 409-1802 Email: chris.tinklenberg@kimley-horn.com Dan Fitzpatrick 3328 Peachtree Road, NE, Suite 100, Atlanta, GA 30326 770-822-2090 July 12, 2018 Page 1 of 14 PCN Form – Version 1.3 December 10, 2008 Version 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 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. 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 1e. 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 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: NoDa Sugar Creek 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: BP Trail LLC / BP NODA LLC 3b. Deed Book and Page No. 33183 and 233, 239 3c. Responsible Party (for LLC if applicable): Dan Fitzpatrick 3d. Street address: 3328 Peach Tree Rd NE STE 100 3e. City, state, zip: Atlanta, GA, 30326 3f. Telephone no.: 770.822.2090 3g. Fax no.: 3h. Email address: dfitzpatrick@brandproperties.com Page 2 of 14 PCN Form – Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Chris Tinklenberg, PWS 5b. Business name (if applicable): Kimley-Horn and Associates 5c. Street address: 200 South Tryon Street, Suite 200 5d. City, state, zip: Charlotte, NC 28202 5e. Telephone no.: 704-409-1802 5f. Fax no.: 5g. Email address: Chris.Tinklenberg@kimley-horn.com Page 3 of 14 PCN Form – Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 06156005B 1b. Site coordinates (in decimal degrees): Latitude: 35.247920 Longitude: - 80.812634 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 16.02 acres (Project Boundary) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Little Sugar Creek 2b. Water Quality Classification of nearest receiving water: Little Sugar Creek - Class "C" 2c. River basin: Catawba; HUC 03050103 Page 4 of 14 PCN Form – Version 1.3 December 10, 2008 Version 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 area is located southeast of the intersection of North Tryon Street and Matheson Avenue, Mecklenburg County, North Carolina. The project area is currently undeveloped forest land. Existing land use in the vicinity of the project includes industrial development, commercial development, and undeveloped forested/maintained properties. 3b. List the total estimated acreage of all existing wetlands on the property: 1.33 ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: The total length of all on-site streams is approximately 1,994 linear feet. 3d. Explain the purpose of the proposed project: The purpose of the project to construct a new multi-family development including buildings, associated parking lots, pedestrian connections, and landscaping. 3e. Describe the overall project in detail, including the type of equipment to be used: The site consists of a roughly 16-acre tract located at 255 Matheson Avenue, which is situated between Matheson Avenue and Cullman Avenue, in Charlotte, Mecklenburg County. The project site is currently two (2) separate parcels; PIN’s: 08303150 and 08303151. The site is primarily wooded and bisected by a utility easement and Little Sugar Creek. Development of the approximately 16-acre residential parcel will include four separate multi-story buildings consisting of 251 individual units, a leasing/amenity center, pool area/courtyard, and associated parking lots. Access into the site includes a single private driveway off Matheson Avenue and a bridge crossing over Little Sugar Creek connecting the disjointed site from north to south. The proposed project seeks to install a 175 lf, 30” reinforced concrete pipe (RCP) with flared end sections along Stream B. The culvert will be installed below the elevation of the stream bed by 20% of the culvert diameter to allow low flow passage of water and aquatic life. Rip-rap dissipation is proposed at the inlet and outlet of the proposed pipe to reduce discharge velocity and meet non-erosive design criteria. Both areas will be constructed using natural channel design techniques that include ensuring that the rip-rap is properly installed into the channel bed and placed in a fashion to ensure aquatic passage. The culvert installation and inlet/outlet protections will result in 204 lf of permanent stream impacts to non-wetland waters of the US. Installation of the culvert requires 40 lf of temporary stream impacts for the construction activities necessary to work in dry conditions. Construction of a retaining wall and associated grading fill slopes necessary to facilitate construction on the northern portion of the property requires the relocation of a section of Stream B. The proposed stream relocation will result in 94 lf of permanent, no net loss impacts to non-wetland waters of the United States. Stream B will be relocated and rehabilitated to no less than current conditions. A relocation plan, utilizing natural channel design techniques, including in-stream structures (constructed riffles), appropriately designed pattern, profile and bank grading will be implemented in order to provide the appropriate aquatic uplift. Coir fiber matting will be installed, and a temporary seed mix will be applied immediately following construction to provide initial stabilization. A planting plan including the application of a permanent seed mix and planting native riparian live stakes and bare roots will be conducted to provide long-term stability. The stream relocation requires 20 lf of temporary stream impacts for the construction activities necessary to work in dry conditions. Additional impacts associated with the construction of the northern portion of the property include 0.18-ac of permanent impacts to Wetland B at two separate impact sites. 0.06-ac of temporary wetland impacts are necessary to facilitate construction of the retaining wall within Wetland B. Mud mats will be utilized over a portion of Wetland B to provide temporary construction access and prevent wetland soil disturbance, resulting in 0.06-ac of temporary wetland impacts. Construction access will be located within a temporary construction easement and is not part of the overall development. A temporary stream crossing over Little Sugar Creek is necessary to provide construction access to the southern portion of the property, prior to construction of the bridge. Timbers will be placed from top of bank to top of bank and will not result in temporary impacts below the ordinary high- water mark of Little Sugar Creek. Construction activities on the southern portion of the property include 0.06-ac of permanent wetland impacts to Wetland C from grading fill slopes necessary for construction of a pedestrian footpath. 0.04-ac of temporary wetland impacts are necessary to Wetland C to construct the retaining wall for the footpath. General construction equipment, such as; bulldozers, back hoes, front end loaders, etc. will be used for construction purposes. Page 5 of 14 PCN Form – Version 1.3 December 10, 2008 Version 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? Comments: Yes No Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Chris Tinklenberg, PWS Agency/Consultant Company: Kimley-Horn & Assoc., Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Field varication visit on August 31, 2018 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes No Unknown 5b. If yes, explain in detail according to “help file” instructions. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. Page 6 of 14 PCN Form – Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams - tributaries Buffers Open Waters Pond Construction Page 7 of 14 PCN Form – Version 1.3 December 10, 2008 Version 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number – Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 2f. Area of impact (acres) WB – Impact 3 P T Grading Fill Riparian Yes No Corps DWQ 0.15 WB – Impact 4 P T Construction of retaining wall Riparian Yes No Corps DWQ 0.06 WB– Impact 7 P T Grading Fill Riparian Yes No Corps DWQ 0.03 WC – Impact 8 P T Construction Access Riparian Yes No Corps DWQ 0.06 WC – Impact 9 P T Grading Fill Riparian Yes No Corps DWQ 0.06 WC – Impact 10 P T Construction of retaining wall Riparian Yes No Corps DWQ 0.04 2g. Total wetland impacts 0.4 2h. Comments: 0.18-ac of permanent impacts to Wetland B are necessary at two separate impact sites. 0.06-ac of temporary wetland impacts are necessary to facilitate construction of the retaining wall within Wetland B. Mud mats will be utilized over a portion of Wetland B to provide temporary construction access and prevent wetland soil disturbance, resulting in 0.06-ac of temporary wetland impacts. Construction access will be located within a temporary construction easement and is not part of the overall development. Construction activities on the southern portion of the property include 0.06-ac of permanent wetland impacts to Wetland C from grading fill slopes necessary for construction of a pedestrian footpath. 0.04-ac of temporary wetland impacts are necessary to Wetland C to construct the retaining wall for the footpath. In total, 0.24-ac of permanent wetland impacts, and 0.16-ac of temporary wetland impacts are proposed. 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. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) SB – Impact 1 P T Installation of RCP UT to Little Sugar Creek PER INT Corps DWQ 3 204 SB – Impact 2 P T Impervious Dike and Pumped Diversion UT to Little Sugar Creek PER INT Corps DWQ 3 40 SB – Impact 5 P T Stream Relocation UT to Little Sugar Creek PER INT Corps DWQ 3 94 SB – Impact 6 P T Impervious Dike and Pumped Diversion UT to Little Sugar Creek PER INT Corps DWQ 3 20 3h. Total stream and tributary impacts 358 3i. Comments: The proposed project seeks to install a 175 lf, 30” reinforced concrete pipe (RCP) with flared end sections along Stream B. The culvert will be installed below the elevation of the stream bed by 20% of the culvert diameter to allow low flow passage of water and aquatic life. Rip-rap dissipation is proposed at the inlet and outlet of the proposed pipe to reduce discharge velocity and meet non-erosive design criteria. Both areas will be constructed using natural channel design techniques that include ensuring that the rip-rap is properly installed into the channel bed and placed in a fashion to ensure aquatic passage. The culvert installation and inlet/outlet protections will result in 204 lf of permanent stream impacts to non- wetland waters of the US. Installation of the culvert requires 40 lf of temporary stream impacts for the construction activities necessary to work in dry conditions. Construction of a retaining wall and associated grading fill slopes necessary to facilitate construction on the northern portion of Page 8 of 14 PCN Form – Version 1.3 December 10, 2008 Version the property requires the relocation of a section of Stream B. The proposed stream relocation will result in 94 lf of permanent, no net loss impacts to non-wetland waters of the United States. Stream B will be relocated and rehabilitated to no less than current conditions. A relocation plan, utilizing natural channel design techniques, including in-stream structures (constructed riffles), appropriately designed pattern, profile and bank grading will be implemented in order to provide the appropriate aquatic uplift. Coir fiber matting will be installed, and a temporary seed mix will be applied immediately following construction to provide initial stabilization. A planting plan including the application of a permanent seed mix and planting native riparian live stakes and bare roots will be conducted to provide long-term stability. The stream relocation requires 20 lf of temporary stream impacts for the construction activities necessary to work in dry conditions. In total, the proposed project seeks 298lf of permanent stream impacts and 60lf of temporary stream impacts. 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 individually list all open water impacts below. 4a. Open water impact number – Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 P T O2 P T O3 P T O4 P T 4f. 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 9 of 14 PCN Form – Version 1.3 December 10, 2008 Version 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. Project is in which protected basin? Neuse Tar-Pamlico Other: Catawba Randleman 6b. Buffer impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 P T Yes No B2 P T Yes No B3 P T Yes No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Avoidance and minimization efforts during development planning and design were implemented to the greatest extents practicable in order to reduce the overall impacts on the aquatic environment while staying within nationwide permit thresholds. Large retaining walls are proposed throughout the entirety of the site to eliminate fill slopes which would result in additional stream and wetland impacts. Initial site layout and grading plans proposed over 600 lf of stream impacts and nearly 1-acre of wetland impacts. Through multiple iterations of siting and the implementation of retaining walls, the final plan demonstrates maximum minimization efforts by reducing the proposed stream and wetland impacts to 298 lf and 0.24-ac, respectively. Rationale to support avoidance and minimization efforts include the following: · Stream B – Impact 1 & Wetland B – Impact 3: One building, associated parking lot, public access road and bridge crossing over Little Sugar Creek (required to provide access to the southern portion of the property which is inaccessible) are all necessary to meet the needs of the proposed development on this portion of the property. There are no feasible alternatives which would avoid impacts to Stream B or Wetland B. The proposed layout minimizes impacts to Stream B and Wetland B by implementing 15 to 25-foot tall retaining walls around the north, east and southern boundaries of development footprint. · Stream B – Impact 5 & Wetland B – Impact 6: These impacts are necessary to facilitate the appropriate building footprint and access road. The design maximizes the available space to construct the facilities while minimizing impacts to aquatic features. In lieu of encapsulating Stream B through the retaining wall and fill slope via pipe, resulting in a total loss of stream function, the proposed project seeks to implement natural channel design techniques to shift the channel slightly south. Improvements to the bedform, pattern and profile of the channel seek to provide functional aquatic uplift over the existing condition and avoid additional loss of waters. Wetland C – Impact 8: As part of the development plan and approvals by the City, the developer is required to construct a segment of the future Cross-Charlotte Trail. The future multi-use trail segment is adjacent to the private street situated on the southern portion of the property. Impacts to Wetland C are unavoidable due to this requirement, however, proposed impacts are minimized by replacing grading fill slopes with retaining wall. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Temporary wetland impacts associated with construction of the retaining walls were limited to the areas necessary for the contractor to conduct the construction activity. Construction activities associated with the stream location are limited to the areas within the top of bank of the new channel to avoid additional temporary wetland impacts. All temporary impacts will be restored to preconstruction conditions following completion of the activities. All temporary erosion and sediment control measures will be removed and disturbed areas will be restored following construction. Page 10 of 14 PCN Form – Version 1.3 December 10, 2008 Version 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: 894 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: 0.96 acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Compensatory mitigation will be met by the purchase of credits through the NC Division of Mitigation Services (NCDMS) in-lieu fee program. 298 lf of stream impacts will be mitigated through the purchase of stream mitigation credits. Based on an NCSAM assessment of intermittent Stream B, mitigation is proposed at a 1.5:1 ratio. Since the project is located within the Lower Catawba watershed (HUC 03050103), credits will be purchased at a 3:1 ratio; therefore, 894 SMUs will be purchased from NCDMS for impacts associated with the new development. 0.24-ac of wetland impacts will be mitigated through the purchase of wetland mitigation credits. Based on an NCWAM assessment of Wetlands B and C, mitigation is proposed at a 2:1 ratio. Wetland mitigation credits will be purchased at 4:1 based on the location of the project within the Lower Catawba watershed, therefore, 0.96 wetland credits will be purchased from NCDMS for wetland impacts.hol 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 11 of 14 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 12 of 14 PCN Form – Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 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 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The project is not subject to the NC Riparian Protection Rules; however, the project meets the City of Charlotte 30-FT Post Construction Buffer & City of Charlotte 100-FT Post Construction Buffer requirements. Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 45% 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: N/A 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Per City of Charlotte Post Construction Stormwater Ordinance and the Charlotte-Mecklenburg Storm Water Design Manual, the project will control peak discharge of the 10-year, 6-hour storm event as well as detain the 1-year, 24-hour channel protection volume in accordance with the transit-oriented development requirements. Though not required due to location/zoning, the project has elected to treat a portion (+/-3.62 acres) for stormwater quality of the 1-in, 6hr-storm event for 85% Total Suspended Solids (TSS) removal as mitigation for buffer impact. 2e. Who will be responsible for the review of the Stormwater Management Plan? Certified Local Government DWQ Stormwater Program DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? City of Charlotte 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No – Under review 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No Page 13 of 14 PCN Form – Version 1.3 December 10, 2008 Version 5b. Have all of the 401 Unit submittal requirements been met? Yes No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 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 1c. 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.) Comments: Yes No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 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 additional development, which could impact nearby downstream water quality? Yes No 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. 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. Waste water directed to a Charlotte Water public sewer main adjacent to the project. Page 14 of 14 PCN Form – Version 1.3 December 10, 2008 Version 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. Raleigh Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A review of the North Carolina Natural Heritage Program (NCNHP) database on November 5, 2018 did not indicate known occurrences of threatened or endangered species within the project boundary. Additionally, pedestrian surveys conducted by Kimley-Horn in August 2018 did not identify any occurrences of protected species. (See attached NCNHP Letter). 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 use to determine whether your site would impact 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A review of the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS Service database on November 5, 2018 did not indicate any cultural or historic resources within the project boundary. 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 flood impact analysis report, no-rise impact certification, and individual floodplain development permit will be submitted to the City of Charlotte for review and approval prior to construction/restoration activities. The results of the flood impact analysis show that there is no net increase in base flood elevations. 8c. What source(s) did you use to make the floodplain determination? FIRM Panels 4555 and 4554 Chris Tinklenberg, PWS Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 05/30/2019 Date Yadkin AveE 3 4th St W 3 2 n d St N Davidson StE 3 6 t h S t N Brevard StW30thStBellefonteDr N Church StE 35th St E 3 2 n d St N Myers StB e n a rdA veA t a n d o A v eCatalinaAveW 28th St W 31st St Ritch AveNPoplarStE 3 3rd St W 29th St Faison Ave Charles Ave E 27th St E 28th St NAlexanderStM ath e s o n A v e C u llm a n A v e £¤29 £¤29 Figure 1Vicinity MapBrand Properties NoDa Sugar CreekMecklenburg County, NC MecklenburgCounty 0 500 1,000Feet Legend Project Study Area Mecklenburg County ± Figure 2USGS Topo (Charlotte East)Brand Properties NoDa Sugar CreekMecklenburg County, NC 0 1,000 2,000FeetLegend Project Study Area ± Figure 3SSURGO Soils and NWIBrand Properties NoDa Sugar CreekMecklenburg County, NC MS Ur Ur 0 200 400Feet ± Legend Project Study AreaNWI WetlandsSSURGO SoilsHydric Rating Not Hydric (0%) _! _ !_!_!_! _ !_!_!_!_!_! !. #0 #0!. !. #0 W 31st St M ath e s o n A v e £¤29 2 1 6 5 4 7 10 9 14 1211 0 200 400Feet Legend Project Study AreaStream (Potential Non-Wetland WoUS)Wetlan d (Potential Wetland WoUS) _!Ph oto Locations ± Figure 4PJD Field SketchBrand Properties NoDa Sugar CreekMecklenburg County, NC 3 8 13 WB SA WA WC SB M ath es o n A v eN. Tryon St.0 200 400Feet ± Figure 5Proposed ConditionsBrand Properties NoDa Sugar CreekMecklenburg County, NC Stream B - Impact 240 lf TemporaryImpervious Dike andPumped Diversion Stream B - Impact 594 lf Permanent Stream Relocation Stream B - Impact 1204 lf Permanent Culvert Installation Wetland C - Impact 90.06 ac Permanent Grading Fill Wetland C - Impact 100.04 ac TemporaryConstruction of Retaining Wall Wetland B - Impact 30.15 ac PermanentGrading Fill Wetland B - Impact 80.06 ac TemporaryConstruction Access Wetland B - Impact 40.06 ac TemporaryConstruction of Retaining Wall Wetland B - Impact 70.03 ac PermanentGrading Fill Legend Project Boundary (Limits of Disturbance)BuildingsWetland ImpactsStream RelocationDrainageTemporary Crossing Retaining WallsSite Plan LayoutGradingExisting StreamsExisting Wetlands Stream B - Impact 620 lf Temporary Impervious Dike andPumped Diversion 10+0010+5011+0011+5 0LOG SILL (TYP)CONSTRUCTED RIFFLE (TYP)BEGIN CONSTRUCTIONSTA:10+25.38END CONSTRUCTIONSTA:11+32.16EXISTING STREAM CENTERLINEEXISTING STREAM CENTERLINESTREAM PROFILETHE EXCHANGE PREPARED FOR BRAND PROPERTIES STREAM RELOCATION PLAN AND PROFILEC8-1©Know what'sbelow.before you dig.CallRNOR T H THE EXCHANGE PREPARED FOR BRAND PROPERTIES STREAM CROSS SECTIONSC8-2©Know what'sbelow.before you dig.CallR Not to Scale1CONSTRUCTED RIFFLENot to Scale2LOG SILLTHE EXCHANGE PREPARED FOR BRAND PROPERTIES STREAM DETAILSC8-3©Know what'sbelow.before you dig.CallR Not to Scale4TEMPORARY STREAM CROSSING - MUD MATNot to Scale5EROSION CONTROL MATTINGNot to Scale3WETLAND/MUD MATTHE EXCHANGE PREPARED FOR BRAND PROPERTIES STREAM EROSION CONTROL DETAILSC8-4©Know what'sbelow.before you dig.CallR THE EXCHANGE PREPARED FOR BRAND PROPERTIES STREAM PLANTING DETAILSC8-5©Know what'sbelow.before you dig.CallR NCNHDE-7438 November 5, 2018 Addie Lasitter Kimley-Horn 200 South Tryon Street Charlotte, NC 28202 RE: Brand - NODA Site Dear Addie Lasitter: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Brand - NODA Site November 5, 2018 NCNHDE-7438 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area* Managed Area Name Owner Owner Type Mecklenburg County Open Space Mecklenburg County Local Government *NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on November 5, 2018; source: NCNHP, Q4 Oct 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Brand - NODA Site November 5, 2018 NCNHDE-7438 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Sawfly, Wasp, Bee, or Ant 37164 Bombus affinis Rusty-patched Bumble Bee 1969-09-29 H 5-Very Low Endangered Significantly Rare G2 S1 Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi?5-Very Low ---Endangered G3 S2 No Natural Areas are Documented Within a One-mile Radius of the Project Area Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type Mecklenburg County Open Space Mecklenburg County Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on November 5, 2018; source: NCNHP, Q4 Oct 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 Powered by TCPDF (www.tcpdf.org) Page 4 of 4