20160726 Ver 2_PCN Form Submission_20190606

DWR
MOM— of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
21nitial Review
Has this project met the requirements for acceptance
in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Oange only if needed.
BIMS # Assigned *
Version#*
20160726
2
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office*
Select Project Reviewer*
Mooresville Regional Office - [phone]
Donna Hood:eads\drhood
Information for Initial Review
1a. Name of project:
Newell South Neighborhood Improvement Project
1a. Who is the Primary Contact?*
Erin Shanaberger
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
6/6/2019
Nearest Body of Water
Toby Creek
Basin
Yadkin-PeeDee
Water Classification
Class C
Site Coordinates
Latitude: Longitude:
35.279914-80.75887
FA. Processing Information
County (or Counties) where the project is located:
Mecklenburg
Is this project a public transportation project?*
r Yes r^ No
Is this a NCDOT Project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?

W Nationwde Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified bythe Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
14 - Linear transportation
le. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?"
f Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r' Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
multiple parcels
2b. Deed book and page no.:
2c. Responsible party:
City of Charlotte
2d. Address
Street Address
mulitple addresses
Address Line 2
city
Charlotte
Postal / Zip Code
28213
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
State / Frmince / Regim
North Caroline
Country
United States
2f. Fax Number:
r Yes r No
r Yes r No
3. Applicant Information (if different from owner)

3a. Name:
Mark Grimshaw (C/O: Erin Shanaberger)
3b. Business Name:
City of Charlotte
3c.Address
Street Address
600 E. 4th St
Address Line 2
City
State / Province / F7agion
Charlotte
NC
Postal / Zip Code
Country
28202
United States
3d. Telephone Number:
3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Autumnwood
1c. Nearest municipality/town:
Charlotte
2. Project Identification
2a. Property Identification Number: 2b. Property size:
multiple
2c. Project Address
Street Address
Address Line 2
Cy State / Province / Fagion
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Toby Creek
3b. Water Resources Classification of nearest receiving water:*
Class C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050103
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:*
Edsting conditions on site include single family residential properties. General land use in the area is residential with some commercial land use to the north and east along N. Tryon St.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
F Yes r No r Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2016-01114 / DWR # 16-0726
Project History Upload
2016-09-13_Newell South DWR approval.pdf 252.56KB
2016-09-13_Newell South USACE approval.p if 700.25KB
Newell_South_70Submittal_071114.pdf 13.31 MB
Newell South Project History.pdf 71.32KB
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)

Newell South topo map.pdf
529.16KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Newell South soils map.pdf 3.02MB
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:
186
4h. Explain the purpose of the proposed project:*
The proposed project is an infrastructure improvement project proposed to provide safe pedestrian passage from N. Tryon Street to Rocky River Rd West. The light rail runs along N.
Tryon St; and the addition of the sidewalk through this neighborhood vill allow residents to safely get to N. Tryon Street and the light rail without having to walk in the road with vehicular
traffic. An entrance to Toby Creek greenway is also located at Rocky River Rd. West at the ept to the neighborhood. This sidewalk will allow residents to safely travel on foot from their
homes or from the light rail along N. Tryon Street to the greenway entrance.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will use typical construction equipment to construct the sidewalk. Culvert extensions and rip rap placement will be performed while working in the dry, using equipment on the
channel bank. All measures will be removed upon completion of construction.
4j. Please upload project drawings for the proposed project.
Newell South_Plans.pdf 27.29MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No f Unknown
Comments:
Crystal Amschler visited the site on 6/1/16.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2016-01114
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Dave Homans
Agency/Consultant Company: S & ME
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Site visit 6/1/16; PJD issued 9/8116.
5d1. Jurisdictional determination upload
2016-09-13_Newell South USACE approval.pdf 700.25KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes O No
7b. If yes, explain.
See project history document uploaded above. Phase 2 will only be constructed as funding allows.
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?
NWP 14 will be used to authorize any future impacts by Phase 2 impacts different streams and would consist of separate and distant crossings.
[Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries ❑ Buffers
r Open Waters r Pond Construction
3. Stream Impacts
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
(?)
Jurisdiction*
length*

S1
sidewalk construction
Permanent
Culvert
Stream 4
Intermittent
Both
2
14
Average (feet)
(linearfeet)
3P
energy dissipation
Temporary
Rip Rap Fill
Stream
Intermittent
Both
2Avera7e
$(li
(fae)
ear fed)
S3
sidewalk construction
Permanent
Culvert
Stream 5
Perennial
Both
3
8
Average (fast)
(linear feat)
S4
energy dissipation
Permanent
Rip Rap Fill
Stream 5
Perennial
Both
3
12
Average (feet)
(linear feat)
S5
dewatering
Temporary
Dewatering
Stream 4
Intermittent
Both
2
40
Average (feet)
(linear feet)
S6
dewatering
Temporary
Dewatering
Stream 5
Perennial
Both
3
40
Average (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
34 88
31. Total stream and ditch impacts:
122
3j. Comments:
Stream 4 is rip rap -lined in its existing condition.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Culvert extensions are the minimum needed to accommodate the newsidewalk and provide a safely sloped shoulder. A large portion of the work
proposed originally with this project has been eliminated so as to avoid impacts to WOTUS.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Any work in WOTUS will be performed in the dry; no stream crossings will be used and equipment will be located as far from WOTUS as possible to
complete the work.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
This project has minimal impacts to WOTUS. Well below the typical thresholds for mitigation of 150 and 300LF set by each agency.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
not adjacent to protected buffer.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r 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)? *
r Yes r No
Comments:*
n/a
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)?*
r^ Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
This project proposes to build sidewalk through a neighborhood that is already built out.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
f Yes r Nor 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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r- Yes r No
5d. Is another Federal agency involved?*
r- Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r^ Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r^ Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r- Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r^ Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Field reviewdid not indicate presence of protected/endangered species or reveal habitat that would be suitable. The project area is not located in the
vicinity of a DCH. NCNHP online Data Explorer did not identify any known extant occurrences of protected species within a mile radius.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r^ Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
http://vmm.habitat.noaa.gov/protection/efh/efhmapper/index.html
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?*
r- Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
HPOWEB GIS Web Service --no currently listed or eligible for listing properties within 1 mile radius.
7c. Historic or Prehistoric Information Upload

ER 16-1292_Newell South cultural resources review.pdf 106.72KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r^ yes r No
8c. What source(s) did you use to make the floodplain determination?*
http://polaris.rmcklenburgcountync.gov
Miscellaneous
Comments
Sheets 8 and 14 of the attached plans show impacts to WOTUS. This is for the record only for USACE; this is a revision to a project that was previously required written notification;
however, the impacts to WOTUS now total less than 1/10th of an acre under NWP 14.
Miscellaneous attachments not previously requested.
Newell South impact figures.pdf 1.03MB
Newell South project area.pdf 3.71VIB
Signature v
*
W By checking the box and signing below, I certify that:
• 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:
Erin Shanaberger
Signature
Date
6/6/2019