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HomeMy WebLinkAbout20001304 Ver 1_COMPLETE FILE_20001010State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director A 0=% Now NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL-RESOURCES December 6, 2000 Mecklenburg County DWQ Project # 001304 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Ms. Mary C. Murray Permit Administrator Charlotte Stormwater Services 600 East Fourth Street Charlotte, NC 28202 Dear Mr. Murray: You have our approval, in accordance with the attached conditions and those listed below, to impact 890 linear feet of streams for the purpose of stabilizing a streambank (Kendall Drive project) as described in your application dated November 3, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3258. This certification allows you to use Nationwide Permit Number 13 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless othenise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. This project is not suitable as compensatory mitigation since it is a streambank stabilization project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water. Act. If you have any questions, please telephone John Domey at 919-733-9646. Attachment cc: Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office File copy Central Files Mike Iagnocco; Law Engineering & Environmental ncerely T. Steve Division of Water Quality • Wetlands/401 Unit 1621 Mail Service Center • Raleigh NC 27669-1621 • Telephone 919-733-1786 • FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director t4 r. MEMORANDUM NOV TO: John R. Dorney, Division of Water Quality W , Dept. of Environment and Natural Resources FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: November 20, 2000 SUBJECT: Review of an application by City of Charlotte Storm Water Services, Kendall Drive Streambank Stabilization, Mecklenburg County The applicant is requesting 401 Water Quality Certification from the North Carolina Division of Water Quality. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with general habitat values of the area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The applicant proposes to stabilize a total of 900 linear feet of eroding streams utilizing rock, gabions and vegetation. We do not object to the project, as it should reduce sediment loss from the stream's banks. We do not recommend that this project be used for any mitigation credits unless additional stormwater management strategies are utilized to help reduce storm surges in. the contributing basin. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Kendall Drive Stream Stabilization c/o city of Project Number 00 1304 Recvd From APP Received Date 11/6/00 Recvd By Region Project Type bank stabilization County Mecklenburg County2 Region Mooresville Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 13 I F7_@ N F-11-13712 F _cF_30,834. F__ F- F____7 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y 0 N Provided by Region: Latitude (ddmmss) 351608 Recommendation: 0 Issue O Issue/Cond O Deny Longitude (ddmmss) 805144 Comments: Staff met with Charlotte Stormwater Services personnel to review the eject. The stream is a perennial urban stream about 4 feet wide and moderately incised- Much of its natural floodplain has been filled and built upon over 20 years ago. The stream now carries a large stormwater flow. Much of the north bank has been hardened in the past and many of these structures are currently failing. The a lipp cant proposes to use a variety of soft and hard engineering methods to stabilize the north bank. Most of the reach will be stabilized by laying the banks back and using a combination of yegetation and rip rap at the toe- The gabion baskets will used to replace a failing cinderblock wall where the stream is within 15 feet of the house. cc: Regional Office Central Office Page Number 1 Facility Name Kendall Drive Stream Stabilization c/o city of County Mecklenburg Project Number .00 1304 Regional Contact: Date: Pete Colwell 12/4/2000 Comments (continued from page 1): cc: Regional Office Central Office Page Number Charlofte-Mecklenburg STORM WATER. services v November 3, 2000 Mr. John Dorney NC DENR, Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27626 Dear Mr. Dorney, In response to your letter dated October 19, 2000, we are resubmitting 7 copies of the PCN and a check for $475.00 for the Kendall Drive Streambank Stabilization Project. Per your suggestion in the above- mentioned letter, we are interested in evaluating this project for mitigation credit. If you need additional information to facilitate your review and credit determination, please contact me immediately. As an attempt to utilize a soft/natural channel approach in the Kendall Drive Streambank Stabilization Project, the City of Charlotte has minimized the use of hard structures along the 940 linear foot project area. As proposed, the usage of hard structures is limited to areas where either existing hard structures such as retaining walls (approximately 250 linear feet) are currently failing and require immediate replacement to eliminate a threat to adjacent residential dwellings or where sheer stress calculation suggest that rip-rap at the toe of slope is warranted (approximately 200 linear feet). The remaining 490 linear feet of bank stabilization will utilize bioengineering without hard structures. We appreciate your input and look forward to hearing from you regarding the Kendall Drive Streambank Stabilization Project. If you have any questions during the review period, please contact me at (704) 336- 4588 or mkmurray@ci.charlotte.nc.us. oo?3•y Sincerely, Mary C. VMay Permit Administrator Charlotte Storm Water Services Cc: LAW Engineering and Environmental Services Inc. FanClo:5LLr'es: - $y75.0o Meck 4o 'D WQ er?,eAcI cvr-res6'°nd--?O-- +k--ow, -'.'iDa--ney 4v M,14LSraCco veca olio.i °? V?C_ n GGCC T7n- Wr; ?.r, C-C? l?Gu W GnGG -fir PYD j G? di4' d q/2 $/0-D C m r esPandenc? ..r-sm DwC? 4-b Ch&,1o {4G 5W5 ;aa+ed 6c-4. 19)2,000 c-ecr?t?eS hn? V q-15 , c>0 --Fee_ Mer%,o -V-r- T, 5(-.Vhn -b -7- Donne-y -,- C, ge, 'A Oca, lel, 20«> To report drainage problems: 336-RAIN Printed on recycled I )- Nosftot Page 1 of 1 Iagnocco,Michael From: John Dorney Dohn.dorney@ncmail.net] Sent: Thursday, September 28, 2000 10:29 AM To: lagnocco, Michael Subject: Re: Certification Fees no fee unless we decide that it does not fit the general certification in which case we will write and say "show me the money! ". "Iagnocco,Michael" wrote: Hey John! hope you're beginning to feel better... We are completing a NWP 13 application that involves < 500 If hard structures but hard structures on > 150 If...as I understand it, DWQ only requires notification in this instance (no written concurrence required)... Will you require an certification fee?? I presume that if you do it will be of the major variety... thanks for your help ...hang in there... xiex:Yxxx?Y?xx?xxx kxxx k?xx?xxxxx?Yxx?Yxxx?xx:txxiexx Michael A. Iagnocco (ihn YAH koh) Sr. Scientist Law Engineering & Environmental Services, Inc. 2801 Yorkmont Road Charlotte, North Carolina 28208 Phone: (704) 357-8600 ext. 5543 Fax: (704) 357-1622 E-Mail: miagnocc@lawco.com 9/28/00 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Certified Mail Return Receipt Requested Ms. Mary C. Murry, Permit Administrator City of Charlotte Stormwater Services 600 East Fourth Street, 10 Floor Charlotte, NC 28202 Dear Ms. Murry: "'44 NCDENR Division of Water Quality October 19, 2000 Subject: Kendall Drive Stream Stabilization DWQ Project No. 001304 Mecklenburg County The Wetlands Unit staff reviewed the stormwater management plans for the subject project and determined that hard structures are proposed for this project, as described in General Water Quality Certification No. 3258, condition no. 1. As such, a formal Pre-Construction Notification Application is required including a $475.00 application fee. However, please be aware, that, if the City desires, some parts of this project may be considered for mitigation credit as part of the review process. If you have any questions or would like to discuss this project, please contact Todd St, John at (919) 733- 9584. Sincerely, , John Dorney ?t1 l Wetlands Unit Supervisor cc: Mooresville Regional Office File 2'-f -1j-r? -_?, g nr' 4401 Reedy Creek Road, Raleigh, NC 27607 Telephone 919-733-1786 FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper A74*'* NCDENR DIVISION OF WATER QUALITY October 19, 2000 Memorandum To: John Domey and Cyndi Bell From: Todd St. John Subject: City of Charlotte, Kendall Drive Stream Stabilization DWQ # 001304 Mecklenburg County The GC for NW 13 states, "Stream bank stabilization methods with greater than or equal to a total of 500 linear feet (152.5 meters) of impact which do not utilize hard structures (including but not limited to all varieties of rip rap and gabion baskets except as noted in condition number 6 do not require written approval from the Division." However, "The applicant is required to notify the Division in writing with three copies of project specifications before the impact occurs." If DWQ determines that, "the project utilizes hard structures for stream bank stabilization, then the Division shall notify the applicant in writing within 30 days of receipt of the notification to require application and payment of the appropriate fee." The City of Charlotte has submitted 3 copies of a plan to stabilize 940 feet of stream bank. 450 feet of the impact utilizes hard structures (toe armoring or gabion baskets). The City has suggested that it does not need written approval since the hard structures total less than 500 feet. However, the GC does not specify the amount of hard structure, it only considers whether or not the project proposes hard structure, and whether or not the project exceeds 500 feet. This project does both. The fact that the City does not propose armoring would imply that it attempted to minimize armoring impacts; however, the balance of the work that does not include armoring, could possibly receive mitigation credit. However, I still think that the exact language in the Certification specifies that a fee is appropriate. ' Chadolbr-Meddenburg STORM iwAT?R 001 30&f 1 1 P_? 1 September 26, 2000 Mr. Steve Chapin U.S. Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, NC 28801 Subject: Pre-Construction Notification for Nationwide Permit No. 13 City of Charlotte Storm Water Services Kendall Drive Streambank Stabilization Charlotte, North Carolina CSWS Project No. 671-00-006 Dear Mr. Chapin: On behalf of the City of Charlotte Storm Water Services (CSWS), enclosed please find a completed Joint Form with accompanying figures for a Nationwide Permit (NWP) No. 13 in the above-referenced streambank stabilization project (Attachment A). CSWS has retained Law Engineering and Environmental Services, Inc. (LAW) to provide permitting services for this project. This submittal is the product of a cooperative effort between CSWS and LAW. The limits of the project begin near the intersection of Kendall Drive and Twinfield Drive, and extend west approximately 890 linear feet (lf) behind properties located at 2519 to 2727 Kendall Drive and 2701 to 2515 Abelwood Road in Charlotte, North Carolina (Attachment B - Figure 1). Since the proposed project will result in bank stabilization activities in excess of 500 feet in length, this pre-construction notification (PCN) is being provided in accordance with the U.S. Army Corps of Engineers (USACE) general conditions for NWP No. 13 (Bank Stabilization). Background CSWS has proposed the Kendall Drive streambank stabilization project located on an unnamed tributary to Stewart Creek. The proposed streambank stabilization project site is located within the University Park neighborhood in Charlotte, North Carolina, approximately 1,800 feet southwest of the Beatties Ford Road (SR 2074) and Interstate 85 (1-85) intersection (Attachment B - Figure 1). The proposed project is bound to the north by residences on Kendall Drive and to the south by residences on Abelwood Road. The proposed project involves approximately 9401f To report drainage problems: 336-RAIN e.:.....A .......w,.M-A ......n. 1 0 Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 of streambank stabilization primarily on the north side of the stream (approximately 890 If), as the Streambank has become steep due to channel incision. Additionally, work will be done along one property on the south side of the channel (approximately 50 If) located toward the lower reach of the project. Erosion in these areas is critical because structures are in jeopardy of collapse and/or the banks are not stable. The channel has incised to bedrock causing vertical banks and failure of existing retaining walls. In addition, the subject stream has become burdened with urban debris. Stabilization will be accomplished using a combination of soil bioengineering (approximately 490 If), soil bioengineering with rock toe (approximately 200 If), and gabions (approximately 250 If). Approximately 50 if of streambank within the proposed project limits is not anticipated to require stabilization. No excavation will take place except for the sloping back of channel banks, thus widening the channel at the top of the bank. The depths and widths of the channel bed will not be altered. The watershed contributing to this portion of the unnamed tributary is approximately 150 acres, and area land use is predominately single- family residential (Attachment B - Figure 2). Property owners adjacent to the subject stream have agreed to temporary easements for site access. Temporary impacts to personal property will be repaired and restored. The eroding streambank at the above-mentioned locations is causing damage to public and personal property as well as jeopardizing public safety and promoting the continued degradation of the stream environment and riparian habitat. The eroding streambank must be stabilized to address these problems. CSWS is serving as the lead designer of the proposed streambank stabilization project, and the proposed project is scheduled to begin in Fall 2000 upon approval from the USACE. Jurisdictional Waters of the U.S. The principal surface water feature proximal to the project area is Stewart Creek. Stewart Creek, located approximately 1,000 feet from the western boundary of the project area, flows south to its confluence with Irwin Creek. The National Wetlands Inventory (NWI) Map [U.S. Fish and Wildlife Service (USFWS), 1991) indicates that Stewart Creek is a riverine wetland (R2UBH). Stewart Creek is further described as a permanently flooded, lower perennial stream, with an unconsolidated bottom. The subject channel targeted for streambank stabilization is an unnamed tributary to Stewart Creek. w Kendall Drive Streambank Stabilization Project - NWP No. 13 CSWS Project No. 671-00-006 September 26, 2000 Jurisdictional areas proximal to the anticipated construction limits of the proposed project include approximately 940 if of jurisdictional waters of the U.S. Field reconnaissance conducted by LAW revealed that no wetlands are present within the proposed project limits. The subject stream flows west to its confluence with Stewart Creek. The subject stream is a perennial channel and has average widths of 15 to 20 feet (measured from top of bank to top of bank) and a channel bottom of four to six feet with a sand, cobble, and bedrock substrate. Riparian vegetation associated with this stream includes box elder (Aces negundo), black willow (Salix nigra), silver maple (Acer saccharinum), slippery elm (Ulmus rubra), American sycamore (Platanus occidentalis), poison ivy (Rhus radicans), and blackberry (Ruhus fructicosus). Photographs of the existing stream reach are included in Attachment C. Cultural Resources and Protected Species A letter was forwarded to the State Historic Preservation Office (SHPO), dated June 16, 2000. Correspondence from the SHPO, dated July 19, 2000, revealed no properties of architectural, historic, or archaeological significance within the project area that would be affected by the project (Attachment D). Correspondence was forwarded to the USFWS, dated June 16, 2000, to determine the presence of any federally-listed or state-listed endangered or threatened species, candidates proposed for listing as endangered or threatened species, or of critical habitat in the proposed project permit area (Attachment E). No response has been received from USFWS as of September 25, 2000. Correspondence was also forwarded to the North Carolina Natural Heritage Program (NCNHP), dated June 16, 2000, to determine the presence of any federally-listed or state-listed or candidate endangered or threatened species or critical habitat within the permit area of the proposed project. Correspondence from the NCNHP dated July 7, 2000 indicates that there no known records of listed protected species in the vicinity of the project (Attachment F). However, the NCNHP database indicates that there are seven federally and/or state endangered species that may occur in Mecklenburg County, namely the bald eagle (Haliaeetus leucocephalus), Carolina heelsplitter (Lasmigona decorata), Georgia aster (Aster georgianus), tall larkspur (Delphinium exaltatuni), smooth coneflower (Echinacea laevigata), Schweinitz's sunflower (Helianthus 3 1 Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 schweinitzh), and Michaux's sumac (Rhus michauxii). Correspondence with NCNHP did not reveal any records of known rare species, high quality natural communities, or significant Natural Heritage Areas occurring within a one-mile radius of the subject property (Attachment F). LAW's initial on-site field investigation, conducted on June 7, 2000 to determine the presence of suitable habitat for the aforementioned protected species, revealed that none had a likelihood of occurring within the project area. Limited "open, full sun" habitat preferred by the Schweinitz's sunflower occurs in the project area. However, these areas are largely disturbed by regular mowing and other lawn maintenance activities. Schweinitz's sunflower has an affinity for heavy clay basic soils such as Enon, Iredell, or Cecil soils. Cecil-urban soils dominate the project area, further decreasing the likelihood of the presence of Schweinitz's sunflower within the proposed project area. Occurrences of the Carolina heelsplitter have not been documented in the portion of the Catawba River Basin in which the subject property is located (USFWS, 1996)1. Additionally, the preferred mud, muddy sand, or muddy gravel substrate is not present. The subject site does not provide suitable foraging, nesting or roosting habitat for the bald eagle. Michaux's sumac has been extirpated from Mecklenburg County (USFWS, 1993)2. The preferred habitat of the Georgia aster (open woods and roadside areas) and smooth coneflower (meadows and woodlands) does not exist in the project area. As the project will largely be confined to the banks of the stream, the streambank stabilization project is not likely to impact protected species. Alternatives/Minimization Several alternatives were considered for the proposed streambank stabilization project. Among the options considered were the use of soil bioengineering with and without rock toe methods, and the use of gabions, both in conjunction with the removal of urban debris from the subject U.S. Fish and Wildlife Service (USFWS), 1996, Revised Technical/Agency Draft Carolina Heelsplitter . Recovery Plan, Atlanta, GA, 47 pp. Z USFWS, 1993, Endangered and Threatened Species of the Southeastern United States (The Red Book), Region Four. I I I I I I I I Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 stream. A no-action alternative was also considered for the proposed streambank stabilization project. The eroding streambank will be stabilized via Priority IV restoration (Rosgen, 1997)3. Priority IV restoration is typically implemented where urban constraints limit restoration alternatives. Priority IV stabilization methods are used to decrease bed and streambank erosion, often through the use of concrete, gabions, boulders, and bioengineering methods. The land needed for such improvements is minimal, making Priority IV restoration additionally ideal for the proposed project as urban constraints (i.e., close proximity of residences) serve as the primary restricting factor for other alternatives such as Priority I, II, and III restorations. Priority IV restoration was concluded to be the recommended alternative for the proposed streambank stabilization project. Soil bioengineering is a fairly unintrusive, non-invasive technique that utilizes plants to re- establish natural streambank protection that has been damaged or lost by erosion. While soil bioengineering is generally the most desired streambank stabilization method with regards to aquatic and wildlife habitat, the use of vegetation to stabilize all of the streambank is not feasible due to high and steep vertical banks located along the project corridor. Gabions are rock-filled baskets or cages through-planted with live stake materials used to build a support or an abutment where erosion poses a threat or is a problem. This technique offers sturdy support and enforcement and is feasible in that it meets the mechanical needs of the channel. While the use of gabions provides a solution to the eroding streambank problem, installation results in short-term impacts to stream habitat, including the suppression of vegetation from the streambank. While each method does provide positive benefits, the exclusive use of soil bioengineering or the exclusive use of gabions are not feasible/desirable options for the above-mentioned reasons. However, using a combination of the techniques provides a feasible, reasonable alternative for 3 Rosgen, D.D.L., 1997, "A Geomorphic Approach to Restoration of Incised Rivers", Proceedings of the Conference on Management of Landscapes Disturbed by Channel Incision. t 1 Kendall Drive Streambank Stabilization Project - NOT No. 13 September 26, 2000 CSWS Project No. 671-00-006 the streambank stabilization project. A Project Construction Plan is shown in Attachment B - Figure 3. Vegetation will be used throughout the project, although possibly in combination with other materials (i.e., rock toe or gabions). Restoring and improving the Streambank corridor with vegetation will provide for wildlife habitat enhancement, will ultimately shade the stream to benefit aquatic habitat, and will also provide aesthetic benefits. It, is anticipated that soil bioengineering without rock toe can be used where the exclusive use of vegetation is a feasible option, i.e., where the streambank is shallow, slopes are gradual, and bed materials at the toe are stable (e.g., hardpan or bedrock is present). Based on existing site information, it is anticipated that approximately 490 If of the 690-If total designated for soil bioengineering solutions will not require the use of a rock toe. Soil bioengineering will be used in all areas that provide adequate room for bank slope. Bank slopes will generally be in the 1:1 to 1.5:1 range. This will minimize the amount of space needed and maximize the use of soil bioengineering. The soil bioengineering technique that will be used for this project will consist mostly of live staking, with some fascines. The plant materials generally used for this type of work are silky willow (Salix sericea), silky dogwood (Corpus amomum), elderberry (Sambucus canadensis), Virginia willow (Ilea virginica), and coralberry (Symphoricarpos orbiculatus). Rock will be used to armor approximately the bottom two feet of the streambank in areas where shear stresses exceed the capabilities of the vegetation-only soil bioengineering technique and in areas where bedrock is exposed/substrate at the toe is unstable (Attachment B - Figure 4). Vegetated gabions have been targeted to replace failing retaining walls along the adjacent portions of the streambank that are suffering from severe erosion, particularly in areas where vertical banks exist. Gabions can be easily utilized in areas where space is limited, such as in urban neighborhoods where dwellings are located close to the stream channel. Gabions are necessary since sloping of the bank is not possible due to the close proximity of single-family dwellings. Approximately 250 if of streambank will be stabilized with gabions (Attachment B - Figure 5). The use of gabions on vertical banks will provide a sturdy support to prevent the streambank from eroding further. 1 6 t 7 t Kendall Drive Streambaok Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 Project construction will begin at the upstream project limit and will proceed to the downstream project limit. All work will take place from the top of the bank to the stream channel, and construction vehicles will not be driven into the stream. A no-action alternative was also considered for the project. As discussed earlier, the proposed streambank stabilization is needed to address erosion and pollution of the streambank and its associated affects on adjoining land and to provide for public safety. As a result, the no-action alternative was eliminated from further consideration since it does not appear to be feasible given the projected problems that will continue to arise from streambank erosion. The no-action alternative will allow existing stream and streambank conditions to continue to degrade in the project area, further threatening public property and structures. The use of Priority IV-type restoration methods, soil bioengineering and gabions, in conjunction with debris removal, is the preferred and recommended alternative for the proposed streambank stabilization project. Stabilization is expected to be accomplished by stabilizing approximately 690 if of streambank through the use of soil bioengineering solutions (approximately 200 if with rock toe and approximately 490 if without rock toe) and stabilizing approximately 250 if of streambank through the use of vegetated gabions. It is anticipated that approximately 50 If of the streambank located within the project limits is currently stable and will, therefore, not require stabilization. As mentioned, the majority of the streambank stabilization will utilize the soil bioengineering technique as it is the least invasive and provides wildlife and aquatic habitat along the stream corridor. In addition, all of the streambank stabilization will utilize vegetation in order to enrich the stream corridor with additional habitat. As part of the channel maintenance program, CSWS will monitor, through visual observation, the success of the stabilization project. Proposed Impacts to Jurisdictional Waters Due to the necessary utilization of hard structures (rock toe and gabions), the proposed Kendall Drive streambank stabilization project will result in unavoidable impacts to approximately 450 if of waters of the U.S. These unavoidable impacts, resulting from soil bioengineering coupled with rock toe (approximately 200 If) and the use of gabions (approximately 250 If), have been minimized to the maximum extent practicable and are necessary for the stabilization of the I' F Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 eroding Streambank. The remaining 490 if of streambank stabilization will solely utilize bio- engineering. It is anticipated that impacts to jurisdictional waters of the U.S. associated with the Kendall Drive streambank stabilization project will be permitted under NWP No. 13 - Bank Stabilization designated for stabilization activities necessary for erosion prevention. The 1 proposed streambank stabilization project is necessary in order to protect property owners and structures, as well as to enhance the natural benefits of the waterway. Left in its current state, the eroding streambank will affect public safety causing damage to personal properties and potentially damaging private infrastructure, including buildings, and will perpetuate the continued degradation of the stream environment and riparian habitat. The proposed project will help to satisfy CSWS's goal of maintaining and improving area storm-water systems in the interest of the community, wildlife, and natural resources. The completion of this project will result in positive impacts to the streambank and channel, to surrounding properties, and to aquatic and wildlife habitat. Regulatory Implications The project design complies with the conditions of Section 401 General Certification (GC) for a project eligible for NWP No. 13, effective November 22, 1999. Written concurrence from the DWQ is not required as the proposed stream impacts associated with hard structures (i.e., gabions and rock toe segments) of the proposed streambank stabilization project do not exceed 500 if in length. However, in accordance with the GC, DWQ will be notified. In accordance with the GC, methods of streambank stabilization, such as bioengineering, are preferred rather than the installation of riprap along extensive stretches of streambank. As stated, rock will only be utilized in areas where unstable subsurface material exists and/or in areas where sheer stresses exceed the capabilities of the vegetation-only soil bioengineering technique. Sheer stress calculations are attached (Attachment G). Rock will be of appropriate size so as to not be able to be carried off by wave or current action and will consist of clean rock or masonry material free of debris or toxic pollutants. Appropriate sediment and erosion control practices, which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design ' Manual" or "North Carolina Surface Mining Manual, whichever is more appropriate, will be ? n Fl J Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 utilized to prevent exceedances of the appropriate turbidity water quality standard. Additionally, all sediment and erosion control measures placed in waters will be removed and the natural grade restored after the Division of Land Resources or delegated local program has released the project. Per the GC, additional site-specific conditions may be added to the proposed project in order to ensure compliance with all applicable water quality and effluent standards. All nationwide and regional conditions for NWP No. 13 will be met by the CSWS design and adhered to by CSWS's contractors. Compensatory Mitigation Completion of the streambank stabilization project, including soil bioengineering with rock toe and gabions, will result in impacts to approximately 450 if of stream channel. The remaining 490 If of streambank stabilization will be completed through the use of soil bioengineering techniques. Mitigation is not being proposed as a part of this project since proposed actions are self-mitigating and completion of the project is expected to result in substantial improvements to the aquatic and riparian ecosystem. North Carolina Environmental Policy Act Documentation The proposed streambank stabilization project involves standard maintenance/repair activities through the CSWS maintenance program, which was established in 1993 to address storm-water drainage problems throughout the city. The streambank stabilization project does not involve channel disturbance consisting of hard structures to greater than 500 if of perennial stream channel, and therefore does not require the preparation of an Environmental Assessment (EA) in accordance with State Environmental Policy Act (SEPA) guidelines and as required by the North Carolina Division of Water Quality (DWQ). r? J 1 9 J 1 ri r? I 1 r Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No: 671-00-006 Closing Your prompt decision in this matter and corresponding processing of this permit will be greatly appreciated. Three copies of this permit application have been forwarded to DWQ for notification. Please do not hesitate to call Mary C. Murray at 704-336-4588, if you have any questions. Sincerely, CHARLOTTE STORM WATER SERVICES Mary C. Murray Michael A. I n co Permit Administrator Law Engineering and Environmental Services, Inc. Senior Environmental Scientist MCM:MAI Jlp Enclosures: Attachment A - Joint Form - Nationwide Permit No. 13 Attachment B - Figures Attachment C - Photographs Attachment D - SHPO Correspondence Attachment E - USFWS Correspondence Attachment F - NCNHP Correspondence Attachment G - Sheer Stress Calculations cc: Mr. John Dorney, DWQ 1 10 1? 1 t C I DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 13 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE N.C. DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF WATER QUALITY (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1 1. OWNERS NAME: City of Charlotte Storm' Water Services 2 MAILING ADDRESS: 600 East Fourth Street, 14th floor . SUBDIVISION NAME: N/A CITY: Charlotte STATE: NC ZIP CODE: 28202 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): The subiect stream is located behind residences located at 2519 to 2727 Kendall Drive and 2515 to 2701 Abelwood Road in Charlotte, North Carolina in the University Park neighborhood. - POC: Ms. Marv C. Murray, Permit Administrator 3. TELEPHONE NUMBER (HOME): N/A (WORK): (704) 336-4588 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: POC: 4a. TELEPHONE NUMBER (WORK): (FAX): t L L?- n LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): See Attachment B - Figure I COUNTY: Mecklenburg NEAREST TOWN OR CITY: Charlotte SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): The project site is located approximately 1,800 feet southwest of the Beatties Ford Road (SR 2074) and Interstate 85 intersection The subject stream is located behind residences located at 2519 to 2727 Kendall Drive and 2515 to 2701 Abelwood Road in Charlotte North Carolina in the University Park neighborhood The project will start near the intersection of Kendall Drive and Twinfield Drive._ 6. IMPACTED OR NEAREST STREAM/RIVER: Stewart Creek RIVER BASIN: Catawba 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-1 OR WS-II)? YES O NO N IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ?NO N 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? N/A 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES ?NO NIF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES E] NO N IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: Approximately 150 acres contributing watershed (Attachment B - Figure 2) 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: No wetlands present on site 2 t t u 1 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0 acres lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: N/A LINEAR FT. AFTER N/A LINEAR FT. WIDTH BEFORE (based on normal high water contours): 4-6 FT. WIDTH AFTER: 4-6 FT. AVERAGE DEPTH BEFORE: 4-6 FT. AFTER: 4-6 FT. (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: n PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: E] OTHER: Streambank stabilization to be accomplished using a combination of soil bioengineering with rock toe (200 linear feet) and gabions (250 linear feet). The total streambank stabilization will result in impacts to approximately 450 linear feet (lf) of perennial/important stream channel. 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8'/2" X I V DRAWINGS ONLY): The proposed streambank stabilization project includes plans for the stabilization of approximately 940 If of streambank (4901f of bioengineering, 200 If of bioengineering with rock toe 250 If of gabions). Attachment B - Figures 3 through 5 illustrate project construction plans as well as typical construction details. Trackhoe, trucks, and handwork will be used for construction activities. u F1 1 13. PURPOSE OF PROPOSED WORK: To protect public safe and Rroperty and to enhance the ' natural and beneficial functions of the waterways and their associated riparian corridors, City of Charlotte Storm Water Services (CSWS) has an obligation to the communities of Charlotte to maintain and improve area storm-water systems. Keeping with their commitment to Charlotte communities. CSWS has proposed a 940-1f channel stabilization proiect located on an unnamed ' tributary of Stewart Creek within the University Park neighborhood. Residences located at 2519 to 2727 Kendall Drive are located within 10 to 15 feet of the top of the channel bank and are the source of most of the Service Requests received by CSWS for this proiect. The need for the project is based on the severity of the erosion along the streambank at these locations. This streambank has become steep due to channel incision. The channel has incised to bedrock causing vertical banks as well as the failure of existing retaining walls. The eroding streambank is causing _a threat to property owners Jeopardizing public safety, and degrading the quality of the waterway. To help property owners as well as to enhance the natural benefits of the waterway CSWS has proposed the stablization of this streambank through the use of soil bioengineering solutions (with and without rock toe) in addition to gabions. Additionally, pollution-causing debris such as clothing trash, and bicycles, will be removed from the stream. Without the proposed improvements erosion and pollution will continue to be a problem. Left in its current state the eroding streambank will affect public safety causing damage to personal properties and potentially damaging private infrastructure, including buildings. Additionally, allowing the continued erosion of the streambank will perpetuate the continued degradation of the stream environment and riparian habitat. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): See # 13 above Since no wetlands are located within the proposed proiect vicinity. no wetlands will be impacted Streambank stabilization work to be carried out from the top of the streambank. 1 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE ' PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: June 16, 2000 (ATTACH RESPONSES FROM THESE AGENCIES.) Letter forwarded by LAW, dated June 16, 2000, certified mail (Attachment E) - return receipt confirmed. No response as of September 26, 2000. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: June 16, 2000 Letter forwarded by LAW, dated June 16, 2000, certified mail - return receipt confirmed. Response, dated July 19, 2000, indicated no concern. See Attachment D. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES ? NO ? N/A IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 5 1 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,29 AND 38). ALI. STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. See Attachment B -Figure 3 u b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. N/A (See Attachment C for photographs of stream to be impacted) c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A d. ATTACH A COPY OF THE STORM WATER MANAGEMENT PLAN IF REQUIRED. N/A e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Single family residential f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. t C -J OWNER' GENT'S SIGNATUR6 (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (I 8G.)) 6 /,0/& /,a -0 DATE 11 1 Radio Towe (WAM A .rte. J/ EXPLANATION 2000 1000 0 2000 APPROXIMATE CHANNEL LOCATION APPRO]MUTE SCALE IN FEET REF- U.S.G.S. 7.5 MINUTE TOPOGRAPHIC MAP OF MOUNTAIN ISLAND LAKE, N.C.; DATED 1972, PHOTOINSPECTED 1983 AND 5 DERITA. N.C. QUADRANGLE, DATED 1972. SITE LOCATION LAW KENDALL DRIVE CHANNEL STABILIZATION A,i ENGINEERING AND ENVIRONMENTAL SERVICES ?(tCHARLOTTE. NORTH CAROUNA CHARLOTTE, NORTH CAROLINA 1 BPREPA 11l p DA Into 1n n CHE rW L OATS I?v1O? JOB NO. 30100-0-0369 FIGURE N e% Tr t .j t G C r. i i 0 H C 600 0 600 1200 Feet Legend Stream N 1 Kendall Drainage Area Reference: City of Charlotte GIS database, Orthophoto 1997 FIGURE 2 Drainage Area Kendall Drive Channel Improvement Project Charlotte Storm Water Service: . Mecklenburg County, NC J 1 : h .... r,.. ' i ', i• r,. •••i ED O t i ' f ? r CA) /r? M ^ V n 1 1`' / lo. i A ,.• t it i:5!•i ',••! ?'• .? ' L-L Oo C O A ? r}? '' ' 7 ,i (t ; tip f •' ? ?? cgs i , 13. Cy ? O t + •t ` Owo %Ll 00 d j} 1 7 a F?: I. •f tt f ..w t 1 i d p ?'' 1 f ? ? i .Irk r t•r: ?t• "..: +t •,:''+/^ ?• ,' i j 7 CD t h + ^f;. M.. ,. C1.?:.. W r i • ?.. A :,t A m m w r? m w? w m v m = ? M ?I Ww m 1 1 1 L i 1 i A 1 i 1 Typical Bio-engineered Stream bank (For illustrative purposes only) "A.- ......... O 3 Z ? -3 v 6 / ! o A r?l 3m v L ip . t A s? CL W . O LL N W v cc W N cc W Q cc O N W H O J M 4 2 U } m D W O O L W 2 M ii W 2 s In W cc LL Y Y i i i i i i r--4 Cd 1 Cd. 0 T? V 1 SP-12 Gabions, Vegetated N W V W N W Q 3 0 N W F- F O J Q S V > m C W G O IL W C7 W t I Streambank Stabilization Project - Kendall Drive - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 Note proximity of fence and structures to stream. 1? Streambank Stabilization Project - Kendall Drive - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 Photograph B. View of eroding streambank. L?] w North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator es B. Hunt Jr., Governor Wetty Ray McCain, Secretary July 19, 2000 Mr. Michael A. Iagnocco LAWGIDB Group 2801 Yorkmont Road, Suite 100 Charlotte, NC 28208 Division of Archives and History Jeffrey J. Crow, Director Re: Environmental Assessment - Scoping, Kendall Drive/Ablewood Road, Channel Stabilization, Charlotte, Mecklenburg County, LAW Project No. 30100-0-0369, ER 00-10219 Dear Mr. Iagnocco: Thank you for your letter of June 16, 2000, concerning the above project. have conducted a review of the project and are aware of no properties of architectural, historic, or We archaeological significance which would be affected by the project. Therefore, we have no comment t on the project as currently proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919/7334763. Sincerely, Lo_c'? ?3?- 1 f David Brook Deputy State Historic Preservation Officer t DB:kgc Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Blount St., Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919) 733-4763 - 733-8653 ARCHAEOLOGY 421 N. Blount St., Raleigh NC 4619 Mail Service Center, Raleigh NC 27699-4619 (919) 733-7342 - 715-2671 RFCTnRATION 515 N. Blount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 27699-4613 (919) 733-6547 - 715-4801 -1- wuo ioio? ?aa_6545 - 7154801 J LAWGII]BBB GROUP June 16, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attention: Mr. Mark Cantrell U. S. Fish and Wildlife Services 160 Zillicoa Street Asheville, North Carolina 28801 Subject: Environmental Assessment - Scoping Kendall Drive/Ablewood Road Channel Stabilization Charlotte, NC LAW Project No. 3010040-0369, Phase 01 Dear Mr. Cantrell: rktf)dPy The City of Charlotte Stormwater Services (CSWS) has retained Law Engineering and Environmental Services, Inc. (LAW) to provide environmental services for the above-identified channel stabilization project. The purpose of this project is to protect private property and improve safety by replacing a failing retaining wall. This scoping letter constitutes solicitation for comments to assist LAW in the identification of environmental concerns and the preparation of an Environmental Assessment (EA) for this project. In order that LAW may fully evaluate and consider any potential effects of the project, we are hereby requesting that you respond in writing concerning any beneficial or adverse impacts relative to the, interests of your agency. The project vicinity and location are presented on the attached Figure 1. As indicated in Figure 1, the limits of the project begin at the intersection of Kendall Drive and Twinfield Drive, and extend west behind properties located at 2519 to 2727 Kendall Drive and 2515 to 2701 Ablewood Road. Several residential structures are located within 30 to 50 feet of the existing stream channel. The proposed project involves approximately 940 linear feet (If) of stream bank stabilization of a perennial unnamed tributary of Stewart Creek. Stabilization will be accomplished using a combination of soil bioengineering with rock toe (approximately 6401f) and gabions (approximately 300 If). Gabions will be used to replace and extend a failing retaining wall. Stabilization efforts will target the northern bank only. Project activities will largely occur within the bed and bank of the existing channel. The project reach has a contributing drainage area of approximately 10 acres. The USGS Topographic Maps that cover the project area include Derita and Mountain Island Lake, NC. Land use in the project area is residential. LAW Engineering and Environmental Services, Inc. 2801 Yorkmont Road, Suite 100 - Charlotte, NC 28208 704-357-8600 - Fax: 704-357-8638 Serving the Charlotte area for over 50 years 1 Mr. Mark Cantrell June 16, 2000 Page 2 The proposed stream bank stabilization of the unnamed tributary of Stewart Creek is considered a major activity as it involves over 150 if of stream channel improvement. Subsequently, this stream bank stabilization project requires the preparation of an Environmental Assessment (EA) in accordance with State Environmental Policy Act (SEPA) guidelines (15A NCAC 1C .0504). If you have any questions, please do not hesitate to call Mike Iagnocco at (704) 357-8600 extension 5543. Thank you for your attention to this matter. We appreciate your cooperation with this process. Sincerely, LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. aI",it- LA)' Michael A. la Allen W. Conger, P.W. . Senior Environmental Scientist Principal Environmental Scientist Attachment F1 Cl BY_?_ WITH PERMISSION A74MA., IDENR 8. HUNT JR. VERNOR r' .?OLMAN f TARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF.PARKS AND RECREATION July 7, 2000 Ms. Jennifer Pownall LAW Engineering & Environmental Services, Inc. 2801 Yorkmont Road Charlotte, NC 28208 :! ILIP.K.MCKNELLY SUBJECT: Rare Species, High Quality Natural Communities, and R_ .`TOR Significant Natural Heritage Areas at The Proposed Kendall Drive Channel Stabilization Project Site, Charlotte, Mecklenburg County, North Carolina Dear Ms. Pownall: The NC Natural Heritage Program (NCNHP) does not have a record of rare species, high quality natural communities, state park and recreation areas, or Significant Natural Heritage Areas (SNHAs) at or within a 1.0 mile radius of the proposed Kendall Drive channel stabilization project site, Charlotte, Mecklenburg County, North Carolina. I have enclosed a rare species list for Mecklenburg County. If habitat for any of these species exists at the site, they may be present there. Consultant acquired knowledge of the site habitat should determine if a survey is necessary. Please do not hesitate to contact me at the address below or call me at (919) 715- 8703 if you have any questions or need further information. Since ely, Susan Reece Giles Information Specialist NC Natural Heritage Program Enclosure r 1615 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1 15 PHONE 919-733-4181 FAX 919-715-3065 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER STATE FED. STATE GLOBAL _ NTIFIC NAME C0144ON NAME STATUS STATUS RANK RANK fklenburg-Current %furtebrate Animal piodes velifer Highfin Carpsucker SC - S2 G4G5 teostoma collis collis Carolina Darter - central SR FSC S3 G3T3 Piedmont population l.-liaeetus leucocephalus pop 1 Bald Eagle E LT S3B,S3N G4T?Q ius ludovicianus ludovicianus Loggerhead Shrike SC - S3B,S3N G5T5 . ertebrate Animal t-iaenodes marginata a caddisfly SR - S3 G? Villosa delumbis Eastern Creekshell SR - S3 G4 losa vaughaniana Carolina Creekshell SC FSC S2 G2 '.-scalar Plant Anemone caroliniana Prairie Anemone C - S1 G5 ter georgianus ,ter mirabilis Georgia Aster Piedmont Aster T C FSC S2 S2 G2G3 G2G3 idecatheon meadia var meadia Eastern Shooting Star SR S2 G5T5 Echinacea laevigata Smooth Coneflower E-SC LE S1 G2 phalium helleri var helleri a Heller's Rabbit Tobacco SR - S2? G4G5T3? 01 ianthus schweinitzii Schweinitz's Sunflower E LE S2 G2 tus helleri Carolina Birdfoot-trefoil C FSC S3 G3 Silphium perfoliatum Northern Cup-plant SR - S1 G5 Ilphium terebinthinaceum Prairie Dock C - S2 G4G5 tural Community Basic Oak--Hickory Forest - - - S3 G4 sic Mixed Hardwood Forest - - - S4 G5T5 iedmont Subtype) I edmont/Low Mountain Alluvial . - - - S5 G5 corest land Depression Swamp Forest S2 G3 ric Hardpan Forest - - - S3 G3G4 _.pecial Animal Habitat Wading Bird Rookery - - - S3 G5 lecklenburg-Historic rtebrate Animal i ndylura cristata pop 1 Star-nosed Mole - Coastal Plain SC - S2 G5T2Q population Invertebrate Animal lasmidonta robusta Carolina Elktoe EX - SX GX asmigona decorata l Carolina Heelsplitter E LE S1 G1 Vascular Plant emone berlandieri Southern Anemone C - S1 G4? t aptisia albescens Thin-pod White Wild Indigo SR - S2 G4 a trychium jenmanii Alabama Grape Fern SR - Sl G3G4 Cardamine dissecta Dissected Toothwort C - S2 G4? arex projecta Necklace Sedge C - S1 G5 irsium carolinianum Carolina Thistle C - S1 G5 elphinium exaltatum - Tall Larkspur E-SC FSC S1 G3 besmodium sessilifolium Sessile Tick-trefoil C - SH G5 Ifexalectris spicata Crested Coralroot SR - S2 G5 soetes virginica Virginia Quillwort C FSC SRD G1 us michauxii Michaux's Sumac E-SC LE S2 G2 Solidago rigida ssp glabrata Southeastern Bold Goldenrod SR - S2 G5T4 nvascular Plant Lo achithecium perpusillum Budding Tortula C - S1S2 G3? rir0cklenburg-obscure tebrate Animal Cyprinella zanema pop 1 Santee Chub - Piedmont population SR - S3 G3T3Q NC NATURAL HERITAGE PROGRAM, DIVISION OF PARKS AND RECREATION, DENR January 2000 I t 14AL rMKt 1 - UJI, MUUKA`t (;QUv FY STATUS LIST COVER SHEET county status list of the NC Natural Heritage Program is a istine of the elements of natural diversity rare ?last and ::r,::-_: exemplary natural communities, and special animal habitats) known to occur in all North Carolina counties. The z1ation on which this list is based comes from a variety of sources, including held surveys, museums, herbaria, scientific i...ure, and personal communications. This list is dynamic, with new records continually being added and old records being as new information is received. As a result, the enclosed list cannot be considered a definitive record of natural ::eritage tfncs present in a given county and should not be used as a substitute for field surveys. nen this information is used in any document, we request that the date this list was compiled be given and that the NC Nam.-ni 1ge Program be credited. PATE STATUS JE STATUS CODE STATUS Endangered SR Significantly Rare Threatened EX Extirpated C? Special Concern D De-listed Candidate P_ Proposed (E, T, SC, EX or D) statuses are determined by the Plant Conservation Program (NC Department of Agriculture) and the Natural Heritage 'L., ram (NC Department of Environment and Natural Resources). E. T, and SC species are protected by state law (Plant 'rotection and Conservation Act, 1979). C and SR designations indicate rarity and the need for population monitoring and It?ervation action. Note that some plants have a double status (e.g., E-SC, indicates that while the plant is endangered, it is t cted or sold under regulation). See the Natural Heritage Program List of the Rare Plant Species of North Carolina for further skplanation of these statuses. mal statuses that indicate state protection (E, T, and SC) are published in Endangered Wildlife of North Carolina, -larch 16. 1', Nongame and Endangered Wildlife Program (NC Department of Environment and Natural Resources). SR and EX smcuses Natural Heritage Program designations. SR indicates rarity and the need for population monitoring and conservation action. the Natural Heritage Program List of the Rare Animal Species of North Carolina for further explanation of these statuses. FEDERAL STATUS se statuses are designated by the US Fish and Wildlife Service. Federally listed Endangered and Threatened species are itttected under the provisions of the Endangered Species Act of 1973, as amended through the 100th Congress. Unless otherwise noted, definitions are taken from the Federal Register, Vol. 56, No. 225, November 21, 1991 (50 CFR Part 17). kDE STATUS DEFINITION " c Endangered . A taxon "in danger of extinction throughout all of a significant portion of its range. . T Threatened A taxon "likely to become an endangered species within the foreseeable future throughout all of a significant portion of its range." Candidate A taxon under consideration for which there is sufficient information to support listing. This categor} was formerly designated as a Candidate 1 (Cl) species. C Federal "Species of Concern" (also called "Species at Risk"). Formerly defined as a taxon under consideration for which there is insufficient information to support listing; formerly designated as a Candidate 2 (C2) species. Currently, the US Fish and Wildlife Service does not recognize this as an (S/A) official designation. Threatened due to Similarity of Appearance. The Endangered Species Act authorizes the treatment of a species (subspecies or population segment) as threatened even though it is not otherwise listed as threatened if: (a) The species so closely resembles in appearance a threatened species that enforcement personnel ' would have substantial difficulty in differentiating between the listed and unlisted species; (b) the effect of this substantial difficulty is an additional threat to a threatened species; and (c) such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of the Act. The American ' Alligator has this designation due to similarity of appearance to other rare crocodilians. The Bog Tur.e (southern population) has this designation due to similarity of appearance to Bog Turtles in the threatened northern population. 1D Species has been proposed for de-listing. MAL AND STATE R,\NKS slanks are determined by The Nature Conservanc;:'s svstert of measuring rarity and threat status. "Global" refers :o i-vide ranks and "State" to statewide ranks. RANK DEFINITIONS Critically imperiled in North Carolina because of extreme rarity or othervise very vulnerable to extirpation to the state. Imperiled in North Carolina because of rarity or otherwise vulnerable to extirpation in the state. Rare or uncommon in North Carolina. Apparently secure in North Carolina, with many occurrences. Demonstrably secure in North Carolina and essentially ineradicable under present conditions. Accidental or casual; one to several records for North Carolina, but the state is outside the normal range of the species. i' Of historical occurrence in North Carolina, perhaps not having been verified in the past 25 years, and suspected to be still extant in the state. Reported from North Carolina, but without persuasive documentation for either accepting or rejecting the report. Believed .to be extirpated from North Carolina. . Possibly in peril in North Carolina, but status uncertain; more information is needed. ? Unranked, or rank uncertain. Rank of breeding population in the state. Used for migratory species only. J Rank of non-breeding population in the state. Used for .migratory species only. ;Z Population is not of significant conservation concern; applies to transitory, migratory species. JOBAL RANK DEFINITIONS 31 Critically imperiled globally because of extreme rarity or otherwise very vulnerable to extinction throughout its range. Imperiled globally because of rarity or otherwise vulnerable to extinction throughout its range. Either very rare and local throughout its range, or found locally in a restricted area. L Apparently secure globally, although it may be quite rare in parts of its range (especially at the periphery). Demonstrably secure globally, although it may be quite rare in parts of its range (especially at the periphery). F Of historical occurrence throughout its range. Believed to be extinct throughout its range. GU Possibly in peril, but status uncertain; more information is needed. Unranked, or rank uncertain. U Of questionable taxonomic status. u T Status of subspecies or variety; the G rank refers to the species as a whole. ,;DDITIONAL DEFINITIONS dements within a county are subdivided into "Current", "Historic", or "Obscure" records. Current record: the element was last observed in the county at most 20 years ago. Historic record: the element was last observed in the county more than 20 years ago. In a few cases, the element was ' observed within the past 20 years, but is now believed to be absent from the county. Obscure record: the date the element was last observed in the county is uncertain. NOTE: Scientific and common names listed in parentheses are synonyms listed in US Fish and Wildlife Service, 1992, Endangered land Threatened Species of the Southeastern United States (The Red Book). 1 PROGRAM. DIVISION OF PARKS AND RECREATION. DENR Januar•. 2000 NC NATURAL HERITAGE Worksheet Worksheet for Trapezoidal Channel ' Project Description Worksheet Bio-engineering Li Flow Element Trapezoidal Chan Method Manning's Fonnui Solve For Discharge Input Data Mannings Coeffi .045 Slope 1.50 % Depth 3.50 ft Left Side Slope 1.00 H : V Right Side Slope 1.00 H : V Bottom Width 1.00 ft Results Discharge 370.79 cfs Flow Area 50.7 fN Wetted Perim 20.90 it Top Width 18.00 It Critical Depth 2.98 It Critical Slope 2.62 % Velocity 7.31 ft/s Velocity Head 0.83 it Specific Ener 4.33 it Froude Numb 0.77 Flow Type ubcritical Project Engineer. Steven Canter c:\haestad\fmw\meridian dr. shear stress City of Charlotte FlowMaster v6.0 [614b] 06/30/00 11:13:32 AM © Haestad Methods, inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 i 1 Curve Plotted Curves for Trapezoidal Channel Project Description Worksheet Bio-engineering Li Flow Element Trapezoidal Chan Method Manning's Formul Solve For Discharge Input Data Mannings Coeffi .045 Slope 1.50 % Left Side Slope 1.00 H : V Right Side Slope 1.00 H : V Bottom Width 1.00 ft Attribute Minimum Maximum Increment Depth (ft) 2.00 4.00 0.25 Worksheet: Bioengineering Limits 8.0 Velocity vs Depth ------------------------------ 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 I 1 1 I 1 I 1 , 1 1 1 I 1 1 1 I I I 1 7.5 -----------------=- --------------- I ------------------'------ ----------' - - 1 I I 1 I '1 I 1 1 1 1 I 1 - - - - 1 1 1 I I 1 1 1 I i 1 I 1 I I UN 6.5 ---------I i ----1 ----i A` I 1 1 I > 1 1 I I 1 I 1 I 1 1 6.0 ------I 1 1 1 I 1 I I I 1 , i 1 1 I I ? 1 ------------------ ____! ----------------- ------------------ 1 1 1 1 , 1 I, I , 1 1 I I I 1 1 1 I Project 5.5 - - - - - - - - - - - - Engineer. Steven Canter c:\haestad\fmw\meridian dr, shear stress City of Charlotte FlowMaster v6.0 [614b] 06130/00 11:20:45 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 5.01 1 1 2.0 2.5 3.0 3.5 4.0 Depth Curve ' Plotted Curves for Trapezoidal Channel Project Description Worksheet Bio-engineering Li Flow Element Trapezoidal Chan Method Manning's Formul Solve For Discharge 1 ?J Input Data Mannings Coeffi .045 Slope 1.50 % Left Side Slope 1.00 H : V Right.Side Slope 1.00 H : V Bottom Width 1.00 ft Attribute Minimum Maximum Increment Depth (ft) 2.00 4.00 0.25 Worksheet: Bio-engineering Limits 500.0 ----------------------------- Discharge vs Depth 1- - - - - - - - - - - - - - - - - 1 ------------------ I 1 I 450.0 1 1 1 - 1 1 1 1 1 1 I I I 1 i I I 1 1 400.0 - 1 1 1 1 1 1 I 1 I 1 1 1 1 1 350.0 - 1 I 1 1 1 1 1 1 1 1 1 I L. ?` I I I 1 I I 1 zw 300.0 -----I---------------- - 1 1--- -------------- ?-----------------? N v I I Q 1 I I 1 250.0 - . I 1 1 1 1 1 I 1 1 I I i 1 1 1 200.0 - I I 1 1 1 1 1 I I I I I I 1 1 150.0 - _ 1 1 1 1 I 1 1 I 1 I I 1 1 I 1 1 I 1 1 100.0 2.0 2.5 3.0 Depth 3.5 4.0 Project Engineer. Steven Canter c:\haestad\fmw\meddian dr. shear stress City of Charlotte FlowMaster v6.0 (614b] 06/30/00 11:13:53 AM ® Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 U HK t.Nb1lttKiIVW VtV I I-aX: fU4,5, bbbRZ lei cc 0 lagnocco,Michael From: John Domey Uohn.domey@nc=fl.netl Sent: Thursday, SepWimber 28, 200010:29 AM To: Iagnocco,Michael Subject: Re: Certification Fees no fee unless we decide that it does not fit the general say "show me the money!". "iagnocco,N ichael" wrote: UCt IV 'UU lb:6b V. UZ Page 1 of 1 Dvi W', in which case we will wxjte and Hey John! hope you're beginning to feel better ...we are corppleting a NWP 13 application that involves < 500 If hard structures but hard structures on > 1 0 If...as I understand it, DWO only requires nofficatlon in this Instance (no written coneurren required).-Weill you require an certifrcafion fee?? I presume that if you do it will be of the "ior variety... thanks for your help-hang in there... i Michael A. Iagnocce (ihn YAH koh) Sr. Scientist Law Engineering & Environmental Services, Inc. 2801 Yorkmont Road Charlotte, North Carolina 28208 Phone: (704) 357-8600 ext. 5543 Pax: (704) 357-1622 E-Mail: naiagnocalawco.eom i ?Ohrt? Per your a lma; I CahoVe? v-?e cl. d nod- tncA.udg ? check- become. ?e ba.?1k- sFabi ?iza?`? prDsec-?- inUa I?eS ?. S oo I-9- 6- C."YYlcvr?? 9/28/00 1 l ,/ S??N L ?C.V?P.uJ -A--. 1 t 1 I w r s 1 September 26, 2000 Mr. Steve Chapin U.S. Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, NC 28801 001304 Subject: Pre-Construction Notification for Nationwide Permit No. 13 City of Charlotte Storm Water Services Kendall Drive Streambank Stabilization Charlotte, North Carolina CSWS Project No. 671-00-006 Dear Mr. Chapin: On behalf of the City of Charlotte Storm Water Services (CSWS), enclosed please find a completed Joint Form with accompanying figures for a Nationwide Permit (NWP) No. 13 in the above-referenced streambank stabilization project (Attachment A). CSWS has retained Law Engineering and Environmental Services, Inc. (LAW) to provide permitting services for this project. This submittal is the product of a cooperative effort between CSWS and LAW. The limits of the project begin near the intersection of Kendall Drive and Twinfield Drive, and extend west approximately 890 linear feet (If) behind properties located at 2519 to 2727 Kendall Drive and 2701 to 2515 Abelwood Road in Charlotte, North Carolina (Attachment B - Figure 1). Since the proposed project will result in bank stabilization activities in excess of 500 feet in length, this pre-construction notification (PCN) is being provided in accordance with the U.S. Army Corps of Engineers (USACE) general conditions for NWP No. 13 (Bank Stabilization). Background CSWS has proposed the Kendall Drive streambank stabilization project located on an unnamed tributary to Stewart Creek. The proposed streambank stabilization project site is located within the University Park neighborhood in Charlotte, North Carolina, approximately 1,800 feet southwest of the Beatties Ford Road (SR 2074) and Interstate 85 (I-85) intersection (Attachment B - Figure 1). The proposed project is bound to the north by residences on Kendall Drive and to the south by residences on Abelwood Road. The proposed project involves approximately 940 if r e H I Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 of streambank stabilization primarily on the north side of the stream (approximately 890 If), as the streambank has become steep due to channel incision. Additionally, work will be done along one property on the south side of the channel (approximately 50 If) located toward the lower reach of the project. Erosion in these areas is critical because structures are in jeopardy of collapse and/or the banks are not stable. The channel has incised to bedrock causing vertical banks and failure of existing retaining walls. In addition, the subject stream has become burdened with urban debris. Stabilization will be accomplished using a combination of soil bioengineering (approximately 490 If), soil bioengineering with rock toe (approximately 200 If), and gabions (approximately 250 If). Approximately 50 if of streambank within the proposed project limits is not anticipated to require stabilization. No excavation will take place except for the sloping back of channel banks, thus widening the channel at the top of the bank. The depths and widths of the channel bed will not be altered. The watershed contributing to this portion of the unnamed tributary is approximately 150 acres, and area land use is predominately single- family residential (Attachment B - Figure 2). Property owners adjacent to the subject stream have agreed to temporary easements for site access. Temporary impacts to personal property will be repaired and restored. The eroding streambank at the above-mentioned locations is causing damage to public and personal property as well as jeopardizing public safety and promoting the continued degradation of the stream environment and riparian habitat. The eroding streambank must be stabilized to address these problems. CSWS is serving as the lead designer of the proposed streambank stabilization project, and the proposed project is scheduled to begin in Fall 2000 upon approval from the USACE. Jurisdictional Waters of the U.S. t The principal surface water feature proximal to the project area is Stewart Creek. Stewart Creek, located approximately 1,000 feet from the western boundary of the project area, flows south to its confluence with Irwin Creek. The National Wetlands Inventory (NWI) Map [U.S. Fish and Wildlife Service (USFWS), 1991] indicates that Stewart Creek is a riverine wetland (R2UBH). Stewart Creek is further described as a permanently flooded, lower perennial stream, with an unconsolidated bottom. The subject channel targeted for streambank stabilization is an unnamed tributary to Stewart Creek. 2 Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 Jurisdictional areas proximal to the anticipated construction limits of the proposed project include approximately 940 if of jurisdictional waters of the U.S. Field reconnaissance conducted by LAW revealed that no wetlands are present within the proposed project limits. The subject stream flows west to its confluence with Stewart Creek. The subject stream is a perennial channel and has average widths of 15 to 20 feet (measured from top of bank to top of bank) and a channel bottom of four to six feet with a sand, cobble, and bedrock substrate. Riparian vegetation associated with this stream includes box elder (Acer negundo), black willow (Salix nigra), silver maple (Acer saccharinum), slippery elm (Ulmus rubra), American sycamore (Platanus occidentalis), poison ivy (Rhus radicans), and blackberry (Rubus fructicosus). Photographs of the existing stream reach are included in Attachment C. Cultural Resources and Protected Species A letter was forwarded to the State Historic Preservation Office (SHPO), dated June 16, 2000. Correspondence from the SHPO, dated July 19, 2000, revealed no properties of architectural, historic, or archaeological significance within the project area that would be affected by the project (Attachment D). Correspondence was forwarded to the USFWS, dated June 16, 2000, to determine the presence of any federally-listed or state-listed endangered or threatened species, candidates proposed for listing as endangered or threatened species, or of critical habitat in the proposed project permit area (Attachment E). No response has been received from USFWS as of September 25, 2000. Correspondence was also forwarded to the North Carolina Natural Heritage Program (NCNHP), dated June 16, 2000, to determine the presence of any federally-listed or state-listed or candidate endangered or threatened species or critical habitat within the permit area of the proposed protect. Correspondence from the NCNHP dated July 7, 2000 indicates that there no known records of listed protected species in the vicinity of the project (Attachment F). However, the NCNHP database indicates that there are seven federally and/or state endangered species that may occur in Mecklenburg County, namely the bald eagle (Haliaeetus leucocephalus), Carolina heelsPlitter (Lasmigona decorata), Georgia aster (Aster georgianus), tall larkspur (Delphinium exaltatum), smooth coneflower (Echinacea laevigata), Schweinitz's sunflower (Helianthus Kendall Drive Streambank Stabilization Project - NWP,'Vo. 13 September 26, 2000 CSWS Project No. 671-00-006 schweinitzii), and Michaux's sumac (Rhos michauxii). Correspondence with NCNHP did not reveal any records of known rare species, high quality natural communities, or significant Natural Heritage Areas occurring within a one-mile radius of the subject property (Attachment F). LAW's initial on-site field investigation, conducted on June 7, 2000 to determine the presence of suitable habitat for the aforementioned protected species, revealed that none had a likelihood of occurring within the project area. Limited "open, full sun" habitat preferred by the Schweinitz's sunflower occurs in the project area. However, these areas are largely disturbed by regular mowing and other lawn maintenance activities. Schweinitz's sunflower has an affinity for heavy clay basic soils such as Enon, Iredell, or Cecil soils. Cecil-urban soils dominate the project area, further decreasing the likelihood of the presence of Schweinitz's sunflower within the proposed project area. Occurrences of the Carolina heelsplitter have not been documented in the portion of the Catawba River Basin in which the subject property is located (USFWS, 1996)1. Additionally, the preferred mud, muddy sand, or muddy gravel substrate is not present. The subject site does not provide suitable foraging, nesting or roosting habitat for the bald eagle. Michaux's sumac has been extirpated from Mecklenburg County (USFWS, 1993)2. The preferred habitat of the Georgia aster (open woods and roadside areas) and smooth coneflower (meadows and woodlands) does not exist in the project area. As the project will largely be confined to the banks of the stream, the streambank stabilization project is not likely to impact protected species. Alternatives/Minimization Several alternatives were considered for the proposed streambank stabilization project. Among the options considered were the use of soil bioengineering with and without rock toe methods, and the use of gabions, both in conjunction with the removal of urban debris from the subject U.S. Fish and Wildlife Service (USFWS), 1996, Revised Technical/Agency Draft Carolina Heelsplitter Recovery Plan, Atlanta, GA, 47 pp. ' USFWS, 1993, Endangered and Threatened Species of the Southeastern United States (The Red Book), Region Four. 4 u Kendall Drive Streambank Stabilization Project - NWP No. 13 CSWS Project No. 671-00-006 September 26, 2000 stream. A no-action alternative was also considered for the proposed streambank stabilization project. The eroding streambank will be stabilized via Priority IV restoration (Rosgen, 1997)3. Priority IV restoration is typically implemented where urban constraints limit restoration alternatives. Priority IV stabilization methods are used to decrease bed and streambank erosion, often through the use of concrete, gabions, boulders, and bioengineering methods. The land needed for such improvements is minimal, making Priority IV restoration additionally ideal for the proposed project as urban constraints (i.e., close proximity of residences) serve as the primary restricting factor for other alternatives such as Priority I, II, and III restorations. Priority IV restoration was concluded to be the recommended alternative for the proposed streambank stabilization project. Soil bioengineering is a fairly unintrusive, non-invasive technique that utilizes plants to re- establish natural streambank protection that has been damaged or lost by erosion. While soil bioengineering is generally the most desired streambank stabilization method with regards to aquatic and wildlife habitat, the use of vegetation to stabilize all of the streambank is not feasible due to high and steep vertical banks located along the project corridor. Gabions are rock-filled baskets or cages through-planted with live stake materials used to build a support or an abutment where erosion poses a threat or is a problem. This technique offers sturdy support and enforcement and is feasible in that it meets the mechanical needs of the channel. While the use of gabions provides a solution to the eroding streambank problem, installation results in short-term impacts to stream habitat, including the suppression of vegetation from the streambank. While each method does provide positive benefits, the exclusive use of soil bioengineering or the exclusive use of gabions are not feasible/desirable options for the above-mentioned reasons. However, using a combination of the techniques provides a feasible, reasonable alternative for 3 Rosgen, D.D.L., 1997, "A Geomorphic Approach to Restoration of Incised Rivers", Proceedings of the Conference on Management of Landscapes Disturbed by Channel Incision. 5 u Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 the Streambank stabilization project. A Project Construction Plan is shown in Attachment B - Figure 3. Vegetation will be used throughout the project, although possibly in combination with other materials (i.e., rock toe or gabions). Restoring and improving the streambank corridor with vegetation will provide for wildlife habitat enhancement, will ultimately shade the stream to benefit aquatic habitat, and will also provide aesthetic benefits. It is anticipated that soil bioengineering without rock toe can be used where the exclusive use of vegetation is a feasible option, i.e., where the streambank is shallow, slopes are gradual, and bed materials at the toe are stable (e.g., hardpan or bedrock is present). Based on existing site information, it is anticipated that approximately 490 if of the 690-If total designated for soil bioengineering solutions will not require the use of a rock toe. Soil bioengineering will be used in all areas that provide adequate room for bank slope. Bank slopes will generally be in the 1:1 to 1.5:1 range. This will minimize the amount of space needed and maximize the use of soil bioengineering. The soil bioengineering technique that will be used for this project will consist mostly of live staking, with some fascines. The plant materials generally used for this type of work are silky willow (Salix sericea), silky dogwood (Corpus amonium), elderberry (Sambucus canadensis), Virginia willow (Itea virginica), and coralberry (Symphoricarpos orbiculatus). Rock will be used to armor approximately the bottom two feet of the streambank in areas where shear stresses exceed the capabilities of the vegetation-only soil bioengineering technique and in areas where bedrock is exposed/substrate at the toe is unstable (Attachment B - Figure 4). Vegetated gabions have been targeted to replace failing retaining walls along the adjacent portions of the streambank that are suffering from severe erosion, particularly in areas where vertical banks exist. Gabions can be easily utilized in areas where space is limited, such as in urban neighborhoods where dwellings are located close to the stream channel. Gabions are necessary since sloping of the bank is not possible due to the close proximity of single-family dwellings. Approximately 250 If of streambank will be stabilized with gabions (Attachment B - Figure 5). The use of gabions on vertical banks will provide a sturdy support to prevent the streambank from eroding further. 6 F? t J t 1 Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 Project construction will begin at the upstream project limit and will proceed to the downstream project limit. All work will take place from the top of the bank to the stream channel, and construction vehicles will not be driven into the stream. A no-action alternative was also considered for the project. As discussed earlier, the proposed streambank stabilization is needed to address erosion and pollution of the streambank and its associated affects on adjoining land and to provide for public safety. As a result, the no-action alternative was eliminated from further consideration since it does not appear to be feasible given the projected problems that will continue to arise from streambank erosion. The no-action alternative will allow existing stream and streambank conditions to continue to degrade in the project area, further threatening public property and structures. The use of Priority IV-type restoration methods, soil bioengineering and gabions, in conjunction with debris removal, is the preferred and recommended alternative for the proposed streambank stabilization project. Stabilization is expected to be accomplished by stabilizing approximately 690 If of streambank through the use of soil bioengineering solutions (approximately 200 If with rock toe and approximately 490 if without rock toe) and stabilizing approximately 250 if of streambank through the use of vegetated gabions. It is anticipated that approximately 50 If of the streambank located within the project limits is currently stable and will, therefore, not require stabilization. As mentioned, the majority of the streambank stabilization will utilize the soil bioengineering technique as it is the least invasive and provides wildlife and aquatic habitat along the stream corridor. In addition, all of the streambank stabilization will utilize vegetation in order to enrich the stream corridor with additional habitat. As part of the channel maintenance program, CSWS will monitor, through visual observation, the success of the stabilization project. Proposed Impacts to Jurisdictional Waters Due to the necessary utilization of hard structures (rock toe and gabions), the proposed Kendall Drive streambank stabilization project will result in unavoidable impacts to approximately 450 if of waters of the U.S. These unavoidable impacts, resulting from soil bioengineering coupled with rock toe (approximately 200 If) and the use of gabions (approximately 250 If), have been minimized to the maximum extent practicable and are necessary for the stabilization of the 7 Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 eroding streambank. The remaining 490 If of Streambank stabilization will solely utilize bio- engineering. It is anticipated that impacts to jurisdictional waters of the U.S. associated with the Kendall Drive streambank stabilization project will be permitted under NWP No. 13 - Bank Stabilization designated for stabilization activities necessary for erosion prevention. The proposed streambank stabilization project is necessary in order to protect property owners and structures, as well as to enhance the natural benefits of the waterway. Left in its current state, the eroding streambank will affect public safety causing damage to personal properties and potentially damaging private infrastructure, including buildings, and will perpetuate the continued degradation of the stream environment and riparian habitat. The proposed project will help to satisfy CSWS's goal of maintaining and improving area storm-water systems in the interest of the community, wildlife, and natural resources. The completion of this project will result in positive impacts to the streambank and channel, to surrounding properties, and to aquatic and wildlife habitat. Regulatory Implications The project design complies with the conditions of Section 401 General Certification (GC) for a project eligible for NWP No. 13, effective November 22, 1999. Written concurrence from the DWQ is not required as the proposed stream impacts associated with hard structures (i.e., gabions and rock toe segments) of the proposed streambank stabilization project do not exceed 500 if in length. However, in accordance with the GC, DWQ will be notified. In accordance with the GC, methods of streambank stabilization, such as bioengineering, are preferred rather than the installation of riprap along extensive stretches of streambank. As stated, rock will only be utilized in areas where unstable subsurface material exists and/or in areas where sheer stresses exceed the capabilities of the vegetation-only soil bioengineering technique. Sheer stress calculations are attached (Attachment G). Rock will be of appropriate size so as to not be able to be carried off by wave or current action and will consist of clean rock or masonry material free of debris or toxic pollutants. Appropriate sediment and erosion control practices, which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or "North Carolina Surface Mining Manual, whichever is more appropriate, will be L? Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 utilized to prevent exceedances of the appropriate turbidity water quality standard. Additionally, all sediment and erosion control measures placed in waters will be removed and the natural grade restored after the Division of Land Resources or delegated local program has released the project. Per the GC, additional site-specific conditions may be added to the proposed project in order to ensure compliance with all applicable water quality and effluent standards. All nationwide and regional conditions for NWP No. 13 will be met by the CSWS design and adhered to by CSWS's contractors. 1 Compensatory Mitigation Completion of the streambank stabilization project, including soil bioengineering with rock toe and gabions, will result in impacts to approximately 450 If of stream channel. The remaining 490 If of streambank stabilization will be completed through the use of soil bioengineering techniques. Mitigation is not being proposed as a part of this project since proposed actions are self-mitigating and completion of the project is expected to result in substantial improvements to the aquatic and riparian ecosystem. North Carolina Environmental Policy Act Documentation The proposed Streambank stabilization project involves standard maintenance/repair activities through the CSWS maintenance program, which was established in 1993 to address storm-water drainage problems throughout the city. The streambank stabilization project does not involve channel disturbance consisting of hard structures to greater than 500 if of perennial stream channel, and therefore does not require the preparation of an Environmental Assessment (EA) in accordance with State Environmental Policy Act (SEPA) guidelines and as required by the North Carolina Division of Water Quality (DWQ). 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 Closing Your prompt decision in this matter and corresponding processing of this permit will be greatly appreciated. Three copies of this permit application have been forwarded to DWQ for notification. Please do not hesitate to call Mary C. Murray at 704-336-4588, if you have any questions. Sincerely, CHARLOTTE STORM WATER SERVICES ry1C ichael A. Ia no o Mary C y Permit Administrator Law Enginee ng and Environmental Services, Inc. Senior Environmental Scientist MCM:MAI Jlp Enclosures: Attachment A - Joint Form - Nationwide Permit No. 13 Attachment B - Figures Attachment C - Photographs Attachment D - SHPO Correspondence Attachment E - USFWS Correspondence Attachment F - NCNHP Correspondence Attachment G - Sheer Stress Calculations cc: Mr. John Dorney, DWQ 10 1 0010304 DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 13 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE N.C. DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF WATER QUALITY (SEE AGENCY ADDRESSES ' SHEET). PLEASE PRINT. 1. OWNERS NAME: City of Charlotte Storm' Water Services 2. MAILING ADDRESS: 600 East Fourth Street 14th floor SUBDIVISION NAME: N/A CITY: Charlotte STATE: NC ZIP CODE: 28202 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): The subject stream is located behind residences located at 2519 to 2727 Kendall Drive and 2515 to 2701 Abelwood Road in Charlotte North Carolina in the University Park nei¢hborhood - ' POC: Ms Mary C. Murray Permit Administrator 3. TELEPHONE NUMBER (HOME): N/A (WORK): (704) 336-4588 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: ' POC: 4a. TELEPHONE NUMBER (WORK): (FAX): ri [l LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): See Attachment B - Figure 1 COUNTY: Mecklenburg NEAREST TOWN OR CITY: Charlotte SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): The project site is located approximately 1.800 feet southwest of the Beatties Ford Road (SR 2074) and Interstate 85 intersection The subject stream is located behind residences located at 2519 to 2727 Kendall Drive and 2515 to 2701 Abelwood Road in Charlotte North Carolina in the University Park neighborhood The project will start near the intersection of Kendall Drive and Twinfield Drive. IMPACTED OR NEAREST STREAM/RIVER: Stewart Creek RIVER BASIN: Catawba 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ? NO ® IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ?NO 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES ?NO ®IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: Approximately 150 acres contributing watershed (Attachment B - Figure 2) 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: No wetlands present on site 2 I Oa. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0 acres IOb. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: N/A LINEAR FT. AFTER N/A LINEAR FT. WIDTH BEFORE (based on normal high water contours): 4-6 FT. WIDTH AFTER: 4-6 FT. AVERAGE DEPTH BEFORE: 4-6 FT. AFTER: 4-6 FT. ' (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: ? PLACEMENT OF PIPE IN CHANNEL:? CHANNEL EXCAVATION: ? CONSTRUCTION OF A DAM/FLOODING: ? ' OTHER: Streambank stabilization to be accomplished using a combination of soil bioengineering with rock toe (200 linear feet) and gabions (250 linear feet). The total streambank stabilization will result in impacts to approximately 450 linear feet (if) of perennial/important stream channel. 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8'/2" X 1 I" DRAWINGS ONLY): The proposed streambank stabilization proiect includes plans for the stabilization of approximately 940 if of streambank (490 if of bioengineering, 200 if of bioengineering with rock ' toe 250 If of gabions) Attachment B - Figures 3 through 5 illustrate project construction plans as well as typical construction details. Trackhoe trucks, and handwork will be used for construction activities. L 13. PURPOSE OF PROPOSED WORK: To protect public safety and property and to enhance the natural and beneficial functions of the waterways and their associated riparian corridors, City of Charlotte Storm Water Services (CSWS) has an obligation to the communities of Charlotte to maintain and improve area storm-water systems. Keeping with their commitment to Charlotte communities CSWS has proposed a 940-If channel stabilization proiect located on an unnamed tributary of Stewart Creek within the University Park neighborhood. Residences located at 2519 to 2727 Kendall Drive are located within 10 to 15 feet of the top of the channel bank and are the source of most of the Service Requests received by CSWS for this proiect. The need for the proiect is based on the severity of the erosion along the streambank at these locations. This streambank has become steep due to channel incision. The channel has incised to bedrock ' causing vertical banks as well as the failure of existing retaining walls. The eroding streambank is causing a threat to property owners jeopardizing public safety, and degrading the quality of the waterway. To help property owners as well as to enhance the natural benefits of the waterway CSWS has proposed the stablization of this streambank through the use of soil bioengineering solutions (with and without rock toe) in addition to gabions. Additionally, pollution-causing debris such as clothing trash and bicycles will be removed from the stream. Without the proposed improvements erosion and pollution will continue to be a problem. Left in its current state the eroding streambank will affect public safety causing damage to personal properties and potentially damaging private infrastructure including buildings. Additionally, allowing the continued erosion of the streambank will perpetuate the continued degradation of the stream environment and riparian habitat. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): See # 13 above Since no wetlands are located within the proposed project vicinity, no wetlands will be impacted Streambank stabilization work to be carried out from the top of the streambank. r"1 L.? LJ F 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: June 16, 2000 (ATTACH RESPONSES FROM THESE AGENCIES.) Letter forwarded by LAW, dated June 16, 2000, certified mail (Attachment E) - return receipt confirmed. No response as of September 26, 2000. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: June 16, 2000 Letter forwarded by LAW, dated June 16, 2000, certified mail - return receipt confirmed. Response, dated July 19, 2000, indicated no concern. See Attachment D. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? 1 YES ® NO ? (IF NO, GO TO 18) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES ? NO ? N/A IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 5 E ' 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29 AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. See Attachment B -Figure 3 b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. N/A (See Attachment C for photographs of stream to be impacted) ' c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A d. ATTACH A COPY OF THE STORM WATER MANAGEMENT PLAN IF REQUIRED. N/A e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Single family residential f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ' ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. ?? D lv OZ7 C . 24LAA? z OWNE /AGENT'S SIGNAT DATE ' (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM ' THE OWNER IS PROVIDED (18G.)) 6 --t • Life Temple ? (20941 \ Ir 7 + •' ?I !?. Tzo'i.v. Lakes 768' t- Q Radio T hr 1 ? (WAM ' . ew East SEOtrc+ , u ?? - = Ne% Z Ch a Tr •iI?I. 790b1ew -=- ` ' 1 `? 209A 1 78? `) (iMC'`IC<[STER?(, 1 °R n, 31? J, 76 Of. Prince of PexL A, r 1??.`f- ,r ?? tt•\ ) I?,'•'lI\ ? e°/?? .?, \?-l?l?•w,taon?x_ughr_clJt -l \ J ?s / t -- 735 ? ??,?,'?? l'1• ¦ )VIII fl '? 1 , _ ??1 - ,,r ;r L '; ?/( 111s-?ii? • -c.? or i e U `: 1. ! ,: 11 I I ?t`}etrfopoTiZun r J A ,1•\\\U' ?' i r _ 0, ?. ?hiitm9D,ty Gh \. • : / - ?' . ?`e r ?./•? vy ys•.i'T _"? t. ?`JiQ lr.(. Wllhmns ? ^?..J ??. 1 ; 1 85 1 ` ?I? rt'? ? Ce_ tell y = . Z t\ ! Jo JJJ High Scl? ; 1 I ?`5 !•??? - (* '? _t: ?!' 1^ Y 1S,r...- ?? •.4 kAl / =t 2e C?tarlotte i / ?1 it. o ?U-i ? xigh Sch Jool ??t' \, y -;.r .. ,.., ? OUi-EST '. ._¦ pI_I, --r' ?\ ?I 1 ,Y•;?II /.; t• \?/ ?" l lid== _-- - sLV ? I -:: ?' 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IIA`Pla F III r s EXPLANATION 2000 1000 0 2000 ri APPROXIMATE CHANNEL LOCATION APPROXRdATE SCALE IN FEET REF: U.S.G.S. 7.5 MINUTE TOPOGRAPHIC MAP OF MOUNTAIN ISLAND LAKE, N.C.; DATED 1972, PHOTOINSPECTED 1983 AND DERITA, N.C. QUADRANGLE, DATED 1972. SITE LOCATION LAW i ENGINEERING AND ENVIRONMENTAL SERVICES KENDALL DRIVE CHANNEL STABILIZATION CHARLOTTE, NORTH CAROLINA CHARLOTTE, NORTH CAROLINA PREPAR D DATE CHEC ED DATE JOB N0. 30100-0-0369 FlGURE 1 BY O(0 (a L ?O/J10?Od I 600 0 600 1200 Feet Legend Stream Kendall Drainage Area Reference: City of Charlotte GIS database, Orthophoto 1997 FIGURE 2 Drainage Area Kendall Drive Channel Improvement Project Charlotte Storm Water Services . Mecklenburg County, NC A 1 1 1 1 1 1 1 1 1 1 1 Typical Bio-engineered Stream bank (For illustrative purposes only) O 3 72 v 3 i 4 -ter Z 'S o n- _y= L ?I 0 Z I? v ? i i • / a--_?- ?_? to-?11 11- L a W C'3 LL. N W V 2 W N W Q 2 O H CO) W F- F- O J 2 Q 2 U } CO D W O O 2 CL W 2 M 0 U. ii W 2 LO "---4 . rA=q Cid Cld V 1 w 0 m w U Q W N S W F- Q 3 0 N W H F- O J S Q S V Y co G W D > O CL W S @3 LL LL W S SP-12 Gabions, Vegetated t i Streambank Stabilization Project - Kendall Drive - NWP No. 13 CSWS Project No. 671-00-006 I T Photograph A. View of subject stream, looking upstream. Note proximity of fence and structures to stream. September 26, 2000 Streambank Stabilization Project - Kendall Drive - NWP No. 13 September 26, 2000 CS WS Project No. 671-00-006 ri 11 n Photograph B. View of eroding streambank. ?dd SU?q ?n North Carolina Department of Cultural Resources State Historic Preservation Office ,dames B. Hunt Jr., Governor etty Ray McCain, Secretary July 19, 2000 Mr. Michael A. Iagnocco LAwGIBB Group 2801 Yorkmont Road, Suite 100 Charlotte, NC 28208 David L. S. Brook, Administrator Division of Archives and History Jeffrey J. Crow, Director Re: Environmental Assessment - Scoping, Kendall Drive/Ablewood Road, Channel Stabilization, I Charlotte, Mecklenburg County, LAW Project No. 30100-0-0369, ER 00-10219 Dear Mr. Iagnocco: Thank you for your letter of June 16, 2000, concerning the above project. We have conducted a review of the project and are aware of no properties of architectural, historic, or archaeological significance which would be affected by the project. Therefore, we have no comment on the project as currently proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763. Sincerely, l .' 'David Brook Deputy State Historic Preservation Officer DB:kgc Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Blount St., Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919) 733-4763 • 733-8653 ARCHAEOLOGY 421 N. Blount St., Raleigh NC 4619 Mail Service Center, Raleigh NC 27699-4619 (919) 733-7342 • 715-2671 RFRTnRATION 515 N. Blount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 27699-4613 (919) 733-6547 • 715-4801 _ _ .? ??con_e?ttt !9101 713-6545 • 715-4801 LAWGI]BBB GROZJI?? ,. > June 16, 2000 I CERTIFIED MAIL RETURN RECEIPT REQUESTED Attention: Mr. Mark Cantrell U. S. Fish and Wildlife Services 160 Zillicoa Street Asheville, North Carolina 28801 Subject: Environmental Assessment - Scoping Kendall Drive/Ablewood Road Channel Stabilization Charlotte, NC LAW Project No. 30100-0-0369, Phase 01 Dear Mr. Cantrell: The City of Charlotte Stormwater Services (CSWS) has retained Law Engineering and Environmental Services, Inc. (LAW) to provide environmental services for the above-identified channel stabilization project. The purpose of this project is to protect private property and improve safety by replacing a failing retaining wall. This scoping letter constitutes solicitation for comments to assist LAW in the identification of environmental concerns and the preparation of an Environmental Assessment (EA) for this project. In order that LAW may fully evaluate and consider any potential effects of the project, we are hereby requesting that you respond in writing concerning any beneficial or adverse impacts relative to the interests of your agency. The project vicinity and location are presented on the attached Figure 1. As indicated in Figure 1, the limits of the project begin at the intersection of Kendall Drive and Twinfield Drive, and extend west behind properties located at 2519 to 2727 Kendall Drive and 2515 to 2701 Ablewood Road. Several residential structures are located within 30 to 50 feet of the existing stream channel. The proposed project involves approximately 940 linear feet (If) of stream bank stabilization of a perennial unnamed tributary of Stewart Creek. Stabilization will be accomplished using a combination of soil bioengineering with rock toe (approximately 640 If) and gabions (approximately 3001f). Gabions will be used to replace and extend a failing retaining wall. Stabilization efforts will target the northern bank only. Project activities will largely occur within the bed and bank of the existing channel. The project reach has a contributing drainage area of approximately 10 acres. The USGS Topographic Maps that cover the project area include Derita and Mountain Island Lake, NC. Land use in the project area is residential. LAW Engineering and Environmental Services, Inc. 2801 Yorkmont Road, Suite 100 • Charlotte, NC 28208 704-357-8600 • Fax: 704-357-8638 Serving the Charlotte area for over 50 years Mr. Mark Cantrell June l6, 2000 Page 2 The proposed stream bank stabilization of the unnamed tributary of Stewart Creek is considered a major activity as it involves over 150 if of stream channel improvement. Subsequently, this stream bank stabilization project requires the preparation of an Environmental Assessment (EA) in accordance with State ' Environmental Policy Act (SEPA) guidelines (I5ANCAC 1C .0504). If you have any questions, please do not hesitate to call Mike Iagnocco at (704) 357-8600 extension 5543. Thank you for your attention to this matter. We appreciate your cooperation with this process. Sincerely, LAW ENGINE Michael A. I Senior Envir Attachment ERING AND ENVIRONMENTAL SERVICES, INC. a o Allen W. Conger, P.W. . onmental Scientist Principal Environmental Scientist J P By?_ WITH PERMISSION NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF PARKS AND RECREATION fDENR July 7, 2000 .! B. HUNT JR. WERNOR Ms. Jennifer Pownall LAW Engineering & Environmental Services, Inc. ILL HOLMAN 2001 Yorkmont Road ElETARY Charlotte, NC 28208 RILIP:K.MCKNELLY -SUBJECT: Rare Species, High Quality Natural Communities, and I TOR Significant Natural Heritage Areas at The Proposed Kendall Drive Channel Stabilization Project Site, Charlotte, Mecklenburg County, North Carolina Dear Ms. Pownall: The NC Natural Heritage Program (NCNHP) does not have a record of rare species, high quality natural communities, state park and recreation areas, or Significant Natural Heritage Areas (SNHAs) at or within a 1.0 mile radius of the proposed Kendall Drive channel stabilization project site, Charlotte, Mecklenburg County, North Carolina. I have enclosed a rare species list for Mecklenburg County. If habitat for any of these species exists at the site, they may be present there. Consultant acquired knowledge of the site habitat should determine if a survey is necessary. Please do not hesitate to contact me at the address below or call me at (919) 715- 8703 if you have any questions or need further information. Sincerely, Susan Reece Giles Information Specialist NC Natural Heritage Program Enclosure r 1615 MAIL SERVICE CENTERi RALEIGH, NORTH CAROLINA 27 699-1 6 1 5 PHONE 919-733-4181 FAX 919-715-3085 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER STATE FED. STATE GLOBAL ZENTIFIC NAME COMMON NAME STATUS STATUS RANK RANK T klenburg-Current tebrate Animal Carpiodes velifer Highfin Carpsucker SC - S2 G4G5 eostoma collis collis Carolina Darter - central SR FSC S3 G3T3 Piedmont population iaeetus leucocephalus pop 1 Bald Eagle E LT S3B,S3N G4T?Q Lanius ludovicianus ludovicianus Loggerhead Shrike SC - S3B,S3N G5T5 tertebrate Animal aenodes marginata a caddisfly SR - S3 G? Villosa delumbis Eastern Creekshell SR - S3 G4 loss vaughaniana Is Carolina Creekshell SC FSC S2 G2 cular Plant Anemone caroliniana Prairie Anemone C - S1 G5 ter georgianus Georgia Aster T FSC S2 G2G3 ter mirabilis I Piedmont Aster C S2 G2G3 decatheon meadia var meadia Eastern Shooting Star SR S2 G5T5 Echinacea laevigata Smooth Coneflower E-SC LE S1 G2 aphalium helleri var helleri Heller's Rabbit Tobacco SR - S2? G4G5T3? lianthus schweinitzii I Schweinitz's Sunflower E LE S2 G2 tus helleri Carolina Birdfoot-trefoil C FSC S3 G3 Silphium perfoliatum Northern Cup-plant SR - S1 G5 Silphium terebinthinaceum Prairie Dock C - S2 G4G5 tural Community Basic Oak--Hickory Forest - - - S3 G4 Mesic Mixed Hardwood Forest - - - S4 G5T5 iedmont Subtype) edmont/Low Mountain Alluvial w S5 G5 rest Upland Depression Swamp Forest - - - S2 G3 ric Hardpan Forest - - - S3 G3G4 tecial Animal Habitat Wading Bird Rookery - - - S3 GS lecklenburg-Historic Vertebrate Animal ndylura cristata pop 1 Star-nosed Mole - Coastal Plain SC - S2 G5T2Q t population Invertebrate Animal lasmidonta robusta Carolina Elktoe EX - SX GX lasmigona decorata Carolina Heelsplitter E LE S1 G1 Vascular Plant emone berlandieri Southern Anemone C - S1 G4? faptisia albescens Thin-pod White Wild Indigo SR - S2 G4 trychium jenmanii Alabama Grape Fern SR S1 G3G4 Cardamine dissecta Dissected Toothwort C - S2 G4? arex projecta Necklace Sedge C - S1 G5 t irsium carolinianum Carolina Thistle C - S1 G5 elphinium exaltatum Tall Larkspur E-SC FSC S1 G3 Desmodium sessilifolium Sessile Tick-trefoil C - SH G5 Hexalectris spicata Crested Coralroot SR - S2 G5 soetes virginica Virginia Quillwort C FSC SRD G1 hus michauxii k Michaux's Sumac E-SC LE S2 G2 olidago rigida ssp glabrata Southeastern Bold Goldenrod SR S2 G5T4 nvascular Plant achithecium perpusillum Mecklenburg-Obscure Vertebrate Animal Cyprinella zanema pop 1 Budding Tortula Santee Chub - Piedmont population SR C S1S2 G3? S3 G3T3Q NATURAL HERITAGE PROGRAM, DIVISION OF PARKS AND RECREATION, DENR January 2000 vl_. NA ? UI'AL tMKI t - UL VHUI RAM (:()UN 1'Y SiTATUS LIST COVER SHEET to county status list of the NC Natural Heritage Program is a listing of the elements of natural diversity rare plant and e s, exemplary natural communities, and special animal habitats) 'mown to occur in all North Carolina counties. The f ation on which this list is based comes from a variety of sources, including field surveys, museums, herbaria, scientific e ure, and personal communications. This list is dynamic, with new records continually being added and old records being Nised as new information is received. As a result, the enclosed list cannot be considered a definitive record of natural heritage Its present in a given county and should not be used as a substitute for field surveys. Then this information is used in any document, we request that the date this list was compiled be given and that the NC Nat-,::_; [-Image Program be credited. TATE STATUS #E STATUS CODE STATUS Endangered SR Significantly Rare r Threatened EX Extirpated Special Concern D De-listed Candidate P Proposed (E, T, SC, EX or D) P t statuses are determined by the Plant Conservation Program (NC Department of Agriculture) and the Natural Heritage P ram (NC Department of Environment and Natural Resources). E, T, and SC species are protected by state law (Plant Protection and Conservation Act, 1979). C and SR designations indicate rarity and the need for population monitoring and c ervation action. Note that some plants have a double status (e.g., E-SC, indicates that while the plant is endangered, it is cected or sold under regulation). See the Natural Heritage Program List of the Rare Plant Species of North Carolina for furher explanation of these statuses. Amal statuses that indicate state protection (E, T, and SC) are published in Endangered Wildlife of North Carolina, March 16, 1 2, Nongame and Endangered Wildlife Program (NC Department of Environment and Natural Resources). SR and EX stances are Natural Heritage Program designations. SR indicates rarity and the need for population monitoring and conservation action. I the Natural Heritage Program List of the Rare Animal Species of !North Carolina for further explanation of these statuses. FEDERAL STATUS ese statuses are designated by the US Fish and Wildlife Service. Federally listed Endangered and Threatened species are Wtected under the provisions of the Endangered Species Act of 1973, as amended through the 100th Congress. Unless othervise noted, definitions are taken from the Federal Register, Vol. 56, No. 225, November 21, 1991 (50 CFR Part 17). DE STATUS DEFLNITION " Endangered A taxon "in danger of extinction throughout all of a significant portion of its range. LT Threatened A taxon "likely to become an endangered species within the foreseeable future throughout all of a Candidate significant portion of its range." A taxon under consideration for which there is sufficient information to support listing. This categor,- was formerly designated as a Candidate 1 (Cl) species. C Federal "Species of Concern" (also called "Species at Risk"). Formerly defined as a taxon under consideration for which there is insufficient information to support listing; formerly designated as a Candidate 2 (C2) species. Currently, the US Fish and Wildlife Service does not recognize this as an ?(S/A) official designation. Threatened due to Similarity of Appearance. The Endangered Species Act authorizes the treatment of a species (subspecies or population segment) as threatened even though it is not otherwise listed as threatened if: (a) The species so closely resembles in appearance a threatened species that enforcement personnel would have substantial difficulty in differentiating between the listed and unlisted species; (b) the effect of this substantial difficulty is an additional threat to a threatened species; and (c) such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of the Act. The American Alligator has this designation due to similarity of appearance to other rare crocodilians. The Bo; Tur:le (southern population) has this designation due to similarity of appearance to Bog Turtles in the threatened northern population. ?PD Species has been proposed for de-listing. ll IL :\ND STATE R:\NKS - anks are determined by The Nature Conservanc;:'s system of measuring rarity and threat status. "Global" refers :o ride ranks and "State" to statewide ranks. ' RANK DEFINITIONS Critically imperiled in North Carolina because of extreme rarity or othervise very vulnerable to extirpation in the stag. Imperiled in North Carolina because of rarity or otherwise vulnerable to extirpation in the state. S Rare or uncommon in North Carolina. 1 Apparently secure in North Carolina, with many occurrences. 5 Demonstrably secure in North Carolina and essentially ineradicable under present conditions. Accidental or casual; one to several records for North Carolina, but the state is outside the normal range of the species. Of historical occurrence in North Carolina, perhaps not having been verified in the past 25 years, and suspected to be still extant in the state. ;R Reported from North Carolina, but without persuasive documentation for either accepting or rejecting the report. Believed so be extirpated from North Carolina. i Possibly in peril in North Carolina, but status uncertain; more information is needed. ;? Unranked, or rank uncertain. 5 Rank of breeding population in the state. Used for migratory species only. Si Rank of non-breeding population in the state. Used for.migratory species only. ecies. SZ_ Population is not of significant conservation concern; applies to transitory, migratory sp BAL RANK DEFINITIONS Critically imperiled globally because of extreme rarity or otherwise very vulnerable to extinction throughout its range. Imperiled globally because of rarity or otherwise vulnerable to extinction throughout its range. Either very rare and local throughout its range, or found locally in a restricted area. Apparently secure globally, although it may be quite rare in parts of its range (especially at the periphery). G5 Demonstrably secure globally, although it may be quite rare in parts of its range (especially at the periphery). Of historical occurrence throughout its range. Believed to be extinct throughout its range. GU Possibly in peril, but status uncertain; more information is needed. Unranked, or rank uncertain. tQT- Of questionable taxonomic status. Status of subspecies or variety; the G rank refers to the species as a whole. IDDITIONAL DEFINITIONS lements within a county are subdivided into "Current", "Historic", or "Obscure,, records. Current record: the element was last observed in the county at most 20 years ago. Historic record: the element was last observed in the county more than 20 years ago. In a few cases, the element was observed within the past 20 years, but is now believed to be absent from the county. Obscure record: the date the element was last observed in the county is uncertain. IN OTE: Scientific and common names listed in parentheses are synonyms listed in US Fish and Wildlife Service, 1992, Endangered and Threatened Species of the Southeastern United States (The Red Book). I NC NATURAL HERITAGE PROGRAM. DIVISION OF PARKS.-\vD RECREATION. DENR January. 2000 Worksheet Worksheet for Trapezoidal Channel Project Description Worksheet Bio-engineering Li Flow Element Trapezoidal Chan Method Manning's Formul Solve For Discharge Input Data Mannings Coeffi .045 Slope 1.50 % Depth 3.50 ft Left Side Slope 1.00 H : V Right Side Slope 1.00 H : V Bottom Width 1.00 ft Results Discharge 370.79 cis Flow Area 50.7 ft2 Wetted Perim 20.90 ft Top Width 18.00 ft Critical Depth 2.98 ft Critical Slope 2.62 % Velocity 7.31 ft/s Velocity Head 0.83 ft Specific Ener 4.33 ft Froude Numb 0.77 Flow Type ubcritical Project Engineer: Steven Canter FlowMaster v6.0 [614b] c:\haestad\fmw\meridian dr. shear stress City of Charlotte 06/30/00 11:13:32 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 Curve Plotted Curves for Trapezoidal Channel Project Description Worksheet Bio-engineering Li Flow Element Trapezoidal Chan Method Manning's Formul ¦ Solve For Discharge Input Data Mannings Coeffi .045 Slope 1.50 % Left Side Slope 1.00 H : V Right Side Slope 1.00 H : V Bottom Width 1.00 ft Attribute Minimum Maximum Increment Depth (ft) 2.00 4.00 0.25 Worksheet: Bio-engineering Limits _ 8.0 Velocity vsDepth 7.5 ' 7.0 o (n 6.5 7? 6.( 5.: 5.0, 2.0 1 Project Engineer: Steven Canter c:\haestad\fmw\meridian dr. shear stress City of Charlotte FlowMaster v6.0 [614b] 06/30100 11:20:45 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 2.5 3.0 3.5 4.0 D?p)h Curve Plotted Curves for Trapezoidal Channel Project Description Worksheet Bio-engineering Li ' Flow Element Trapezoidal Chan Method Manning's Formul ' Solve For Discharge Input Data Mannings Coefri .045 ' Slope 1.50 % Left Side Slope 1.00 H : V Right Side Slope 1.00 H : V Bottom Width 1.00 ft Attribute Minimum Maximum Increment Depth (ft) 2.00 4.00 0.25 Worksheet: Bio-engineering Limits Discharge vs Depth 500.0 _ - - - - - - - - - - - - - - - - - - - - - - - -I- - - I- - - - - - - - - - - - - - - - - , ------------------ I I I _ 450.0 I I I _ I I I I I I I I 400.0 - , , I I 350.0 -- ------------- ----------------- - ------------ --- - ---------------- --I- I y I I I I I I I 1 f0w 300.0 --- U ------------- -- ?------------------ ?--- --------------?----------------- ? V O , , I I I I I I ' 250.0 --- ------------- -- --------- ------- I------------------ + ------------------ ? I I I I I I I I 200.0 - _ I I I I I I I 1 I I I I I I I I I I 150.0 - ------------- -- '-----------------------------------------------------? I I I 100 0 I I I I I I I I . 2.0 2.5 3.0 3.5 4.0 Depth t ft) ( Project Engineer: Steven Canter c:\haestad\fmw\meddian dr. shear stress City of Charlotte FlowMaster v6.0 [614b] 06/30/00 11:13:53 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 State; of North Carolina Department of Environment and Natural Resources Div'ISlob of V??ater Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Certified Mail Return Receipt Requested Ms. Mary C. Murry, Permit Admiiustrator City of Charlotte Stormwater Services 600 East Fourth Street, 14`h Floor Charlotte, NC 28202 2 E N G D Division of Water Quality' October 19, 2000 Subject: Kendall Drive Stream Stabilization DWQ Project No. 001304 Mecklenburg County Dear Ms. Murry: The Wetlands Unit staff reviewed the stormwater manaaenent plans for the subject project and determined that hard structures are proposed for this project, as described in General Water Quality Certification No. 3258, condition no. 1. As such, a formal Pre-Construction Notification Application is required including a $475.00 application fee. However, please be aware, that, if the City desires, some parts of this project may be considered for mitigation credit as part of the review process. if you have any questions or would like to discuss this project, please contact Todd St, John at (919) 733- 95 84. Sincerely, John Dorney Wetlands Unit Supervisor cc: Mooresville Regional Office File Y 1 1 4401 Reedy Creek Road, Raleigh, NC 27607 Telephone 919-733-1786 FAX 919-733-9959 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper September 26, 2000 Mr. Steve Chapin U.S. Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, NC 28801 t`4 i 1 '00A334 Subject: Pre-Construction Notification for Nationwide Permit No. 13 City of Charlotte Storm Water Services Kendall Drive Streambank Stabilization Charlotte, North Carolina CSWS Project No. 671-00-006 Dear Mr. Chapin: On behalf of the City of Charlotte Storm Water Services (CSWS), enclosed please find a completed Joint Form with accompanying figures for a Nationwide Permit (NWP) No. 13 in the above-referenced streambank stabilization project (Attachment A). CSWS has retained Law Engineering and Environmental Services, Inc. (LAW) to provide permitting services for this project. This submittal is the product of a cooperative effort between CSWS and LAW. The limits of the project begin near the intersection of Kendall Drive and Twinfield Drive, and extend west approximately 890 linear feet (If) behind properties located at 2519 to 2727 Kendall Drive and 2701 to 2515 Abelwood Road in Charlotte, North Carolina (Attachment B - Figure 1). Since the proposed project will result in bank stabilization activities in excess of 500 feet in length, this pre-construction notification (PCN) is being provided in accordance with the U.S. Army Corps of Engineers (USACE) general conditions for NWP No. 13 (Bank Stabilization). Background CSWS has proposed the Kendall Drive streambank stabilization project located on an unnamed tributary to Stewart Creek. The proposed streambank stabilization project site is located within the University Park neighborhood in Charlotte, North Carolina, approximately 1,800 feet southwest of the Beatties Ford Road (SR 2074) and Interstate 85 (1-85) intersection (Attachment B - Figure 1). The proposed project is bound to the north by residences on Kendall Drive and to the south by residences on Abelwood Road. The proposed project involves approximately 940 If 1 CHAR ENGINEERING DEPI FaX:(U456bbb26b lagnocco,Michael __ . __. ,. _ From: r John Domey Uohn.dorney@ncmail.net] Sent• Thursday, September 28, 200010:29 AM To., lagnocco,Michael SuNe t: Re: Certification Fees no fee unless we decide that it does not fit the general say "show me the money! I "Iagnocco,%chael" wrote: l Hey John! hope you're beginning to feel better,,-We are COr involves e. 500 If hard structures but hard structures on > 1 requires notification in this instance (no written concurrence certification fee?? i presume that if you do it will be of the rr help ...hang in there... Michael A. Iagnocco (thn XAH koh) Sr. Scientist Law Engineering & Environmental Services, Inc- 2801 Yorkn-wnt Road Charlotte, North Carolina 28208 Phone: (704) s57-8600 ext. 5543 Faac: (704) 867-1622 E-Mail, miagnocc9lawoo_com UGZ lU UU 10 -,)V F. V4 page 1 of 1 ?Ii tom. in which case we will write and pleting a NWP 13 application that 0 If...as I understand it, DWQ only r variety.-tthanks for you an ?ohn? Per yemr e?ma;l (a.bo„e) V-4 ? • d /-\o4- cheLk becau? intea Ives k6A1_6 i inn 14 ohGtnd cat I 1 9/7-8100 n; _"'viN? C.1.774n'2l ::W ?.'•'Sf?'1rf •? I: ih.R1 Y1 l} _ ...,fi»L? A?:f `fhaxu0!S Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 of streambank stabilization primarily on the north side of the stream (approximately 890 If), as the streambank has become steep due to channel incision. Additionally, work will be done along one property on the south side of the channel (approximately 50 If) located toward the lower reach of the project. Erosion in these areas is critical because structures are in jeopardy of collapse and/or the banks are not stable. The channel has incised to bedrock causing vertical banks and failure of existing retaining walls. In addition, the subject stream has become burdened with urban debris. Stabilization will be accomplished using a combination of soil bioengineering (approximately 490 If), soil bioengineering with rock toe (approximately 200 If), and gabions (approximately 250 If). Approximately 50 if of streambank within the proposed i. project limits is not anticipated to require stabilization. No excavation will take place except for the sloping back of channel banks, thus widening the channel at the top of the bank. The depths and widths of the channel bed will not be,altered. The watershed contributing to this portion of the unnamed tributary is approximately 150 acres, and area land use is predominately single- family residential (Attachment B - Figure 2). Property owners adjacent to the subject stream have agreed to temporary easements for site access. Temporary impacts to personal property will be repaired and restored. The eroding streambank at the above-mentioned locations is causing damage to public and personal property as well as jeopardizing public safety and promoting the continued degradation of the stream environment and riparian habitat. The eroding streambank must be stabilized to address these problems. CSWS is serving as the lead designer of the proposed streambank stabilization project, and the proposed project is scheduled to begin in Fall 2000 upon approval from the USACE. Jurisdictional Waters of the U.S. The principal surface water feature proximal to the project area is Stewart Creek. Stewart Creek, located approximately 1,000 feet from the western boundary of the project area, flows south to its confluence with Irwin Creek. The National Wetlands Inventory (NWI) Map [U.S. Fish and Wildlife Service (USFWS), 1991] indicates that Stewart Creek is a riverine wetland (R2UBH). Stewart Creek is further described as a permanently flooded, lower perennial stream, with an unconsolidated bottom. The subject channel targeted for streambank stabilization is an unnamed tributary to Stewart Creek. t Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 6 71-00-006 Jurisdictional areas proximal to the anticipated construction limits of the proposed project include approximately 940 if of jurisdictional waters of the U.S. Field reconnaissance conducted by LAW revealed that no wetlands are present within the proposed project limits. The subject stream flows west to its confluence with Stewart Creek. The subject stream is a perennial channel and has average widths of 15 to 20 feet (measured from top of bank to top of bank) and a channel bottom of four to six feet with a sand, cobble, and bedrock substrate. Riparian vegetation associated with this stream includes box elder (Acer negundo), black willow (Salix nigra), silver maple (Acer saccharinum), slippery elm (Ulmus rubra), American sycamore (Platanus occidentalis), poison ivy (Rhus radicans), and blackberry (Rubus fructicosus). lj Photographs of the existing stream reach are included in Attachment C. Cultural Resources and Protected Species A letter was forwarded to the State Historic Preservation Office (SHPO), dated June 16, 2000. Correspondence from the SHPO, dated July 19, 2000, revealed no properties of architectural, historic, or archaeological significance within the project area that would be affected by the project (Attachment D). Correspondence was forwarded to the USFWS, dated June 16, 2000, to determine the presence of any federally-listed or state-listed endangered or threatened species, candidates proposed for listing as endangered or threatened species, or of critical habitat in the proposed project permit ¦ area (Attachment E). No response has been received from USFWS as of September 25, 2000. Correspondence was also forwarded to the North Carolina Natural Heritage Program (NCNHP), dated June 16, 2000, to determine the presence of any federally-listed or state-listed or candidate endangered or threatened species or critical habitat within the permit area of the proposed protect. Correspondence from the NCNHP dated July 7, 2000 indicates that there no known records of listed protected species in the vicinity of the project (Attachment F). However, the NCNHP database indicates that there are seven federally and/or state endangered species that may occur in Mecklenburg County, namely the bald eagle (Haliaeetus leucocephalus), Carolina heelsPlitter (Lasmigona decorata), Georgia aster (Aster georgianus), tall larkspur (Delphinium exaltatum), smooth coneflower (Echinacea laevigata), Schweinitz's sunflower (Helianthus 3 ?r Kendall Drive Streambank Stabilization Project - NWP,'Vo. 13 September 26, 2000 CSWS Project No. 671-00-006 schweinitzii), and Michaux's sumac (Rhus michauxii). Correspondence with NCNHP did not reveal any records of known rare species, high quality natural communities, or significant Natural Heritage Areas occurring within a one-mile radius of the subject property (Attachment F). LAW's initial on-site field investigation, conducted on June 7, 2000 to determine the presence of ?. suitable habitat for the aforementioned protected species, revealed that none had a likelihood of occurring within the project area. Limited "open, full sun" habitat preferred by the Schweinitz's sunflower occurs in the project area. However, these areas are largely disturbed by regular mowing and other lawn maintenance activities. Schweinitz's sunflower has an affinity for heavy clay basic soils such as Enon, Iredell, or Cecil soils. Cecil-urban soils dominate the project area, further decreasing the likelihood of the presence of Schweinitz's sunflower within the proposed project area. Occurrences of the Carolina heelsplitter have not been documented in the portion of the Catawba River Basin in which the subject property is located (USFWS, 1996)1. Additionally, the preferred mud, muddy sand, or muddy gravel substrate is not present. The subject site does not provide suitable foraging, nesting or roosting habitat for the bald eagle. Michaux's sumac has been extirpated from Mecklenburg County (USFWS, 1993)2. The preferred habitat of the Georgia aster (open woods and roadside areas) and smooth coneflower (meadows and woodlands) does not exist in the project area. As the project will largely be confined to the banks of the stream, the streambank stabilization project is not likely to impact protected species. Alternatives/Minimization Several alternatives were considered for the proposed streambank stabilization project. Among the options considered were the use of soil bioengineering with and without rock toe methods, and the use of gabions, both in conjunction with the removal of urban debris from the subject U.S. Fish and Wildlife Service (USFWS), 1996, Revised Technical/Agency Draft Carolina Heelsplitter Recovery Plan, Atlanta, GA, 47 pp. ' USFWS, 1993, Endangered and Threatened Species of the Southeastern United States (The Red Book), Region Four. Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 stream. A no-action alternative was also considered for the proposed streambank stabilization project. The eroding streambank will be stabilized via Priority IV restoration (Rosgen, 1997)3. Priority IV restoration is typically implemented where urban constraints limit restoration alternatives. Priority IV stabilization methods are used to decrease bed and streambank erosion, often through the use of concrete, gabions, boulders, and bioengineering methods. The land needed for such improvements is minimal, making Priority IV restoration additionally ideal for the proposed project as urban constraints (i.e., close proximity of residences) serve as the primary restricting factor for other alternatives such as Priority I, II, and III restorations. Priority IV restoration was concluded to be the recommended alternative for the proposed streambank stabilization project. Soil bioengineering is a fairly unintrusive, non-invasive technique that utilizes plants to re- establish natural streambank protection that has been damaged or lost by erosion. While soil bioengineering is generally the most desired streambank stabilization method with regards to aquatic and wildlife habitat, the use of vegetation to stabilize all of the streambank is not feasible due to high and steep vertical banks located along the project corridor. Gabions are rock-filled baskets or cages through-planted with live stake materials used to build a support or an abutment where erosion poses a threat or is a problem. This technique offers sturdy support and enforcement and is feasible in that it meets the mechanical needs of the channel. While the use of gabions provides a solution to the eroding streambank problem, installation results in short-term impacts to stream habitat, including the suppression of vegetation from the streambank. While each method does provide positive benefits, the exclusive use of soil bioengineering or the exclusive use of gabions are not feasible/desirable options for the above-mentioned reasons. However, using a combination of the techniques provides a feasible, reasonable alternative for 3 Rosgen, D.D.L., 1997, "A Geomorphic Approach to Restoration of Incised Rivers", Proceedings of the Conference on Management of Landscapes Disturbed by Channel Incision. 5 J r? F1 Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 the streambank stabilization project. A Project Construction Plan is shown in Attachment B - Figure 3. Vegetation will be used throughout the project, although possibly in combination with other materials (i.e., rock toe or gabions). Restoring and improving the streambank corridor with vegetation will provide for wildlife habitat enhancement, will ultimately shade the stream to benefit aquatic habitat, and will also provide aesthetic benefits. It is anticipated that soil bioengineering without rock toe can be used where the exclusive use of vegetation is a feasible option, i.e., where the streambank is shallow, slopes are gradual, and bed materials at the toe are stable (e.g., hardpan or bedrock is present). Based on existing site information, it is anticipated that approximately 490 If of the 690-1f total designated for soil bioengineering solutions will not require the use of a rock toe. Soil bioengineering will be used in all areas that provide adequate room for bank slope. Bank slopes will generally be in the 1:1 to 1.5:1 range. This will minimize the amount of space needed and maximize the use of soil bioengineering. The soil bioengineering technique that will be used for this project will consist mostly of live staking, with some fascines. The plant materials generally used for this type of work are silky willow (Salix sericea), silky dogwood (Corpus amomum), elderberry (Sambucus canadensis), Virginia willow (Itea virginica), and coralberry (Symphoricarpos orbiculatus). Rock will be used to armor approximately the bottom two feet of the streambank in areas where shear stresses exceed the capabilities of the vegetation-only soil bioengineering technique and in areas where bedrock is exposed/substrate at the toe is unstable (Attachment B - Figure 4). Vegetated gabions have been targeted to replace failing retaining walls along the adjacent portions of the streambank that are suffering from severe erosion, particularly in areas where vertical banks exist. Gabions can be easily utilized in areas where space is limited, such as in urban neighborhoods where dwellings are located close to the stream channel. Gabions are necessary since sloping of the bank is not possible due to the close proximity of single-family dwellings. Approximately 250 If of streambank will be stabilized with gabions (Attachment B - Figure 5). The use of gabions on vertical banks will provide a sturdy support to prevent the streambank from eroding further. 6 t ll t Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 Project construction will begin at the upstream project limit and will proceed to the downstream project limit. All work will take place from the top of the bank to the stream channel, and construction vehicles will not be driven into the stream. A no-action alternative was also considered for the project. As discussed earlier, the proposed streambank stabilization is needed to address erosion and pollution of the streambank and its associated affects on adjoining land and to provide for public safety. As a result, the no-action alternative was eliminated from further consideration since it does not appear to be feasible given the projected problems that will continue to arise from streambank erosion. The no-action alternative will allow existing stream and Streambank conditions to continue to degrade in the project area, further threatening public property and structures. The use of Priority IV-type restoration methods, soil bioengineering and gabions, in conjunction with debris removal, is the preferred and recommended alternative for the proposed streambank stabilization project. Stabilization is expected to be accomplished by stabilizing approximately 690 If of streambank through the use of soil bioengineering solutions (approximately 200 If with rock toe and approximately 490 if without rock toe) and stabilizing approximately 250 if of streambank through the use of vegetated gabions. It is anticipated that approximately 50 if of the streambank located within the project limits is currently stable and will, therefore, not require stabilization. As mentioned, the majority of the streambank stabilization will utilize the soil bioengineering technique as it is the least invasive and provides wildlife and aquatic habitat along the stream corridor. In addition, all of the streambank stabilization will utilize vegetation in order to enrich the stream corridor with additional habitat. As part of the channel maintenance program, CSWS will monitor, through visual observation, the success of the stabilization project. Proposed Impacts to Jurisdictional Waters Due to the necessary utilization of hard structures (rock toe and gabions), the proposed Kendall Drive streambank stabilization project will result in unavoidable impacts to approximately 450 if of waters of the U.S. These unavoidable impacts, resulting from soil bioengineering coupled with rock toe (approximately 200 If) and the use of gabions (approximately 250 If), have been minimized to the maximum extent practicable and are necessary for the stabilization of the 7 J Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 eroding streambank. The remaining 490 If of streambank stabilization will solely utilize bio- engineering. It is anticipated that impacts to jurisdictional waters of the U.S. associated with the Kendall Drive streambank stabilization project will be permitted under NWP No. 13 - Bank Stabilization designated for stabilization activities necessary for erosion prevention. The proposed streambank stabilization project is necessary in order to protect property owners and structures, as well as to enhance the natural benefits of the waterway. Left in its current state, the eroding streambank will affect public safety causing damage to personal properties and potentially damaging private infrastructure, including buildings, and will perpetuate the continued degradation of the stream environment and riparian habitat. The proposed project will help to satisfy CSWS's goal of maintaining and improving area storm-water systems in the interest of the community, wildlife, and natural resources. The completion of this project will result in positive impacts to the streambank and channel, to surrounding properties, and to aquatic and wildlife habitat. Regulatory Implications Ir? 71 Ll 1 The project design complies with the conditions of Section 401 General Certification (GC) for a project eligible for NWP No. 13, effective November 22, 1999. Written concurrence from the DWQ is not required as the proposed stream impacts associated with hard structures (i.e., gabions and rock toe segments) of the proposed streambank stabilization project do not exceed 500 if in length. However, in accordance with the GC, DWQ will be notified. In accordance with the GC, methods of streambank stabilization, such as bioengineering, are preferred rather than the installation of riprap along extensive stretches of streambank. As stated, rock will only be utilized in areas where unstable subsurface material exists and/or in areas where sheer stresses exceed the capabilities of the vegetation-only soil bioengineering technique. Sheer stress calculations are attached (Attachment G). Rock will be of appropriate size so as to not be able to be carried off by wave or current action and will consist of clean rock or masonry material free of debris or toxic pollutants. Appropriate sediment and erosion control practices, which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or "North Carolina Surface Mining Manual, whichever is more appropriate, will be 8 I Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 utilized to prevent exceedances of the appropriate turbidity water quality standard. Additionally, all sediment and erosion control measures placed in waters will be removed and the natural grade restored after the Division of Land Resources or delegated local program has released the project. Per the GC, additional site-specific conditions may be added to the proposed project in order to ensure compliance with all applicable water quality and effluent standards. All nationwide and regional conditions for NWP No. 13 will be met by the CSWS design and adhered to by CSWS's contractors. Compensatory Mitigation Completion of the streambank stabilization project, including soil bioengineering with rock toe and gabions, will result in impacts to approximately 450 if of stream channel. The remaining 490 if of streambank stabilization will be completed through the use of soil bioengineering techniques. Mitigation is not being proposed as a part of this project since proposed actions are self-mitigating and completion of the project is expected to result in substantial improvements to the aquatic and riparian ecosystem. North Carolina Environmental Policy Act Documentation The proposed streambank stabilization project involves standard maintenance/repair activities through the CSWS maintenance program, which was established in 1993 to address storm-water drainage problems throughout the city. The streambank stabilization project does not involve channel disturbance consisting of hard structures to greater than 500 If of perennial stream channel, and therefore does not require the preparation of an Environmental Assessment (EA) in accordance with State Environmental Policy Act (SEPA) guidelines and as required by the North Carolina Division of Water Quality (DWQ). 9 Kendall Drive Streambank Stabilization Project - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 Closing Your prompt decision in this matter and corresponding processing of this permit will be greatly appreciated. Three copies of this permit application have been forwarded to DWQ for notification. Please do not hesitate to call Mary C. Murray at 704-336-4588, if you have any questions. I Sincerely, CHARLOTTE STORM WATER SERVICES C. . Mary C. urray Michael A. Iqg c o Permit Administrator Law Engineering and Environmental Services, Inc. Senior Environmental Scientist I MCM:MAI JIp Enclosures: Attachment A - Joint Form - Nationwide Permit No. 13 Attachment B - Figures Attachment C - Photographs Attachment D - SHPO Correspondence Attachment E - USFWS Correspondence Attachment F - NCNHP Correspondence Attachment G - Sheer Stress Calculations I cc Mr. John Dorney, DWQ 1 10 001304. DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 13 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE N.C. DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF WATER QUALITY (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: City of Charlotte Storm Water Services 2. MAILING ADDRESS: 600 East Fourth Street 14th floor SUBDIVISION NAME: N/A CITY: Charlotte STATE: NC ZIP CODE: 28202 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): The subject stream is located behind residences located at 2519 to 2727 Kendall Drive and 2515 to 2701 Abelwood Road in Charlotte North Carolina in the University Park neighborhood POC: Ms Marv C. Murray Permit Administrator 3. TELEPHONE NUMBER (HOME): N/A (WORK): (704) 336-4588 t 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: POC: 4a. TELEPHONE NUMBER (WORK): (FAX): L t , ? s LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): See Attachment B - Figure 1 COUNTY: Mecklenburg NEAREST TOWN OR CITY: Charlotte SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): The project site is located approximately 1,800 feet southwest of the Beatties Ford Road (SR 2074) and Interstate 85 intersection The subject stream is located behind residences located at 2519 to 2727 Kendall Drive and 2515 to 2701 Abelwood Road in Charlotte North Carolina in the University Park neighborhood The project will start near the intersection of Kendall Drive and Twinfield Drive. IMPACTED OR NEAREST STREAM/RIVER: Stewart Creek RIVER BASIN: Catawba 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ? NO ® IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ?NO 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES ?NO ®IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: Approximately 150 acres contributing watershed (Attachment B - Figure 2) 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: No wetlands present on site 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: I I 10b FILLING: EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0 acres (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: N/A LINEAR FT. AFTER N/A LINEAR FT. WIDTH BEFORE (based on normal high water contours): 4-6 FT. WIDTH AFTER: 4-6 FT. AVERAGE DEPTH BEFORE: 4-6 FT. AFTER: 4-6 FT. (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: ? PLACEMENT OF PIPE IN CHANNEL:? CHANNEL EXCAVATION: ? CONSTRUCTION OF A DAM/FLOODING: ? OTHER: Streambank stabilization to be accomplished using a combination of soil bioengineering with rock toe (200 linear feet) and gabions (250 linear feet). The total streambank stabilization will result in impacts to approximately 450 linear feet (if) of perennial/important stream channel. 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A_ WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8'/z" X 11" DRAWINGS ONLY): The proposed streambank stabilization project includes plans for the stabilization of approximately 940 If of streambank (490 if of bioengineering, 200 If of bioengineering with rock toe 250 if of gabions) Attachment B - Figures 3 through 5 illustrate project construction plans as well as typical construction details Trackhoe trucks and handwork will be used for construction activities. Ll 13. PURPOSE OF PROPOSED WORK: To protect public safety and property and to enhance the natural and beneficial functions of the waterways and their associated riparian corridors, City of Charlotte Storm Water Services (CSWS) has an oblig,ation to the communities of Charlotte to maintain and improve area storm-water systems Keeping with their commitment to Charlotte communities, CSWS has proposed a 940-1f channel stabilization project located on an unnamed tributary of Stewart Creek within the University Park neighborhood. Residences located at 2519 to 2727 Kendall Drive are located within 10 to 15 feet of the top of the channel bank and are the source of most of the Service Requests received by CSWS for this project. The need for the project is based on the severity of the erosion along, the streambank at these locations. This streambank has become steep due to channel incision. The channel has incised to bedrock causing vertical banks as well as the failure of existing retaining, walls. The eroding, streambank is causing, a threat to property owners Jeopardizing public safety, and degrading the quality of the waterway. To help property owners as well as to enhance the natural benefits of the waterway CSWS has proposed the stablization of this streambank through the use of soil bioengineering eering solutions (with and without rock toe) in addition to g,abions. Additionally, pollution causing, debris such as clothing, trash and bicycles will be removed from the stream. Without the proposed improvements erosion and pollution will continue to be a problem. Left in its current state the eroding streambank will affect public safety causing, damage to personal properties and potentially damaging private infrastructure including, buildings. Additionally, allowing the continued erosion of the streambank will perpetuate the continued deg,radation of the stream environment and riparian habitat 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): See 4 13 above Since no wetlands are located within the proposed project vicinity, no wetlands will be impacted Streambank stabilization work to be carried out from the top of the streambank. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: June 16, 2000 (ATTACH RESPONSES FROM THESE AGENCIES.) Letter forwarded by LAW, dated June 16, 2000, certified mail (Attachment E) - return receipt confirmed. No response as of September 26, 2000. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: June 16, 2000 Letter forwarded by LAW, dated June 16, 2000, certified mail - return receipt confirmed. Response, dated July 19, 2000, indicated no concern. See Attachment D. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES ? NO ? N/A IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 1 11 11 1 !I u 1 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29 AND 38). ALI, STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. See Attachment B -Figure 3 b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. N/A (See Attachment C for photographs of stream to be impacted) c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A d. ATTACH A COPY OF THE STORM WATER MANAGEMENT PLAN IF REQUIRED. N/A e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Single family residential f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. ? ? X70 07? VOERI'AGENT'S SIGNATU DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18G.)) 6 `1 \\ ...i --i • Lrfe Temple I ;- q 2094 1 .,? 1' Il y =. r Tan?:ra Lakes 1 - :1 768 State% Mile Ave I's Radio Tower Ne. (WAM .: (. ew East $C6r-tk ch1 ??\ ) Tr ?? \\i ?` ? % I M ~-I 790?t •NewE tnei}gel / 209A1 ' - - Fez - (j)[ Ch-, 79'20;," //? 1 / ++\"; i'? ? •\,•?; ?l`i?L IV.;_ "? ?II? ??ChnGeofPea)+?' ('- •:;n_- /. •? '?ir>'`n' '? y \ 1 • .? ` ??\??j ?'.?.. •\? ?` \\?' Wilso??Huah4ti la, ?--- . 7du 775 I- ?1 1?.::.`• 1 ' J 1 ?, ? ? 1k ?I ? I ` ? 1 t , ?? N? - ? errfS?wri?an ?:I + _. ?. .,? Q \ - - • ? °j\`i\?' 1 0' ?? i? t' ? -::1- _ ? ? ? muttity ?Ch ) --? ,? '(! \ Ori I -??. • \ q}PN,E'.j \? ..C-???,.I 1 :,? \?)l ?, ?•'\ . r ?. ) `?.O 3fe Williams ternl . o k 1' I s5 1 .. ?. ?/ Y? =- \ h i 2 10 ?1? 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APPROXIMATE CHANNEL LOCATION APPROXIMATE SCALE IN FEET REF: U.S.G.S. 7.5 MINUTE TOPOGRAPHIC MAP OF MOUNTAIN ISLAND LAKE, N.C.; DATED 1972, PHOTOINSPECTED 1983 AND DERITA, N.C. QUADRANGLE, DATED 1972. SITE LOCATION LAW KENDALL DRIVE CHANNEL STABILIZATION ENGINEERING AND ENVIRONMENTAL SERVICES CHARLOTTE, NORTH CAROLINA CHARLOTTE, NORTH CAROLINA O? EC ED L GATE NO. 30100-0-0369 FIGURE 1 PREPAR D DATE CH By gin 11 I 600 0 600 1200 Feet Legend N Stream Kendall Drainage Area I Reference: City of Charlotte GIS database, Orthophoto 1997 FIGURE 2 Drainage Area Kendall Drive Channel Improvement Project Charlotte Storm Water Services . Mecklenburg County, NC t t O 3 4 Q. s _y v z ? e i?1 4 L .nt z _ ? ?v I in z ? L a W O U. 111= N W ' ; III ---1 _ W 0) • O I W + O Q ,f .?• ? ? !ti tzi CO ' 0 a / O W Typical Bio-engineered Stream bank (For illustrative purposes only) in r-.-4 • r? ct C?ld ?lJ C f) W cc 0 N W V cc W N W Q 3 O N W F- H O J Q V > m D W O > O L W U. 1i W m SP-12 Gabions, Vegetated Streambank Stabilization Project - Kendall Drive - NWP No. 13 CSWS Project No. 671-00-006 (err ?,- ?? Photograph A. View of subject stream, looking upstream. Note proximity of fence and structures to stream. September 26, 2000 Streambank Stabilization Project - Kendall Drive - NWP No. 13 September 26, 2000 CSWS Project No. 671-00-006 it 11 J n ?I J L 1 1 Photograph B. View of eroding streambank. ?e w... o d rn North Carolina Department of Cultural Resources State Historic Preservation Office, mes B. Hunt Jr., Governor jetty Ray McCain, Secretary July 19, 2000 Mr. Michael A. lagnocco David L. S. Brook, Administrator Division of Archives and History Jeffrey J. Crow, Director LAwGIBB Group 2801 Yorkmont Road, Suite 100 Charlotte, NC 28208 Re: Environmental Assessment - Scoping, Kendall Drive/Ablewood Road, Channel Stabilization, Charlotte, Mecklenburg County, LAW Project No. 30100-0-0369, ER 00-10219 Dear Mr. lagnocco: Thank you for your letter of June 16, 2000, concerning the above project. We have conducted a review of the project and are aware of no properties of architectural, historic, or archaeological significance which would be affected by the project. Therefore, we have no comment on the project as currently proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763. Sincerely, J f .= /David Brook Deputy State Historic Preservation Officer DB:kgc Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Blount St., Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919) 733-4763 733-8653 ARCHAEOLOGY 421 N. Blount St., Raleigh NC 4619 Mail Service Center, Raleigh NC 27699-4619 (919) 733-7342 • 715-2671 12RC'TnRAT1nN 515 N. Blount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 27699-4613 (919) 733-6547 715-4801 . __1 -11 ?e4eo_A412 loI91 733-6545 • 715-4801 LAWGII]BBB GROZJh ?? ?. psi June 16, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attention: Mr. Mark Cantrell ' U. S. Fish and Wildlife Services 160 Zillicoa Street Asheville, North Carolina 28801 Subject: Environmental Assessment - Scoping Kendall Drive/Ablewood Road Channel Stabilization Charlotte, NC LAW Project No. 30100-0-0369, Phase 01 I Dear Mr. Cantrell: The City of Charlotte Stormwater Services (CSWS) has retained Law Engineering and Environmental Services, Inc. (LAW) to provide environmental services for the above-identified channel stabilization project. The purpose of this project is to protect private property and improve safety by replacing a failing retaining wall. This scoping letter constitutes solicitation for comments to assist LAW in the identification of environmental concerns and the preparation of an Environmental Assessment (EA) for this project. In order that LAW may fully evaluate and consider any potential effects of the project, we are hereby requesting that you respond in writing concerning any beneficial or adverse impacts relative to the interests of your agency. The project vicinity and location are presented on the attached Figure 1. As indicated in Figure 1, the limits of the project begin at the intersection of Kendall Drive and Twinfield Drive, and extend west behind properties located at 2519 to 2727 Kendall Drive and 2515 to 2701 Ablewood Road. Several residential structures are located within 30 to 50 feet of the existing stream channel. The proposed project involves approximately 940 linear feet (If) of stream bank stabilization of a perennial unnamed tributary of Stewart Creek. Stabilization will be accomplished using a combination of soil bioengineering with rock toe (approximately 640 If) and gabions (approximately 3001f). Gabions will be used to replace and extend a failing retaining wall. Stabilization efforts will target the northern bank only. Project activities will largely occur within the bed and bank of the existing channel. The project :each has a contributing drainage area of approximately 10 acres. The USGS Topographic Maps that cover the project area include Derita and Mountain Island Lake, NC. Land use in the project area is residential. LAW Engineering and Environmental Services, Inc. 2801 Yorkmont Road, Suite 100 - Charlotte, NC 28208 704-357-8600 - Fax: 704-357-8638 Serving the Charlotte area for over 50 years Mr. Mark Cantrell June 16, 2000 Page 2 The proposed stream bank stabilization of the unnamed tributary of Stewart Creek is considered a major activity as it involves over 150 If of stream channel improvement. Subsequently, this stream bank stabilization project requires the preparation of an Environmental Assessment (EA) in accordance with State Environmental Policy Act (SEPA) guidelines (I5ANCAC IC .0504). If you have any questions, please do not hesitate to call Mike Iagnocco at (704) 357-8600 extension 5543. Thank you for your attention to this matter. We appreciate your cooperation with this process. Sincerely, LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. Michael A. la Allen W. Conger, P.W. . Senior Environmental Scientist Principal Environmental Scientist I Attachment 1 11 gy,?_ WITH PERMISSION VALA. IDENR B. HUNT JR. DVERNOR I ILL HOLMAN EfTARY JILIP K. MCKNELLY TOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF.PARKS AND RECREATION July 7, 2000 Ms. Jennifer Pownall LAW Engineering & Environmental Services, Inc. 2801 Yorkmont Road Charlotte, NC 28208 SUBJECT: Rare Species, High Quality Natural Communities, and Significant Natural Heritage Areas at The Proposed Kendall Drive Channel Stabilization Project Site, Charlotte, Mecklenburg County, North Carolina Dear Ms. Pownall: The NC Natural Heritage Program (NCNHP) does not have a record of rare species, high quality natural communities, state park and recreation areas, or Significant Natural Heritage Areas (SNHAs) at or within a 1.0 mile radius of the proposed Kendall Drive channel stabilization project site, Charlotte, Mecklenburg County, North Carolina. I have enclosed a rare species list for Mecklenburg County. If habitat for any of these species exists at the site, they may be present there. Consultant acquired knowledge of the site habitat should determine if a survey is necessary. Please do not hesitate to contact me at the address below or call me at (919) 715- 8703 if you have any questions or need further information. Sincerely, Susan Reece Giles Information Specialist NC Natural Heritage Program Enclosure 1615 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1615 PHONE 919-733-4181 FAX 919-715-3085 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER SENTIFIC NAME COMMON NAME klenburg-Current tebrate Animal Carpiodes velifer Highfin Carpsucker eostoma collis collis Carolina Darter - central Piedmont population iaeetus leucocephalus pop 1 Bald Eagle Lanius ludovicianus ludovicianus Loggerhead Shrike tertebrate Animal aenodes marginata a caddisfly Villosa delumbis Eastern Creekshell I llosa vaughaniana Carolina Creekshell scular Plant Anemone caroliniana Prairie Anemone ter georgianus Georgia Aster ter mirabilis I Piedmont Aster decatheon meadia var meadia Eastern Shooting Star Echinacea laevigata Smooth Coneflower aphalium helleri var helleri Heller's Rabbit Tobacco lianthus schweinitzii Schweinitz's Sunflower tus helleri I Carolina Birdfoot-trefoil perfoliatum lphium Northern Cup-plant Silphium terebinthinaceum Prairie Dock tural Community l asic Oak--Hickory Forest - Mesic Mixed Hardwood Forest - iedmont Subtype) edmont/Low Mountain Alluvial - rest Upland Depression Swamp Forest - ric Hardpan Forest - tecial Animal Habitat Wading Bird Rookery - jecklenburg-Historic Vertebrate Animal STATE FED. STATE GLOBAL STATUS STATUS RANK RANK SC - S2 G4G5 SR FSC S3 G3T3 E LT S3B,S3N G4T?Q SC - S3B,S3N G5T5 SR - S3 G? SR - S3 G4 SC FSC S2 G2 C - S1 G5 T - FSC S2 G2G3 C - S2 G2G3 SR - S2 G5T5 E-SC LE S1 G2 SR - S2? G4G5T3? E LE S2 G2 C FSC S3 G3 SR - S1 G5 C - S2 G4G5 S3 G4 S4 G5T5 S5 G5 S2 G3 - - S3 G3G4 S3 G5 S2 G5T2Q ndylura cristata pop 1 Star-nosed Mole - Coastal Plain SC population Invertebrate Animal lasmidonta robusta Carolina Elktoe asmigona decorata Carolina Heelsplitter Vascular Plant emone berlandieri Southern Anemone aptisia albescens f Thin-pod White Wild Indigo trychium jenmanii o Alabama Grape Fern Cardamine dissecta Dissected Toothwort Carex projecta Necklace Sedge irsium carolinianum Carolina Thistle elphinium exaltatum l Tall Larkspur esmodium sessilifolium Sessile Tick-trefoil Hexalectris spicata Crested Coralroot soetes virginica Virginia Quillwort hus michauxii t Michaux's Sumac olidago rigida ssp glabrata Southeastern Bold Goldenrod EX - SX GX E LE S1 G1 C - S1 G4? SR - S2 G4 SR - S1 G3G4 C - S2 G4? C - S1 G5 C - S1 G5 E-SC FSC S1 G3 C - SH G5 SR - S2 G5 C FSC SRD G1 E-SC LE S2 G2 SR - S2 G5T4 onvascular Plant achithecium perpusillum Budding Tortula C - S1S2 G3? Mecklenburg-Obscure ,Vertebrate Animal - Cyprinella zanema pop 1 Santee Chub - Piedmont population SR S3 G3T3Q NATURAL HERITAGE PROGRAM, DIVISION OF PARKS AND RECREATION, DENR January 2000 vl- .v:A t LA-rAL tt?tct 1 AUt VIWUKAll COUNTY STATUS LIST COVER SHEET ie county status list of the NC ;Natural Heritage Program is listing of the elements of natural diversity , rare giant Ind ca: e exemplary natural communities, and special animal habitats) !:mown to occur in all North Carolina counties. The foiation on which this iist is based comes from a variety of sources, including field surveys, museums, herbaria, scientific e re, and personal communications. This list is dynamic, with new records continually being added and old records bei: wised as new information is received. As a result, the enclosed list cannot be considered a definitive record of natural nerita?e eints present in a given county and should not be used as a substitute for Field surveys. then this information is used in any document, we request that the date this list was compiled be given and that the NC Natu:ai leIge Program be credited. TATE STATUS E STATUS CODE STATUS Endangered SR Significantly Rare C Threatened EX Extirpated Special Concern D De-listed Candidate P Proposed (E, T, SC, EX or D) PI t statuses are determined by the Plant Conservation Program (NC Department of Agriculture) and the Natural Heritage P ram (NC Department of Environment and Natural Resources). E, T, and SC species are protected by state law (Plant Protection and Conservation Act, 1979). C and SR designations indicate rarity and the need for population monitoring and c ervation action. Note that some plants have a double status (e.g., E-SC, indicates that while the plant is endangered, it is c cted or sold under regulation). See the Natural Heritage Program List of the Rare Plant Species of North Carolina for further, nation n of these statuses. exp a Amal statuses that indicate state protection (E, T, and SC) are published in Endangered Wildlife of North Carolina, March 6, 102, Nongame and Endangered Wildlife Program (NC Department of Environment and Natural Resources). SR and EX stances are Natural Heritage Program designations. SR indicates rarity and the need for population monitoring and conservation action. I the Natural Heritage Program List of the Rare Animal Species of North Carolina for further explanation of these statuses. FEDERAL STATUS se statuses are designated by the US Fish and Wildlife Service. Federally listed Endangered and Threatened species are IF ected under the provisions of the Endangered Species Act of 1973, as amended through the 100th Congress. Unless otherwise noted, definitions are taken from the Federal Register, Vol. 56, No. 225, November 21, 1991 (50 CFR Part 17). DE STATUS Endangered DEFL tITION A taxon "in danger of extinction throughout all of a significant portion of its range." LT Threatened A taxon "likely to become an endangered species within the foreseeable future throughout all of a Candidate significant portion of its range." A taxon under consideration for which there is sufficient information to support listing. This categor: was formerly designated as a Candidate 1 (Cl) species. C Federal "Species of Concern" (also called "Species at Risk"). Formerly defined as a taxon under consideration for which there is insufficient information to support listing; formerly designated as a Candidate 2 (C2) species. Currently, the US Fish and Wildlife Service does not recognize this as an ?(S/A) official designation. Threatened due to Similarity of Appearance. The Endangered Species Act authorizes the treatment of a species (subspecies or population segment) as threatened even though it .is not otherwise listed as threatened if: (a) The species so closely resembles in appearance a threatened species that enforcement personnel would have substantial difficulty in differentiating between the listed and unlisted species; (b) the effect of this substantial difficulty is an additional threat to a threatened species; and (c) such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of the Act. The American l e Alligator has this designation due to similarity of appearance to other rare crocodilians. The Bog Tur (southern population) has this designation due to similarity of appearance to Bog Turtles in the threatened northern population. pD Species has been proposed for de-listing. 11 JAL :AND STATE R:\NKS Jsanks are determined by The Nature Conservancy's system of measuring rarity and threat status. "Global" refers :o rl ide ranks and "State" to statewide ranks. '? RAINK DEFMITIONS Critically imperiled in North Carolina because of extreme rarity or otherwise very vulnerable to extirpation to the star. Imperiled in North Carolina because of rarity or otherwise vulnerable to extirpation in the state. f Rare or uncommon in North Carolina. I r Apparently secure in North Carolina, with many occurrences. 5 Demonstrably secure in North Carolina and essentially ineradicable under present conditions. A Accidental or casual; one to several records for North Carolina, but the state is outside the normal range of the species. Of historical occurrence in `forth Carolina, perhaps not having been verified in the past 25 years, and suspected to be still extant in the state. ;R Reported from North Carolina, but without persuasive documentation for either accepting or rejecting the report. Believed .to be extirpated from North Carolina. I Possibly in peril in North Carolina, but status uncertain; more information is needed. ;? Unranked, or rank uncertain. S Rank of breeding population in the state. Used for migratory species only. S1 Rank of non-breeding population in the state. Used for migratory species only. SZ Population is not of significant conservation concern; applies to transitory, migratory species. BAL RANK DEFINITIONS Critically imperiled globally because of extreme rarity or otherwise very vulnerable to extinction throughout its range. 2 Imperiled globally because of rarity or otherwise vulnerable to extinction throughout its range. Either very rare and local throughout its range, or found locally in a restricted area. Apparently secure globally, although it may be quite rare in parts of its range (especially at the periphery). G5 Demonstrably secure globally, although it may be quite rare in parts of its range (especially at the periphery). Of historical occurrence throughout its range. Believed to be extinct throughout its range. GU Possibly in peril, but status uncertain, more information is needed. Unranked, or rank uncertain. tQT- Of questionable taxonomic status. Status of subspecies or variety; the G rank refers to the species as a whole. LDMONAL DEFINITIONS lements within a county are subdivided into "Current", "Historic", or "Obscure" records. Current record: the element was last observed in the county at most 20 years ago. Historic record: the element was last observed in the county more than 20 years ago. In a few cases, the element was observed within the past 20 years, but is now believed to be absent from the county. Obscure record: the date the element was last observed in the county is uncertain. 'NOTE: Scientific and common names listed in parentheses are synonymlisted in US Fish and Wildlife Service, 1992, Endangered and Threatened Species of the Southeastern United States (The Red Book). JunuarY. 2000 VC `IaTLRaL HERITAGE PROGRAM, DIVISION OF PARKS AND RECREATION. DE`IR Worksheet Worksheet for Trapezoidal Channel Project Description Worksheet Bio-engineering Li Flow Element Trapezoidal Chan Method Manning's Formul Solve For Discharge Input Data Mannings Coeffi .045 Slope 1.50 % Depth 3.50 It ' Left Side Slope 1.00 H : V Right Side Slope 1.00 H : V Bottom Width 1.00 ft Results Discharge 370.79 cis Flow Area 50.7 ft2 Wetted Perim 20.90 It Top Width 18.00 ft Critical Depth 2.98 ft ' Critical Slope 2.62 % Velocity 7.31 ft/s Velocity Head 0.83 ft Specific Ener 4.33 ft Froude Numb 0.77 Flow Type ubcritical ` 's ' ?R - I ? t f .' /. L r C-. "'}" ! ?? .. i ?. _.: (t•- 4 I.J 1 ''n X t ,s ? ? . ' Cm.' ? i ? ; ' . Project Engineer: Steven Canter FlowMaster v6.0 [614b] c:\haestad\fmw\meridian dr. shear stress City of Charlotte 06/30/00 11:13:32 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 1 Curve Plotted Curves for Trapezoidal Channel Project Description Worksheet Bio-engineering Li Flow Element Trapezoidal Chan Method Manning's Formul Solve For Discharge Input Data Mannings Coeffi .045 Slope 1.50 % Left Side Slope 1.00 H : V Right Side Slope 1.00 H : V Bottom Width 1.00 ft Attribute Minimum Maximum Increment Depth (ft) 2.00 4.00 0.25 8.0 7.5 7.0 o? 6 5 6.( 5.: Worksheet: Bio-engineering Limits Velocity vs Depth Project Engineer: Steven Canter c:\haestad\fmw\meridian dr, shear stress City of Charlotte FlowMaster v6.0 [614b] 06/30/00 11:20:45 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 5.01 2.0 2.5 3.0 3.5 4.0 Depth h (ft) I Curve Plotted Curves for Trapezoidal Channel Project Description Worksheet Bio-engineering Li ' Flow Element Trapezoidal Chan Method Manning's Formul Solve For Discharge Input Data Mannings Coeffi .045 Slope 1.50 % Left Side Slope 1.00 H : V Right Side Slope 1.00 H : V Bottom Width 1.00 ft Attribute Minimum Maximum Increment Depth (ft) 2.00 4.00 0.25 ' 500.0 ______ Worksheet: Bio-engineering Limits _____________________ Discharge vs Depth I 1- - - - - - - - - - - - - - - - - - ------------------ I 1 I 450.0 I I I _ I I I I I I I I I I I 1 400.0 - I I I 350.0 - 1 1 I I I I I I I I I I I I 1 I f0? 3000 U V N I -----------1 I 1 Q I I I I 250.0 - I I I 1 1 1 1 I 200.0 - I I I I ---------- 150.0 _ _ _ _ 1 I I I _ _ _ _ _ _ _ _ _ _ - -I- _ _ _ _ _ _ _ - _ - _ _ _ _ _ _ _I----------------- J ----------------- 100.0 1 I I 1 I I 1 I I 2.0 2.5 3.0 3.5 4.0 Depjh ff Project Engineer: Steven Canter c:\haestad\fmw\meridian dr. shear stress City of Charlotte FiowMaster v6.0 (614b] ' 06/30/00 11:13:53 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1