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HomeMy WebLinkAbout19880034 Ver 1_COMPLETE FILE_19880902s ^` sun o State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary October 4, 1988 Director Mr. C. D. Readling City of Charlotte Engineering Department 600 E. Fourth Street Charlotte, NC 28202-2844 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Extension of Westinghouse Blvd. City of Charlotte Sugar Creek and Kings Branch Mecklenburg County Dear Mr. Readling: Attached hereto are two (2) copies of Certification No. 2275 issued to City of Charlotte dated October 4, 1988. If we can be of further assistance, do not hesitate to contact us. Sincerely, fVlginal Signed By Uiam C. Mills R. Paul Wilms cc: Wilmington District Corps of Engineers Mooresville Regional Office Mr. William Mills Mr. David Owens Pollution Prevention PaYs P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733-7015 0''." , NORTH CAROLINA Mecklenburg County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section'.0500 to City of Charlotte pursuant to an application filed on the 12th day of August, 1988 to extend Westinghouse Boulevard between Downs Road and South Boulevard. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Rings Branch and Sugar Creek in conjunction with the proposed roadway extension in Mecklenburg County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). 2. That appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 4th day of October, 1988. DIVISION OF ENVIRONMENTAL MANAGEMENT ;nal Signed By C. Mills For R. Paul Wilms, Director WQC# 2275 M STATE v ?c State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary October 4, 1988 Director Mr. C. D. Readling City of Charlotte Engineering Department 600 E. Fourth Street Charlotte, NC 28202-2844 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Extension of Westinghouse Blvd. City of Charlotte Sugar Creek and Kings Branch Mecklenburg County Dear Mr. Readling: Attached hereto are two (2) copies of Certification No. 2275 issued to City of Charlotte dated October 4, 1988. If we can be of further assistance, do not hesitate to contact us. Sincerely, Original Signed By William C. Mills For R. Paul Wilms cc: Wilmington District Corps of Engineers Mooresville Regional Office_ Mr. William Mills Mr. David Owens Pollution Prevention Pars P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 NORTH CAROLINA Mecklenburg County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section '.0500 to City of Charlotte pursuant to an application filed on the 12th day of August, 1988 to extend Westinghouse Boulevard between Downs Road and South Boulevard. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Kings Branch and Sugar Creek in conjunction with the proposed roadway extension in Mecklenburg County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). 2. That appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 4th day of October, 1988. DIVISION OF ENVIRONMENTAL MANAGEMENT original Sighed BY William C. ibiills For R. Paul Wilms, Director WQC# 2275 DIVISION OF ENVIRONMENTAL MANAGEMENT September 29, 1988 MEMORANDUM TO: Bill Mills FROM: D. Rex Gleason SUBJECT: 401 Water Quality Certification Kimley-Horn and Associates, Inc. Fill Placement in Wetlands of Sugar Creek and Kings Branch Mecklenburg County, North Carolina This office has reviewed the proposal for two fill placement projects needed for the improvement of Charlotte's roadway transportation system. The projects are as follows: 1. Placement of 61,500 cubic yards of fill material in approximately 2.4 acres of wetlands to construct an accessway/bridge crossing of about 1550 feet at Sugar Creek. 2. Placement of 375 cubic yards of fill material in approximately 1.0 acre of wetlands for the placement of three (3) reinforced concrete culverts at Kings Branch. The subject proposals will result in destruction of fish and wildlife habitats in the immediate area of the fill placements. Violations of water quality standard for turbidity may also result in the streams near the immediate area of construction. However, we do not believe the proposals will result in long term or irreversible impact on water quality in the area, provided adequate measures are taken to control runoff, and construction activity is limited only to the area absolutely necessary for completion of the projects. If you have questions regarding this matter, please advise. DRG:se ''„a SfAT£ w' oG cs ? ?' •"k WAm State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor August 17, 1988 Mr. R. Paul Wilms, Director Water Quality Section Division of Environmental Management Raleigh, North Carolina 27611 Dear Mr. Wilms: S. Thomas Rhodes, Secretary The attached U. S. Army Corps of Engineers Public Notice No, 0465 dated -8/11188 describing a project proposed by The City of Charlotte is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 9/12/8 Very sincerely, John R. Parker, Jr. 404 Coordinator REPLY This office objects to the project as proposed. Comments on this project are attached. This office supports the project proposal. No comment. Signed Date Agency JRP : j r. / aw P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 An Equal Opportunity / Affirmative Action Employer r DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC088-N-060-0465 August 11, 1988 PUBLIC NOTICE THE CITY OF CHARLOTTE, ENGINEERING DEPARTMENT, Charlotte-Mecklenburg Government Center, 600 East Fourth Street, Charlotte, North Carolina 28202- 2844, represented by KIMLEY-HORN AND ASSOCIATES, INCORPORATED, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN WETLANDS OF SUGAR CREEK AND KINGS BRANCH ASSOCIATED WITH CONSTRUCTION OF WESTINGHOUSE BOULEVARD BETWEEN DOWNS ROAD (S.R. 1129) AND SOUTH BOULEVARD (U.S. HIGHWAY 521), CHARLOTTE, Mecklenburg County, North Carolina. The following description of work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show roadway crossings of wetlands at two sites, Sugar Creek and Kings Branch. Approximately 61,500 cubic yards of fill material are to be placed in approximately 2.4 acres of wetlands to construct an accessway/bridge crossing of about 1,550 linear feet at Site 1, Sugar Creek. At Site 2, Kings Branch, approximately 375 cubic yards of fill material are to be placed in approximately 1.0 acre of wetlands associated with the placement of three 10-foot by 12-foot, reinforced concrete box culverts. Approximately 160 linear feet of wetlands are to be spanned at this site. The purpose of the work is to improve the City of Charlotte's roadway transportation system. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. r The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the r -3- Clean Water Act. The application and this public notice for the Department of the Army permit serve as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after September 2, 1988. All persons desiring to make comments regarding the application for Clean, Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before August 29, 1988, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m., September 12, 1988, or telephone (919) 343-4725. ,k; D' k SITE I ?,.• r'- ? ?' ?, ?' - n , , ` ?.,, • SITE 2 ? ??' Ii ? /J dfr, so, mac: u2a ??? ?. X40 oG''? 50 /i 600 \ \ J -? END PROJ. BEGIN PROD. `r - rrt Y? 1126 V boo ^ n J r /?. 1123 110 11K:'1 NC 521-? % so %Agt 50 Ilk LOCATION MAP SHOWING SITES FOR PERMIT APPLICATION ALONG PROPOSED WESTINGHOUSE BLVD. EXTENSION 0 2000' 4000' SCALE IN FEET MECKLENBURG COUNTY, NORTH CAROLINA APPLICATION BY : CITY OF CHARLOTTE ' CITY OF CHARLOTTE PROD, 512-87-255 - -- - - SHEET I OF 6 JULY, 1988 MATCH LINE g0+00 .00 F F 1 1 DENOTES FILL IN WETLANDS LIMITS OF 1 WET LANDS ` TOTAL WETLAND AREA : SITE 1 2.4 ACRE3 1 52 1 TOTAL FLL IN WETLANDS 61,500 C.Y. 1 F_F 1 TOTAL FILL FOR ENTIRE PROJECT 344,000 C.Y. 1 W I 7 1 a0 V WOODS I v • a N I U G I cn II WOOD3 0 a I ? III U) w i ?' ? II a -j? LL. I III . III PC. 53+26.36 F II W I I II SITE I a a ICI a PROPOSED FILL IN WETLAND: ADJACENT TO SUGAR CREEK I N I FOR PROPOSED WESTINGHOU; BLVD. EXTENSION. 0 100' 200' SCALE IN FEET McDEVITT & STREET CO. TO SOUTH BLVD. 2416 PT. 68 1 DENOTES FILL IN WETLANDS LIMITS OF WETLANDS 30' ?V OqR 36" SAN. SEWER O U U) J Q W F- Q Z Q U J XW , it "CREEK 65 MH SITE I TOTAL WETLAAD AREA 2.4 ACRES TOTAL FILL-IN WETLANDS 61,500 C.Y. TOTAL FILL FOR ENTIRE PROJECT 344,000 C.Y. O U J Q W H Q 0 100' 200' ZQ SCALE IN FEET U J D SITE I > J J U. U. 0 o Ulu~F MATCH LINE -60+00-00 PROPOSED FILL IN WETLANDS ADJACENT TO SUGAR CREEK FOR PROPOSED WEVIOGHOUSE BLVD. EXTENSION MECKLENBURG COUNTY, N.C. APPLICATION BY : CITY OF CHARLOTTE CITY OF CHARLOTTE PROD. 512-87-255 SFEEf 3 OF 6- - JUNE.- 1388 m J W OC Z F U) ? F V Z J I M m? ? z WOODS 9 a I I 52' WOODS U) DENOTES FILLIN WETLANDS I z F-F ? ? ' I Q c? ti i p 89 LMT OF WETLANDS 1 T.93 KINGS PROPO 3-10'x1 ' RC BOX BRANCH KINGS BRANCH V m 1 W >- LUTS OF Y g WETLANDS WOODS WOODS U 1 g° ? / SITE 2 1 TOTAL WETLAND AREA 1.0 ACRE 1 - TOTAL FLL IN WETLANDS 39 000 C.Y. TOTAL FILL BELOW OHW 375 C.Y. z . _ V Z W Q V SITE 2 J QZ PROPOSED FILL IN KW3 J BRANCH AND ADJACENT WETLANDS FOR PROPOSED WESTINGHOUSE BLVD. EXTENSION 0 50' 100' 200' SCALE IN FEET - - - - - -- MECKLENBURG COUNTY. N.C: APPLICATION BY : CITY OF CHARLOTTE CITY OF CHARLOTTE PROD. 512-87-255 SHEET 5 OF 6 JUNE 1988 - PROPOSED GRADE LINE 80 STA. 87+93 PROPOSED 3-10'x12' R.C. BOX CULVERT 570 60 ORK~Y HISMATER 10' 550 1 NATURAL GROUND 540 rl 1-4 (TYP.) L EXISTING KINGS BRANCH SECTION A-A SITE 2 0 10. go. SCALE IN FEET SITE 2 PROPOSED TRIPLE 10'x12' R.C. BOX CULVERT UNDER WESTINGHOUSE BLVD. ON KINGS BRANCH. DENOTES AREA OF BACKFLL MECKLEN13URG COUNTY. N.C. APPLICATION BY : CITY OF CHARLOTTE BELOW OR ORIDINARY HIGHWATER CITY OF CHARLOTTE PROD. 512-87-255 SHEET 6 OF 6 JUNE. 1988 y DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC088-N-060-0465 August 11, 1988 PUBLIC NOTICE THE CITY OF CHARLOTTE, ENGINEERING DEPARTMENT, Charlotte-Mecklenburg Government Center, 600 East Fourth Street, Charlotte, North Carolina 28202- 2844, represented by KIMLEY-HORN AND ASSOCIATES, INCORPORATED, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN WETLANDS OF SUGAR CREEK AND KINGS BRANCH ASSOCIATED WITH CONSTRUCTION OF WESTINGHOUSE BOULEVARD BETWEEN DOWNS ROAD (S.R. 1129) AND SOUTH BOULEVARD (U.S. HIGHWAY 521), CHARLOTTE, Mecklenburg County, North Carolina. The following description of work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show roadway crossings of wetlands at two sites, Sugar Creek and Kings Branch. Approximately 61,500 cubic yards of fill material are to be placed in approximately 2.4-acres of wetlands to construct an accessway/bridge crossing of about 1,550 linear feet at Site 1, Sugar Creek. At Site 2, Kings Branch, approximately 375 cubic yards of fill material are to be placed in approximately 1.0 acre of wetlands associated with the placement of three 10-foot by 12-foot, reinforced concrete box culverts. Approximately 160 linear feet of wetlands are to be spanned at this site. The purpose of the work is to improve the City of Charlotte's roadway transportation system. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. M -2- The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the w -3- Clean Water Act. The application and this public notice for the Department of the Army permit serve as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after September 2, 1988. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before August 29, 1988, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m., September 12, 1988, or telephone (919) 343-4725. pv 0+00AO CH LINE 6 pT M F F ` 1 DENOTES FILL IN WETLANDS LIMITS OF ` V WET LANDS TOTAL WETLAND AREA : SITE 1 2.4 ACRES 1 52' 1 TOTAL FLL IN WETLANDS 61,500 C.Y. F_F TOTAL FILL FOR ENTIRE PROJECT 344,000 C.Y. 1 ' 1 W ? , 1 I aD v I WOODS 1 u • N . ?. I I 0 I ci U I U) I II WOODS O a I III ? Q' U r ?? II Q I W 1 .. Q ? III > ?Il ? o J ? - III PC. 53+26.36 F II I W N II SITE I N ICI a PROPOSED FILL IN WETLANDS ADJACENT TO SUGAR CREEK I FOR PROPOSED WESTINGHOUSE BLVD. EXTENSION. MECKLENBURG COUNTY, N.C. APPLICATION BY : CITY OF CHARLETTE 100, 200, CITY OF CHARLETTE PROD. 512-87-255 SHEET 2 OF 6 JUNE, 1988 SCALE IN FEET McDEVITT 8 STREET CO. TO SOUTH BLVD. S& Il 'I cp. 16 T 11 30' \L_ ?V GqR 36" SAN. SEWER DENOTES FILL IN WETLANDS LIMITS OF WETLANDS &W . it ?R?EK 63 MH C t SITE I TOTAL WETLAND AREA 2.4 ACRES TOTAL FILL-IN WETLANDS 64500 C.Y. TOTAL FILL FOR ENTIRE PROJECT 344,000 C.Y. O V O J V Q J W Q H ' O 100' 200 W Q SCALE IN FEET Q ? V Z ; SITE Q V PROPOSED FILL IN WETLANDS J ADJACENT TO SUGAR CREEK > FOR PROPOSED WESTMHOUSE o BLVD. EXTENSION W W H F MECKLENBURG COUNTY, N.C. APPLICATION BY : CITY OF CHARLOTTE LINE -6Q+00.00 ATCH - - - -CITY-OF tHARL E PROJ.-512=87=2b3 - - M SHEET 3 OF 6 JUNE. 1988 ??, S J W L Z = F 9 40 V F z / F- Q WOODS 9 c, I WOODS _ J z 52' F-F 1 I c? ' 1 Z p 89 U ' L V V ANDS I KINGS BRANCH 1 WOODS Z Li U Z Q J g LIMITS OFr--,-.,. WETLANDS WOODS `4?? z ~ DENOTES FILLIN WETLANDS Q 0 7+93 , PROPOSED 3- KINGS BRANCH U m 2 W ? J H Y WO / SITE 2 TOTAL WETLAND AREA 1.0 ACRE / TOTAL FILL IN WETLANDS 39000 C.Y. TOTAL FILL DELOW OHW 375 C.Y. CV z j w SITE 2 U ZQ PROPOSED FILL N KINGS J DRANCH AND ADJACENT WETLANDS FOR PROPOSED WESTINGHOUSE BLVD. EXTENSION MECKLENBURG COUNTY. N.C. 0 50' 100' 200' APPLICATION BY : CITY OF CHARLOTTE CITY OF CHARLOTTE PROD. 512-87-255 SHEET 5 OF 6 JUNE. 1988 SCALE_ IN -FEE'C- -- - - - - - , e PROPOSED GRADE LINE 580 STA. 87.93 PROPOSED 3-10'x12' R.C. BOX CULVERT 570 60 ORDINARY HIGHWATER 10' 550 1 NATURAL GROUND 540 wj 11'> : (TYP.) EXISTING KINGS BRANCH SECTION A-A SITE 2 0 10' _ 20' SCALE IN FEET SITE 2 PROPOSED TRIPLE 10'x12' R,C. BOX CULVERT UNDER WESTINGHOUSE BLVD. ON KINGS BRANCH. DENOTES AREA OF BACKFILL MECKLENBURG COUNTY. N.C. BELOW OR ORDINARY HIGHWATER APPLICATION BY : CITY OF CHARLOTTE CITY OF CHARLOTTE PROD. 512-87-255 SHEET 6 OF 6 AM, 1988 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 10, 1988 SUBJECT: File No. SAWC088-N-060-0465 ECEI1ED j.!_` j 1 ? X88 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of the City of Charlotte, Engineering Department, for Department of the Army authorization and a State Water Quality Certification to place fill material in wetlands of Sugar Creek and Kings Branch to extend Westinghouse Boulevard between Downs Road (S.R. 1129) and South Boulevard (U.S. Highway 521), Charlotte, Mecklenburg County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request by October 10, 1988, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure 1 ? 1 1 ' 1 -2- Copy Furnished (without enclosure): Mr. John Parker North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 ti ? @tO.i_JSL1 J1;;1jiJ.Ca. 1 D:9?i8!_._?f1J 1 . A!iii? 79i1'fu`1 Qf1QL ozi7 j,fv)`:-J7tiC{3Q anilo-nij fl_ -'Lo'l l,j 11 ?,9j luozl51.L jla-lujs;> a JLl3mGO-It • 5d kiinUfALIC:.i c' .city xod 3ai !u J v 11 6'l Gfilio7-J fi17c!1 ?f1Biols:i Kimley-Horn and Associates, Inc. 901 Jones Franklin Road, Raleigh, N.C. 27606 • (919) 851-8260 Raleigh, Durham, Charlotte, West Palm Beach, Tampa, Orlando, Phoenix, Dallas Ft. Lauderdale, Miami, Nashville, Austin, Virginia Beach, Northern Virginia July 26, 1988 District Engineer U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Attn: Mr. Hugh Heine Regulatory Branch Sub j: Section 404 Permit Section 401 Water Quality Certification Dear Sirs: P r- t CEIV D '_` 0 3 1988 AA* The City of Charlotte is planning to construct Westinghouse Blvd. from Downs Road (SR 1129) to South Blvd. (US 521). In order to construct this project, it will be necessary to cross Sugar Creek and Kings Branch along with their adjacent wetlands. Please refer to your letter to us dated May 3, 1988 for wetland limits. Enclosed herewith are the original drawings showing the project location and the fill material in the wetlands for both sites, along with the application form for the 404 permit. By copy of this letter and drawings to Mr. William C. Mills with the Water Quality Section of the North Carolina Department of Natural Resources and Community Development, we are requesting that a 401 Water Quality Certification be issued. Your expeditious handling of this will be appreciated. If additional information is desired, please contact Mr. Gus N. Saparilas at the office. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. -7?m,? -,V -;?? Norman H. Willey, P.E. Associate NHW/GNS:Ids Mr. Hugh Heine July 26, 1988 Page Two xc: Mr. William C. Mills w/copies of drawings Water Quality Section Division of Environment Management N.C. Dept. of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 xc: Mr. Jay H. Montgomery Engineering Department Charlotte - Mecklenburg Government Center 600 East Fourth St. Charlotte, North Carolina 28202-2844 1451.14 C APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT pgarlaiaitt of tlN Awtttr"^ (GS 14 wt of AdiriMilwa SDooarotn mom of N carat Rawrraa and CernnrrwrrlW Oa?lt+onrwrt CaR 69 Ifiekw% WNW 4111111111111411 Oltrtiet (GS 141 12) (GS 113229,143215.3(a)(1).143213.3(c). 113A•119 133 CFA 209.320.3291--- Plsase type Of print and fill in all blanks. If information is not applicable, so indicate by placing NIA in bkank. 1. Applicant information A. Name city of Charlotte - gngineering Department First Middle Last charlotte-Mecklenburg Government Center 600 E. Fourth Street 8. Address Street, P. O. Box or Route North Carolin 28202-2844 Charlotte (704) 336-229 , City or Town State Zip Code Phone IL London of Proposed Project: A. County Meckl enburg k Charlotte l d -- mar an B. 1. City. town, community or 2. IS proposed work within city limits? Yes X No g' Site 1 - C. Creek, river, sound or bay upon which project is located or nearest named body of water to proiect C Sugar Creek - Site 2 - Kings Branch IIL Description of Project k N X ew wor A. 1. Maintenance of existing project 2. B. Purpose of excavation or fill th h de d p t 1. Access channel length-wi 2. Boat basin length_ width depth Owidth 160'± depth n th X l 20' Site 1 - 40i Site 2 g - e 3. Fill area depth idth • 4. Other length_ w f MHW ( horeiinei d N A s o Average distance waterwar C. 1. Bulkhead length n (material) ti d o construc 2. Type of bulkhea D, Fill Anaterul (total for project) h Eart 344 000 1. Cubic yards + 2. Type of material E. Fill material to be placed below OHW (see also VI A) (Ordinary High Water) 1. Cubic yards 400 2. Type of material Earth (Site 2) 1 500 G Y. Total Fill in Wetlands both sites. IV. Land Type, Disposal lea. and onstruction quipment: A. Does the area to be excavated include any marshland, swamps or other wetland) Yes No X B. Does the dispnul area include any marshland, swamps or other wetland ) Yes No X C. Disposal Area N/A 1. Location 2. Do you claim title to disposal area! D. Fill material s•wice if lilt is to be trucked in Project Cut Sections E. How will excavated material be entrapped and erosion controlled) ci 1 t FPnc a Silt iii t-chaa i silt.basins etc. F. Type of equipment to he used Highway construction equipment G. Will marshland he crossed in transporting equipment to protect site? It yes, explain No OAF411 Rev. 1009 V. k acid Uee Ge hairct Me (Detea4bl A. 2. P ConaO Construction of Westinghouse Blvd. M111 ?ced 3. Hottsirtg D*vWcw"wd or IrAusaW 4r Odw IL 1. Lot an(s) N/A N/A t Ekwadon of loth) above mean high water 3. Sell type and tatture 4. Type of building facilities or structures S. Sewap disposal andlor waste water treatment A. Exisurn N/A - Planned B. Describe 6, t.aetd Clasufiration (circle are) DEVELOPED TRA!rSt I trJ.Na:_ GO. Sete CAM Loa ORAL s. Wan Synopsis) CONSERVATION OTHER V1. Pertaining to Fill and Water Quality. ordin,ar? A. Dots the proposed orniect :roolve the placement of fill materiaK below Run' .rig water.t uW No a 1. Will any runoff or discharge enter adiacent waters as a result of protect activity or planned tags of of th the area following protect completitxd Yes-L140 2 Type of discharp Runoff from new road I Location of discharge N/A t VIL hrwtt rate of shoreline erosion Iif known): N/A VUL L IK peimsk numbers and issue dates of previous Department of Army Ceres of Engineers or State perntita fart' . want in project area, if applicable: N/A UL Lettph of time required to complete proiect: Approximately 2 years )L In addkien to the completed application form, the fotlowiry item must be provided: A. Attach a copy of the dead (with State application only) or other instrument under which applicant plaints title to the affected property. OR if applicant Is not claiming to be the owner of said property. then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. L Attach an accurate work plat drawn to scale on 8'h X 11" white paper (see instruction booklet for details). Note: Original drawings preferred . only h,ah quality copies accepted. G A copy of the atioltcauon and Plat must be served upon adiacent riparian landowners by registered or certified mail or by oubltcatton (G.S. 113.229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 d.vs to which to submit comments to aeencies listed below. See attached sheet XL Cmtification requirement: I certify that to the best of my knowledge, the proposed activity compiles with the State of North Carolinas approved coastal management Program and will be conducted in a manner consistent with such program. X11. Any permit issued pursuant to this application will allow only the development described to this appli Cation and Plat. Applicants should therefore describe in the application and plat all anticipated deveb t activities, including construction, excavation, filling, and la cl ing. DATE v Applicant's Signature eas?? SEE REVERSE SIDE FOR MAILING INSTRUCTIONS t WESTINGHOUSE BLVD. EXTENSION Adjacent Riparian Landowners Site 1 - Sugar Creek 1. Vulcan Materials co. P.O. Box 4195 - Winston Salem, N.C. 27105 2. McDevitt and Street Co. P.O. Box 32755 - Charlotte, N.C. 28232 Site 2 - Kings Branch 1. Lance, Inc. P.O. Box 32368 - Charlotte, N.C. 28232 2. Mecklenburg Co. c/o Hamlin L. Wade 2100 First Union Plaza - Charlotte, N.C. 28282 3. Dewitt Currie 7024 Montgomery Rd. - Lake Wylie, S.C. 29710 4. F. D. Austin Heirs 2117 Dartmouth Place - Charlotte, N.C.. 28207 a x ?r 40 SITE I SITE 2 a O 60 50 ? fir; y?r . • ` • END PROJ j BEGIN PROJ. 1126 r ??? JO , as '` M o 'bp 1129 10?-'i I / ?? NO 51, 110 ????? ? :? ??:???__,_"-k ??_??s?o ; ' • ..•? Pin ,? ?; ; to i?,, , : ? ? ?._,7??" ? , . ? ,? . ?.• ..:'- O t* Or/ ' i LOCATION MAP SHOWING SITES FOR PERMIT APPLICATION ALONG PROPOSED WESTINGHOUSE BLVD. EXTENSION 0 2000' 4000' SCALE IN FEET MECKLENBURG COUNTY, NORTH CAROLINA APPLICATION BY : CITY OF CHARLOTTE CITY OF CHARLOTTE PROD. 512-87-255 SHEET I OF 6 JULY, 1988 0+00 .0O, LINE 6 MATCH F F ` 1 DENOTES FILL IN WETLANDS LIMITS OF 1 WET LANDS TOTAL WETLAND AREA : SITE 1 2.4 ACRES 1 52' ' TOTAL F(L.L IN WETLANDS 61,300 C.Y. F-F TOTAL FILL FOR ENTIRE PROJECT 344,000 C.Y. 1 1 1 W I O , 1 a0 v I WOODS I v • N O. o I I O U I U) I II WOODS O Q I III U V U) ` I F- I ? II Q a I Ix J ? ? o I ? z Il w U) II W I U m O ? ? I? J I l > III PC. 53+26.36 v Ila F I w w I II SITE I in a ICI N PROPOSED FILL IN WETLANDS co L ADJACENT TO SUGAR CREEK co I - FOR PROPOSED WESTINGHOUSE II BLVD. EXTENSION. MECKLENBURG COUNTY, N.C. APPLICATION BY : CITY OF CHARLETTE O 100' 200' CITY OF CHARLETTE PROD. 512-87-255 SHEET 2 OF 6 JUNE, 1988 SCALE IN FEET a- ? a\ w m McDEVITT & STREET CO. TO SOUTH BLVD. PT • 66+2436 m 1 68 1 LIMITS OF WETLANDS 30' \ SVGA ?cREK R -11 65 36" SAN. SEWER DENOTES FILL IN WETLANDS SITE I TOTAL WETLAND AREA 2.4 ACRES TOTAL FILL-IN WETLANDS 61,500 C.Y. p TOTAL FILL FOR ENTIRE PROJECT 344,000 C.Y. O O U O J ? a It J W Q ? ' 0 100' 200 W Q SCALE IN FEET Q ? U Z SITE I Q ] U J PROPOSED FILL IN WETLANDS -? J _j ADJACENT TO SUGAR CREEK > -i I FOR PROPOSED WESTINGHOUSE o BLVD. EXTENSION 0 W w H F MECKLENBURG COUNTY, N.C. APPLICATION BY : CITY OF CHARLOTTE TCH LINE 60+00.00 CITY OF CHARLOTTE PROJ. 512-87-255 MA Cuvw-r no A -11 IWR IQAA J U = w z F 0 F U 0 z F- Q ~ I \ m? I z 9 O I I WOODS DENOTES FILLIN WETLANDS WOODS (a -. Cn I Z 52' F-F U I Q Q ' ci Z p 89 LIMIT OF WETLANDS i z I ? O 1' 7+93 PROPOSED 3-10'x12' RC BOX KINGS KINGS BRANCH BRANCH C9 87 1 m z W }- LIMITS OF Y Z WETLANDS W O 'WOODS 1 0 I WOODS 80 / SITE 2 1 N _ TOTAL WETLAND AREA 1.0 ACRE C / TOTAL FILL IN WETLANDS 39,000 C.Y. 1 TOTAL FILL BELOW OHW 375 C.Y. CL 8 / U Z LLj z Z w SITE 2 Q U J Z PROPOSED FILL IN KINGS Q BRANCH AND ADJACENT WETLANDS FOR PROPOSED WESTINGHOUSE BLVD. EXTENSION MECKLENBURG COUNTY, N.C. 0 50' 100' 200' APPLICATION BY : CITY OF CHARLOTTE CITY OF CHARLOTTE PROD. 512-87-255 SHEET 5 OF 6 JUNE. 1988 SCALE IN FEET h ? i PROPOSED GRADE LINE 580 STA. 87.93 PROPOSED 3-10'x12' R.C. BOX CULVERT 570 560 ORIDINARY HIGHWATER 10, f'•' ? 550 1 NATURAL GROUND 540 (TYP.) L EXISTING KINGS BRANCH SECTION A-A SITE 2 O 10• o' SCALE IN FEET SITE 2 PROPOSED TRIPLE 10'x12' R.C. BOX CULVERT UNDER WESTINGHOUSE BLVD. ON KINGS BRANCH. DENOTES AREA OF BACKFILL MECKLENBURG COUNTY, N.C. APPLICATION BY : CITY OF CHARLOTTE BELOW OR ORIDINARY HIGHWATER CITY OF CHARLOTTE PROD. 512-87-255 SHEET 6 OF 6 JUNE. 1986