19970349 Ver 1_COMPLETE FILE_19970421

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
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[D EHNR
July 17, 1997
Mecklenburg County
DWQ Project # 970349
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mrs. Jennifer Glotfelty
Charlotte-Mecklenburg Stormwater Services
600 East Fourth Street
Charlotte, NC 28202-2844
Dear Mrs. Glotfelty:
You have our approval, in accordance with the attached conditions and those listed below, to place a
culvert in 278 feet of stream and stabilize 100 feet of stream for the purpose of stabilizing a streambank at
Briar Creek at Laburnum Ave., as you described in your application dated 12 June 1997. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification Number
3108. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of
Engineers. 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 Watershed regulations. This approval will expire when the accompanying 404
or CAMA permit expires unless otherwise 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 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. Stream mitigation may be required for the project if additional bank stabilization is approved
depending on the aquatic life present in this stream. Any such mitigation would also include the 378 feet
of stream impacted by this 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. 27611-7447. 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 Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
970349.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycledf10% post consumer paper

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STORM
WATER,
Services .
June 12, 1997
Mr. John R. Dorney
Water Quality Certification Program
NCDEHNR
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27626
RE: WQC#970349
Dear Mr. Dorney:
CHARLOTTE STORM WATER
600 EAST FOURTH STREET
CHARLOTTE, N C 28202-2844
OFFC: 704. 336.4202
FAX: [phone],-
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This is in response to your letter dated May 14, 1997, concerning the proposed channel
improvements and culvert installation along a tributary to Briar Creek at Laburnum Avenue. In
your letter, you expressed concern about the work proposed, and requested information
supporting the need for the proposed improvements.
The proposed improvements at Laburnum Avenue are part of a larger Capital Improvement
Project in the Chantilly neighborhood. The enclosed location map indicates the areas which have
been targeted for improvements. The main driver for this entire project is the existence of severe
flooding problems at Bay Street as a result of an undersized culvert. Downstream improvements
at Laburnum Avenue and Bascom Street (complete) were necessary to convey the increased flow
without worsening existing problems in those areas. I have included more detailed construction
plans showing the limits of improvements for this phase of the project, along with photographs
of existing conditions in the area for your review.
The specific improvements proposed as part of this phase of the project are listed below followed
by an explanation of the need for each component of the project.
Culvert Installation 0 i 11?
The proposed improvements include the installation of approximately 2781f of double 73" x 55"
arch pipe in place of the existing 65 if of 44" x 72" arch pipe. The increase in pipe size is `
necessary to pass the 25-yr design storm in accordance with the Charlotte-Mecklenburg Storm
Water Design Manual. The extension of the new pipe downstream of the existing culvert is
required for constructability reasons. The installation of the larger culverts requires a wider
downstream channel. Due to the proximity of homes and a garage along the existing creek,
41
construction of an open channel is not a feasible alternative without substantial risk of damage to
these existing structures (see photos and plans). The grade of the new culvert has been lowered
and as a result, the culvert extension on the upstream side is necessary to provide a tie-in to the
existing channel.
Downstream Channel Improvements
The proposed downstream channel improvements include the installation of approximately 115
feet of gabion baskets and another 25 feet of rip-rap lined channel. The channel downstream of
the existing culvert is severely eroded and in extremely poor condition (photos 1-4). The
existing channel is approximately 7-10 feet deep with near vertical side slopes. The use of
gabion baskets is proposed to limit the overall width of the downstream channel through this area
and to provide a smooth transition to the more stable portions of the channel further downstream.
If gabion baskets or a similar method of stabilizing the side slopes are not used, the channel will
need to be widened by as much as 40 feet, but would then need to be narrowed to approximately
10 feet to match the smaller (shallower and narrower) more stable downstream sections.
Upstream Channel Improvements
The proposed upstream channel improvements include the widening and stabilization of
approximately 525 feet of channel upstream of the proposed culvert. The stabilization consists
of gabion baskets and rip-rap as shown in the proposed cross section layouts. The widening and
stabilization of the upstream channel is necessary to increase the channel capacity to handle the
additional flow from upstream without increasing the risk of flooding to structures or property.
As previously described, the improvements at and around Laburnum Avenue are necessary to
allow for upgrade of the culvert at Bay Street, without worsening existing downstream problems.
Due to a number of time constraints, the quick resolution of your Agency's concerns is of
extreme importance. The first factor is that the existing gabion baskets downstream of
Laburnum Avenue are in poor condition and in danger of a more severe failure. Any such failure
could result in significant damage to the existing house at 2126 Laburnum Avenue. Second, the
construction of the new culvert under the street will require the interruption of gas service which
must be completed by early fall 1997, or wait until late spring of 1998. This type of delay will
increase the risk of damage to the house at 2126 Laburnum Avenue.
Based on the above information, we feel that for the majority of the work proposed, there is no
practicable alternative to what we have proposed. Due to the time constraints noted above, we
would be agreeable to making the following changes:
• Reducing the scope of the proposed upstream channel stabilization from 525 feet to
approximately 100 feet (only that necessary to stabilize existing bend in the creek and
provide a transition to the new culvert) as part of this phase of the project. Once
approved, we can then move forward with our construction while continuing to work with
your agency on acceptable methods for the remaining channel stabilization and
improvements.
• If acceptable, we would consider modifying the proposed culvert from a double arch pipe
to a single span arch with a natural bottom to mitigate the possible impact on aquatic life.
%.
IV ? I will be contacting you within the next several days to discuss our proposed solution in more
detail. We ask that you please consider our proposal and provide us with any comments as soon
as possible. If you have any additional questions please feel free to contact me at [phone]
or (after June 20, 1997) Jennifer Glotfelty at [phone].
Sincerely
0 B. Chapman
cc: Mr. Samar Bou-Ghazale, Mooresville Regional Office, DWQ
Mr. Steve Lund, USACE, Asheville Field Office
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AMPAD REORDER
EFFICIENCY° #23006
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Joseph Chapman
City of Charlotte
600 E. Fourth Street
Charlotte, NC 28202
WQC #970349
Mecklenburg County
Dear Mr. Chapman:
A?IWVAI
?EHNR
May 14, 1997
The Division of Water Quality has reviewed your plans for the discharge of fill material into
1090 linear feet of stream channel (including 340 feet of culverting the channel) located at Briar
Creek (Laburnum Avenue) in Mecklenburg County for streambank stabilization work. Based on
this review, we have identified significant uses which would be removed by this project. These
uses are aquatic life in the stream. Furthermore, insufficient evidence is present in our files to
conclude that your project must be built as planned in waters and/or wetlands in accordance with
15A NCAC 2H.0506. Therefore, we are moving toward denial of your 401 Certification as
required by 15A NCAC 2H.0507(e). Until we receive additional information, we are requesting
(by copy of this letter) that the U.S. Army Corps of Engineers place your project on
administrative hold. Until we receive an answer to this letter, our processing time will not start.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your stream stabilization without culverting
more than 150 feet of stream. Any documentation such as maps and narrative that you can
supply to address alternative designs for your project may be helpful in our review of your 401
Certification. Also this project will require compensatory mitigation as described in 15A NCAC
2H.0506(h). Your mitigation proposal is insufficient because none was provided. Please
respond within two weeks of the date of this letter by sending a copy of this information to me
and one copy to Mr. Samar Bou-Ghazale at the Mooresville Regional Office at 919 North Main
Street, Mooresville, NC 28115. If we do not hear from you in two weeks, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn. I can
be reached at 919-733-1786 if you have any questions.
R. Domey
r Quality Ce ' c on Program
cc: Mooresville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
Asheville Field Office Corps of Engineers
970349.nty
Division of Water Quality - Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, INC 27626-0535 • Telephone [phone] - FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Q)A
ID EHNF10
April 25, 1997
DWQ #970349
Mecklenburg County
Mr. Joseph Chapman
City of Charlotte
600 E. Fourth Street
Charlotte, NC 28202
Dear Mr. Chapman:
On 21 April 1997, you applied to the N.C. Division of Water Quality (DWQ) for a 401 Water
Quality Certification to impact 0.5 acres of waters (including 240 feet of culverting the channel) for your
project streambank stabilization located at Briar Creek near Laburnum Ave. in Mecklenburg County. Your
project has been forwarded to Mr. Mike Parker [phone] of DWQ Mooresville Regional Office for
review. This review will likely require an on-site inspection prior to the approval, modification or denial of
your project site. If you have sent additional information to the U.S. Army Corps of Engineers concerning
this project, please be certain that our staff have copies of this material so we can use it in our process in
making a decision.
According to our preliminary, in-house review since you propose to disturb greater than one acre of
wetlands, it is likely that compensatory mitigation will be required by DWQ for this project as described in
15A NCAC 2H .0506 (h). Our Regional Office staff can make this decision during their site visit. If
adequate mitigation is required but not provided, this project will likely have to be denied. Also if a
mitigation plan is required, we will place this project on hold until its receipt in our Central Office.
Enclosed are materials describing compensatory mitigation requirements for this program. Please call me at
919-733-1786 to discuss these matters if necessary. - Until a mitigation plan is provided, this application is
considered to be incomplete and our processing time will not start.
We recommend that you not impact any wetlands or waters on your project site until a 401 Water
Quality Certification has been issued from Raleigh, The issuance of a Corps of Engineers 404 Permit does
not mean that your project can proceed. According to the Clean Water Act, the 404 Permit is not valid
until a 401 Certification is also issued. If DWQ staff observe impacts which are not allowable, you will be
required to remove the fill and restore the site to its original condition. I can be reached at 919-733-1786 if
you have any questions about the 401 Certification process.
Sincerely,
o R. Dorney ;
W ter Quality Certifi do Program
cc: Mooresville DWQ Regional Office
Central Files
970349.rovst
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
' DEM ID:
97 0349
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: City of Charlotte
2. Owners Address: 600 E. Fourth Street Charlotte NC 28202
3. Owners Phone Number (Home): [phone]
4. If Applicable, Agent's name or responsible corporate official, address, phone number:
Joseph B. Chapman. P.E.
(Same)
5. Location of work (MUST ATTACH MAP). County: Mecklenburg
Nearest Town or City: Charlotte
Specific Location (Include road numbers, landmarks, etc.): Laburnum Ave.. 2100 Block
6. Name of Closest Stream/River: Briar Creek
7. River Basin: Catawba River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use one this property? YES [ ] NO [X ]
If yes, explain.
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File: f luserslenlsharelenlpermitslperm_401.frm Pg I
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.1 acre piped in
Drained:
Flooded:
Excavated: 0.4 channel stabilization/widening
Total Impacted: 0.5
12. Description of proposed work. (Attach PLANS - 8 1/2" X 11" drawings only): _Existing road culvert will be
upgraded and extended approximately 240 feet upstream and downstream Channel improvements for
approximately 500 feet unstream of the new culvert headwall and approximately 150 downstream of the new
endwall. The channel improvments consist of rip rap lined channel with gabion baskets for slope stabilization
in most areas. See sheets 5-11 of 12 for specific cross section details
13. Purpose of proposed work: Increase capacity of road culvert and upstream and downstream channels to
reduce flood damage
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Stabilization measures used provide the most effective solution to increase
channel capacity, minimize private property damage and minimize the channel size required while
minimizing the required channel size
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National-Marine-Fisheries-
Service - NMFS) regarding the presence or any Federally listed or proposed for listing endan gered or threatened
species or critical habitat in the permit area that may be affected by the proposed project. Have you done so?
YES [ ] NO [n/a ] RESPONSES FROM THE USFWS &/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area that may be affected by the proposed project? Have you done so?
YES [ ] NO [n/a ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property: Single family residential
F. If applicable, what is proposed method of sewage disposal? W (J,
14 q?
07
O per's Signature Date
File: f luserslenlsharelenlpermitslperm_401.frm Pg 2
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`4EMORANDUM PRINT NAMES :
Reviewer : Sr" qe aDU-G ??1L?
I'0: JOHN DORNEY WQ SUPV .: Aoie:K C2 / A S01J . ?/
ENVIRONMENTAL SCIENCES BRANCH DATE: S-r7-9 QR
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
''-*EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR:
APPLICANT NAME:
PROJECT TYPE:
COE #:
RCD_FROM CDA:
REG OFFICE:
97 PERMIT NO: 0000349
CITY OF CHARLOTTE
STREAM CHANNELIZ.
APP
MRO
RIVER AND_SUB_BASIN J: 030834
STREAM-CLASS: C
WL_IMPACT?: ©/N
WL REQUESTED : ^_' 0 k0 10 rim(
WL SCORE(#): &//g
COUNTY: MECKLENBURG
PERMIT TYPE: NW26,13
DOT #:
DATE FRM CDA: 04/21/97
STR INDEX N0: 11-137-8-2
WL TYPE :
WL_ACR_EST?: Y/N
WATER IMPACTED BY FILL?:(DN
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off.
MITIGATION? : Y/N MITIGATION-TYPE: Vq V C
MITIGATION_SIZE: DID YOU REQUEST MORE INFO?: O/N
IS WETLAND RATING SHEET ATTACHED?: Y/9)
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): ISSU ISSUE/COND ENY
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cc: Regional Office
Central Files