19970633 Ver 1_COMPLETE FILE_19970714

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
APPROVAL of 401 water Quality Certification
Mr. Tom Van de Venter
CMUD
5100 Brookshire Blvd.
Charlotte, NC 28216
Dear Mr. Van de Venter.
A ??
[D EHNF1
July 28, 1997
Mecklenburg County
WQC 401 Project #970633
COE ID No. 199604424
You have our approval, in accordance with the attached conditions, for the purpose of constructing
25,000 linear feet of sewer line at Hwy 16 and I-485, as you described in your application dated 9 July 1997.
After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3101. This Certification allows you to use Nationwide Permit Number 12 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. Also 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. 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). For this approval to be valid, you must follow the conditions
listed in the attached certification.
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 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
Sincerely,
es 4noward, r. E.
970633.1tr
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% recycled/100/* post consumer paper
HAZEN AND SAWYER
Environmental Engineers & Scientists
July 9, 1997
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
N.C. Department of Environment, Health
& Natural Resources
P.O. Box 29535
Raleigh, NC 27626-0535
970633
Re: 4-Mile Creek Relief Sewer
Charlotte-Mecklenburg Utility Dept.
H & S No. 2100 (12)
Dear Mr. Dorney:
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5
Per your request we are forwarding herewith a copy of Nationwide Permit 12 received from
the U.S. Corps of Engineers and a copy of the EA/FONSI (Finding of No Significant
Impact) statement.
We are also sending two sets of plans and specifications to North Carolina DEHNR for a
Non-Permit application.
Hopefully this information will satisfy the approvals for the 4-Mile Creek Relief Sewer.
However, if additional information is needed, please contact me at 704-357-3150.
Very truly yours,
HAZEN AND SAWYER, P.C.
Ben Thompson, P.E.
Principal Engineer
KD/map
Enclosures: As stated
cc: Ms. Julie McClelland, CMUD
Hazen and Sawyer, P.C.
4944 Parkway Plaza Blvd.
Suite 375
Charlotte, NC 28217
704 357-3150
Fax: [phone]
NewYork, NY - Armonk, NY - Upper Saddle River, NJ - Raleigh, NC • Charlotte, NC - Vienna, VA • Hollywood, FL - Boca Raton, FL - Fort Pieroe, FL - Jupiter, FL - Miami, FL - Bogota, D.E. Colombia

4
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. Prgston Howard, Jr., P.E., Director
099AA
C) EHNF=?L
DATE. May 16, 1997
TO: Jeanette Fumey, State Clearinghouse
FROM: Michelle Suverkrubbe, WQ Planning Branch
THROUGH: Alan Clak&upervisor
RE: EA/FONSI for Clearinghouse Review -Four Mile Creek Relief Sewer
(DEHNR Project # 824); Charlotte-Mecklenburg Utility District
Mecklenburg County
The Division of Water Quality is submitting the enclosed 6 copies of the above FONSI and
Environmental Assessment for State Clearinghouse review. This document has been reviewed at
both the Division level and through DETM and has_5 n amended to satisfy any in-house
concerns. Please publish this project and circulate it in the Environmental Bulletin on May 23,
1997 for a 30 working day review to end July 8, 1997.
If you should have any questions, please give me a call at [phone], ext. 567.
enclosures
cc: Ralph Waters, Hazen and Sawyer (w/FONSI)
Keith Overcash, DWQ - Mooresville Regional Office (w/FONSI)
Coleen Sullins, DWQ - P&E Unit (w/FONSI)
Kim Coleson, DWQ - State Engineering Group (w/final EA and FONSI for file)
misAsc824 memo 4-mile creek
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Environmental Assessment for the
Four Mile Creek Relief Sewer
Charlotte-Mecklenburg Utility District
Mecklenburg County
An environmental assessment (EA) has been prepared, pursuant to the requirements of the North
Carolina Environmental Policy Act, for a proposed relief sewer for the Charlotte-Mecklenburg
Utility District in Mecklenburg County.
The project completes the upper end of the Four Mile Creek outfall which was constructed in 1994.
The proposed gravity sewer outfall lines will be installed parallel to existing lines that were
installed in 1980 but which are currently at capacity. This proposed relief sewer will allow the
abandonment of some existing lines, including 8 aerial lines that currently span the creek on piers.
The proposed line generally parallels the natural drainage of Four Mile Creek, which drains to the
Catawba River Basin. It will include 26,550 linear feet of 8" to 30"-diameter sewer lines with a
3.43 million gallon per day (mgd) flow capacity. The project is located in southeastern
Mecklenburg County, south of Hwy. 51 and east of Hwy. 16. The proposed gravity sewer will
connect to an existing pump station that will pump the wastewater to the McAlpine Treatment
Plant, which discharges to McAlpine Creek, within the Catawba River Basin.
This sewer outfall is designed both to serve areas currently developed in the CMUD service area,
including existing residences on septic systems, and to accommodate additional planned growth.
This EA and Finding of No Significant Impact (FONSI) are prerequisites for the issuance of a state
non-discharge permit for the sewer line by CMUD, who has delegated authority to self-permit
gravity sewer lines.
The subject EA addresses a wide array of potential primary and secondary impacts associated with
pipeline construction and secondary growth development. Based on the findings of the EA and on
the impact avoidance and mitigation measures contained therein, it is concluded that the proposed
project will not result insignificant impacts to the environment.
Mitigation measures for the project include standard wetland and water quality mitigations for
Section 401 Certifications, minimal clearing along the 45-foot wide construction corridor, and the
implementation of proper erosion and sedimentation control practices.
Pending approval by the State Clearinghouse, the environmental review for this project will be
concluded. An environmental impact statement will not be prepared for this project.
North Carolina Division of Water Quality
May 15, 1997

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
June 27, 1997
Action ID No. 199604424 and Nationwide Permit No. 12 (Utility Line Backfill
and Bedding)
Mr. Tom Vandeventer
Charlotte-Mecklenburg Utility Department
5100 Brookshire Boulevard
Charlotte, North Carolina 28216
Dear Mr. Vandeventer:
Reference your application of June 6, 1997, for Department of the Army
(DA) authorization to construct approximately 25,000 linear feet of 18 to
30-inch diameter sanitary sewer line adjacent to Fourmile Creek between
NC Highway 16 and I-485 at Charlotte, Mecklenburg County, North Carolina.
The proposed work would involve 15 sewerline crossings and 14 temporary
equipment crossings of Fourmile Creek. No wetlands would be crossed by the
proposed utility line.
For the purposes of the corps of Engineers' Regulatory Program, the
"December 13, 1996 Federal Register, Final Notice of Issuance, Reissuance, and
Modification of Nationwide Permits (61 FR 65874)" listed nationwide permits.
Authorization, pursuant to Section 404 of the Clean Water Act, was provided
for the discharge of dredged or fill material associated with excavation,
backfill or bedding for utility lines, including outfall and intake
structures, provided there is no change in preconstruction contours. This
nationwide permit does not authorize access roads, temporary or permanent, or
foundations associated with overhead utility lines.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Water Quality (NCDWQ). In addition, the temporary creek crossings
must be designed to pass expected high flows, must allow continued movement of
aquatic life forms, should be in place only the"'minimum time necessary to
complete a given segment of utility line and must be removed in their entirety
upon completion of the work. You should contact Mr. John Dorney, telephone
[phone], regarding water quality certification. This nationwide permit
does not relieve you of the responsibility to obtain other required State or
local approval.
This verification will be valid for two (2) years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
This verification will remain valid for the two (2) years if, during that
period, the nationwide permit is reissued without modification or the activity
.>'
2
complies with any subsequent modification. If during the two (2) years, the
nationwide permit authorization expires or is suspended or revoked, such that
the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced or are under contract to
commence, in reliance upon this nationwide permit, will remain authorized.
This is provided the activity is completed within twelve (12) months of the
date of the nationwide permit's expiration, modification or revocation.
We have evaluated potential impacts of your activity, and we have
determined that your proposal will not affect endangered species.
When you have completed your work and any required mitigation, please
sign and return the enclosed certification form.
If you have any questions, please contact Steve Lund at the Asheville
Regulatory Field Office, [phone].
Sincerely,
Robert Johnston
Office Manager
Asheville Regulatory Field Office
Enclosures
Copies Furnished (without enclosures):
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
A-
Permit Number:
Name of Permittee:
Date of Issuance:
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
District Engineer
Wilmington District
U.S. Army Corps of Engineers
Attention: CESAW-CO-R
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee
Date

01
NATIONWIDE PERMIT #12: UTILITY LINE BACKFILL AND BEDDING. Authorizes the
discharge of dredged or fill material associated with excavation, backfill or
bedding for utility lines, including outfall and intake structures, provided
there is no change in preconstruction contours.
Note: This nationwide permit(NWP) does not authorize access roads, temporary
or permanent, or foundations associated with overhead utility lines.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal
adverse effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion,and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division-.Engineer
(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its Section 401 water quality certification.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status; unless the appropriate Federal agency,
with direct management responsibility for such river, has determ}ned in
writing that the proposed activity will not adxt?rsely effect the Wild and
Scenic River designation, or study status. Information on wild and Scenic
Rivers may be obtained from the appropriate Federal land management agency in
the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service.)
8. Tribal rights. No activity or its operation may impair tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water quality certification. The permittee must comply with all
conditions of General Water Quality Certification No. 3101, issued by the
North Carolina Division of Water Quality (NCDWQ) on February 11, 1997.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
b. Contents of notification. The notification must be in writing
and include the following information:
(1) Name, address and telephone numbers of the prospective
permittee;
(2) Location of the proposed project; and
(3) Brief description of the proposed project; the project's
purpose; diredt and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit(s) or individual permit(s)
used or intended to be used to authorize any part of the proposed project or
any related activity.
C. Form of Notification: The standard individual permit
application form (Form ENG 4345) may be used as the notification but must
clearly indicate that it is a PCN and must include all the information
required in b.(1)-(3) of General Condition 13. A letter may also be used.
d. District Engineer's Decision: In reviewing the pre-
construction notification for the proposed activity, the District Engineer
will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be
contrary to the public interest. The prospective permittee may, optionally,
submit a.proposed mitigation plan with the pre-construction notification to
expedite the process and the District Engineer will consider any optional
mitigation the applicant has included in the proposal in determining whether
the net adverse environmental effects of the proposed work are minimal. If
the District Engineer determines that the activity complies with the terms and
conditions of the NWP and that the effects are minimal, the District Engineer
will notify the permittee and include any conditions the District Engineer
deems necessary.
3
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, in lieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. In addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
14. Compliance certification. Every.permittee who has received a NWP
verification from the Corps will submit a signed certification regarding the
completed work and any required mitigation. The certification will be
forwarded by the Corps with the authorization letter and will include:
a. A statement that the authorized work was done in accordance with
the Corps authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in
accordance with the permit conditions; and
c. The signature of the permittee certifying the completion of the
work and mitigation.
15. Multiple use of NWPs. In any case where NWP number 12 through 40
is combined with any other NWP number 12 through 40, as part of a single and
complete project, the permittee must notify thEZDistrict Engineer in
accordance with paragraphs a., b., and c. of thf-Notification General
Condition number 13. Any NWP number 1 through 11 may be combined with any
other NWP without notification to the Corps, unless notification is otherwise
required by the terms of the NWPs. As provided at 33 CFR 330.6(c) two or more
different NWPs can be combined to authorize a single and complete project.
However, the same NWP cannot be used more that once for a single and complete
project.
SECTION 404 ONLY CONDITIONS
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delineation of wetlands; a discussion of alternatives to working in the waters
and/or contiguous wetlands and why alternatives were not selected; and a plan
to provide compensatory mitigation for all unavoidable adverse impacts to the
waters and/or adjacent wetlands as may be required by the applicable NWP.
Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
2. Prior to use of any NWP in a designated "Area of Environmental
Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (LAMA), a proponent must
first obtain the required CAMA permit and furnish a copy of the CAMA permit to
the Wilmington District.
3. Prior to the use of any NWP on a barrier island of North Carolina,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to the work and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to wetlands or waters as may be required
by the conditions of the applicable NWP. Work-may proceed only after the
permittee has received written, telephonic, or faxed approval from the
authorized representative of the District Engineer to proceed. Normally such
notice to proceed will be furnished within 30 calendar days of receipt of the
above information.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North
Carolina, proponents must notify the Wilmington District Engineer and furnish
a written statement of compliance with all of the conditions of the applicable
NWP. Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to the work and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to wetlands or waters as may be required
by the conditions of the applicable NWP. Work may proceed only after the
permittee has received written, telephonic, or faxed approval from the
authorized representative of the District Engineer to proceed. Normally such
notice to proceed will be furnished within 30 calendar days of receipt of the
above information.
5. Prior to use of any NWP for constructison of animal waste facilities
in waters and/or wetlands of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include
the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selected;
and, a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
7
J
9. The temporary placement of excavated or fill material in waters or
wetlands will be for the absolute minimum period of time necessary to
accomplish the work.
10. Each individual crossing will be stabilized immediately with native
vegetation, i.e., an approved wetland mix, upon completion of the crossing.
Stabilizing with non-native grasses (i.e., fescue, etc.) is prohibited.
11. Anti-seep collars must be installed, at no greater than 150-foot
intervals, on all sewer and drain lines placed in wetlands, and all utility
lines must be installed to prevent drainage of wetlands (i.e., no "French
drain" construction, etc.).
12. The total width of the access corridor excavation and temporary fill
area (including all mechanized landclearing) is restricted to no more than
forty (40) feet and must be minimized to the maximum extent practicable.
13. All utility lines must be either completely elevated or buried so as
not to impact hydrology, i.e., lateral flows within wetlands.
STATE'CONSISTENCY CONDITION
If the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North Carolina Division of
Coastal Management (NCDCM) that the activity is consistent with the North
Carolina Coastal Management Program.
WATER QUALITY CERTIFICATION CONDITIONS
1. Activities covered by this General Certification do not require
written concurrence from the North Carolina Division of Water Quality (NCDWQ)
as long as they comply with all conditions of this General Certification and
NWP No. 12. Any condition in this Certification which is not met requires
notification to and written concurrence from NCDWQ.
2. If the edge of the construction corridor is installed parallel to and
closer than 10 feet (3 meters) to a stream or if the utility line crosses a
stream channel at less than 75 degrees or more than 105 degrees (i.e., not
perpendicular stream crossing) of the stream bank,, notification to and written
concurrence from NCDWQ is required.
3. Any wastewater line that crosses any stream shown on the most recent
version of the 1:24,000 USGS topographic map as permanent or intermittent
shall be installed with no-seam piping. If no-seam piping is not able to be
installed, written concurrence from NCDWQ is required.
4. Construction corridors parallel to streams shall be placed at the
furthest distance from the stream to the maximum extent practicable.
5. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
9
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d. Slump range 2" to 4"
e. Minimum strength - 28 day psi 2,500
14. This general certification does not authorize any permanent changes in
preconstruction elevation contours in waters or wetlands. The permittee will
have a specific plan for restoring wetland contours. Any excess material will
be removed to a high ground disposal area.
15. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
16. Storm water management will not be required for this Certification;
however, in the twenty (20) coastal counties, the appropriate NCDWQ Regional
Office must be contacted to determine if Coastal Storm water Regulations will
apply.
17. Compensatory mitigation (i.e., restoration, creation or preservation)
for wetland losses will not be required for this Certification if written
concurrence is not needed.
18. Written concurrence is required if the maintenance corridor is greater
than 10 feet (3 meters) wide except that a maintenance corridor wider than ten
feet is acceptable for gas pipelines as long as the following provision is
met. Mitigation may be required for additional wetland fills to the
maintenance corridor beyond those widths specified in this General
Certification. Payment of a dollar per acre figure into the Wetland
Restoration Program for these impacts is acceptable as long as these impacts
are considered to be wetland fill by the Corps of Engineers. Other mitigation
plans must receive written NCDWQ concurrence.
19. This Certification does not relieve the applicant of the
responsibility to obtain all other required Federal, State or local approval.
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