19970652 Ver 1_COMPLETE FILE_19970724

X
Charlotte•Mecklenbiq
STORM
WATER
Services - l
October 23, 1997
Certified Mail No.: P 312780297
John R. Dorney
Division of Water Quality
NCDEHNR
4401 Reedy Creek Road
Raleigh, NC 27626-0535
Subject: DWQ Project No. 970652 (511 Tremount Ave., Charlotte)
Dear Mr. Dorney:
On. 40's
?U
9>
Over the past several weeks since receiving your comment letter dated August 28, 1997, Ms. Julie Stahl and I have been
in contact with you and/or Mr. Mike Parker regarding our application for water quality certification for the storm water
maintenance project located at 511 West Tremount Avenue. During the process of further considering different
maintenance plan options for this project, Ms. Stahl and I discovered that a leaking water main and broken water meter
were providing the existing "continuous" source of water in the project channel and we suspected that the channel was
a storm channel (ephemeral stream) rather than an intermittent or perennial stream. The water main and meter were
recently repaired by the utility department. The enclosed portion of the City of Charlotte storm drainage topographic
map shows the location of these leaks in relation to the project site.
On October 15, 1997 we met with Mr. Parker at the project site to re-evaluate the channel characteristics in light of the
additional information. No aquatic life or signs of aquatic life were observed in the channel through close inspection
by Mr. Parker and Ms. Stahl. The volume of flow present in the channel during this inspection was directly linked to
the rainfall received the previous night as traced back to roof drainage from the top of the watershed. In addition, the
drainage area to the subject portion of the channel is approximately 25.5 acres and no portion of the channel appears
as a blue-line on the U.S. Geological Survey 7.5-Minute Topographic Quadrangle for East Charlotte, NC. Based on
this information, Mr. Parker indicated that it was his recommendation that water quality certification for this project
should be granted and/or 401 water quality certification was not necessary provided that the U.S. Army Corps of
Engineers (COE) concurs that the channel is a storm channel (i.e., not jurisdictional).
I am in the process of contacting the COE to withdraw our permit application/notification for this project and I plan to
initiate project construction in November 1997. 1 appreciate your cooperation with this matter and apologize for any
inconvenience or confusion. If you have any questions or require additional information, please contact Ms. Stahl
(704/336-4626) or me at (704/336-4157).
Sincerely' ?
Harmon W. Newton
Drainage Specialist
Enclosure
cc: M. Parker, DWQ, Mooresville
S. Lund, COE, Asheville
J. Stahl, CSWS
Charlotte Storm Water Services 600 East Fourth Street Charlotte, North Carolina 28202-2844
Telephone[phone] FAX[phone]
To report drainage problems: 336-RAIN
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From: Parker, Parker, Michael [[e-mail]
Sent: Thursday, October 23, 1997 2:47 AM
To: John Dorney
Subject: DWQ 401 Certification No. 970652
John: I conducted a follow-up visit at this site with members of Charlotte's Stormwater section
(CSWS). The purpose of the follow-up meeting was to ascertain whether or not the "stream" they
wanted to pipe was actually a "stream" or rather a stormwater channel. They needed to pipe the
"stream" because during heavy storm events, the "stream" overflowed into an adjacent business.
Subsequent to my initial visit, CSWS had found that the flow in the "stream" that I had observed
(which resulted in me saying it looked like it a stream) was actually flow originating from a broken
water main that has since been fixed. CWSW also found an unpermitted cooling water discharge
to the storm drain which was also adding to the observed "stream" flow. It should also be pointed
out that there was no evidence of aquatic fife observed in the channel nor has the COE provided
any comments to CSWS as to their "decision" on whether it is a stream or a SW channel.
In any case, I am now convinced that the quote "stream" is actually a stormwater channel and
should not require Division approval in order to pipe (disturb) this section. I'm not sure what to do
if the COE comes back with other thoughts about this project, however, once they understand
where all the water is coming from, hopefully they will agree with us (I haven't heard if anyone
from the COE has been out to the site yet or not).
Normally, I would fight very strongly to protect these kind of areas if indeed this channel was
found to be surface waters, however, after revisiting the site and getting more information, 1 have
to agree with CSWS's request.
If you have any questions about this project, please let me know.
Michael L. Parker
704-663-1699
704-663-6040 (fax)
[e-mail]
DEM ID:
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): ` 0 6 5 2 RACE/(???
JOINT FORM FOR ENVIRo%, ^ :Y/,:
1% TA.
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:
Harmon W. Newton III
Address same as above
Harmon W. Newton III (7041336-4157
5. Location of work (MUST ATTACH MAP). County: Mecklenburg
Nearest Town or City: Charlotte
Specific Location (Include road numbers, landmarks, etc.): 511 W. Tremont Ave. This location is a junk yard
and car recycle facility.
6. Name of Closest Stream/River: Irwin Creek. Sugar Creek
7. River Basin: Catawba
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.
File: f luserslenLvharelenlpermitslperm_401.frm Pg I
1V• 1:.bL1111aLea torsi numner or acres of waters of the U.S., including wetlands, located on project site: 0.1 Ac.
/A Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 650 liner feet x T wide (48" RCP)= 0.1 Ac
Drained:
Flooded:
Excavated:
Total Impacted: 0.1 Ac.
12. Description of proposed work. (Attach PLANS - 8 1/2" X 11" drawings only): (1) Propose piing 125 L F of
roadside ditch alon Tremont Avenue with 48" RCP This is needed to prevent private driveway from collapsing.
Their is no room for a channel large enough to carry flow. (2) Propose piping existing man-made ditch through
property because property experiences flooding regularly. This flooding submerges used transmission castin s and
the shop floor. As a result of the flooding oils and fluids contaminate storm water flowing through the site The
piping will prevent flooding and allow property owner to maintain lawn over the pipeeLproviding additional filtering
during normal rains
13. Purpose of proposed work: Work will prevent flooding of surrounding areas and building This will prohibit
the pollution of Irwin Creek by this property.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. No wetlands will be affected
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 endangered or threatened
species or critical habitat in the permit area that may be affected by the proposed project. Have you done so?
YES [ ] NO [X] 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 [X] 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 Storm water management plan is required for this project, attach copy.
E. What is land use of surrounding property: Industrial
F. If applicable, what is proposed method of sewage disposal?
I
Owner's Signature Date:
File: f luserslenlsharelenlpermitslperm_401.frm Pg 2
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Non-Discharge Branch
Water Quality Section
September 23, 1997
MEMO
TO: Melba McGee
FROM: John Dome PO
RE: Need for SEPA revi
Various 401 Certification Projects
In light of the need for SEPA review and documentation for the Buckhead Creek
project in Fayetteville, we have reviewed our existing files for pending Certifications to
locate any projects which may need SEPA documents before a 401 Certificaiton can be
issued. Please advise whether any of these projects will require SEPA review. If so, I
will write them to place them on hold and to contact you. In the future, we will send any
similar projects to you as soon as possible for a prompt decision for the SEPA process.
Sepal.mem
Cc: Eric Galamb
Michelle Suverkrubbe
v
Proposed
Or^;; ?+ niomo 4nnlirnnt County DWO # ImDact
Lake Rim Park Cumberland Cumberland 970561 2.24 acres
Parks and Rec. wetlands
MILCON P-934 US Marine Onslow 970754 17.3 acres
Corps wetland fill
14.1 acres
wetland clear
Bancroft St. City of Mecklenburg 970308 12,700 feet of
area storm Charlotte streams
drainage
Gum Branch City of Mecklenburg 970609 690 feet of
stabilization Charlotte streams
Olde Savannah City of Mecklenburg 970736 Unsure -
Road Charlotte several
stormwater hundred feet of
maintenance streams
Tremont City of Mecklenburg 970652 500 feet
Avenue stream Charlotte streams
stabilization
Industrial park Perquimans Perquimans 961127 5.0 acres
development County wetlands
Economic
Development
Commission
House Creek City of Raleigh Wake 970560 1300 feet of
dredging streams
Carolina Beach Town of New Hanover 970201 Dredge lake
Lake Carolina Beach
Davis ballfield Carteret County Carteret 971137 1.02 acres
Parks and Rec. wetlands
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Harmon W. Newton III
City of Charlotte
600 E. Fourth Street
Charlotte, NC 28202
WQC #970652
Mecklenburg County
Dear Mr. Newton:
ID FE F1
August 28, 1997
The Division of Water Quality has reviewed your plans for the discharge of fill material
into 500 linear feet of waters located at 511 W. Tremont Ave. in Mecklenburg County for
preventing flooding of an existing commercial building. Based on this review, we have
identified significant uses which would be removed by this project. These uses are aquatic life
uses in the channel as well as concerns about downstream water quality. 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 and/or the N.C. Division of Coastal Management place your project
on administrative hold
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 limit the culverting to the approx. 300 feet adjacent to
the transmission shop and leave the portion of the stream upslope of the transmission shop in
an open state? Any culverting above 150 feet in length will require some level of stormwater
management. 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.
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. Mike Parker 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.
S' cerely,
Jo R. Dorney
W r Quality C ' ' n Program
cc: Mooresville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
970652.nty
Division of Water Quality - Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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DIVISION OF WATER QUALITY
August 19, 1997
MEMO TO: John Dorney
FROM: Rex Gleason VP-1
PREPARED BY: Michael L. Parker
SUBJECT: Wetland
Permit Year: 97
Applicant Name: City
Project Type: Stream
COE No.
Rec'd from CDA: APP
Regional Office: MRO
.Jr 'k,
t?G
;Po, cam F
off,
Staff Report and Recommendations
Permit No.. 0000652 County: Mecklenburg
of Charlotte
Culverting Permit Type: NW 26
DOT No.:
Date from CDA: 7/2a/Q7
Stream Class: C
River Basin/Subbasin: CTB. 030834 Stream Index No.: 11-137-1
Wetland Impact: N Wetland Type: N/A
Wetland Requested: N/A Wetland Acre Est.?: N
Wetland Score: N/A Water Impacted by Fill?: Y
Mitigation?: N Mitigation Type: N/A
Mitigation Size: N/A Request More Info?: N
Wetland Rating Sheet Attached?: N
Project Changes/Conditions been discussed with applicant?: Y
Comments: The City of Charlotte is proposing to fill , 500± feet of
an unnamed tributary (UT) to Irwin Creek to prevent over bank flooding
of an adjacent transmission repair shop during heavy rain events.
Field observations indicate that the channel to be filled is indeed a
stream and not a stormwater channel.
During the site visit, the writer also noted that the slope of
the site changed considerably along the UT as it passed through the
property occupied by the repair shop: The section of the UT
highlighted in green on the attached map actually slopes towards the
transmission repair shop. This is what caused the extensive flooding
during recent heavy rain events. Above this point (see area
highlighted in yellow), the site topography slopes towards the UT.
Such being the case, it is possible to eliminate the piping in this
reach of stream since any over bank flooding would tend to accumulate
within the stream channel. In a discussion with the transmission
shop's owner, the use of an earthen berm to keep the flood waters
within the confines of the stream is not feasible because the owner
maintains a drive across the UT to get to a warehouse he owns on the
other side.

Page Two
Tf the reach of the UT not prone to over b
flooding ban.. is removed
from the proposed project amount, it would leave an estimated ?.50±
feet of the UT to be piped. If the UT is piped, there would also have
to be some type of flow reduction device at the outlet of the pipe
where the UT passes under Tremont Avenue. The UT drains an older,
industrialized area of Charlotte and it does not appear to support
fish life, however, some degree of aquatic life is possible
considering the ample stream flow noted during the site visit
It is recommended that the applicant be asked to reduce the
amount of stream impacts requested in the application, which will
eliminate unnecessary piping above the repair shop. Stream impacts
above 150 feet should be compensated for, although there may not be
sufficient room for the use of a wet detention pond=
Attachment
CC, MR0?
Central Files
.;1401 M,,rrey. 401
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DEM ID:
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 97 0
JOINT FORM FOR , 199
I?tijFMTA
Nationwide permits that require notification to the Corps of Engineers `C/rNGF
Nationwide permits that require application for Section 401 certification .s
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: Ci1y 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:
Harmon W. Newton III
Address same as above
Harmon W. Newton III [phone]
5. Location of work (MUST ATTACH MAP). County: Mecklenburg
Nearest Town or City: Charlotte
Specific Location (Include road numbers, landmarks, etc.): 511 W. Tremont Ave. This location is a junk yard
ind car recycle facility
6. Name of Closest Stream/River: Irwin Creek. Sugar Creek
7. River Basin: Catawba
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.
File: f luserslenlsharelenlpermitslperm_401.frm
Pg. I
. • V- A-.bLIIIIULVU Lotai numner or acres of waters of the U.S., including wetlands, located on project site: 0.1 Ac.
//. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 650 liner feet x T wide (48" RCP)= 0 1 Ac
Drained:
Flooded:
Excavated:
Total Impacted: 0.1 Ac.
12. Description of proposed work. (Attach PLANS - 8 1/2" X 11" drawings only): (1) Propose piping 125 L F of
roadside ditch alon Tremont Avenue with 48" RCP. This is needed to prevent 12rivate drive wa from colla sin .
Their is no room for a channel lar a enou h to ca flow. 2 Pro ose i in existin man-made ditch throu h
ropertv because property experiences flooding regularly. This flooding submerges used transmission castings and
the shop floor. As a result of the flooding oils and fluids contaminate storm water flowin through the site The
piping will prevent flooding and allow property owner to maintain lawn over the pipe providing additional filtering
during normal rains
13. Purpose of proposed work: Work will prevent flooding of surrounding areas and building This will prohibit
the pollution of Irwin Creek by this property
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. No wetlands will be affected
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 endangered or threatened
species or critical habitat in the permit area that may be affected by the proposed project. Have you done so?
YES [ ] NO [X] 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 [X] 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 Storm water management plan is required for this project, attach copy.
E. What is land use of surrounding property: Industrial
F. If applicable, what is proposed method of sewage disposal?
?I
?Owner=Sign?ature Date:
File: f.•luserslenlsharelenlpermitslperm_401.frm Pg 2

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