19971113 Ver 1_COMPLETE FILE_19971222

State of North Carolina
Department of Environment, LTR?FA IT Health and Natural Resources • 0
Division of Water Quality A&4?1 21
James B. Hunt, Jr., Governor Adbbggbftgdft
Wayne McDevitt, Secretary C) E N
A. Preston Howard, Jr., P.E., Director
January 2, 1998
Mecklenburg County
WQC 401 Project #971113
APPROVAL of 401 Water Quality Certification
Ms. Susan Lewis
Charlotte-Mecklenburg Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
Dear Mr. Lewis:
You have our approval, in accordance with the attached conditions, to place fill material in 300 feet of
waters for the purpose of stabilizing a streambank and prevention of flooding as you described in your
application dated December 19, 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.
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. 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.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresvillle DWQ Regional Office
Mr. John Dorney
Central Files
ar , r. P.E.
971113.1tr
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/10% post consumer paper
Cherlotle-hlecklenbu?g
STORM
WATER
services ' r
December 19, 1997
U.S. Army Corps of Engineers NCDENR - DWQ
Attn: Mr. Steve Lund Attn: Mr. John Dorney
151 Patton Avenue, Room 143 4401 Reedy Creek Dr
Asheville, NC 28801 Raleigh, NC 27607
Re: Bucknell/Chilton Storm Drainage Improvement Project, Pre-Construction Notification
Contact: Charlotte Storm Water Services
Susan Lewis, Project Manager
600 East Fourth Street, Charlotte, NC 28202`' c'
[phone]
Dear Mr. Lund and Mr. Dorney:
The purpose of this submittal is to request the U.S. Army Corps of Engineer's (COE) and the
North Carolina Department of Environment and Natural Resources, Division of Water Quality's
(DWQ) concurrence to use Nationwide Permit 26 and its general- 401 Water Quality
Certification, respectively, for impacts to an intermittent channel as part of a project known as
the Bucknell/Chilton Storm Drainage Improvement Project. The proposed activity is located
within Mecklenburg County and is proposed by the City of Charlotte Storm Water Services.
Enclosed is a completed Pre-Construction Notification (PCN) form and. relevant attachments
including USGS topographic quadrangle and county topo maps showing the location of the
project and field determination data forms providing the jurisdictional decision information. As
required for the PCN, 1 copy of this submittal is being provided to the COE and 7 copies are
being provided to the DWQ for review and file.
The project as proposed impacts less than 0.01 acres of low quality channel area (approximately
300 linear feet of intermittent stream channel). Less than 150 linear feet of this channel has
significant function according to the COE's Minimum Impact Test (Mr. Steve Lund, COE, and
Mr. Chris Huysman, Soil and Environmental Consultants, Inc. viewed portions of the channel on
July 22, 1997). The channel is considered to be intermittent as it was field observed with no
flow on 3 occasions and the Low Flow Characteristics of Streams in North Carolina states that a
drainage area of less than 1.0 square mile, in this region, generally has a low-flow statistical
value of zero. Small pools of water are present in the base of the channel where it has been
scoured, no fish were observed in any of these isolated pools. The channel does not appear as a
blue or purple line on the USGS topographic quadrangle map.
The channel to be impacted conveys runoff discharged from a storm drain system off of Queens
To report drainage problems: 336-RAIN
Printed on rervcled naoer
Road East to another storm drain which discharges into a Briar Creek culvert under Sharon Road.
The invert of the pipe outlet is approximately 7 feet above the invert of Briar Creek. The total
size of the drainage basin contributing runoff to the channel is approximately 45 acres (0.07
square mile) with a fully built out residential land use.
Project Description
The Bucknell/Chilton Storm Drainage Improvements Project was prompted by reports of road,
house, and yard flooding in the Bucknell/Chilton/Queens Road area of Charlotte. Drainage
problems include inadequate storm sewer systems, inadequate inlet spacing, insufficient curb
locations, and severe headcut and bank erosion of an existing drainage ditch. A planning study
was utilized to develop a list of all feasible alternatives for the project. With review of these
alternatives the recommendation included the construction of an additional storm sewer system
that would reduce the discharges received by the existing undersized systems. A portion of this
new trunk line is aligned within the existing drainage ditch between Bucknell Avenue and
Westminster Place. This location has several advantages over alternative alignments. A
summary is given below:
• Cost Effective - Locating the trunk line in the existing drainage ditch requires less
excavation, reduces utility conflicts, and reduces road construction from other considered
alternatives.
• Safety - The deep ditch will be filled in and eliminate the danger of children falling into
the ditch. The ditch carries storm flows which rise very quickly to high velocities and
flows and then recedes quickly.
• Citizen Support - The recommended alignment is the only alternative with wide
neighborhood support due to property owner concerns about safety, loss of property, and
rodents.
• Tree Saving - Installation of the trunk line in the existing ditch will require less area and
removal of fewer trees than any bank stabilization alternatives that were considered.
• Loss of Land - The trunk line will allow the use of land that had been lost due to the
excessive bank sloughing and downcutting erosive processes that have occurred over the
years. Stream bank stabilization alternatives considered would have greatly increased the
loss of usable property and were strongly opposed by the property owners.
The one disadvantage to the recommended alignment is the filling of a small reach (less than 150
feet) of intermittent stream with significant function at the outlet of the channel into the storm
sewer system. However, it is expected that this project will reduce sediment load into Briar
Creek over current conditions through elimination of the existing severe erosion problems.
2
Significant impacts to water quality are not expected.
All other improvements related to this project are within the road right-of-way or include
improvements to existing storm sewer systems (non jurisdictional areas). If you have any
questions or comments regarding this project, please contact me at the address or telephone
number identified at the beginning of this letter.
Sincerely,
,4cw,1143
Susan M. Lewis
Project Manager
cc: Ms. Julie Stahl, CSWS
Mr. Ken Trefzger/McKim & Creed
Mr. Chris Huysman/Soil & Environmental Consultants
3
DEM ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit #): NW 26
Pre-Construction Notification Application
For Nationwide Permits that Require:
1. Notification to the Corps of Engineers
2. Application for Section 401 Certification
3. Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of the Corps of
Engineers (see agency addresses sheet). Seven (7) copies should be sent to the NC Division of
Environmental Management (see agency addresses sheet). PLEASE PRINT.
1. Owner's Name: CITY OF CHARLOTTE, STORM WATER SERVICES
ATTN: MS. SUSAN LEWIS, PROJECT MANAGER
2. Mailing Address: 600 EAST FOURTH STREET
Subdivision Name:
City: CHARLOTTE State: NC Zip Code: 28202
Project location address, including subdivision name (if different from mailing address above):
NEAR THE INTERSECTION OF SHARON ROAD AND CHILTON PLACE ALONG AN
UNNAMED TRIBUTARY TO BRIAR CREEK; CITY OF CHARLOTTE.
3. Telephone Number (Home):
(Work): 704 / 336 - 4722
4. If applicable, agent's name or responsible corporate official, address, phone number:
SOIL & ENVIRONMENTAL CONSULTANTS, INC. Phone: [phone]
231 16TH AVENUE NE Fax: [phone]
HICKORY, NC 28601
5. Location of work (provide a map, preferable a copy of USGS topographic map or aerial
photograph with scale):
County: MECKLENBURG Nearest town or city: CHARLOTTE
Specific Location (include road numbers, landmarks, etc.):
NEAR THE INTERSECTION OF SHARON ROAD AND CHILTON PLACE ALONG AN
UNNAMED TRIBUTARY TO BRIAR CREEK; CITY OF CHARLOTTE.
6. Impacted or nearest stream/river: U-T BRIAR CREEK
River Basin: CATAWBA RIVER
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality waters (HQW),
outstanding resource waters (ORW), water supply (WS-I or WS-II)?
YES (E] ) NO (® ) If yes, explain:
7b. If the project is located within a North Carolina division of coastal management area of
environmental concern (AEC)? YES (E]) NO (0)
7c. If the project is located within a coastal county (see page 7 for list of coastal counties), what is the
land use plan (LUP) designation?
8a. Have any Section 404 permits been previously requested for use on this property?
YES (E] ) NO (® ) If yes, provide Action ID number of pervious permit and any
additional information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES (? ) NO (® ) If yes, describe anticipated work:
NO ADDITIONAL PERMITS ARE ANTICIPATED
9a. Estimated total number of acres in tract of land:
APPROXIMATELY 1 ACRE WITHIN PROJECT AREA.
9b. Estimated total number or acres of wetlands located on project site:
APPROXIMATELY 0.01 ACRES (300 LINEAR FEET) OF INTERMITTENT CHANNEL
IMPACTS. LESS THAN 150 LINEAR FEET OF THIS CHANNEL HAS SIGNIFICANT
AQUATIC FUNCTION (USACE - MINIMUM IMPACT TEST, ASSESSED BY COE &
CONSULTANT.). CHANNEL IS BELIEVED INTERMITTENT BECAUSE OF 7Q10 AND
30Q2 DATA AND THE ABSENCE OF AN AQUATIC COMMUNITY (FOR EXAMPLE,
FISH). SEE COVER LETTER
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.01 ACRE OF CHANNEL
SURFACE AREA.
Flooding:
Excavation:
Other:
Drainage:
Total acres to be impacted: 0.01 ACRE OF
CHANNEL SURFACE AREA.
lob. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance
both before and after relocation):
Length before: 300 FT WITH LESS THAN After: 0 FT
150 FT POSSESSING SIGNIFICANT FUNCTION
Width Before (based on normal high water contours): 3 TO 4 FT
Width After: PIPE
Average depth before: 0 - 0.1 FT
After: 0
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: EJ Placement of pipe in channel:
Channel Excavation: 1:1 Construction of a Dam/Flooding:
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to the pond?
NO POND PROPOSED
What is the expected pond surface area?
N/A
12. Description of proposed work including discussion of type of mechanical equipment to be used
(attach plans 8 1/2" x 11" drawings only):
STORM WATER CONVEYANCE IMPROVEMENTS ALONG A DEGRADED DRAINAGE
WITHIN AN URBAN SETTING. IMPROVEMENTS WILL INCLUDE: PLACEMENT OF
PIPE IN CHANNEL AND SURFACE LEVELING OF DRAINAGE FEATURE. REFER TO
COVER LETTER FOR ADDITIONAL PROJECT DESCRIPTION.
13. Purpose of proposed work:
BETTER CONVEYANCE OF STORM WATER TO: 1) ALLEVIATE EROSION ALONG
DRAINAGE AND 2) REDUCE CRAWL SPACE FLOODING OF TWO RESIDENCES.
14. State reasons why it is believed that this activity must be carried out in wetlands (include any
measures taken to minimize wetland impacts):
TOPOGRAPHICAL FEATURES DICTATE THE MOST ECONOMICAL PLACEMENT OF
STORM WATER CONVEYENCE SYSTEMS. MINIMUM IMPACTS TO LOW QUALITY
CHANNELS ARE PROPOSED. NO FISH WERE OBSERVED WITHIN THE IMPACT AREA
AND DRAINAGE TO THE SITE IS LESS THAN 1.0 SQUARE MILES.
15.. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine
Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of any federally
listed or proposed for listing endangered or threatened species or critical habitat in the permit area
that may be affected by the proposed project. Date contacted: (attach responses from
these agencies).
TO BE COMPLETED BY USACE AS NEEDED.
16. You are required to contact the state historic preservation officer (SHPO) (see agency address
sheet) regarding the presence of historic properties in the permit area which may be affected by
the proposed project. Date contacted:
TO BE COMPLETED BY USACE AS NEEDED.
17. Does the project involve an expenditure of public funds or the use of public (state) land?
YES (® ) NO (E] ) If no, go to 18.
a. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the North Carolina Environmental Policy Act?
YES ( [:] ) NO (® )
NOT EXPLICITLY
b. If yes, has the document been reviewed through the North Carolina Department of
Administration State Clearinghouse?
YES ([-] ) NO (® )
PRESUMABLY NOT REQUIRED BECAUSE IMPACTS TO SIGNIFICANT CHANNELS
FALL BELOW MITIGATION THRESHOLDS. (MITIGATION IS REQUIRED FOR
SIGNIFICANT IMPACTS OF WHICH THIS PROJECT HAS NONE.)
If answers to 17b is YES, then submit appropriate documentation from the state clearinghouse to
division of environmental management regarding compliance with the North Carolina
Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to Ms. Chrys
Baggett, Director State Clearinghouse, North Carolina Department of Administration, 116 West
Jones Street, Raleigh, North Carolina 27603-8003, telephone [phone].
18 The following items should be included with this application if proposed activity involves the
discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on the property (for
Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All streams (intermittent and
permanent) on the propertymust be shown on the map. Map scales should be 1 inch equals
50 feet or 1 inch equals 100 feet or their equivalent.
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. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? RESIDENTIAL
f. If applicable, what is proposed method of sewage disposal? NA, EXISTING SANITARY
SEWER.)
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental Management (Water
Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina Division of Coastal
Management stating the proposed activity is consistent with the North Carolina Coastal
Management program.
xj,"56,- -,U -?L-
Owner's/Agent's Signa e
t2-1 (,?197
Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
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IN 231 16th Avenue NE, Hickory, NC 28601
Phone [phone] Fax [phone]
Project: CHARLOTTE SWS 21025
PmlWAnny Wedand Approximation
Suitable for P-&ab ary Planning Only
S&EC resmvftihe right to modify this map basal on more fieldwork,
surveyed delineatiam a any other additional info madam
App-aum roaere mapped u-gtapogr*-maps and Band tr a-g.
Ifthm ama are to be used, they moat be approved and
pamitted by the U.S. AM Carpe of Fagioeera.
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MATCH TO SHEET 53
Delineation Performed by. Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERNMATION
(1987 COE Wetlands Delineation Manual)
Project/Site: BUaKNBIL - CHILTON Date: 8/97
Applicant/Owner. CHARLOTTE SWS 2-1025 County: Meck
Investigator: Chris Huysman State: North Carolina
Do normal circumstances exist on the site?
Is the site significantly disturbed
(A typical situation)?
Is the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1. Lonicera japonica vine FAC-
2. Liriodendron tulip. tree FAC
3. Acer rubrum tree FAC
4. Lespedeza angustifolia herb FACU
5. Ligustrum sinence shrub FAC
6. Cornus jlorida shrub FACU
7. Quercus alba tree FACU
8. Q. phellos tree FACW
Yes No Community ID:
Yes No Transit ID:
Yes No Plot ID: Upland Areas
Dominant Plant Species
9.
10.
11.
12.
13.
14.
15.
16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-):
Stratum Indicator
50%
Remarks:
URBAN SITE, VEGETATION TYPICAL OF URBAN AREAS
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water.
Depth to Free Water in Pit:
Depth to Saturated Soil:
0 (in.)
>12 (in.)
>12 (in.)
Wetland Hvdrologv Indicators:
Primarv Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): Cecil sandy loam

Taxonomy (Subgroup): Kanhapludults Drainage Class: well drained
Field Observations
Confirm Mapped Type? Yes
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture. Concretions,
(ins. Horizon (Mansell Moist) (Mansell Moist) Abundance/Contrast Structure etc.
0-2 A 10 YR 4/2 sandy loam
2-7 E 7.5 YR 514 sandy loam
7-11 BE 5 YR 4/8 sandy clay loam
11 - 12 Btl 2.5 YR 4/8 clay
Hvdric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sukfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low -Chroma. Colors Other (explain in remarks)
Remarks:
* local USDA Soil Survey referenced for description
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? No
Hydric Soils Present? No
Is This Sampling Point Within a Wetland? No
Remarks:
Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTIlVE WETLAND DETERNUNATION
(1987 COE Wetlands Delineation Manual)
Project/Site: BUCKNELL - CHILTON Date: 8/97
Applicant/Owner. CHARLOTTE SWS 21025 County. Meck.
Investigator: Chris Huysman State: North Carolina
Do normal circumstances exist on the site?
Is the site significantly disturbed
(A typical situation)?
Is the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species
Stratum Indicator
1.
2.
3.
4.
5.
6.
7.
8.
Yes No Community ID:
Yes No Transit ID:
Yes No Plot ID: Channel Area
Dominant Plant Species
9.
10.
11.
12.
13.
14.
15.
16.
Stratum Indicator
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-):
Remarks:
VEGETATION ABSENT, CHANNEL DETERMINATION
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Field Observations:
Depthof Surface Water -1-2 _ (in.)
Depth to Free Water in Pit: 0 (in.)
Depth to Saturated Soil: 0 (in.)
Remarks:
CHANNEL ONLY. . NO FISH.
Wetland Hvdroloav Indicators:
Primary Indicators:
X _ Inundated
Saturated in Upper 12 Inches
X Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
SOELS
Map Unit Name
(Series and Phase): Wehadkee silt loam
Taxonomy (Subgroup): Fluvaquent
Profile Description:
Drainage Class: poorly drained
Field Observations
Confirm Mapped Type? Yes No
Depth Matrix Color Mottle Colors Mottle Texture. Concretions,
(ice Horizon (Mansell Moist) (Mansell Moist) Abundance/Contrast Structure etc.
0-7 A 10 YR 4/3 N/A N/A loam
7-12 Bg1 2.5 YR 6/2 10 YR 514 many/distinct loam
Hvdric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
X Aquic Moisture Regime
X Reducing Conditions
X Gleyed or Low -Chroma Colors
Remarks:
* USDA Soil Survey
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
X_ Listed on Local Hydric Soils List
X Listed on National Hydric Soils List
Other (explain in remarks)
Wetland Determination
(circle yes or no)
Hydrophytic Vegetation Present? Yes No
Is This Sampling Point Within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Remarks:
CHANNEL DETERACNATION ONLY. THE CHANNEL LACKS SUFFICIENT BASE FLOW TO
SUPPORT FISH THIS IS FURTHER SUPPROTED BY DATA THAT INDICATES THAT CHANNELS
WITH LESS THAN 1.OymE$ OF DRAINAGE AREA, IN THE GFIARLOTTE AREA, ARE RqTERmrrrBNT