Loading...
HomeMy WebLinkAbout20040587 Ver 2_401 Application_20051102~. b~ ~ ~ ~ CWS '~~? Carolina Wetland Services ~~~ X40 587 October 19, 2005 .~.~~ ~. Ms. Cyndi Karoly North Carolina Division of Water Quality Wetlands/401 Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Subject: Nationwide Permit Addendum 501 Lyles Court Maintenance Project Charlotte, North Carolina t f CWS Project No. 2005-1130 ' ~W ;~, ~ ~.: ~t Dear Ms. Karoly: City of Charlotte Storm Water Services (CSWS) is submitting an addendum to Nationwide Permit (NWP) No. 39 issued for the 501 Lyles Court Maintenance Project submitted on Apri18, 2004 and approved on May 12, 2004 (Action ID No. 200430928). CWS originally submitted this permit under NWP Nos. 3 and 13. Since impacts were less than 300 feet, a NWP No 39 was issued. The revised impacts will exceed the nationwide thresholds for NWP 39 and CWS recommends that this project be permitted under NWP No. 3 and 13. The project is located in Charlotte, North Carolina approximately one mile northeast of the Tryon Street/Sugar Creek Road intersection (Figure 1). Previous impacts included 1501inear feet (lf) of gabion wall, 65 bank feet of reshaping and a 10 linear foot rip rap apron. CSWS now feels that additional impacts are necessary to stabilize the stream and avoid more property loss. Revised impacts will result in the addition of 2501f of gabion wall and 75 if of channel reshaping (Figure 1). Total impacts will be 4001f of gabion wall, 1401f of channel reshaping, and 10 if of rip rap. A detail of the proposed gabion wall is included (Figure 2). The revised impacts will provide additional stabilization to prevent further property loss. The additional impacts will remain under the nationwide permit thresholds. Reshaped banks will be lined with erosion control matting and proper sediment controls will be utilized to minimize disturbances to downstream waters. If you have any questions concerning this project, don't hesitate to contact jkarl(a~ci.charlotte.nc.us or (704) 432-0966. Thank you for your attention to this matter. Sincerely, ~ ~L~C~(~~~C p ~~ , Ron G. Johnson, WPIT N ~ ~ 2 ~- 2 ~ ~ Jr Project Biologist DENR - VIIgTER QUALllY WETUWDS AND STORAfWAT[:R BRANCh cc: File Ms. Amanda Jones, USACE Asheville Office CHARLOTTE: 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (v) 704-527-1133 (fax) COLUMBIA: 322A SOUTHLAKE DRIVE, SUITE 3 LEXINGTON, SC 29072 803-358-0102 (v) 803-358-9392 (fax) CHAPEL HILL: 88 V/LCOM CIRCLE, SUITE 170 CHAPEL HILL, NC 27514 919-932-2197 (v) 919-932-2198 (fax) WWW. CWS-INC. NET ~ i.i .~~cws ' ~ ~, Carolina Wetland Services REVISED Pre-Construction Notification Pursuant to i Nationwide Permit Nos. 3 and 13 501 Lyles Court Maintenance Project Charlotte, North Carolina Carolina Wetland Services Project No. 2005-1130 October 28, 2005 1 1 1 1 Prepared For: The City of Charlotte Storm Water Services 600 East Fourth Street Charlotte, North Carolina 28202 (704) 432-0966 Prepared By: Carolina Wetland Services, Inc. 5000 Nations Crossing Road, Suite 230 Charlotte, North Carolina 28217 (704) 527-1177 CHARLOTTE: 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (v) 704-527-1133 (fax) COLUMBIA: 322A SOUTHLAKE DRIVE, SUITE 3 LEXINGTON, SC 29072 803-358-0102 (v) 803-358-9392 (fax) WWW.CWS-INC.NET CHAPEL HILL: 88 VILCOM CIRCLE, SUITE 170 CHAPEL HILL, NC 27514 919-932-2197 (v) 919-932-2198 (fax) 501 Lyles Court Maintenance Project October 28, 2005 REVISED Nationwide Permit Nos. 3 and 13 __ Proiect No. 2005-1130 Table of Contents Executive Summary ................................................................................................................................ 1 Existing Conditions ................................................................................................................................ 2 Current Land Use ................................................................................................................................ 2 Jurisdictional Delineation ................................................................................................................... 2 Results ................................................................................................................................................ 3 Agency Correspondence ......................................................................................................................... 3 Cultural Resources .............................................................................................................................. 3 Protected Species ................................................................................................................................ 3 .. Purpose and Need for the Project 4 ' .......................................................................................................... Avoidance and Minimization . .. 4 Proposed Impacts to Jurisdictional Waters ............................................................................................. 4 Compensatory Mitigation ....................................................................................................................... 5 ' List of Attachments Attachment A -Figure 1. USGS Site Location Map Attachment A -Figure 2. NRCS Soil Survey ' Attachment A -Figure 3. Approximate Jurisdictional Boundary Field Map Attachment B -Pre-Construction Notification Application -Nationwide Permit Nos. 3 and 13 Attachment C -Routine On-Site Data Form ' Attachment D -Stream Classification Forms Attachment E -Representative Photographs Attachment F -Figures 4 and 5. Proposed Impacts 1 ' 501 Lyles Court Maintenance Project October 28, 2005 REVISED Nationwide Permit Nos. 3 and 13 Project No. 2005-1130 Executive Summary ' The 501 Lyles Court Maintenance Project is located in Charlotte, North Carolina, approximately one mile northeast of the North Tryon Street -Sugar Creek Road intersection (Attachment A -Figures 1 and 2). This project is intended to prevent further loss of property by stabilizing a currently eroding stream bank and replacing a failing storm water pipe. Charlotte Storm Water Services (CSWS) has contracted Carolina Wetland Services, Ina (CWS) to provide permitting services for this project. ' The results of the on-site field investigation conducted by CWS indicate that there is one jurisdictional stream channel (Stream A) located within the project limits ' (Attachment A -Figure 3). Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Unavoidable impacts associated with this project will include approximately 400 bank feet of hard stabilization (i.e., gabion wall), 140 bank feet of soft stabilization (i.e., bank regrading with erosion control matting), and installation of ' approximately 10 linear feet of rip rap apron (Attachment F -Figure 4). On behalf of CSWS, CWS is submitting aPre-Construction Notification application with attachments in accordance with Nationwide Permit General Condition No. 13, and pursuant to Nationwide Permit (NWP) ' Nos. 3 and 13 and Water Quality Certification No. 3353 (Attachment C). 501 Lyles Court Maintenance Project October 28, 2005 REVISED Nationwide Permit Nos 3 and 13 Project No. 2005-1130 Existing Conditions The 501 Lyles Court Maintenance Project is located in Charlotte, North Carolina, approximately one mile northeast of the North Tryon Street -Sugar Creek Road intersection (Attachment A -Figures 1 and 2). This project is intended to prevent further loss of property by stabilizing a currently eroding stream bank and replacing a failing storm water pipe. Charlotte Storm Water Services (CSWS) has contracted Carolina Wetland Services, Inc. (CWS) to provide permitting services for this project. The following sections describe the existing conditions of the project area. Current Land Use The current land use for the project area consists ofsingle-family residences with maintained lawns. Surrounding land usages includes residential and institutional (Eastway Middle School) areas. Dominant vegetation includes common blackberry (Rubus argutus), Japanese honeysuckle (Lonicera japonica), common blue violet (Viola sororia), wild garlic (Allium canadense), soft rush (Juncus effusus), Christmas fern (Polystichum acrostichoides), sweetgum (Liquidambar styrac~ua), tulip poplar (Liriodendron tulipifera), autumn olive (Elaeagnus umbellata), and poison ivy (Toxicodendron radicans). According to the Soil Survey of Mecklenburg Countyt, on-site soils consist of Monacan soils (MO) (Attachment A -Figure 2). This soil type is somewhat poorly drained and exhibits moderate permeability and high water capacity. This soil type is known to contain hydric inclusions in Mecklenburg County.Z Jurisdictional Delineation On March 31, 2004, CWS's Isaac Hinson and Andrea Hughes investigated on-site jurisdictional waters of the U.S.3 using the U.S. Army Corps of Engineers (USAGE) Routine On-Site Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual a No wetland areas were identified within the project limits. A Routine On-Site Data Form representative of on-site non jurisdictional upland areas has been included as Attachment C. Jurisdictional waters of the U.S. were classified according to recent North Carolina 1 United States Department of Agriculture (USDA), 1980. Soil survey of Mecklenburg County, North Cazolina. z USDA, 1996. North Cazolina Hydric Soils List. 3 "Jurisdictional water of the U.S." includes essentially all surface waters such as: all navigable waters and their tributazies, all interstate waters and their tributazies, all wetlands adjacent to these waters, and all impoundments of these waters. a Environmental Laboratory, 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, US Anny Engineer Waterways Experiment Station, Vicksburg, Mississippi. 2 ' 501 Lyles Court Maintenance Project October 28, 2005 REVISED Nationwide Permit Nos. 3 and 13 Project No. 2005-1130 Division of Water Quality (NCDWQ)5 and USACE guidance. NCDWQ Stream Classification and USACE Intermittent Channel Evaluation Forms for Stream A have been included as Attachment D. ' Results The results of the on-site field investigation indicate that there is one jurisdictional stream channel (Stream A) located within the project limits (Attachment A -Figure 3). Stream A is portion of Little Sugar Creek, which is part of the Catawba River basin (HU# 03050103)6 and is classified as ' "Class C" waters by the NCDWQ. Stream A was evaluated to be Perennial and exhibited a ten to twelve-foot average bankfull width and strong flow. Biological sampling within Stream A resulted ' in a moderate presence of crayfish and a moderate presence of benthic macroinvertabrates (Attachment D - SCP1). Perennial Stream A scored 42 out of a possible 71 points on the NCDWQ Stream Classification Form and 46 out of 100 on the USACE Stream Quality Assessment Worksheet. Photographs of Perennial Stream A have been included as ' Attachment E - Photographs A and B. t Agency Correspondence ' Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on April 7, 2004 to ' determine the presence of any areas of architectural, historic, of archaeological significance that would be affected by the project. As of the date of this submittal, a response from SHPO has not been received. ' Protected Species A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on April 7, 2004 to determine the presence of any federally-listed species or critical habitat located within the project area. As of the date of this submittal, a response from NCNHP has not been received. s North Carolina Division of Water Quality, 1999. Stream Classification Method. Version 2.0. 1999. e "HU#" is the Hydrologic Unit Code. U.S. Geological Survey, 1974. Hydrologic Unit Map, State of North Cazolina. U.S. Geological Survey. 1974. 3 501 L les Court Maintenance Project October 28, 2005 Y l REVISED Nationwide Permit Nos. 3 and 13 Project No. 2005-1130 ' ' Pur ose and Need for the Pro ect p l ' The 501 Lyles Court Maintenance project is intended to prevent further loss of property by stabilizing a currently eroding stream bank and replacing a failing storm water pipe. The right bank of Stream A is eroding and is threatening the residence at 501 Lyles Court. The fences at this and adjacent residences are collapsing (Attachment E -Photograph B) and require immediate maintenance. Activities will include improving channel dimension by reshaping the bank and installing hard and soft stabilization along Little Sugar Creek (Perennial Stream A). ' In addition, an existing adjacent storm pipe will be replaced to correct slumping in the vicinity of the pipe outfall and to bring the storm drainage system to current City standards. Avoidance and Minimization r Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. The project design has limited the length of gabion basket to the minimal length ' necessary to protect adjacent properties. In addition, soft stabilization will be used to protect properties located downstream of 501 Lyles Court. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. ' Proposed Impacts to Jurisdictional Waters ' Proposed impacts under NWP No. 13 will include both hard and soft stabilization of the right bank of Stream A. Hard stabilization will total approximately 400 bank feet, and will consist of the placement of gabion baskets along the right bank of Stream A (Attachment F -Figures 4 and 5). Soft stabilization will total approximately 140 bank feet, and will consist of laying back the slope (from 2:1 to 3:1) and installing permanent erosion control matting. Proposed impacts under NWP No. 3 will consist of the installation of l O linear feet of rip rap apron at the outfall of the proposed storm drainage pipe replacement. On behalf of CSWS, CWS is submitting aPre-Construction ' Notification application with attachments in accordance with Nationwide Permit General Condition No. 13, and pursuant to Nationwide Permit (NWP) Nos. 3 and 13 and Water Quality ' Certification No. 3353 (Attachment C). 1 ' 501 Lyles Court Maintenance Project October 28, 2005 REVISED Nationwide Permit Nos 3 and 13 Project No. 2005-1130 Compensatory Mitigation Given the nature of the proposed activities, no mitigation is currently being proposed for this project. These activities will result in an overall benefit to the water quality of downstream i waters by reducing bank erosion and downstream sediment loading. CSWS believes that this project is self-mitigating given the water quality improvements that will result from construction ' of the project. 1 I Approximate Scale 1" = 2000' Reference: USGS 7.5 Minute Topographic Map Series, Derita Quadrangle, Nonh Carolina, dated 1996. '~ ~~ Carolina Wetland Services Figure 1. USGS Site Location Map ! ~',- 5000 Nations Crossing Road, Suite 230 501 Lyles Court Maintenance Project ~' Charlotte, North Carolina 28217 Charlotte, North Carolina ". ` CWS Project No. 2004-0619 PREPARED BY DATE CHECKED BY DATE Carolina Wetland Services 5000 Nations Crossing Road, Suite 230 Charlotte, North Carolina 28217 Figure 2. NRCS Soil Survey 501 Lyles Court Maintenance Project Charlotte, North Carolina CWS Project No. 2004-0619 PREPARED BY DA I E ~nrt,~~ a r UH I C ^ GSM ~_~~~y ~`n. q.~.~4 I I Approximate Scale 1" = 2000' Reference: MRCS Soil Survey of Mecklenburg County, North Carolina, Sheet No. 4, dated 1980. LEGEND Perennial Stream Channel ® 50-Foot SWIM Buffer • SCP1 Stream Classification Point •DP1 Data Point Photo Location and Direction N Approximate Scale 1" = 50' Note: Jurisdictional waters were investigated by Carolina Wetlands Services (CWS) on March 31, 2004. Jurisdictional areas have not been delineated nor verified by the U.S. Army Corps of Engineers. ~,i'. Carolina Wetland Services r: 5000 Nations Crossing Road, Suite 230 Chazlotte, North Cazolina 282I7 Reference: GIS layers provided by Mecklenburg County Land Use and Environmental Services, dated 2002. ~ Fignre 3. Approximate Jurisdictional Boundary Field Map 501 Lyles Court Maintenance Project Chazlotte, North Cazolina CWS Project No. 20040619 PREPARED BY ATE CFIEC[¢.D DATE ,! ~ tiv ~~•04 f~c.p ~f • 7 • o~ REQUEST FOR JURISDICTIONAL DETER~ti1II+1ATION DATE: October 28.2005 COUNTY Mecklenburg Countv. North Carolina TOTAL ACREAGE OF TRACT 0.40 acre PROJECT NAME (if applicable) 501 Lvles Court Maintenance Project PROPERTY OWNER'APPLICANT (name, address and phone): ' Charlotte Stornt Water Services POC• Mr Jarrod J. Karl, at (704) 432-0966 600 East Fourth Street Charlotte. North Carolina 28202-2844 NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable): Carolina Wetland Services Inc. POC• GreQOry C Antemann PWS at (704) 527-1177 550 East Westinghouse Boulevard Charlotte North Carolina 2$273 STATUS OF PROJECT (check one): ( ) On-going site work for development purposes (X) Project in planning stages (Type of project: bank stabilization and pipe replacement ) ( ) No specific development planned at present ( )Project already completed (Type of project: ) ADDITIONAL INFORMATION REQUIRED: Check items submitted -forward as much information as is available. At a minimum, the following first two items must be forwazded. (X) USGS Site Location Map (Attachment A -Figure 1) (X) NRCS Soil Survey (Attachment A -Figure 2) (X) Approximate Jurisdictional Boundary Field Map (Attachment A -Figure 3) (X) Pre-Construction Notification Application -Nationwide Permit Nos. 3 and 13 (Attachment B) (X) Routine On-Site Data Form (Attachment C) (X) Stream Classification Fotms (Attachment D) (X) Representative Photographs (Attachment E) (X) Proposed Impacts (Attachment F -Figures 4 and 5) Signature of Property Ownbr or /// Authorized Agent Mr. Jarrod J. Karl ~_~ ~--~ Office Use Only: Form Version April 2001 ~; r ,^ ~ ~.. U USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. ' I. Processing 0 ~C~~~~C~ p 1. Check all of the approval(s) requested for this project: NOV ~ _ 205 ® Section 404 Permit ^ Section 10 Permit L7EN~t - wArrol~ QUALITY ®401 Water Quality Certification ~7'uwnsANO STOrER a~uwcy ^ Riparian or Watershed Buffer Rules i' II. 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit Nos. 3 and 13 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII -Mitigation), check here: ^ Applicant Information 1. Owner/Applicant Information Name: Charlotte Storm Water Services. Contact: Mr. Jarrod J. Karl Mailing Address: 600 East Fourth Street Charlotte. North Carolina 28202 Telephone Number: (704) 432-0966 Fax Number:~704) 336-6586 E-mail Address: jkarl(a~ci.charlotte.nc.us 2. Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: N/A Company Affiliation: N/A Mailing Address: N/A Telephone Number: N/A Fax Number: N/A E-mail Address: N/A __ Page 1 of 7 III. Project Information 1. Name of project: 501 Lyles Court Maintenance Pro~'ect 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax P1N): 08910210 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From downtown Charlotte, travel north on Interstate 85 (I 85) to Exit 41 (Sugar Creek Road) Turn right onto Sugar Creek Road and travel for approximately'/~ mile Turn left onto Hidden Valley Road and travel for ap~roximatelX 1/2 mile Turn left onto Cinderella Road and travel for approximately'/2 mile. Turn right onto Bilmark Avenue then right onto Springview Road then left onto Lyles Court The site is located at the end of Lyles Court behind the house at 501 Lyles Court. 5. Site coordinates, if available (UTM or Lat/Long): N35° 15' S4" - W80° 46' S4" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: The existing_proiect area is comprised mostly of single-family residences with maintained lawns. 7. Property size (acres): approximately 0 40 acre 8. Nearest body of water (stream/river/sound/ocean/lake): Little Sugar Creek ' 9. River Basin: Catawba River (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http•//h2o.enr.state.nc.us/admin/maps/.) 10. Describe the purpose of the proposed work: The 501 Lyles Court Maintenance proiect is intended to upgrade the area's existing storm water drainage system and to stabilize a portion of the channel's bank using a gabion wall ' 11. List the type of equipment to be used to construct the project: A trackhoe and typical construction equipment will be used for this project 12. Describe the land use in the vicinity of this project: Institutional and residential land usages surround the project Page 2 of 7 IV. Prior Project History A storm water pipe that drains LXles Court and the surroundin>; streets and gutters was previously installed at this .project location The date and circumstances of this activity are unknown. V. Future Project Plans There are no future project plans for this area VI. Proposed Impacts to Waters of the United States/Waters of the State 1 ~UPtlanrl Tmnartc Wetland Impact ~. Site Number µ V Type o* Area of Impact Located within 100-year** Distance to Nearest Stream Type of Wetland*** (indicate on map) Impact (acres) Floodplain es/no linear feet ( ) N/A * List each impact separately and identify temporary impacts. Impacts mctuae, but aze not nmitea to: mecnaniccu cicariiig, giauuig, ~...> excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains aze identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.QOV. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater mazsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Length of Average Width Perennial or Stream Impact * Type of Impact Impact Stream Name** of Stream Intermittent? Site Number (lf- lineaz feet) Before Impact (please specify) (indicate on map) (bf-bank feet) Stream A Gabion wall installation 400 bf Little Sugar Creek 10 -12 if Perennial (NWP No. 13) Channel reshaping with Stream A erosion control matting 140 bf Little Sugar Creek 10 - 12 if Perennial (NWP No.13) Stream A Rip rap apron l O if Little Sugar Creek 10 -12 if Perennial (NWP No. 3) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditchinglstraightening, etc. If stream relocation is proposed, plans and profiles showing the lineaz footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at Page 3 of 7 www.usgs.~ov, Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com. www.mapguest.con~, etc.). Cumulative impacts (linear distance in feet) to all streams on site: NWP No. 13: Hard Stabilization = 400 bank feet• soft stabilization = 140 bank feet NWP No. 3: Rip rap moron = 10 linear feet Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. N/A w 1 I 1 Open Water Impact Site Number * Type of Impact Area of Impact Name of Waterbody Type of Waterbody lake, pond, estuary, sound, ( (indicate on ma acres) (if applicable) ba ,ocean, etc. N/A ~__a_:__ * List each impact separately and identify temporary impacts. Impacts include, but are not mm~ea to: nu, excava~iuii, uicuguig, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Impacts to on-site jurisdictional waters of the U S have been reduced to the maximum extent practicable The protect designn has limited the length of ~abion basket to the minimal length necessar~to protect the adjacent property In addition soft stabilization will be used to protect properties located downstream of 501 Lyles Court Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. VIII. Mitigation Given the nature of the proposed activities no mit~ation is currently being proposed for this project These activities will result in an overall benefit to the water quality of downstream waters by reducing bank erosion and downstream sediment loading. CSWS believes that this protect is self-mitiaatin~ liven the waterguality improvements that will result from construction of the project - Page 4 of 7 Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it"can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at httP•//h2o enr state.nc.us/wrp/index.htm If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) r 1 r Does the project involve an expenditure of public funds or the use of public (federaUstate/local) land? Yes ® No ^ If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ ' X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to ' required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. ' r 'ect im act rotected ri arian buffers identified within 15A NCAC 2B .0233 Will the p o~ p p p (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify: SWIM buffer )? Yes ® No ^ If you answered "yes", provide the following information: ' Page 5 of 7 Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. N/A Zone* Impact s uare feet Multiplier Required Miti ation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank or cnannei; gone ~ extenas an additiona120 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. CSWS will implement proper erosion and sediment control and stabilize the buffered areas immediately following construction as required by SWIM buffer regLulations for CSWS proiects. XI. Stormwater (DWQ Only) ' Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Sources of nearbyimpervious cover include roads driveways and rooftops This project will not cause an increase in the impervious coverage of the project area ' XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? ' Yes ^ No Is this anafter-the-fact permit application? Yes ^ No ' Page 6 of 7 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Construction is scheduled to bin immediately following receipt of the appropriate permits. Page 7 of 7 u (Agent's signature is valid only if an authorization letter from the applicant is proviucu.~ DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Date: 03/31/04 Applicant/Owner: Charlotte Storm Water Services County: Mecklenburg Investigator(s): Isaac Hinson and Andrea Hughes State: NC Do Normal Circumstances exist on the site? Yes No Community ID: upland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DPl If needed, ex lain on reverse. \/C!_CTATInAI Dominant Plan ecie 1. Liquidambarsryraciflua S r t m tree In icator FAC+ Dominant Plant Species Stratum In i r 9. Allium canadense herb FACU- 2. Liriodendron tulipifera tree FACU 10. Juncus effusus herb FACW+ 3. Elaeagnus urnbellnta shrub - 11. 4. Rubus argutus shrub FAC 12. 5. Lonicera japonica vine FAC- 13. 6. Toxicodendron radicans vine FAC 14. 7. Polystichum acrostichoides herb FAC 15. 8. Viola sororia herb FAC 16. Percent of Dominant Species that are OBL, FACW or FAC 75°0 Remarks: More than 50% of dominant veg etation is FAC or wetter. uvncnl nr_v _ Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge _ Aerial Photographs _ Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _ Inundated _ Saturated in Upper 12 Inches _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits (on leaves) _ Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) _Water-Stained Leaves X Local Soil Survey Data Depth to Saturated Soil: >12 (in.) _FAC-Neutral Test Other (Explain in Remarks) Remarks: Wetland hydrolo~v indicators are a bsent. Routine On-Site Data Form Page 1 of 2 4/8/2004 1 1 1 1 1 1 1 1 ~~., Map Unit Name (Series and Phase): 1VIO nacari sOIlS Drainage Class Aoorly drained Field Observations Taxonomy (Subgroup): thermlC Fl Va uentic Eutrochre Confirm Mapped Type? Yes No Profil D cri tion: Depth Matrix Color (inches) Horizon (Munsell Moistl Mottle Colors (Munsell Moist) Mottle Texture, Concretions, Abundance/Contrast Structure, etc. 0-12 B 7.SYR 4/3 N/A N/A silt loam _ Histosol _ Concretions Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime X Listed on Local Hydric Soils List (Inclusions) Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Hvdric soil indicators are absent. IUFTI eNn nFTFRMIN~TInN Hydrophytic Vegetation Present? Yes No (Circle Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Approved by HQUSACE 2/92 Routine On-Site Data Form Page 2 of 2 4/8/2004 'NCDWO Stream Classification Form SCPl -Perennial Stream A Project Natne: 501 Lyles Court Maintenance Proiect River Basin: Catawba River County: Mecklenburg Evaluator(s): IJH and ALH DWQ Project Number: Neazest Named Stream: Little Sugar Creek Signature(s): ~~,.{.I ~~ Date: 3/31/04 USGS QUAD: Derita, NC Longitude: W80° 46' S4" Latitude: N3S" 1S' S4" ~ •' Location/Directions: From downtown Charlotte travel north on Interstate 85 (I-851 to Exit 41 (Sugar Creek Road). Turn ri>;ht onto Sugar Creek Road and travel for approximately '/2 mile Turn left onto Hidden Valley Road and travel for approximately 1/2 mile Tum left onto Cinderella Road and *PLEASE NOTE: Ijevaluator and landowner ngrer that the jrnture is a man-+nade ditch, then use of this farm is not necessary. Also, ijin the best professional judgement ojthr evaluator, the jenture is a ntnn-mndr ditch and not a modified natural stream--this rnting system should not br used* Primary Field Indicators: (Circle One Natmber Per Line) 1) Is There ARiffle-Pool Sequences ~ 2) Is The USDA Texture In Streambed Different From Surroundin>; Terrains ~ 3) Are Natural Levees Presenty 4) Is The ChaTmel Sinuous 5) Is There An Active (Or Relic) Floodplain Present 6) Is The Channel Braided ~ 7) Are Recent Alluvial Deposits Present 4\ Te T6P.p A Aanlrfi~^ Rrnch Precent9 9) Is A Continuous Bed & Bank Present? U t ~ ~ (*NOTE If Bed & Bank Cm+sed By DitchineAnd WITHOUT Sinuosity Then Score=0*) ' 10) Is A 2nd Order Or Greater Channel (As Indicated On Topo Map And/Or In Field) Presenty Yes No=O PRIMARY GEOMORPHOLOGYIND/CATOR POINTS: 18 II HvdroloQV Absent Weak Moderate Stront=_ 1) Is There A Groundwater Flow/Dischar¢e Presen[~ 0 1 2 PRIMARY HYDROLOGY INDICATOR POINTS: 3 PRIMARYBIOLOGYINDICATOR PO/NTS: 8 Secondary Field Indicators: (Circle One Number Per Line) 1) Is There A Head Cut Present In Channeh ® 0 S 1 1.S 2) Is There A Grade Control Point In Channels 0 0 S 1 3) Does Topography Indicate A Natural Drainage Wavy 0 0 S l 1~5 SECONDARY GEOMORPHOLOGYIND/CATOR POINTS: 3 II Hvdroloev Absent Weak Moderate Strong 1) Is This Year's (Or Last's) Leaflitter Present In Streambedy 1 S ~1 0 5 0 2 Is Sediment On Plants Or Debris Present? 3) Are Wmck Lines Presents 0 0 O.S O S 1 I 1.5 I S 1© 4) Is Wa[er In Channel And >48 Hrs. Since 0 O.S 1 . Last Rnown Rain? (*NOTE: IfDitch Gldicated In #9 Above Skio This Step And #5 Below* ) 5) Is There Water In Channel During Dry 0 O.S 1 1©. Conditions Or In Growing Season)? 6) Are Hvdric Soils Present In Sides Of Channel (Or In HeadcuU~ Yes 1 No=O SECONDARYHYDROLOGYlNDICATOR POINTS: 7.5 III Bioloey 1 Are Fish Present'? Absent Weak O.S Moderate rone _ 1 1.S 2) Are Amphibians Presenty 0 S 1 1.S 3\ Are AguaticTurtles Presenty O S 1 1 S 4 Are Cra fish Present? 0. O.S I 1.S Sl Are Marrnhenthos Present'? 0 _ OS St 1 1.S 6) Are Iron Oxidirink Bacteria/Funeus Presenty ~l 0 S 1 1 5 71 Is Filamentous Alyae Presenty 0 ~ 1 1 S 8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL (* NOTE: If Total Absence Of All Plants bl Streambed 2 1 0.75 0.5 0 0 As Noted Above Skio This Steo UNLESS SAV Present*) SECONDARY BIOLOGYINDICATORPOINTS: 1.5 TOTAL POINTS (Pritnnrv + Secondary= 42 (If Greater Thnn Or Equnl To 19 Points The Stream Is At Lenst Intermittent) USACE AID# DWQ 5CP1- i'~rennial Streayn A ~~ ~sw, 1. Applicanf's Name: Charlotte Storm Water Services 2. Evaluator's Name: Isaac Hinson and Andrea Huehes 3. Date of Evaluation: 3/31/04 4. Time of Evaluation: 11:00 am 5. Name of Stream: Little Sugar Creek 6. River Basin: Catawba 7. Approximate Drainage Area: 595 acres 8. Stream Order: Second 9. Length of Reach Evaluated: 1501inear feet 10. County: Mecklenburg 11. Location of reach under evaluation (include nearby roads and landmarks): From downtown Charlotte, travel north on Interstate 85 (I-851 to Exit 41 (Sugar Creek Road). Turn right onto Sugar Creek Road and travel for approximately `/ mile. Turn left onto Hidden Valley Road and travel for approximately 1/2 mile. Turn left onto Cinderella Road and travel for approximately % mile. Tum right onto Bilmark Avenue, then right onto Springview Road, then left onto Lyles Court. The site is located at the end of Lyles Court behind the house at 501 Lyles Court. 12. Site Coordinates (if known): N35° 15' S4" W80° 46' S4" 13. Proposed Channel Work (if any): Channel reshaping and stabilization 14. Recent Weather Conditions: Rain within48 hours 15. Site conditions at time of visit: 55° and cloudy 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters --Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters Nutrient Sensitive Waters Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point'? YES NO If yes, estimate the water surface area: 1.4 acres 18. Does channel appear on USGS quad map`? YES NO 19. Does channel appear on USDA Soil Survey? YES NO 20. Estimated Watershed Land Use: 80 % Residential % Commercial __% Industrial % Agricultural °% Forested _ % Cleared /Logged 20 % Other (Institutional ) 21. Bankfull Width: 10-12' 22. Bank Height (from bed to top of bank): 5-8' 23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) Moderate (4 to 10%) -Steep (>10%) 24. Channel Sinuosity: Straight X Occasional Bends -Frequent oleander -Very Sinuous Braided Channel Instructions for completion of worksheet (located on page- 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the ' worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. if a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score ' of 100 representing a stream of the highest quality. Total Score (from reverse): 46 Commeuts: A moderate presence of crayfish and benthic macroinvertebrates, consisting of chironomid midges, damselfly larvae, and caddisfly larvae, were sampled from the stream. ,~ r ~ Evaluator's Signature ~ ~'+.P----~ Date ~ e ~ ~ ~' This channel evaluation form is intende to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio ar requirement. Form subject to change -version 05/03. To Comment, please ca11919-876-8441 x 26. C~<1~~CTER 1 ~'I'ICS ' I ECORE~~(~N POST R_~~IO -- )Cf ~I21Ji i ~ __-_ Coastal ~ Piedmopt ~~lountain ' Presenceof flow / persistentpools~in stream ! _ I (no flow or saturation = 0; strongflow max.points} '' ~ ~ 0 ~ 0 _ _ 4 ~ ~ Evidenceof past human alteration _ T - (extensive. alteration - O; no alteration =max~points } t~-6 1 r, -~ ~ ~; ; p r z1o buffer = 0; conttgu ous; wide buffer = max points j 0 ~' ~ i - -t ~i i ~ - ~ ~ 2 ~ ~ Evidence of'nutrient or chemical discharges I j (extensive discharges O; no discharges = inns points) 0 ~ ~1 + 0 + 1 ' - Gro undwa~er discharge ~ = ~ (no discharge = 0; springs, seeps, wetlands, etc_ max points) 0 ' ~ 0 ~F I i? - -i 3 Presence of adjacent floodptain i ~, r, (no tZoodplain Oy extensive floodplain =max, poilits) 0 ~ ~ ~ ~ - ~ ! ~~ - 2 .., . 7 Entrenchment Efloodplain access . . J - _ (deeply entrenched= 0; trequent~floodiitg= maYpomts} 5 0 ~ _ , 0-~ ti-_ 2 g Presence of adjacent wetlands ' (no wetlands' O;large adjacent wetlands max points] 0 6 ~~ ~ i~ l q Channel sinuosity -- (extensive channelization 0; naturaLmearider max points) 10 Sediment input 0 j 0 -1 0- 4 1 (eYtensive~deposition- 0: little or no sediment max points) Size~~diversity ofchannePbedsubstrate ~ 11 ' , ,: Gtme_ homogenous 0: lame, diverse sines 1nas points) ~~ 0 =1 0 ~ 3 li l , ' '~ L+ videnoe~ of channel ineisiofl or widening ~- ~ (deeply incis .d = 0; stable'bed ~_banks= maxpoints) 0 _ ~ ~ 0 4 0,-~ ~ 2 ~~ .... ; ~ Presence of major bank failures _ I ,~ _ 1 (severe erosion = 0; no erosion, stable bars max points) 0 0-~ 0 J 2 ~"' ~'~ l~ Root depth and densityon banks 0-3 ~ 0-~ ~ 0 5 3 ~ (no vis~bteroots - 0; densa roots throughout= max points) j - i I~ ' 1~ i Im act b~ agriculture or hvestock rod'uction P~ ~ P 5 0 ~~ _ (substantial impact -O; no ~vid~nce - m:ix points) - 0 =l 0~ i 4 Presence of riffle-poollripple-pool-complexes - _ (nu riftlc~'ripples ur pools = Q; well-developed-max points} 0 !' ~ ~ l ~ Habitatcomple~ity I ~ 0 6 ~ 0 6 0 f 3 ~ (little or no habitat= 0; frequent. ~,-aried habitats max points) i ~ ~ I ~ 1~ Canopy coverage over streambed ~ - ,..: ; (nos6adm~ ve~etat~on _ ~); continuous. canopy - maw points) 0 - ~ 0 ~ ~ 0 3 19 Substrates embeddedness ^` (deeply embedded-= 0; loosestnicture=marl '~NA 0 ~ 0 =l 2 ~ ~ (~ Presence of stream invertebrates i i ~~ (no cvidence~ 0; common. numerous types.=mad points) 0 - ~ i 0 ~ 0 J 2 ~ ~l ~' Presence of amphibians. Q~ (no evidence = 0; common.numerous types -max points) 0 ~- 0 -l 0 ~} 0 ~ ~ , ~ .. ~~ Presence of fish ~ I 0-~- ~ 0 4 0 -l 0 M (no evidence = 0; common, numerous types =max points} evidence of vF-ildlife use: j --' (noe~idene~ =0; abundant evidence-max points] 0 6 0~ 0~ I 2 - -- --- - i Total Points Possible '100 ~ l0(7 l ~ ~~! ~- t ~ -'T®~`AE SCORE {als~~ente~ orrfirst~pa«e) ~ 46 These characteristics are not assessed in coastal streams. 501 Lyles Court Maintenance Project October 28, 2005 REVISED Nationwide Permit Nos 3 and 13 Project No. 2005-1130 Photograph A. View of Stream A at Lyles Court Photograph B. View of eroding banks along Stream A ' ,~ Carolina Wetland Services I~. CW~ 550 East Westinghouse Blvd. \ Charlotte, North Carolina 28273 \ REFERENCE: GIS LAYERS PROVIDED BY MECKLENBURG COUNTY LAND USE AND ENVIRONMENTAL SERVICES, DATED 2002. Figure 4. Revised Impacts 501 Lyles Court Maintenance Project Charlotte, North Carolina f 4Ei, CWS Project No. 2005-1130 ' PREPAR~D.~Y DATE CHECKED DA'PE CLJ ;~fl'ijl,~ ~"_ ' LEGEND ' - .. JURISDICTIONAL STREAM CHANNEL ~ ClIANNEL RES!lAPING . ' 508 5208 5200 7 ~r',% 5216 ~,~ Carolina Wetland Services ~~ `'WS 550 East Westinghouse Blvd. Charlotte, North Carolina 28273 REFERENCE: DETAII. PROVIDED BY CIIARI,OTTE STORM WATER SERVICES, DATED 2005. Figure 5. Typical Gabion Wall Cross Section 501 Lyles Court Maintenance Project Charlotte, North Carolina CWS Project No. 2005-1130 PREP D BY SGT DATE CHECKED DATE to iq 1D~ ~ igTir~G ~~ ~~ ,S~c ~c°r Ty pr ~? ~" ~'5? ST~~~~" ~~ ~. t n~~a ~: ~ a~~.~ ~ ~I ~ ~ ~:.~,rt,.t. Tye. C°~a~5 S~e~`;rar.t ~, F~` State: "= 5 ~