20100568 Ver 1_Public Notice_20101203

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PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: December 3, 2010
Comment Deadline: January 3, 2011
Corps Action ID #: SAW -2010-01358
The Wilmington District, Corps of Engineers (Corps) has received an application from
Charlotte -Mecklenburg Storm Water Services seeking Department of the Army authorization to
impact 0.98 acre of wetlands and 95 linear feet of stream channel associated with the re-
establishment of an open water pond known as Enclave Pond on Brotherly Lane, in Charlotte,
Mecklenburg County, North Carolina.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at www.saw.usace.army.mil/wetlands
Applicant: Charlotte Mecklenburg Storm Water Services
Mr. Isaac Hinson
600 East Fourth Street
Charlotte, North Carolina 28202
AGENT: S&ME, Inc.
Attn: Joey Lawler
9751 Southern Pine Boulevard
Charlotte, North Carolina 29745
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33
U.S.C. 1344).
Location
The project site known as Enclave Pond is located within an existing residential development on
Brotherly Lane and on the east side of Steele Creek Road, in Charlotte, Mecklenburg County,
North Carolina. Coordinates for the site are 35.0925°N and -80.9948°W. The site contains
wetlands that are adjacent to unnamed tributaries which are located on the site. The stream
channel on the site drains to Walker Branch in the Steele Creek watershed. Steele Creek
ultimately drains to the Catawba River which is considered a navigable waterway.

Existing Site Conditions
The watershed draining to the project area is in a "built -out", urban condition with an estimated
impervious coverage of 38 percent. This has contributed to excessive channel erosion and
incision. The on-site tributaries drain to Walker Branch, which is located in the Steel Creek
Watershed. Steel Creek is on the 303d list for Biological Impairment at CW -681, which is the
monitoring location where Steel Creek crosses under U.S. Highway 21 Bypass in York County,
South Carolina (downstream of the project area). Streams and wetlands identified in the project
area are described below:
Tributary A: This stream enters the Enclave Pond area from the west. Tributary A scored 30.0
on the DWQ Stream Classification Form, indicating perennial flow and therefore considered a
relatively permanent water. The stream channel has been heavily impacted by recent
sedimentation, which has filled the lower portion of the channel and converted it into a linear
wetland feature. Additionally, the channel appears to have been straightened in the past.
TributaryB: This stream enters the Enclave Pond area from the south. Tributary B scored 40.5
on the DWQ Stream Classification Form, indicating perennial now and therefore considered a
relatively permanent water. The stream channel has also been heavily impacted by recent
sediment deposition associated with adjacent residential development. During the field visit, a
riprap equipment crossing associated with recent sewer line installation was observed along the
channel.
Tributary : This tributary is the outlet stream from Enclave pond. Tributary C scored 41.5 on
the DWQ Stream Classification Form, indicating perennial flow and therefore considered a
relatively permanent water. Immediately upstream and downstream of Brotherly Lane, the
channel has been rip -rapped. Downstream of the gravel drive, the channel is deeply incised and
actively undercutting the banks, resulting in the culvert being perched over the channel bed by
approximately 3 feet.
Wetland 1: Enclave Pond was breached in December 2008 and has since developed scrub/shrub
and herbaceous wetland characteristics. The scrub/shrub area is predominantly black willow
(Salix nigra) and sapling bald cypress (Taxodium distichum), and the herbaceous area contains
common rush (Juncus effusus), shallow sedge (Carex lurida), softstem bulrush (Scirpus validus),
and cattails (Typha latifolia). Soils within the pond demonstrate hydric indicators (sulfidic odor
and low-chroma colors). However, the soil has been disturbed by the recent deposition of
sediments due to adjacent construction of a residential subdivision. Wetland 1 is directly abutting
Tributaries A, B, and C.
Applicant's Stated Purpose
Charlotte Mecklenburg Storm Water Services is proposing to repair the dam on the pond in order
to reduce the risk of downstream flooding and to provide needed water quality improvements in
the watershed. A secondary purpose of this project is to restore the pond as an aesthetic and
recreational amenity to the surrounding residential community.
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A key aspect of this project is to reduce downstream flooding. A single driveway culvert
immediately downstream of the pond floods frequently. The City of Charlotte considers the flood
mitigation a high priority because the driveway serves multiple households and provides the only
access in the event of an emergency. Second, the neighborhood wishes to restore the pond as an
aesthetic and recreational amenity. Finally, this project will provide water quality improvements
for the downstream watershed. In particular, the pond is expected to provide 66 percent total
suspended solids (TSS) removal and a proportionate removal of nutrients. Furthermore, the
pond will control the volume of the one-year rainfall event to mimic pre -development hydrology,
which is expected to provide water quality enhancements by restoring the downstream flow
regime to reduce channel erosion and improve in -stream habitat.
Project Description
Enclave Pond was approximately 1.77 acres of open water prior to the dam being breached in
December 2008 by the current property owner. Since that time, the pond bottom has naturalized
into a scrub -shrub and herbaceous wetland approximately 0.98 acre in size. The applicant is
proposing to repair the dam in order to re -flood the formerly ponded area. Grading work within
the pond bottom itself will also be done to remove accumulated sediment and create a littoral
shelf along the shore of the pond. In order to re-establish Enclave Pond in a manner that provides
similar capacity to the pre -breach conditions and limits flooding concerns, the pond banks will
be re -graded and excavated to a bottom depth of 618 feet. A stamped concrete headwall / weir
will be installed in the location of the original pond breach in order to establish the proposed
pond elevation at project completion of 623 feet. In accordance with current pond safety and
design standards, a proposed 15 foot wide safety bench starting approximately 10 feet inland of
the permanent pool elevation will be established to protect adjacent properties. Disturbance
associated with grading of the new pond banks and installation of the pond control structures will
result in 0.98 acres of permanent impact to the existing wetlands that have established under the
footprint of the original pond (Wetland 1). Work associated with Tributaries A and B will
involve natural channel rock cross vane tributary tie-ins. The proposed grade control structures
are necessary to match the channel elevations to the new pond bottom elevation. As these tie-ins
will be installed using natural channel design techniques, no permanent impacts to existing
streams will occur due to their tie-ins with the new pond.
Work will also include the replacement of a downstream culvert. In order to allow for passage of
the 100 -year storm event (to allow for emergency vehicle access to multiple houses) and limit
downstream erosion of Tributary C, the current 42 linear feet (If) of 42 -inch diameter culvert
under the gravel drive will be replaced with 52 if of 9 -foot x 6 -foot box culvert buried to one foot
depth. In addition, 85 if of Tributary C (combined total upstream and downstream of the culvert)
will be re -graded and the banks will be stabilized.
Impacts resulting from the proposed project are detailed in Table 1. As identified below, total
impacts to stream channels and wetlands associated with the proposed project are 0.98 acre of
Wetland 1 and 95 If of Tributary C.
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Table 1: Proposed Impacts
Wetland ID, c °#,� y
v .,yP,.* a
y'Classiflcation '
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II ,Plahera w lRnpaCt
_�t �a,; �,,� 4 �.� �� rc i �Nt•a" r, rik. H•
Wetland 1
Scrub -shrub
0.98
r i�c rt�
Pt
Tributary A
Perennial
0
0
Tributary B
Perennial
0
0
Tributary C
Perennial
85
10
The applicant is proposing to mitigate for the impacts to wetlands through payment into the
North Carolina Ecosystem Enhancement Program (NCEEP) at a 1:1 ratio for 1 -acre of riparian
wetland restoration credit. NCEEP has sent notification to the applicant that they can accept
payment for the impact and that mitigation would be provided in the Catawba 03050103
Expanded Service Area.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application for a 401
Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office. Additional information regarding the Clean Water Act certification
may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for certification under Section 401 of the Clean Water Act
should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ),
2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260 Attention: Ms Cyndi Karoly by
January 3, 2011.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination
is that the proposed project will not adversely impact EFH or associated fisheries managed by
the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
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Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
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Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, January 3, 2011. Comments should be
submitted to Amanda Jones, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina, 28801-5006.

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THEABOVF APRIL 2010 AERIAL PHOTOGRAPH G..
INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO
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GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES . RESPONSIBILITY FOR ANY DECISION MADE OR ANY_.
IONS TAKEN BY THE USER BASED UPON THIS INFORMATION.

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