20150446 Ver 1_More Info Received_20150702

550 E WESTINGHOUSE BLVD.
CHARLOTTE, NC 28273
704-527-1177 (v)
704-527-1133 (fax)
June 30, 2015
Mr. Alan Johnson
Senior Environmental Specialist
NC Division of Water Resources (NCDWR)
610 E. Center Avenue, Suite 301
Mooresville, NC 28115
Subject: Torrence Tributary Sewer
Response to Hold Letter (DWR # 15-0466)
Huntersville, North Carolina
CWS Project No. 2015-3612
Dear Mr. Johnson:
The purpose of this project is to construct approximately 6,850 linear feet of 15-inch sanitary
sewer line to provide sewer service to Burkert, a new business that is relocating to the area.
Charlotte Water (formerly Charlotte-Mecklenburg Utilities Department) the applicant has
contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services
for this project. McKim and Creed has been hired by Charlotte Water to provide design
assistance, as necessary. Burkert has been promised sewer service along the western boundary of
their property (Tax parcel No. 017-401-05) through a Memorandum of Understanding (MoU) with the
Please note that Burkett cannot open their facility
Town of Huntersville by early December 2015.
without sewer services and this will ultimately lead to financial hardships for this business.
On June 2, 2015, our team met with you to discuss the alternatives considered during the development
of the design for this alignment and review the proposed design in the field. The attendees included,
Mr. H. Arnold Jarrell, Jr. representing Charlotte Water, Mr. Chuck Shue representing McKim and
Creed, and both Ms. Kelly Thames and Mr. Gregg Antemann representing CWS. During this meeting
you requested additional information regarding the alternative alignments considered by Charlotte
Water prior to the development of the final plan. CWS provided this additional information letter on
June 9, 2015.
A Hold Request Letter (attached) was issued on June 15, 2015. In a response to your Hold Request
Letter (DWR# 15-0466), Charlotte Water is proposing to keep the originally designed alignment based
on an alternative analysis provided below.
An alternate alignment section provided for the Wetland BB area was provided, but caused greater
impacts to the wetland than the originally proposed alignment. The alignment must be east of the
boundary between Parcel IDs 017-221-05 and 017-401-05 (Figure 8a, attached). The parcel with the
off-line pond is located on North Carolina Division of Transportation (NCDOT) property and the
easements though that parcel are set and approved by NCDOT with the originally proposed alignment.
Charlotte Water can only propose alternate alignments within the Burkett parcel as long as the MoU is
followed as closely as possible. Additionally, there is an area near that property corner where trash was
observed on NCDOT’s property and Charlotte Water wishes to stay away from that embankment, due
to the potential recovery of hazardous trash items.
The alternate alignment crosses through Wetland BB to the eastern side of the project limits (Figure 8a,
attached). This alignment still meets the goals of the MoU by following along the western parcel
boundary of Parcel ID: 017-401-05. The proposed alignment in this area eliminates 0.085 acre of
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NORTH CAROLINA SOUTH CAROLINA
WWW.CWS-INC.NET

Torrence Tributary Sewer June 30, 2015
Response to Hold Request Letter CWS Project No. 2014-3416
wetlands (0.08 ac of Wetland BB and 0.005 ac of Wetland CC), however proposes 0.30 acre of
temporary impacts to Wetland BB in order to cross to the western side of the wetland, an increase of
0.03 acre of wetland impacts (Figure 12a, attached). The alternate alignment proposes to eliminate 66.9
linear feet of a temporary stream crossing as well (Figure 12a, attached).
A summary of originally proposed and alternative alignment impacts is summarized in Tables 1 and 2,
below.
Table 1. Summary of originally proposed and alternate alignment stream impacts.
Originally Proposed Impacts
Jurisdiction
New Alternate
Temporary Permanent
Alignment
Jurisdictional Impact
USACE/EPA
Impacts Impacts
Intermittent/
Impacts
Feature Type
Rapanos
Length (lf) Length (lf)
Perennial
Classification
Stream A Perennial UtilityNo change
Perennial 45.96 lf 0 lf
(Torrence Creek) RPWCrossing (45.96 lf)
66.9 lf 0 lf Eliminated
Stream B
Perennial Utility
(Torrence Perennial
No change
RPWCrossing
58.7 lf 0 lf
Tributary)
(58.7 lf)
171.56 linear
Total Stream Impacts0 linear feet 104.66 lf
feet
Net Loss of Stream Channel0 lf 0 lf
Table 2. Summary of originally proposed and alternate alignment wetland impacts.
Originally Proposed Impacts
New Alternate
USACE/EPATemporary Permanent
Alignment
Jurisdictional Wetland Impact
Rapanos Impacts Area Impacts Area
Impacts
Feature Type Type
Classification (acres)(acres)
No change
Wetland AA Perennial RPW Forested Clearing 0.014 0.018
(0.032 ac)
0.30 ac
Wetland BB Perennial RPW EmergentClearing 0.27 0.0
(Temporary)
Eliminated
Wetland CC Perennial RPW EmergentClearing 0.005 0.0
(0.005 ac temp.)
0.31 ac Temp.
Total Wetland Impacts0.29 acre 0.018 acres
0.018 ac Perm.
Net Permanent Wetland Impact0.31 acres 0.33 acres
The originally proposed alignment as proposed in the permit application proposes to impact 171.56
linear feet of stream, and 0.31 acre of wetland impacts including 0.018 acre of permanent wetland
impact and 0.29 acre of temporary wetland impact. The alternative alignment proposes to impact
104.66 linear feet of stream and 0.33 acre of wetland impacts, including 0.31 acre of temporary wetland
2

Torrence Tributary Sewer June 30, 2015
Response to Hold Request Letter CWS Project No. 2014-3416
impact and 0.018 acre of permanent wetland impact. The alternative alignment eliminated impacts to
No permanent impacts to
Wetland CC, but increased overall wetland impacts from 0.31 to 0.33 acre.
Wetland BB are necessary based on either design. All impacted areas will be returned to pre-
construction grades.
Further avoidance and minimization strategies employed by the designer on this project include
limiting the construction corridor to a maximum of 40 feet through wetlands. The permanent
maintained portion of the right-of-way (R/W) corridor will not exceed 15 feet in width through the
wetland. Proper sediment and erosion control measures will be used to minimize disturbances to
downstream waters. Anti-seep collars will be installed at the downstream wetland boundary and every
150 feet up the gradient until the sewer trunk exits the wetland. In addition, all permanent maintained
R/W through wetlands will be permanently marked in the field to avoid mowing and maintenance
of additional wetland areas. There will be no above grade fill.
Thank for you your consideration in this matter. Please do not hesitate to contact us at 704-408-1683,
or through email at [e-mail] should you have any additional questions or comments
regarding this letter.
Sincerely,

Gregg Antemann, PWS Kelly Thames, WPIT
Principal Scientist Project Manager
Attachments: Hold Letter (DWR# 15-0466)
Figure 8a. Parcel Map
Figure 12a. Alternate Alignment Impacts
3

North Carolina Department of Environment and Natural Resources
Donald van der Vaart
Pat McCrory
Secretary
Governor
June 15, 2015
Mr. Arnold Jarrell
Charlotte Water
5100 Brookshire Blvd.
Charlotte, NC 28216
Subject: Hold – Torrence Creek Sewer
DWR: #15-0446
Mecklenburg County, NC
Dear Mr. Jarrell:
On June 2, 2015, Mr. Alan Johnson with this Office conducted a site visit along with your
representative, Mr. Greg Antemann regarding the subject project. During the site visit, concern was
expressed with regards to the proposed sewer alignment and the associated impacts to the stream
and wetlands along the corridor. On June 9, 2015, an email was received from Mr. Antemann with
responses to the concerns raised during the June 2 nd site visit; however, the response was general in
nature and did not address the alternatives discussed at the site, or the impacts associated with those
alternatives.
Currently, the proposed sewer line is slated to run along the west side of the stream where it
veers into a wetland to give access to the adjoining property. It then veers back along the west side
of the wetland where, after several hundred feet, it then cuts back to the east side of the stream,
again to provide access. The line then returns back to the west side of the stream channel and
streamside topography is similar on both side of the channel.
Given the above project description, please address the concerns/alternatives below (diagram
attached):
Keep the proposed sewer line along the west side of the channel (in yellow) while
providing trunk lines (in pink) to adjoining property. These lines should be located to
minimize the impact to the stream and wetlands.
Construct the sewer line (in red) along the east side of the wetland and stream. This
requires no impact to the stream or wetland, however, it was mentioned that this side
was avoided during the planning phase, because of the unknown. There was no
mention nor was there any information provided, however, indicating that the site had
been investigated. Can the off-line pond be drained?
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: [phone]\ Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer – Made in part by recycled paper

DWR# 15-0446
Construct the sewer line (in green) partially along the west side of the stream, then
provide a single crossing addressing the needs of the adjoining property. This
alignment would theoretically reduce the proposed impacts.
It is our understanding that there is a Memorandum of Agreement that was established prior to
investigating the feasibility and issues associated with the potential impacts to the stream and
wetlands at the site. If so, the aforementioned alternatives may meet the condition of access to the
proposed sewer line. As part of our review, avoidance and minimization concerns must be
addressed, hence the need to evaluate potential alternatives.
Please be advised that this project has been placed on hold pursuant to 15A NCAC 2H
.0507(h) until the submittal of the requested information is received. Please provide detailed
information for the bulleted items above. Failure to submit the requested information by August
30, 2015 may result in this project being withdrawn from consideration and you will have to reapply
at a later date with the appropriate fee. In addition, this Office is requesting that the Army Corps of
Engineers place a hold on their processing of the application.
Thank you for your prompt consideration in this matter. If you have any questions, please
contact Mr. Johnson at [phone].
Sincerely,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DENR

CC: Karen Higgins, Wetlands Unit
William Elliot, Asheville COE (hard copy)

I
Perennial RPW B
~5,668 lf
Wetland BB
NCDOT
~1.478 ac.
Parcel ID: 017-019-01
Seasonal RPW D
Bank of America
~123 lf
Parcel ID: 017-221-05
Wetland CC
~0.165 ac.
Memorandum of Understanding (MoU)
between the City of Charlotte and
current property owner states that utility
lines will follow the western boundary
of Parcel ID: 017-401-05.
Seasonal RPW E
~167 lf
Legend
Burkett Property
Parcel ID: 017-401-05
Project limits
Proposed Alignment
Alternate Alignment
Parcels
Wetland
Perennial RPW
Seasonal RPW
REFERENCE: GIS FILES PROVIDED BY MECKLENBURG COUNTY, DATED 2014.
STREAMS AND WETLANDS WERE DELINEATED AND CLASSIFIED BY CWS, INC., APRIL 2015.
2001000200Feet
NOTE: JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE.
DATE:
SCALE:
FIGURE NO.
1" : 200'5-1-2015
Parcel Map
8A
DRAWN BY:
CWS PROJECT NO:
KMT
2015-3612
Torrence Tributary Sewer
Huntersville, North Carolina
CHECKED BY:WWW.CWS-INC.NET
APPLICANT NO:
GCA
CWS Project No. 2015-3612

NCDOT
I
Parcel ID: 017-019-01
Wetland BB (New Alternative Alignment)
- 0. acre of temporary impact (clearing)
Bank of America
Parcel ID: 017-221-05
Property Corner
Originally Proposed Alignment
Proposed Alternate Alignment
Eliminated 66.9 lf of Stream A impact
Eliminated 0.08 acre of Wetland BB impact
Eliminated 0.005 acre of Wetland CC impact
Burkett Property
Parcel ID: 017-401-05
Legend
New Alternate Alignment
Project limits
Wetland
Seasonal RPW
Perennial RPW
Proposed Alignment
REFERENCE: BACKROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED A
2001000200Feet
AND WETLANDS WERE FIELD REVIEWED AND CLASSIFIED BY CWS, INC., A
NOTE: JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USAC
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/
DATE:
SCALE:
FIGURE NO.
1" : 200'4-30-2015
USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and
Alternate Alignment Impacts
User Community
12a
DRAWN BY:
CWS PROJECT NO:
KMT
2015-3612
Torrence Tributary Sewer
Huntersville, North Carolina
CHECKED BY:WWW.CWS-INC.NET
APPLICANT NO:
GCA
CWS Project No. 2015-3612