19961032 Ver 1_COMPLETE FILE_19961218

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Thomas Vandeventer
Special Projects Manager
CMUD
5100 Brookshire Blvd.
Charlotte, NC 28216
Dear Mr. Vandeventw..
Al 7 Z Wy VIFA
44
-Ida
ED F_= F1
December 30, 1996
Mecklenburg County t 0 11'
WQC 401 Project #9631
You have our approval to place fill material in 0.21 acres of wetlands or waters for the purpose of
constructing a reuse pumping station and pipeline at Mallard Creek Water Reclamation Facility, as you
described in your application dated 16 December 1996. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 3022. This certification allows you
to use Nationwide Permit Number 12 when it is issued by the Corps of Engineers.
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) (6) and (7). For this approval to be valid, you must
follow the conditions listed in the attached certification. In addition, you should get any other federal, state
or local permits before you go ahead with your project. Also this approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specked in the General 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, .
On Hdwar , r. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorner
Central Files
961147.1tr
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/100/6 post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., G ove mor
Jonathan & Howes, Secretary
Steven J. Levitasy Deputy Secretary
O&T X.?FA
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I D FE F1
Division of Water Quality
' Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FROM: A-/
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PHONE: 9 t g -'73?- 17Y6,
NO. OF PAGES INCLUDING THIS SHEET:

DIVISION OF ENVIRONMENTAL MANAGEMENT
April 23, 1996
Memorandum
To: Interested P
From: John Dorn
Subject: Wetland Planti Pgsfor G eral Certification 3022
The Division of Environmental Management (DEM) has received numerous requests
for appropriate annual species suitable for wet locations that can be used for soil and erosion
control purposes. DEM approached the Wildlife Resources Commission (WRC) to develop a
planting list. Using a mixture of species on either side of the optimum window may increase
soil stabilization. The WRC developed this listing:
COASTAL PLAIN NORMAL PLANTING DATES
Annual Rye Grass September 1 - November 15
Rye September 1 - November 15
Wheat September 1 - November 11-
7-Oats September 1 - November IS
Barley Not well adapted
Foxtail and Japanese Millet April 20 - Jun-e 30
Sorghum April 20 - June 30
Annual lespedeza February 1 - M-arch 20
PIEDMONT and TIDEWATER REGIONS NORMAL PLANTING D.?TES
Annual Rye Grass August 20 - Ober 31
Rye August 20 - O ober 31
Wheat August 20 - October 31
Oats August 20 - Ocmber 31
Barley August 20 - October 31
Millet May 1 - June 33
Sorghum April 25 - June 30
Annual lespedeza February 1 - Parch 30
MOUNTAIN REGION * NORMAL PLANTING DATES
Annual Rye Grass July 15 - August 31
Rye August 1 - OcIcber 10
Wheat August 1 - Oct %ber 10
Oats Not well adapt-&J
Barley August 1 - October 10
Foxtail and Japanese Millet May 1 - June 33
Sorghum May 1 - June 30
Annual lespedeza March 1 - April 15
The mountain dates can be extended in the fall by 20 days and 15 days earlier in the spring for
elevations below 2500 feet.
GENERAL CERTIFICATIONS FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR
REGIONAL PERMIT 049 (UTILITY LINE BACKFILL AND BEDDING)
This General Certification is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the
North Carolina Division of Environmental Management Regulations in 15A NCAC 2H,
Section .0500 and 15A NCAC 2LB .0109 AND .0201 for the discharge of .:il material to
waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12) and
General Permit No. 198100049 of the Corps of Engineers regulations (i.e., include any
fill activity for utility line backfill and bedding. This certification replaces Water Quality
Certification Number 2664 issued on January.21, 1992 and is rescinded when the
Corps of Engineers reauthorize Nationwide 12 or Regional Permit 049.
The State of North Carolina certlt es that the specified category of activity will
not violate Sections 301, 302, 303, 306 sand 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Activities covered by this General Certification do not require written
concurrence from the Division of Environmental Management (DEM) as
long as they comply with all conditions of this General Certification and
the conditions of Nationwide 12 or Regional Permit 049;
2. Written concurrence from DEM is required if the utility line is installed
parallel to and closer than 10 feet (3 meters) to a stream or if the utility
line crosses a stream channel at less than 75 degrees or more than 105
degrees (i.e., not perpendicular stream crossing) of the stream bank;
3. Construction corridors parallel to streams shall be placed at the furthest
distance from the stream to the maximum extent practicable;
4. That established sediment and erosion control practices are utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTUs in streams and river's not designated as trout waters by DEM; 25
NTUs in all salt water classes, and all lakes and reservoirs; and 10 NTUs
in trout waters). All sedimont and erosion control measures placed in
wetlands shall be removed and the natural grade restored after the
Division of Land Resources has released the project;
5. Annual species suitable for wet locations shall be planted within
jurisdictional wetlands forsoil and erosion control. Perennials such as
fescue are prohibited; '
6. No fertilizer shall be applied within 10 feet (3 meters) of streams;

7. The construction corridor (including access roads and stockpiling of
materials) is limited to 40 feet (12.2 meters) in width and must be
minimized to the maximum, extent practicable.
8. Measures shall be taken to prevent live or fresh concrete from com',ng
into contact with waters of the state until the concrete has hardener;
9. Permanent, maintained access corridors shall be restricted to the
minimum width. practicable and shall not exceed 10 feet (3. meters) -n
width except at manhole Iccations. A 10 feet (3 meters) by 10 feet `3
meters) perpendicular vehicle turnaround must be spaced at least E-D0
feet (152.4 meters) apart.
10. An anti-seep collar shall be placed at the downstream (utility line
gradient) wetland boundary and every 150 feet (45.7 meters) up the
gradient until the utility exits the wetland for buried utility lines. Anti-seep
collars may be constructed with class B concrete or compacted cla}.
Perpendicular wetland crossings less than 150 feet (45.7 meters) to-g do
not require anti-seep collar.
The compacted clay shall have a specific discharge of 1 X 105 cm/sic or
less. A section and plan view diagram is attached for compacted c:ay
and concrete anti-seep col'ars.
The following specifications shat apply to class B concrete:
a) Minimum cement cogent, sacks
per cubic yard with rour>`ed
course aggregate 5.0
b) Minimum cement cogent, sacks
per cubic yard with angu'ar
course aggregate - 5.5
c) Maximum water-cement ratio
gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 25 day psi 2,500'
11. Placement of rip rap is restricted to stream bottom and banks direct!.
impacted by the placement of the utility line. The stream berm mus: be
restored to the original contour after construction;
12. This general certification does not authorize any permanent changes in
..
.ee
preconstruction elevation contours in waters or wetlands. The perm'
will have a specific plan for restoring wetland contours. Any excess
material will be removed to a high'ground disposal area;
13. If an environmental document is required, this Certification is not val;-
r..
until a FONSI or ROD is issued by the State Cle_aringhouse;
14. Stormwater management shall no be required for this Certification;
15. Compensatory mitigation (i.e., restoration, creation or preservation) for
wetland losses will not be required for this Certification;
16. This Certification does not relieve the applicant of the responsibility to
obtain all other required or local approval.
Non-compliance with or violation of the conditions herein set forth by a specific
fill project shall result in revocation of this Certification for the project.
The Director of the North Carolina Division of Environmental Management may
require submission of a formal applicatiyn for individual certification for any project in
this category of activity, if it is determined that td?e project is likely to have a significant
adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearinas may be held for specific applications or group of applications
prior to a certification decision if deemed in the public's best interest by the Director of
the North Carolina Division of Environmental Management.
This is the C day of September, 1995
DIVISION OF ENVIRONMEIN'TAL MANAGEMENT
?l
By
A. Preston Howa
Director
nwl2b.cer
WQC ?"r 3022

ANTI -SEEP COLLAR
I 18 1
1 inches I Utility Line
I I (Diameter Varies)
I
1 foot I
I
1.4 Class B Concrete
L-1 I or Compacted Clay
t I
6 inches French width 6 inches
Not to exceed 40 feet
SECTION
Class B Concrete
or Compacted Clay
12
inches
6 Inches.. "-*- -*- ?_I46 inches
PLAN
401 ISSUED
IUkki1. , U, 96
CMUD Project 626-96-677
December 16, 1996
Mr. John Dorney
Water Quality Planning fn )o
Division of Water Quality z m
North Carolina Department of Environment, z Cp m
Health, and Natural Resources 5
4401 Reedy Creek Road
Raleigh, North Carolina 27607

Dear Mr. Dorney:
Black & Veatch has designed a reuse (reclaimed water) pumping station for the
Charlotte-Mecklenburg Utility Department (CMUD) and is also preparing all
permit documents for this project.
The reuse pumping station and pipeline project includes construction of a
3 million-gallons-per-day pumping station on the Mallard Creek Water
Reclamation Facility (MCWRF) site to provide water for irrigation at a new
public golf course in Charlotte. The reuse pipeline includes 29,000 linear feet of
pipe that will be constructed on the MCWRF site and in NCDOT rights-of-way of
several highways (refer to enclosed figures): U.S. Highway 29, Salome Church
Road (NCSR 2469), Mallard Creek Road (NCSR 2467), and Polk and White
Road (NCSR 2476). All aspects of the project will be designed, constructed, and
operated per new state reclaimed water regulations contained in
15A North Carolina Administrative Code 2H .0219 (k) 06/03/96, which encourages
"the beneficial use of the State's water resources concurrent with the protection of
public health and the environment."
The pipeline crosses jurisdictional waters and wetlands in eight locations. The
Nationwide No. 12 Permit should apply for six of the crossings and
401 Certification for two crossings. We have attached the application form and
Administration Division 5100 Brookshire Boulevard Charlotte, NC 28216 704/399-2221
Charlotte-Mecklenburg Utility Department
Page 2
Mr. John Dorney
December 16, 1996
supporting documentation as required. We are requesting that the
401 Certification and Nationwide No. 12 permits be issued for this project. Please
contact Brent Reuss at [phone] if you have any questions.
Very truly yours,
MWR2/jhb
Attachments
CHA?OTTE-MECKLENBURG UTILITY DEPARTMENT
Thomas W. Vandeventer, P.E.
Special Projects Manager
cc: Arnold Jarrell, CMUD
Jennifer Boe, B&V
Steve Lund, U. S. Army Corps of Engineers, Asheville, NC
U.S. Army Corps of Engineers, Wilmington, NC

10 3 _
DEM ID:
401 ISSUED
ACTION ID:
.JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING vvA'fE?l- C?UAUTy
1 llT liT n r \l A \r n n C'1TrP
DIVISION OF E?-RE3NMEN -tr- r.....AGEMENI
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
RALEIGH, NC -29,- ? 27(po7
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: CHARLOTTE-MECKLENBURG UTILITY DEPARTMENT
2. OWNERS ADDRESS: 5100 Brookshire Boulevard
Charlotte NC 28216
3. OWNERS PHONE NUMBER (HOME): NA (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Douglas 0. Bean
Key Business Executive
Charlotte-Mecklenburg Utility Department
5100 Brookshire Boulevard, Charlotte, NC 28216
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: , Mecklenburg
NEAREST TOWIN OR CITY: Charlotte
-SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.
See attached drawings
6. NA14E OF CLOSEST STREAM/RIVER: Mallard Creek
7. RIVER BASIN: Yadkin
8: TS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [XJ
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED-FOR USE ON THIS
PROPERTY? YES [X] NO [ ]
IF YES, EXPLAIN,. For existing adjacent utility crossing
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.21 acres total
2/3/92
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 0
DRAINED:
FLOODED:
EXCAVATED: 0.03
TOTAL IMPACTED: 0.03
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
Refer to drawings in wetlands report
13. PURPOSE OF PROPOSED WORK: The pumping station and pipeline are
required to deliver reclaimed water to golf course
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Pipeline is located in NCDOT right-of-way and work in wetland
minimal. Measures to minimize impacts include an is p collars, sediment and
erosion control devices, limit width of construction through wetlands, all trenches
backfilled on same day & area restored immediately, and all work must stay on NCDOT right-of-way.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED. See attached responses.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED. See attached responses.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. See attached report
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. N/A
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. See attached report.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. N/A
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? residential/commercial
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
WNER' *GURE DATE
f'
LEONARD S. RINDNER
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture - Raleigh, NC 27613
Land Planning [phone]
LETTER OF TRANSMITTAL
TO HS. a - DATE: l 1 9?e
PROJECT :
??((F'iG?.?
F-'- Uso' PV ?'Y1 ?? I r ( J ?'1
ITEMS SENT :
67-
PROJ.#:
2 ?C
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Jf.?J
CIL? A
I. i Dit
NOV 220 1996
BLACK & VEATCH
CO?vLMENTS:
t

BY: COPY:
Wetland Evaluation
for
Charlotte-Mecklenburg
Utility Department
Mallard Creek Wastewater
Treatment Plant Reuse Pumping
Station and Pipeline
Mecklenburg County, NC
Prepared For:
Black & Veatch
Suite 164, 8604 Cliff Cameron Dr.,
Charlotte, NC 28269
Prepared By:
Leonard Rindn r, PWS
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, NC 27613
[phone]
Date : 11/96
PROJECT LOCATION AND DESCRIPTION
The proposed utility project is located in northeast Mecklenburg County south
Mecklenburg County, North Carolina. This area of Mecklenburg County is experiencing
rapid economic and population growth especially in conjunction with the Charlotte Outer
Belt. The project will provide irrigation water for the golf course at the Mallard Creek
Park. Generally the entire project will parallel existing roadway.
Current land use in the vicinity is large single family subdivisions, rural, and
undeveloped land, however commercial areas are expected to be built in the vicinity as
the area develops in conjunction with new roads.
All fill material will be unpolluted and appropriate measures to control sedimentation
and erosion will be employed. Wetlands which will not be disturbed will be protected
during construction from damage due to construction traffic, drainage and other forms of
disturbance.
THREATENED AN ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are
protected under the Endangered Species Act of 1973. The US Fish and Wildlife Service
has identified two endangered species - Schweinitz's sunflower (Helianthus schweinitzii),
and the Carolina heelsplitter (Lasmigona decorata).
The U.S. Fish and Wildlife Service has identified Schweinitz's sunflower (Helianthus
schweinitzii) as a species which can occur in this vicinity. Schweinitz's sunflower thrives
in full sun characteristic of successional fields, margins, and forested openings. During
the site investigation I was accompanied by Mr. John Soule of Habitat Assessment and
Restoration Program (HARP). Dr. James F. Matthews, Ph.D. of (HARP) also surveyed
the utility alignment. According to their report several populations were present along the
pipeline. Addressing this issue to the satisfaction of the U.S. Fish and Wildlife Service
will be necessary to meet general permit conditions and maintain eligibility to utilize
Nationwide Permit #12 to construct the project.
The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a
ponded portion of a small stream or in runs along steep banks with moderate current.
Primary habitat are waters less than three feet deep with a soft mud, muddy sand, or
shady gravelly substrate. It is normally restricted to protected silted areas or under banks
especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two
streams -- Goose Creek and Waxhaw Creek -- and a small river originating from rural
areas in Union County. Therefore it is not expected to occur on this site.
State Protected Species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as
those found in the project area. This species has a federal status of Proposed Special
Concern and a state status of Special Concern. The species prefers small clear streams of
less than 15' width with moderate to swift current and a sand/gravel benthic composition.
It apparently tolerates a wide range of water quality conditions and vegetation types
adjacent to the streams and appears resistant to pollution (E. Menhinick). Therefore,
strict adherence to an approved erosion and sedimentation control plan will be
maintained during the construction period in order to control degadation of water
quality.
Aquatic Habitat
The aquatic systems in the project area consist of headwater wetlands and intermittent
tributaries of Little Stoney Creek and Mallard Creek. A variety of wildlife is supported by
these systems including mammals, birds, reptiles, amphibians, fish, insects, mollusks,
and crustaceans. Therefore strict adherence to an approved erosion and sedimentation
control plan will be maintained during the construction period in order to control
degradation of water quality downstream and protect the areas to be preserved.
Short term construction impacts, primarily stream sedimentation will affect aquatic
habitat, however this will be minimized to the extent practicable to promote rapid
recovery. Best Management Practices will include utilizing siltation trapping ponds and
other erosion control structures where appropriate. Impacts from hazardous materials and
other toxins to fish and aquatic life such as fuels will be avoided by not permitting
staging areas to be located near surface waters. Also, as required by the 401 Water
Quality Certification conditions, measures will be taken to prevent "live" or fresh
concrete from coming into contact with waters until the concrete has hardened.
JURISDICTIONAL WATERS OF THE UNITED STATES
The ecological functions and values of the Jurisdictional Waters of the United States are
protected by Federal and State regulations. They provide pollution, flood control, and are
considered sensitive habitats. Section 404 of the Clean Water Act (CWA) requires
regulation of discharges and authorizes the United States Army Corps of Engineers
(USACE) to regulate the disposal of dredged or fill material into "Waters of the United
States", which includes wetlands.
The North Carolina Department of Environment, Health and Natural Resources
(NCDEHNR) - Division of Water Quality (NCDWQ) also reviews the permitting effects
based on Section 401 of the CWA. The USACE and the NCDWQ coordinate the review
and permitting process through a joint application.
2
Wetlands have been described as
"Those areas that are inundated or saturated by groundwater at a frequency and duration sufficient to
support a prevalence of vegetation typically adopted to life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas".
Afethodology (33CFR 328.3(b), 1986)
Preliminary identification and delineation of the Jurisdictional Waters on the site were
determined according to the Corps of Engineers Wetland Delineation Manual, Technical
Report Y-87-1, 1987, with Appendices. Additional instruction for determining wetland
hydrology and hydric soils is provided by guidance letters issued by the USACE
Wilmington District. Hydrophytic Vegetation has been identified according to the
National List of Plant Species That Occur in Wetland Southeast (Region 2.), US
Department of the Interior, Fish and Wildlife Service. Stream channels and
impoundments. Like wetlands, impacts to surface waters such as ponds, perennial and
intermittent creeks are also waters of the U.S. under USACE jurisdiction and must
comply with the Section 404 and Section 401 of the Clean Water Act. Preliminary data
gathering included review and interpretation of topographic maps; USDA Natural
Resource Conservation Survey; and preliminary site visits to selected areas. Then the
Routine On-Site Determination Method was utilized to determine the upper boundary of
the wetlands. In order to make a positive wetland determination indicators of
hydrophytic vegetation, hydric soil, and wetland hydrology must be identified.
General Wetland Classification and Description
The wetlands on this site can be describe as Palustrine Forested Broad - Leaved
Temporarily Flooded (PFOIA). They have formed in perched water table conditions and
in flat to nearly level areas and depressions along intermittent tributaries.
Vegetation
A majority of the site is in a forested state in various stages of succession. Immature
hardwoods to mature hardwoods grow along wetland fringes and riparian levees.
Scrub/shrub vegetation is prevalent in recently disturbed areas. Vegetation in the
clearings of Duke Power R/W is maintained and prevents the establishment of large
woody species.
Bottomland Hardwood'Headwater Forest
The headwater forests on this site have developed in the flat to nearly level drainageways
and depressions. Species which occur in these areas include willow oak, green ash,
sweetgum, red maple, river birch, hackberry, ironwood, redcedar, and tulip poplar.
3
Common understory trees and shrubs include boxelder, black willow, silky dogwood,
privet, winterberry, and alder. Woady vines include poison ivy, honeysuckle, greenbriar,
and blackberry. The herbaceous layer is variable based on exposure to light. In wet areas,
species include sedge, softrush and others.
Open Field
This includes all non-wetland areas dominated by herbaceous plants, such as the power
line right of ways and other cleared areas. These have been periodically mowed and are
dominated by pasture grasses and perennial herbs including broomsedge, goldenrod, and
bush clover. Other areas have been undisturbed for longer and are in transition to
dominant species such as blackberry, greenbriar, redcedar, pines, and saplings.
Hydric Soils
Hydric soils are defined as soils that are saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions in the upper part. The soils in
the floodplain are mapped as being Chewacla loam. According to Soil Conservation
Service, Technical Guide-Section II-A-2, June 1991, Monacan soils (Mo) are listed as
Map Units with inclusions of hydric soils in Mecklenburg County.
Hydrology
Wetlands occur in shallow flooded areas and depressions in level drainageways along
intermittent tributaries and creeks. Stony Creek and Mallard Creek are tributaries of the
Rocky River in the Yadkin - Pee Dee River Basin and currently classified a Class C -
aquatic life propagation and survival, fishing, wildlife, secondary recreation, and
agriculture.
Jurisdictional Waters and Wetlands in the Project Area
The jurisdictional waters and wetlands within the project area are depicted on the
attached on Exhibit A and enlargements. The corridor crosses jurisdictional waters and
wetlands at eight (8) sites. Most of the crossings are nearly perpendicular to the streams,
and most are adjacent to existing road and utility ROW's. Six of the crossings involve
bank to bank tributaries ranging from 3' to 15'. Two areas of jurisdictional wetlands occur
in the project corridor. This includes an approximate 200' long segment (between
Stations 72+00 and 75+00) along NC Highway 29 Right of Way and an approximate 80'
long segment through a recently created wetland area outside the fence of the WWTP
near Station 12+50 to 13+50. Both areas are disturbed by construction or are on the
fringe of roadway and will not cause fragmentation of previously undisturbed wetland
areas.
4
NATIONWIDE PERMIT #12
U.S. Army Corps of Engineers - Nationwide Permit No. 12 (Permit eligihility al.vo
require.v meeting General and Standard Nationwide Permit Condition. (i.e. endangered
specie.v))
Material from trench excavation will not be placed in such a manner that is dispersed by currents or
other forces and must be removed as quickly as possible.
The areas of waters of the U.S. disturbed has been limited to the minimum necessary to construct
the line.
the top 6" to 12" of the trench will be backfilled with topsoil from the trench.
Excess material will be removed to upland areas immediately upon completion of construction.
All exposed slopes and streambanks will be stabilized immediately upon completion of each
individual crossing.
All structures will be properly maintained, including maintenance to ensure public safety.
Erosion and siltation controls will be used and maintained in effective operation during
construction and all exposed soil and other fill will be permanently stabilized at the earliest
practicable date.
Activity will not substantially disrupt the movement of indigenous species of aquatic life in the
waterbody.
Heavy equipment working in wetlands will be placed on mats or other measures taken to minimize
soil disturbances.
General 401 Certification Conditions
Written concurrence from NCDEM is required if the utility line is installed parallel to and closer
than 10 feet to a stream or if the utility line crosses a stream channel at less than 75 degrees or
more than 105 degrees of the stream bank;
Construction corridors parallel to streams shall be placed at the furthest distance from the stream to
the maximum extent possible.
That established sedimentation and erosion control practices are utilized to prevent violations of the
appropriate turbidity water quality standards. All sedimentation and erosion control measures
placed in wetlands shall be removed and the natural grade restored after the Division of Land
resources has released the project;
Annual species suitable for wet locations shall be planted within jurisdictional wetlands for soil and
erosion control. Perennials such as fescue are prohibited;
No fertilizer shall be applied within 10 feet of streams;
The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet
in width and must be minimized to the maximum extent practicable.
5
Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of
the state until the concrete has hardened;
Permanent, maintained access corridors shall be restricted to the minimum width practicable and
shall not exceed 10 feet in width except at manhole locations. A 10 feet by 10 feet perpendicular
vehicle turnaround must be spaced at least 500 feet apart.
An anti-seep collar (See detail) shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet up the gradient until the utility exits the wetland for buried utility lines.
Anti-seep collars may be constructed with Class B concrete or compacted clay.
Compacted clay shall have a specific discharge of I X 10 -5 cm/sec or less.
Class B concrete shall have a minimum cement content of 5 sacks per cubic yard with
rounded course aggregate of 5.5 sacks per cubic yard with angular course aggregate, a maximum
water cement ration of 6.8 gallons per sack, a slump range of 2 to 4 inches and a minimum 28 day
strength of 2500 psi.
Placement of rip rap is restricted to stream bottoms and banks directly impacted by the placement
of the utility line. The stream berm must be restored to the original contours after construction;
This general certification does not authorize any permanent changes in preconstruction elevation
contours in waters or wetlands. The permitee will have a specific plan for restoring wetland
contours. Any excess material will be removed to a high ground disposal areas.
CONCLUSION
The goal of the minimization measures is to help balance the environmental
consequences of this project. Except for temporary construction impacts the proposed
project should not cause significant impacts to the ecological functions or values of
Jurisdictional Waters of the U.S.
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CHARLOTTE-MECKLENBURG UTILITY DEPARTMENT
Mallard Creek WRF-- Reuse Pumping Station and Pipeline Project
CMUD Project No. 626-96-677
Correspondence with
U. S. FISH AND WILDLIFE SERVICE
December 16, 1996
Assembled by
Black & Veatch
Charlotte, North Carolina
HABITAT
ASSESSMENT AND
RESTORATION
PROGRAM i--111
JAMES F. MATTHEWS, D.
T. LAWRENCE MELLICHAMP, Ph.D.
F:7IL.E A 3157;
P.O. Box 655
Newell, NC 28126
[phone]
[phone]
fax: [phone]
November 14, 1996
Brent Reuss
Jennifer Boe
Black and Veatch
8604 Cliff Cameron Dr., Suite 164
Charlotte, NC 28269
Dear Brent and Jennifer:
Thank you for allowing HARP to assist in this project. Since I am leaving town
for 10 days, returning on the 25`h, the timing was good to get the work and report done as
rapidly as possible. If you need assistance in locating the groups of plants, you may can
Dr. Larry Barden (547-4059) or John T. Soule (364-7839). Although neither
accompanied me, both are experts on Helianthus schweintzii. However, I feel comfortable
you can locate the plants, with the directions given. Several of the larger stems are
marked with red surveyor's tape.
Sincerely,
J es F. Matt ews
ILI
PW 14 1996
SLACX & VEATCH
Habitat Analysis, Endangered Plant Studies, Restoration of Habitats, Wetland Mitigation, Monitoring
SURVEY OF ENDANGERED PLANT SPECIES AND COMMUNITIES
Water Pipeline - Mallard Creek WWT Plant to Mallard Creek Community Park
November 1996
Prepared For Black and Veatch
by
James F. Matthews, Ph.D.
Habitat Assessment and Restoration Program
Endangered Species and Plant Community Assessment
Water Pipeline Project - Mallard Creek WWT Plant to Mallard Creek Park
The project involves a water line from the Mallard Creek Waste Water Treatment
Plant along existing road rights-of-way to the Mallard Creek Community Park access on
Polk and White Road for the purpose of providing water for the new golf course.
The road rights-of-way and the adjacent area next to the road were surveyed for
the presence of Schweinitz's sunflower, Helianthus schweinitzii, and for Heller's Trefoil,
Lotus helleri, Georgia Aster, Aster georgianus; Nestronia, Nestronia umbellula, and the
Tall Larkspur, Delphinium exaltatum. The survey work was done on November 13, when
most of the above species would be in fruit or late senescence for the season, but still
easily recognizable in the field.
Beginning at Polk and White Rd., the project extends along the north side of the
road 500 ft. to Mallard Creek Rd. It then turns northeast along the north side of Mallard
Creek Rd to the junction with Johnston-Oehler Rd., where it crosses to the south side of
Mallard Creek Rd. It continues along the south side of Mallard Creek Rd. to the junction
with Salome Church Rd. and continues south, along the west side of Salome Church Rd.
to the junction with US 29. It then turns NE along the north side of US 29 to the junction
with the entry road to the Mallard Creek WWT Plant, where it crosses US 29 and passes
along the east side of the entry road into the plant proper.
No populations of the Georgia Aster, Nestronia or the Tall Larkspur were found,
and the habitat was not suitable for these species. Most of the area is open road right-of-
way and lawns, except for some unmanaged areas just outside the ditches along the road.
One population of Heller's Trefoil was found on US 29 in an abandoned parking lot now
overgrown with weeds. This is directly across from Opal's Place. There are over 100
stems of this annual species growing within 10 ft. of the road ditch.
Five groups of Schweinitz's sunflower occur along the Mallard Creek Rd. right of
way.
1. A group of 47 stems is clustered around a highway marker for a curve, all within an
area of four square feet. The marker is 0.5 mi. southeast of the junction with Odell
School Rd. (and 30 ft. southeast of lot no. 13310). The surrounding vegetation is
mowed roadside.
2. Five stems occur just south of the ditch in an unmanaged area about 10 ft. east of a
gravel driveway (at lot no. 13520).
3. Ten stems occur ca. 180 ft. northeast of No. 2 on a road bank, just across the ditch.
4. One stem occurs ca. 30 ft east of No. 3, on the road band just across the ditch.
5. Four stems occur ca. 120 ft. east-north-east of No. 4, on the road bank just across the
ditch.
One group of 35 plants of Schweinitz's sunflower occurs on north side of US 29
across from the entrance to the Blockbuster Pavilion, in the proposed area of construction.
Recommendations:
For the population of Heller's Trefoil, the construction should pose no problem,
since the area will be refilled after the pipeline is laid. This species is one of disturbed
habitats and exhibits a fairly low tolerance to competition. It does best in a highly
disturbed area, reproducing from the abundant seeds produced each year. It should
benefit from the construction disturbance.
For the population of Schweinitz's sunflower on US 29, the situation is different.
US 29 is being expanded from the I-85 connector (to the west) to Charlotte Motor
Speedway (to the east). In the environmental plan for the widening project, CMS has
proposed to transplant the sunflowers to a permanent site on the Speedway grounds. I
have no idea as to the negotiations regarding this proposal. However, the Speedway site
does not appear to be a viable option, since permanent management cannot be guaranteed.
The area around the population is beginning to undergo development; there is already a
new surveyor's cut adjacent to the site. Additionally, there are existing water and gas
pipelines that may be relocated with the widening of US 29. With the addition of this
pipeline, the likelihood of the destruction of this population is high, either with this or with
subsequent construction. The best alternative for this population is to mark the plants
now, while they are still identifiable, and then transplant them to one of the prairie
restoration sites in Mecklenburg Co. (Latta or McDowell) this winter, using them to
restock the prairie. This is particularly true since the projected construction of this water
pipeline project is scheduled for February-March 1997.
For group No. 1 above, it exists only because of the protection of the highway sign
post from the mower. If this post is removed, the 47 stems will be mowed into extinction.
If the project will not affect the sign, it is across the ditch from the road, then this group of
plants is not in jeopardy. However, if the project will require removing or relocating the
sign, the water line can be moved to the other side of the road (there are no sunflowers
there) or this group of plants can be transplanted to the prairie site.
For groups 2-5, located along an north-facing road bank, the project may not
affect them since the road right-of-way, from the edge of the pavement to the ditch, is ca.
10 ft. If the pipeline can be installed within this 10 ft. area, careful supervision of the
construction personnel, keeping disturbance north of the ditch, may allow these plants to
be protected. Other alternatives are to move the pipeline to the other side of the road
(there are no sunflowers there) or to transplant these to the prairie site.
If there are any questions or if field assistance is needed in locating the groups of
plants, HARP will be happy to assist.
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ASSESSMENT AND
RESTORATION
PROGRAM ?-----
Jennifer Boe
Black and Veatch
8604 Cliff Cameron Dr., Suite 164
Charlotte, NC 28269
Dear Jennifer:
BLACK & VEATCH
This is a proposal to remove, sort (store if necessary), transplant, mark and
monitor for survival the groups of Helianthus schweinitzii on US 29 and Mallard Creek
Rd. The plants will be transplanted to the prairie restoration site at Latta Plantation Park.
Mr. Steve Law, Mecklenburg County Park and Recreation, has agreed to the transplant
and will designate the site. The prairie will be burned periodically and will be protected as
a prairie in perpetuity. This prairie site has been developed both as an experimental prairie
restoration and also has been designated to receive species that are in jeopardy as the
result of development.
Helianthus schweinitzii grows in clumps, with asexual reproduction from the
underground rhizomes. As plants mature, they disengage from the parent plant, leaving a
crowded, interlaced group of plants that can be separated into individual plants when dug.
The US Fish and Wildlife Service requires that the plants be separated when transplanted.
It is impossible to determine exactly how many plants are in a large clump until they are
separated. When a group has been subjected to intense management, such as the mowing
around the DOT sign on Mallard Creek which removes many of the above ground stems
preventing flowering, the underground growth continues producing new plants. Mowing
is not so frequent that the group is destroyed, so vegetative growth nourishes the
underground growth. The stem count for the survey showed 102 "plants." The actual
final count could be closer to 125-150, depending on the number of separated plants. We
will not know this count until digging and separation.
We propose to dig, sort (store short-time if necessary), separate, transplant, mark
each plant with a small flag, and monitor in the spring for survival for $10 per transplanted
plant. We will bill at the end of the transplant for the number of plants transplanted, and
will provide the monitoring data by May 15, 1997, with no subsequent billing. We want
to proceed with the project as soon as possible, since the stems are now beginning to fall
as a result of the wind and rain, so we would like to have the go-ahead as soon as you can
obtain approval.
JAMES F. MATTHEWS, Ph.D.
T. LAWRENCE MELLICHAMP, Ph.D.
P.O. Box 655
Newell, NC 28126
[phone]
[phone]
fax: [phone]
November 29, 1996
DEC 1996
Habitat Analysis, Endangered Plant Studies, Restoration of Habitats, Wetland Mitigation, Monitoring
J. Boe
29 November 1996
p. 2
If there are any questions, please do not hesitate to contact me. We will be happy
to discuss any aspect of the proposal and make modifications if necessary.
Sincerely,
i?
?ames F. Matthews
L7
BLACK & VEATCH
8604 OR Cameron Drive, Suite 164, Charlotte, North Carolina 28269, [phone], Fax: [phone]
Charlotte-Mecklenburg Utility Department
Mallard Creek Water Reclamation Facility
Reuse Pumping Station and Pipeline
Dr. James F. Matthews
Habitat Assessment and Restoration Program
P. O. Box 655
Newell, North Carolina 28126
B&V Project 31578.100
B&V File A
CMUD Project 626-96-677
December 4, 1996
Subject: Helianthus schweinitzii to be relocated
Dear Jim:
You are authorized to begin the relocation and monitoring program for
Heliant us schweinitzii as outlined in your letter proposal dated November 29,
1996. The Helianthus schweinitzii plants identified in your field survey are located
along the proposed reuse (reclaimed) water pipeline alignment, which is located
within North Carolina Department of Transportation rights-of-way.
Thank you for your continued assistance on this project.
Very truly yours,
BLACK & VEATCH
Jennifer B. Boe
MWR1/jhb
cc: Tom Vandeventer, CMUD
Brent Reuss, B&V
Black & Veatch
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CHARLOTTE-MECKLENBURG UTILITY DEPARTMENT
Mallard Creek WRF-- Reuse Pumping Station and Pipeline Project
CMUD Project No. 626-96-677
Correspondence with
STATE HISTORIC PRESERVATION OFFICER
December 16, 1996
Assembled by
Black & Veatch
Charlotte, North Carolina

BLACK & VEATCH
8604 Cliff Cameron Drive, Suite 164, Charlotte, North Carolina 28269, [phone], Fax: [phone]
Charlotte-ivfecklenburg Utility Department B&V Project 31578.100
Mallard Creek Water Reclamation Facility B&V File A
Reuse Pumping Station and Pipeline CMUD Project 626-96-677
November 22, 1996
MAILED + FAXL
ivfs. Renee Gledhill-Earley FED-EX'D
Division of Archives and History DATE 22
North Carolina Department of Cultural Resources ??O
109 East Jones Street
Raleigh, North Carolina 27601-2807
Subject: Environmental Assessment for
Reuse Pumping Station and Pipeline
Dear Ms. Gledhill-Earley:
Black & Veatch is assisting the Charlotte-Mecklenburg Utility Department (CMUD)
in preparing an environmental assessment for a reuse (reclaimed water) pumping
station and pipeline. In addition, the project will require a Nationwide ##12 permit
for the eight crossings of jurisdictional waters and wetlands and notification to the
Division of Water Quality for 401 Certification concurrence at one of the crossings.
As you are aware, we must attach to the application a copy of a written response
from the State Historic Preservation Officer.
This project is separate from the Mallard Creek Water Reclamation Facility
(MCWRF) re-rating and expansion project to which your office provided a letter of
response dated July 16, 1996. The reuse pumping station and pipeline project
includes construction of a 3 million-gallons-per-day pumping station on the MCWRF
site to provide water for irrigation at a new public golf course in Charlotte. The
reuse pipeline includes 29,000 linear feet of pipe that will be constructed on the
MCWRF site and in NCDOT rights-of-way of several highways (refer to enclosed
figures): U.S. Highway 29, Salome Church Road (NCSR 2469), Mallard Creek Road
(NCSR 2467), and Polk and White Road (NCSR 2476). All aspects of the project
will be designed, constructed, and operated per new state reclaimed water regulations
contained in 15A North Carolina Administrative Code 2H .0219 (k) 06/03/96, which
encourages "the beneficial use of the State's water resources concurrent with the
protection of public health and the environment. "
Page 2
Ms. Renee Gledhill-Earley
B&V Project 31578.100
CNIUD Project 626-96-677
November 22, 1996
We are requesting comments or concerns you may have regarding the proposed reuse
pumping station and pipeline. Please forward your comments to as early as possible.
Please contact me at [phone] if you have any questions or need additional
information.
Very truly yours,
BLACK & VEATCH
de nifer B. Boe
MWR1/jhb
Enclosures
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CHARLOTTE-MECKLENBURG
UTILITY DEPARTMENT
MALLARD CREEK WRF
NOVEMBER, 1996
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North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
December 11, 1996
Jennifer B. Boe
Black & Veatch
8604 Cliff Cameron Drive, Suite 164
Charlotte, NC 28269
Re: Reuse pumping station and pipeline,
Mecklenburg County, ER 97-7913
Dear Ms. Boe:
BLACK & VEATCH
Thank you for your letter of November 22, 1996, concerning the above project.
We have conducted a review of the project and are aware of no properties of
architectural, historic, or archaeological significance which would be affected by the
project. Therefore, we have no comment on the project as currently proposed.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations
for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley, environmental
review coordinator, at 919/733-4763.
Sincerely,
David Brook
Deputy State Historic Preservation Officer
DB:slw
Division of Archives and History
Jeffrey J. Crow, Director
?k?gadgD
?;. Fn ' ' 1996
109 East Jones Street • Raleigh, North Carolina 27601-2807 1?3