20020705 Ver 1_Complete File_20021004

Chadotle-Mecklesberg MZD70-S
STORM
'WATER
Services
October 3, 2002
Mr. Steve Chapin
FD
Project Manager i
US Army Corps of Engineers a
151 Patton Avenue E
Room 208 tf
Asheville, NC 28801-5006
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i
RE: Charlotte Storm Water Services
Beaverdam Creek Monitoring Station Project N
Charlotte, North Carolina
Request for 404 Permit Modification
Dear Mr. Chapin:
As part of the referenced project, you had previously issued a Nationwide Permit No. 18
for the City of Charlotte to fill approximately 0.01 acre of wetlands (Action ID No.
200230843). We have now determined, that in order to properly install the United States
Geological Survey (USGS) gaging station along Beaverdam Creek it has become
necessary to construct a permanent weir structure to provide a control point to constrict
flow towards the center of the channel. Current base flow conditions do not provide
sufficient volumes of water to allow for the collection of water quality samples. The
proposed project amendment will result in no greater than 8 cubic yards of fill placed
below ordinary high water.
We have attached the existing plan (Figure 1), the revised plan (Figure 2), a detail sketch
of the rip rap weir structure (Figure 3), and the previously authorized Nationwide Permit
No. 18 for your review.
We are hereby requesting that you authorize the construction of the weir under the
existing Nationwide No. 18 issued to the City of Charlotte under Action ID 200230843.
If you have any questions or need additional information, please do not hesitate to contact
me at JkarlCa]ci.charlotte.nc.us or 704-432-0966. Thank you for your assistance with this
matter.
Sincerely,
?arrod J. Karl
Wetland Scientist
Attachments
Charlotte Storm Water Services - 600 East Fourth Street Charlotte, North Carolina 28202-2844
Telephone[phone] FAX[phone]
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200230843 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Charlotte Storm Water Services
Address: 600 East Fourth Street
fi?,•: :1-st--: "?; lie #s? Fy.r
Charlotte, NC 28202
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.): , p.g 90
Beaverdam Creek Monitoring Station off Windy Gap Road.
Description of Activity:
Placement of fill material in 0.01 acre of wetland adjacent to Beaverdam Creek. Purpose of
fill is for the construction of a gravel-bed road to provide access to a water quality
monitoring station.
Applicable Law:
(check all that apply)
Authorization:
X Section 404 (Clean Water Act, 33 U.S.C.1344).
Section 10 (River and Harbor Act of 1899).
Regional General Permit Number.
18 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date June 18, 2002
Corps Regulatory Official Tim Smith
Expiration Date of Verification June 18, 2004
Telephone No. [phone]
CESAW Form 591
Revised July 1995
May 1, 2001
Char,
Please mail to
John Dorney
Wetlands Unit
Division of Water Quality
Parkview Building
2321 Crabtree Boulevard
Raleigh, NC 27604
Thanks,

Jim
Federal Emergency Management Agency
Region IV Mitigation (HMGP) Office FEMA-1292-DR NC
NCEM Disaster Recovery Operations Center
1830 - B Tillery Place
Raleigh, North Carolina 27604
Fax [phone]
FAX COV,ER SHEET
HMGP MITIGATION DIVISION
DATE: +13 1-o t
TO: Jo1lvi Vu
PHONE: 7 E 3 -- 1786
FAX: -73-3- ('89-3
PACE I OF I
FROM: James x. Wright
PHONE: [phone]
FAX: [phone]
DELIVERY: URGENT IMMEDIATE NORMAL:
COMMENTS:
On March 2, I faxed to you a request for assistance in updating a description
of your agency's program activities contained in a 1997 document prepared
by FEMA and the NC Division of Emergency Management. A response by
March 30 was requested.
Your input is important to ensure a current and accurate document. Should
you need another copy of the materials previously submitted to you, please
call me.
An early response would be greatly appreciated. Thank you in advance for
your cooperation.
c?
C(yl?
Federal Emergency Management Agency
Region IV Mitigation (HMGP) Office FE-MA-1292-DR-NC
NCEM Disaster Recovery Operations Center
1830 - B Tillery Place
Raleigh, North Carolina 27604
Fax [phone]
FAX COVER SHEET
HMGP MITIGATION DIVISION
DATE: 3 z/a ?
TO: -j 0A 0 Y-Me.,
PHONE: 7 .'- ^ /7 S(o
FAX: [phone]
DELIVERY: URGENT
COMMENTS:
PAGE 1. OF 6
FROM: James M. Wright
PHONE: [phone]
FAX: [phone]
IMMEDIATE NORMAL:
In 1997, in the aftermath of Hurricane Fran, this agency assisted the NC Division of Emergency
Management (DEM) in developing a training/reference document for local officials tasked with
regulating development in designated flood prone areas. We are presently assisting DEM in
revising and updating the 1997 document for re-publication.
At that time, your agency provided information on standards and requirements that had to be
met, under NC Statutes and other Acts, for development within these areas and/or types of
assistance you offer to local officials. Please review the following descriptions contained in the
1997 document and provide us with needed changes and additional information that should be
included. Unfortunately, we do not have a digital version of these descriptions. A response by
March 30 is requested. Thank you for your cooperation.
H O MEST UD Y C O U. R SE FO R
NORTH CAROLEVA COMA2V TY OFFICIATES
North Carolina Division of Emergency Management
Federal Emergency Management Agency
in cooperation with
North Carolina Association of Floodplain Managers
Second Edition
November 1997
November 1997 Managing Floodplain Development-Procedures, Standards, and Requirements
D. North Carolina Hoodplain Management Standards and
Requirements
In addition to meeting minimum NFIP floodplain management standards
and requirements, communities must also comply with applicable state
standards and requirements involving development in identified flood
hazard areas. These standards are not tied to community participation in
the NFIP, but exist as a separate set of requirements. The following
descriptions of these standards and requirements have been provided by
the respective state regulatory agencies for inclusion in this course. They
are listed by agency in alphabetical order.
Department of Agriculture and Consumer Services, Standards
Division
Anchoring Propane Tanks
National Fire Protection Association Pamphlet No. 58 (NFPA 58),
Section 3-2.2.7(h), states, "Where necessary to prevent flotation due to
possible high flood waters around above ground or mounded containers,
or high water table for those underground and partially underground,
containers shall be securely anchored." This requirement is necessarily
vague to keep from imposing an overly conservative national
requirement on localities.
Since North Carolina topography varies greatly across the state, the
characteristics of floodprone areas also vary. Included in the
considerations are flood level, wave action, speed of the current, and soil
type. In reality, no anchoring system can keep a tank in place for
extreme storms or floods, especially if several feet of soil are washed
away.
A number of methods of meeting the NFPA 58 requirement are possible.
Most solutions involve using a mobile-home type of auger anchor to
keep a propane tank from floating away from its intended location. For
tanks beside buildings, attaching the tank to the building is permitted.
However, to reduce the chance for propane leaks, the method of securing
the tank to the building or anchors is important so the tank is prevented
from rotating around vertical and horizontal axes and, thus, breaking
piping or tubing.
6-49
Managing Fooodplain Development-Procedures, Standards, and Requirements November 1997
the Division of Land Resources concerning the proposed activity. A
permit will be required prior to the initiation of such activity if the dam
is high hazard (determined by the division that the failure of the dam
could cause loss of life or severe property damage), or if the dam is 15
feet or greater in height (from top of dam to lowest point at downstream
toe) and the impoundment capacity is 10 acre-feet or greater at the top of
the dam.
The complete application must be filed at least 60 days prior to the
proposed construction date. A North Carolina registered professional
engineer must prepare the plans, inspect the construction and certify that
the dam was constructed according to approved plan before "Permission
to Impound" may be granted.
Contact: Division of Land Resources, Land Quality Section, Post Office
Box 27687, Raleigh, NC 27611. Telephone: [phone].
Fax:. [phone].
DENR Division of Water Quality
Underground Storage Tanks, Water Supply Wells, and
Waste Disposal
The division's Groundwater Section is responsible for three program
areas that may involve activities in or near a floodplain area. They are
underground storage tank sites, water supply wells, and sites permitted
for the land application of waste material.
No state restrictions are imposed on the location of underground
storage tanks containing liquid petroleum products in identified flood
hazard areas. However, if a tank is properly registered with the state
and it has a spill due to some flood-related problems, the state has a fund
that will help with the associated cleanup cost after the tank's owner has
met their deductible.
The section is responsible for the oversight of the well construction
standards that are included in 15A NCAC 2C .0010. Section .0107(a)(1)
states, "The well shall not be located in an area generally subject to
flooding. Areas which have a propensity for flooding include those with
concave slope, alluvial or colluvial soils, gullies, depressions, and
6-56
November 1997 Managing Floodplain Development-Procedures, Standards, and Requirements
drainage ways." If the wells are properly located, they should not be
impacted by flooding.
Sites that are permitted by the division for land application of waste are
required to be located outside the 100-year floodplain. Therefore, if
properly located, these sites should have minimal impact from flooding.
On the following page is a map (Figure 6-8) showing the regional offices
of the Division of Water Quality where more specific information can be
obtained.
Wetland Regulation
Authority for wetland regulation is contained in NC Administrative
Codes that identify the wetland standards (15A NCAC 2B .0231) and the
401 Water Quality Certification Process (15A NCAC 2H .0500).
Wetlands and streams are regulated by the U.S. Army Corps of
Engineers (USACE) and the North Carolina Division of Water Quality
(DEQ). The U.S. Environmental Protection Agency (USEPA) also has
an oversight role.
The USACE requires permits for many activities in wetlands or waters
under the authority of Section 404 of the Clean Water Act. Section 401
of the Clean Water Act gives the state the authority to review these
"404" permits and issue a 401 Water Quality Certification (WQC) on all
activities that require a federal permit. The conditions of the 401 WQC
then become conditions of the 404 permit.
In October 1996, the state adopted specific standards for wetlands and
rules governing the review and issuance of 401 certifications. These
standards and rules, along with the revised General Water Quality
Certifications issued in conjunction with the reissuance of the
Nationwide Permits by the USACE in February 1997, provide the basis
for most of the state's regulatory authority with regard to wetlands,
streams, and other waters of the state. Water quality chemistry
standards are also enforced by DWQ.
Generally, any activity which impacts over 113 acre of wetlands, 150
linear feet of a stream, or any area of a lake, pond, or other water body
will typically require authorization from the USACE and the DWQ. The
type of authorization and degree of review needed depends on the type of
impacts and the size of those impacts.
6-57
November 1997 Managing Floodplain Development-Procedures, Standards, and Requirements
The types of impacts that typically require permit review include:
• Filling wetlands or waters
• Excavation of wetlands and waters
• Stream channelization or relocation
• Draining or flooding wetlands
• Clearing and grubbing wetlands
Certain activities such as silviculture, ongoing farming, and the routine
maintenance of existing structures may be exempt from the permitting
process.
Wetland impacts exceeding one acre in size or impacts to permanent
streams exceeding 150 feet in length now require compensatory
mitigation to replace the functional losses from those impacts. The
mitigation measure may be carried out by the applicant at an approved
site or the applicant may pay into the State Wetland Restoration Program
(WRP). The WRP will plan and carry out larger wetland restoration
efforts within the appropriate river basin.
The DWQ regional offices (Figure 6-8) should be the first point of
contact for questions concerning activities in wetlands, waters, or
streams.
Neuse River Basin-Maintaining and Protecting Existing
Riparian Areas
The Division of Water Quality administers a temporary rule in the Neuse
River basin that protects natural areas beside streams. Effective since
July 22, 1997, this rule requires that existing riparian (streamside) areas
in the Neuse River basin be protected and maintained on both sides of
intermittent and perennial surface waters. It does not establish new
buffers. A total of 50 feet of riparian area is required on each side of
certain water bodies in the basin. This 50-foot riparian area must consist
of 30 feet of virtually undisturbed forest vegetation and 20 feet of
grassed/vegetated area or trees that could be harvested. Certain
activities are exempt from the riparian area requirement, including:
6-59
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