Loading...
HomeMy WebLinkAbout19970423 Ver 1_COMPLETE FILE_19970512r State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A IT LT4 [D EHNR August 6, 1997 Mr. Robert Johnson Field Office Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 143 Asheville, NC 28801 Dear Mr. Johnson: 0? 31991 \sN a 14%0 tiTq?s ?,? ?4 CiF??s In keeping with your request, this office has circulated to interested state review agencies U. S. Army Corps of Engineerss Public Notice and Action ID No. 199702667 dated May 8, 1997, which describes a project proposal by Mecklenburg County Parks and Recreation Dept. of Charlotte. The project, involving the removal of sediment from an impoundment with subsequent wetland impacts, is located on an unnamed tributary to Irvins Creek, off of Mcalpine Greenway, southeast of Charlotte, in Mecklenburg County. Based on a coordinated agency review, the state interposes no objection. During the course of this review, three of the ten responding agencies provided substantive comments. Their important recommendations follow:: Division of Land Resources - finds that an adequate erosion and sedimentation control plan must be submitted to the Mooresville DEHNR Regional Office. Additionally, the applicant will ultimately have to restabilize the disturbed areas which will not be inundated; Division of Water Quality - on July 22, 1997 issued the required Section 401 Water Quality Certification. Certification No. 3148 provides important environmental safeguards; Wildlife Resources Commission - requested the permit be conditioned as follows: (1) Limit excavation to the open water areas and maintain a minimuum of 0.75 acres of the marsh system to provide wildlife habitat and to protect water quality. Maintaining the current regular shape of the marsh is desirable because it maximizes edge. The lake bottom along the marsh should be sloped at preferably 2:1; however, 3:1 is acceptable if there are overriding safety concerns. P. O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-715-4100 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper J 1 Mr. Robert Johnson Page 2 August 6, 1997 (2) The excavated material should not be stockpiled where sediments will be carried into surface waters. Excavated material should be stabilized with vegetation as soon as possible (within 30 days). Surface waters should be protected from sedimentation with appropriate measures (silt basins and fences) untl the vegetation has stabilized the loose soils. (3) Prohibit disposal of any excavated material within the 100-year floodplain of any stream. Should you require additional input from the state on this matter, do not hesitate to contact this office or the commenting agencies. Very sincerely, 4JoR. Parker, Jr. Inland `404 Coordinator JRP:jr/aw cc: Division of Water Quality Division of Land Resources Wildlife Resources Commission State of North Carolina Department of Environment, Health and Natural Resources 4 • • Division of Water Quality James Hunt, Jr., Governor ID FE H N F1 Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 22, 1997 Mr. Troy Fitzsimmons Mecklenburg County Parks and Recreation Dept. 5841 Brookshire Blvd. Charlotte, NC 28216-2403 Dear Mr. Fitzsimmons, Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed dredging of an existing pond WQC Project #970423, COE #199702627 Mecklenburg County Attached hereto is a copy of Certification No. 3148 issued to Mecklenburg Parks and Recreation Dept. dated 22 July 1997. If we can be of further assistance, do not hesitate to contact us. Sincerely, Oe?1 on Howard, Jr. P.E Attachments 970423.wgc cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office Mr. John Dorney Mr. John Parker, Division of Coastal Management Central Files Mike Ignocco, Law Environmental Division of Water Quality • Environmental Sciences Branch Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 500/6 recycied/10% post consumer paper -4. - NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS 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 Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to Mecklenburg County Parks and Recreation Department resulting in 0.83 acres of wetland impact in Mecklenburg County pursuant to an application filed on the 12th day of May, 1997 to dredge an existing lake at McAlpine Greenway Park. The application provides adequate assurance that the discharge of fill material into the waters of Irvins Creek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice or as modified below. If you change your project, you must notify us and you may be required to submit a revised 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 below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non- discharge and Water Supply watershed regulations. Condition(s) of Certification: 1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the 'North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices) shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters); 2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 22nd day of July, 1997 DIVISION OF WATER QUALITY estop owar , Jr. P ?WQC #3148 ., State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: Mr. A. Preston Howard, P. E. Director Division of Water Quality FROM: John R. Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review 1DEHN RFC, OFD Mayl3, 1997 Mir 14 1997 The attached U.S. Army Corps of Engineers Public Notice for Action No. 199702627 dated May 8, 1997 describing a proposed project by Mecklenburg Co. Parks & Recreation is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 5/23/97. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office suSrts the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date 117?v P.O. Box 27687, -. ; FAX 919-733-1495 N?f Raleigh, North Carolina 27611-7687 rf C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 RlAI'!??r r;!2 50% recycled/ 10% post-consumer paper 1EMORANDUM PRINT NAMES: Reviewer: CO- JOHN DORNEY WQ SUPV.: r2 _ ENVIRONMENTAL SCIENCES BRANCH DATE: z?- 9 SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) PERMIT YR: 97 PERMIT NO: 0000423 COUNTY: MECKLENBURG APPLICANT NAME: MECKLENBURG CO. PARKS & REC.-MCALPINE PROJECT TYPE: DREDGING POND PERMIT TYPE: IND. COE #: DOT #: RCD_FROM _CDA: APP DATE_FRM_CDA: 05/12/97 REG OFFICE : W-0 ZIVER AND SUB BASIN J: 030834 STREAM-CLASS: C WL_IMPACT?: Y/N WL_REQUESTED: WL_SCORE M : MITIGATION?: Y/N MITIGATION-SIZE: STR INDEX N0: 11-137-9-2 WL_TYPE: WL ACR EST?: Y/N WATER IMPACTED BY FILL?: Y/N MITIGATION TYPE: DID YOU REQUEST MORE INFO?: Y/N IS WETLAND RATING SHEET ATTACHED?: Y/N CIO, oti????T91 l99j 94 HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY COMMENTS: %`?iS o?<<% 6%x/.21 ,?? CJ/?J??%/v-?S Go%' I /?,4?o?ys? ?7 Pa r. D^7-1 of nr r tr,- • :• tir <Tr-AT,'F)T: MAY 1 9 1997 ;,sia eP? cu???? CFFiCf CC: Regional Office Central Files NCWPC,HCP,FALLS LAKE ."W? TEL:919-528-9839 Map 22'97 8:25 No.003 P.02 North Carolina Wildlife Resource Commission K? 512 N. Salisbury Street, Raleigh, North Carolina 27604.1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, inland "40A" Coordinator Division of Coastal MQQanagtO InL DEI R FROM: Owen 1?. Anderson;'Ydmont Region Coordinator Habitat C'.onservatiOn Program DATE: May 22, 1997 SUBJECT: Public Notice for Mecklenburg County Parks and Recreation Department 1br a Department oi' Army Permit to Excavate and Temporarily Stockpile Approximately 30,000 Cubic Yards of Accumulated Sediment Including 0.83 Acres of Herbaceous Marsh Wetland from an Existing 4.7-Acre Impoundment on an Unnamed 't'ributary To Irvin Creek At McAlpine Oreenway Park Off Monroe Road Southeast of Charlotte. Mecklenburg County, North Carolina, Action 1D 199702627 Staff biologists with the Wildlife P%esources Commission have completed a review of the subject application to assess impacts to fish and wildlife habitat. Although a site visit was not made, our stalf have worked on this impoundment in the past and are familiar with its problems and history. Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U,S.C. 466 et seq.), and the Dish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). 't'he applicant proposes to excavate four feet of accumulated sediment over the entire bottom of a 4.7-acre lake. Approximately 30,000 cubic yards of material will be removed by backhoe and dump truck. The excavation will destroy a 0.83-acre herbaceous marsh wetland, which has developed along the upstream end of the lake and is vegetated primarily with sedges and soft rush. The purpose of the excavation is to create a deeper pond tor stocking game fish 1br public recreational fishing; opportunities at this county park facility. The applicant proposes to install a subsurface aeration system and fish structures after excavation. This project is located within the floodplain of Irvins Creels; therefore, the lake floods periodically, which may cause problems with managing the lake for fishing. We agree that excavating the lake should improve the capability of sustaining a recreational fishery and are not opposed to removing accumulate sediments in the open water. 't'he marsh that. has developed at the upstream end of the lake adds diversity of habitat for wildlife and enhances potential for environmental education and wildlife viewing opportunities ?NCh;RC,HCP,FALLS LAKE TEL:919-528-9839 May 22'97 8:26 No.003 P.03 McAlpine Greenway Pond 2 May 22, 1997 199702627 i'or species assaciated with marsh habitats. Additionally, the marsh functions in sediment removal and uptake of nutrients; and therefore, helps maintain water duality within the pond. Maintaining good water quality will be essential to maintaining a good recreational fishery. The excavated material will be dispusW of on existing soccer and athletic fields within the park. Since the pond is in the f oodplain, we must also assume that the playing fields could also bo in the 100-year floodplain. Filling the 100-year floodplain will exacerbate flooding downstream and have adverse impacts on aquatic habitats. We request that this permit be conditioned as follows:y,??''t 1. Limit ex"wation to the open water areas and maintain a minimtun of 0.75 acres of the marsh syktetn to provide wildlife habitat and to protect water quality. Maintaining the current irregular shape of the marsh is desirable because it maximizes edge. 'l lie lake bottom along the marsh should be sloped at preferably 2:1; however; 3:1 is acceptable if there are overriding safety concerns. - ??- 2. The excavated material should not be stockpiled where sediments will be carried into Q' surface waters. Excavated material should be stabilized with vegetation as soon as possible (within 30 days). Surface waters should be protected frorn sedimentation with appropriate measures (silt basins and fences) until the vegetation has stabilized the loose soils. 3, 1'rclhihit disposal o l,any excavated material within the 100-year floodplain of any stream, We appreciate the opportunity to review this permit application. If you need further assistance or additional information, please contact me at (919) 528-9996. cc: Steve Lund, US Army C:OE, Asheville John Dorney, Division of Watcr Quality Mate of North Carolina Department of Environment, N"PFA Health and Natural Resources 10 Division of Coastal Management Jonathan B. Hunt, Jr., Governor IDE H N .konatathan B. Howes, Secretary Pager N. Schecter, Director Mayl3, 1997 MEMORANDUM TO: Mr. A. Preston Howard, P. E. Director Division of Water Quality FROIkl: John R. Parker, Jr. Inland "404 Coordinator SUBJECT: "404" Project Review The attached U.S. Army Corps of Engineers Public Notice for Action No. 199702627 dated May 8, 1997 describing a proposed project by Mecklenburg Co. Parks & Recreation is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 5/23/97. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date P.O. Box 27687, ?y? FAX 919-733-1495 Raleigh, North Carolina 27611-7687 C An Equal Opportunity/Affirmative Action Err-' Voice 919-733-2293 - 50% recycled/ 100% post-consumes DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 199702627 May 8, 1997 PUBLIC NOTICE Mecklenburg County Parks and Recreation Department, ATTN: Mr. Troy J. Fitzsimmons, Park Planner, 5841 Brookshire Boulevard, Charlotte, North Carolina, 28216-2403 has applied for a Department of the Army (DA) permit TO EXCAVATE AND TEMPORARILY STOCKPILE APPROXIMATELY 30,000 CUBIC YARDS OF ACCUMULATED SEDIMENT INCLUDING 0.83 ACRES OF HERBACEOUS MARSH WETLAND FROM AN EXISTING 4.7-ACRE IMPOUNDMENT ON AN UNNAMED TRIBUTARY TO IRVINS CREEK AT MCALPINE GREENWAY PARK OFF MONROE ROAD SOUTHEAST OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant and from observations made during an onsite inspection by a representative of the Corps of Engineers. Plans submitted with the application show the proposed excavation of approximately 4 feet of accumulated sediment over the entire bottom of the 4.7-acre lake. Approximately 30,000 cubic yards of material would be removed by backhoe and dump truck working from the lake bed. It has been determined that the applicant's proposed method of excavation would result in temporary stockpiling of excavated material on the lake bottom in more than incidental amounts. The lake has recently been drained to facilitate this activity. The excavated material would be disposed of on existing soccer and athletic fields within the park. The proposed excavation would remove 0.83 acres of herbaceous marsh wetland vegetated primarily with sedges and soft rush that has developed along the upstream (western) end of the lake. Following completion of the proposed excavation, the applicant plans to install a subsurface aeration system together with six concrete and/or tire reefs within the lake to improve aquatic habitat. The lake would then be restocked with gamefish. The purpose of the proposed work is to rehabilitate an existing impoundment and provide public recreational fishing opportunities at this county park facility. Plans showing the proposed work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army (DA) permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Department of Environment, Health and Natural Resources (NCDEHNR) has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. -2- The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore 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 placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; 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. !t ' Y t -3- Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Department of Environment, Health and Natural Resources (NCDEHNR) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDEHNR considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army (DA) permit serves as application to the NCDEHNR for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Department of Environment, Health and Natural Resources (NCDEHNR), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27611-7687, on or before May 30, 1997, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m., May 23, 1997, or telephone (704) 271-4857. 3891 • / ^? • -:. Lr \ ?? 1. \ - 699% •' C9 ?.• ? 1_ / ? / ,'? to- s ?; • • ,i ( /i' I . %; 630 G't 652 / ?S' ??:. •o/O 1. •?? .. 41 'It 3tgp? „ Disposal ' ,f,`li '( -; •I • / ?.. I b u ?' • ? it r.•.;?, r,% ? ' ? n ^d ? -_ ' , Err e _Springdale r OR?SeOif ' i?- ?. = Ch ?.^ r;,a 1` \' - l •'!f i?\ 709 ?( \ ?.` Park -,,? 0000! f? 692 FEET j° ?. ° a , -•--? „ ? ?, •. Leo ;' ?? \\ ` / ,. %\? •? 1 \? it ? i rJ l ??-,._., r_ uar / - / - \723 .%• - Sub4tatlon i •Waiter I' 1t O Tank 3387! 4 30" 80°45' r523``,. 11 480 000 FEET -- -- 525 526 42'30" EXPLANATION 2000 1000 0 2000 N * APPROXIMATE SITE LOCATION N APPROXDUTE SCALE IN FEET REF: U.S.G.S. 7.5 MINUTE TOPOGRAPHIC MAP OF MINT HILL, N.C. QUADRANGLE DATED 1971. ? LAW SITE LOCATION MECKLENBURG COUNTY PARK & RECREATION DEPT. ENGINEERING AND ENVIRONMENTAL SERVICES McALPINE CREEK GREENWAY PARK CHARLOTTE. NORTH CAROLINA CHARLOTTE, NORTH CAROLINA fl PREPARED DATE 4IZ5- /97 CHECKE DATE ¢ 97 roe NO. 30100-7-2428 FIGURE 1 BY "k-k a•? Bi- 9?r.5 a i?? aa? a ?i > <g W W z m ig m5s=a? c? = v ? tl g? C t? t N 2 .: ?a ? QQQ 0?>- ? m cxZa .v Wv ?? N F? Z W Z U t 30Z2 W Ja o of ?x o mm z x J OY IL a a WN U S W? N V S W y_? Z W 2 z W YW W 5 Q' 7 N c a W a am r? of o s z to 02 0 LL. V Q Ow F v v U Zx 3 Z O < N O F W O K) m U ?(A .. i O¢ o aa,? m C g cr.w a L ,< a ` ?°? df o W V 1 z - W 0 z aaa wCL z m O?3¢ 41 F- i3 w N cr- -? 0 j n- w z ao W' C-4 ??' } O Z CJ I- * Z _ CL < Q = O v U O z w J Y U W ` 2 J O' p s < D ?< 8 V Wy g z W o °Z `. - az° ?- LLS = W z ? ys W W W V C • 4m ' t W • a. a W • v O ?NSi (V gi- ?? F41N r ? 1 C p < 8 J S ? ?m0 ^VVV ° W inn Of:Ct 16/BZ/iO NOLL33S\8Z*Z\1.661\SBW\OOLOf\S133P0ad\4 _ a LLJ Zo x W F ? y z Dip 0 r o ® 0LLJ < Q Z v ?- w L. U5 00 ., F?Zof.- v 5 CN Lf t O w OJ CL < I?ac=> S Wz? =w WY W ? O 2 ?1k k C t ? H ? U O H2 W? Z< V WW?C Z W W W Oz z Q ? aZO QQII'' W = N S ?`" u\\ Z U r. W ? ?r O W I IL W ^ ? m Y K z0. L) 0. Y V1 = 2 o H M MOW C? wz< ? co cr 1 W 2YW O V Z .-- < m W S J NW MOM N WO2O ?a W Q' H 111 WC A 1 LO/ 56/ 9u IYlIOR \6670 \LOO& \JO? \vv &z \Q"J' vvv \ 3DIION Dngnd V SI SIHl ' UNVRIOM W 4 U r z ZFE u ' HOIH'Z? L99L-119LZ ON (au ?I3NHO xab au Nss?i IKZNaNNOUlARa do AIQ ` ON dH saounOSax gvafl'vR amv SdNQ ON HSZ?i3H ' yNHWNO?iIAN3 30 (. Z66Z00 ODMVS Ss3Nlsn9 iyi:)i33O N 068 L-ZOV8Z VNI10MV:) HIMON 'NOlJNIW11M 068 l X09 *O *d 1 NOIONIWIIM "1DISiSla S33NIJN3 AWSV 'S'n S33NIJN31DISISIG DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF May 8, 1997 Regulatory Branch Action ID No. 199702627 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: ?0 ! Gtr` 9 s? a .9? Enclosed is the application of the Mecklenburg County Parks and Recreation Department for Department of the Army authorization and a State Water Quality Certification to excavate and temporarily stockpile approximately 30,000 cubic yards of accilated sediment including 0.83 acres of marsh wetland from the bottom of an ex&sting 4.7-acre impoundment on an unnamed tributary of Irvins Creek at McAlpine Greenway Park off Monroe Road southeast of Charlotte, Mecklenburg County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance' with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by July 7, 1997, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Steven Lund in our Asheville Regulatory Field office, telephone (704) 271-4857. Sincerely, Robert W. Johns n Office Manager Asheville Regulatory Field Office Enclosure/as Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003 (33 CFR 325) ( Expires October 1996 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1216 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project 10710-00031, Washington, DC 20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproduciblR copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructiorisl and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be retumed. 1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED 11TPUA RF1 OW TD RF Fd / FD RV ARM /CANT 5. APPLICANT'S AC T AUTHORIZED AGENT'S NAME AND TITLE Ian agent is not requited! OUNTY PARK & RECREATION DEPARTME MECKLENBURG MICHAEL A. IAGNOCCO POC: TROY J. FITZSIMMONS PARK PLANNER SENIOR ENVIRONMENTAL SCIENTIST 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 5841 BROOKSHIRE BOULEVARD LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. CHARLOTTE, NORTH CAROLINA 28216-2403 2801 YORKMONT ROAD, SUITE 100- CHARLOTTE, NORTH CAROLINA 28208 7. APPLICANT'S PHONE NOS. W /AREA CODE 10. AGENT'S PHONE NOS. W /AREA CODE a. Residence a. Residence b. Business,. (704) 336-5478 b. Business (704) 357-8600 EXT. 3357 11. STATEMENT OF AUTHORIZATION I hereby authorize, MICHAEL A. IAGNOCCO to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE Ises instructions) r? MCALPINE CREEK GREENWAY PARK C-, 13. NAME OF WATERBODY, IF KNOWN !i1 appiicawe! MCALPINE CREEK GREENWAY PARK FISHING POND/ IRVINS CREEK '5. LOCATION OF PROJECT MECKLENBURG NC COUNTY STATE 14. PROJECT STREET ADDRESS ofappiicausi c 8711 MONROE ROAD c'z.. CHARLOTTE, NORTH CAROLINA. 16. OTHER LOCATION DESCRIPTIONS,. IF KNOWN 11see instructions) SEE FIGURE 1 `7. DIRECTIONS TO THE SITE From Charlotte take I-74 (Independence Boulevard) south for approximately 7 miles; make right onto Sardis Road north; make right onto Monroe Road; park entrance is located off of Monroe Road, approximately 3/4-mile north of the Monroe Road/North Sardis Road intersection from parking lot take footbridge across McAlpine Creek to pond. a toasial"N-ohs vod e-s•n. 41oq io sieeA en1; ueyl eiow iou pauoslidwl io 000'0 L S Ue43 eiow lou peu1; eq lleys 'Ailue io 94 owelels luelnpnei; io snoilga; 'osle; Aue Wei= of ewes Buimowl luawnoop io Bul31im esle; Aue seen io SWIM io suolleiueseidei io siuewe3els iuelnpnei; io snolplaq 'esle; Aug se)lew.io lag; lepoiew a seslnBslP io 'ewayos 'joul Aue do 8ieno0 io '91eeouo0 'se18sle; Alin;Illm pue AlOuimoul seleiS pawn 041;o AoueBe io luauiiiedep Aue ;o uollolpslinf 841 u1474m iouuew Aug u1 'ieneoyM :1e41 sePlAoid too L uolloeS 'O'SYl 8 L pau(ils pue lno p9111; uaeq sey ; l j0olq u1 luewolels 0418 3u9Be pezuo4lne Alnp a Aq peu8ls eq Aew 11 io (iueolldde) A11A113e pesodoid 9143 e?leliepun of aeilsep 04m uosied 9143 Aq pou8ls eq lsnw uollealldde 941 31V0 1N3 d 3af11VNEJIS 31V0 1NVOI1ddV d0 3uniVNJIS d Sz t, G?a1 G - lueoi e ;o luau p uo43ne Alnp 941 se Bu130e we io uleiey pequosep ?lionn 041 e)7ut e 941 ssessod 13841 A;13ieo ie43Jn; 1 einooe pue eieldwoo sl uo13eo1ldde $141 w uohewjo;ul 041 le41 A;1ljeo 1 •uo13eo11p VOM e141 ozuo43ne of sllwie d io wed a I% spew Agei94 sl uolleolidd?y gZ silwied Meld pool; pus Gus 1P11nq 'Buluoz of pelouisei lou s11nq epnloul plnoM. •aTquo?Tddu lou uo?1p3Z??laa3 Toaluoa luam?pas pup uo?soaa !paa?nbaa sl?maad u?uTd poOTJ ON •aanlonals coup paluTn2aa u lou s? mpp puod - H gVOTTddV ZNOM 031N30 31V0 (33A01lddV 31Va 0311ddV 31V0 a38Wf1N N011VOIJUN301 .IVAOUddV 3dA1 AON3E)V . uo13ea11dd?y s141 u1 paquose0 jioM io; sal3u98br leool io 81eiS 'leiapad ieylo woi} peAleOea sle1u80/slenaddV io suo13e01;?iieO i9410 ;o lsn 'SZ SOT8Z ON `FinagglvK LZZ8Z ON `alloTaugO i?luno0 2anqu9TN39y1 puog 99x341 SZOZ ppog TOOgaS uTvq £08TT Aq pauMo Alaadoad Su?u?umag 4492JBH •V•a pappooM •H•Q :sMOTTOJ su 'muaalsuMOp ATalu?pamm? p93POOT saaUmo Alaadoad go 4STq '(1s11 leluawolddns a 43eAe eseeld 'ai84 paielue aq ue0 u841 aiow 11) ApogieleM 841 sulofpV Miedoid eso4M •013 'saessel 'siaunAO Aliedoid BululofpV ;o sassaippV {,Z, puod xapd Aauno0 Agauau aaglo of qs?j aluooTaa pup aanlduz of uo?luaado 9u?u?Pap aql ?u?anp appm aaaM siaojjg •xaaa0 au?dTV3K JO Aaplnq?al p 'Naaa0 su?eai Ol iTloaa?p sa9apg3s?p ad?d TTV31no aq1 •2u?u?uap alp3?T?3p3 of puod aql go pua uaalsuaglaou aql lp paTTplsu? sum ad?d TTu91no uV •pau?uap ATluaoaa uaaq suq `•S•II agl 3o aaluM Tuuo?Io?p?sanC u puod aaou-L-t alum?xoaddu aqs NMOM 03131dW00 31-11 381U:)S30 'S3A dl ON X soA ZoleldwoO Ape9ilV )lioM 9143;o uoiliod Aub sI 'Ez ZHHHS QaHOVZZV aH rna+On4sn-I p91113 sieleM i0410 io spuel10M;0 seioV u1 eeiV eoeunS -ZZ •£ aan ?3 uo paluasaa s? puo aqa g noagl uo?loas TpO?dll V •mol?oq.puod aql moaj panomaa aq TTTM luam?pas/AUTo 30 spaRA o? qnO 00010£ Palpm?lsa uV •uaau aaluM aoujans pup sgldap Isuo?suam?p Tpu?3?aO sl? of paaoisaa aq TTTM puod aqy spie k o1gno u1 edAl 4ae3 10 3unowV 041 Pus pa8ieyos10 Bu1e8 leueleyy ;o (s)adAl - LZ •uo?luaa o !?u?2paap/suo?lpnou9a puod pasodoad aql Aq palopdm? aq TTTM ?Aa'epunoq puod Tpu?3?ao aql u?glTM pazTTpanquu ATluaoaa suq lugl 'uaau pUVT49M TuuoTlo?ps?an[ go aa0U-£8.0 ATalpm?xoaddv ?aan8MO1j :puuTlaM u olu? TvTJ alum TTTJ ao/puu pa4aap ?o a2apg3s?p aql anTonu? lou saop loaCoad aqy e8ieyas10 JO; (s)uoseea '0Z 03 kfVHO 10 38 Ol I IVIU31VW 1113 d NV (13003U(3:11 ?.:. IHaHS QSHOV11V MS iwoomasu/ on li-Wa d eqi io -odmd m v- mqi .w-sai esodind laefoid -61, IHHHS QHHOV11V HHS (so M"I /M evoIx> !a./oid IQ uo/Jdynea) A31A!loV 10 9inleN -8 l I ,., LL /. II ?/ lo, ', lit! r r,' ,1 i,? ! ?!!r ) 3156. I ,? ,? 1? w sac H::. ae91 I.. ? _ f/? , •? + • J. o??( ?; 699 C. 691 ?M eel 630 t 652 ? i Qi gl,•o ` f 1. r1?" 'ir \ `r 3i6a?-? ,.•\t \, _ _,\• All "6ff ? . -.._._ ? ,? _.- ? 1 i t ?? y'NS /^ ?. ? ` ^\ rte, ;`\ ?? • _ I,? : ,1- t , -\' ? ,en? ?2 Q ,C2 t a. 1 ` o 3165 3889 o° ' f I ?R set ov ' ' J? _ ` ' l? i i ? ° ?• «SVr ?\ 00001.\?. ` Park, FEET o •t. 692 3469 ?• J 3(68 3888 _\ 72J / i Su6statiofb t 174 o Via ter Sag] To nTi' 3011 80°45' 523 11480000?FEET ' 525 $26 42'30" ^'oN' WAD. ? EXPLANATION c 2000 1000 0 2000 co * APPROXIMATE SITE LOCATION r N APPROXDUTE SCALE IN IW It, REF: U.S.G.S. 7.5 MINUTE TOPOGRAPHIC MAP OF MINT HILL, N.C. OUADRANGLE DATED 1971. S r SITE LOCATION LAW MECKLENBURG COUNTY PARK do RECREATION DEPT. v ENGINEERING AND ENVIRONMENTAL SERVICES McALPINE CREEK GREENWAY PARK CHARLOTTE, NORTH CAROLINA CHARLOTTE, NORTH CAROLINA BY PREP ARED 7DATE#4`ZS'97 CHEIE DATE 4,5 9'1 roe No. 30100-7-2428 FlGURE 1 kk-k ?U, 2? z V U CL 0 z?3Jl?i<? d • v f 8 ;' tll 4 ~ N ? n' W ?. z z z =U>- a m(x 3 N W U z} `.. F- tr Z N W Z U It 30ZO N cU a 4c M, o W M K J OY a: w I z s ? a a WN?y 'S 1.5 U 1 W IOU I5? W Oz zo z? W Z,3 3 W Ll-C6 N 00 o a < OW FW W V? 3 Oz -jo O <lU?i F m O < tn< woo ?? a .)< V W r c- N < O 0 ci °a m? w 8 8 `n s? 41 V V F 8 g a • In a w 0 z O Y aaa waz J ?w 3 Q ? w U CL Y Z ? w co N V D U N V Z C n ~ ? Q = O U Z o M W J Y U W M O z a a 0 N II a U N 5 a z o J ? I U Wyy 5 4 W W z U ? 2 2 z 0 W d z T W a D U Z ?ZpZ??O?i F la/1N v?W ? to a W M a "o 1- z d a<% 4! W >O<O OMW 3 Q Lzj m ti Y W ii 4) J X -Q 0 O t4- 00 V ti Z dN' i ?V m? V N ? U Z w O '= C7 CL Q O >. IX O cc O V O Wz? re) J CA Y M U W ? O 2 W U NJJ< ® Fa ZW O p V WY Z W W Tt3 OZ Z p vr+ 1A W 2 T aLj W O W am WY? N Z2 ~VF j u ifs N MM K TI L6/4Z/*O 1VIISH\SZ*Z\/661\S80P\OOIOC\S133'OMd\:f