HomeMy WebLinkAbout19990200 Ver 1_COMPLETE FILE_19990304State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
A 4 ? •
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NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 4, 1999
Mecklenburg County
DWQ Project # 990200
APPROVAL of 401 Water Quality Certification
Ms. Tracy Haynie, Stomwater Services
City of Charlotte
600 E. Fourth Street
Charlotte, NC 28202
Dear Ms. Haynie:
You have our approval, in accordance with the attached conditions, to dredge, stabilize and upgrade road culverts in
260 feet of streams for the purpose of stabilizing streambanks and reducing flooding, as you described in your application
dated March 1, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Numbers 3127, 3102 and 3108. These Certifications allow you to use Nationwide Permit Numbers 3, 13
and 26 when the Corps of Engineers issues them. 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. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
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 send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. 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). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided 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. 276 1 1-7447. 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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
Si ly,
T. Stevens
990200.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 9 50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact: Michael L. Parker
Non-Discharge Branch WQ Supervisor: Bex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name City of Charlotte - Stormwater
Project Number 99 0200
Recvd From APP
Received Date 3/4/99 Recvd By Region
Project Type Storm drainage
County Mecklenburg
County2
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
7 _3 ? O _*N I 1-137-9-5 ?? 30,834.
i 13 F-O YO N F- F-???r? r
26 FT-0-
Y O N I-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? O Y 0 N
Is Mitigation required? O Y 0 N Recommendation: OQ Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 350557 Longitude (ddmmss) 805045
Comments:
The City of Charlotte Stormwater Services (CSWS) has requested approval to provide channel
improvements to a U. T. to McMullen Creek off Carmel Forest Drive in Charlotte. The improvements
are necessary to alleviate residential flooding damage and channel erosion. The improvements will
involve the replacement of four existing, undersized road culverts, 180 linear feet of channel
stabilization, and 80 linear feet of channel widening. Live staking of the channel banks with silky
dogwood will provide vegetative bank stabilization. Based on
field observations, channel stabilization and culvert resizing is needed in this area. Approval of the
401 is recommended,
cc: Regional Office
Central Office Page Number 1
Charloffe•Mocklenhurg
STORM
WATER
Services -V
March 1, 1999
Mr. John Dorney
NC Department of Environment and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27626-0535
D u_ sU
MAR 41?9?
Ili W" 11? I T
RECEIVED
Re: Pre-Construction Notification for Carmel Forest Drive Area Storm Drainage
Improvements Project
Certified Mail No.: P 411 363 077
Dear Mr. Dorney:
Enclosed are seven copies of the above referenced Pre-Construction Notification Application and
a check in the amount of $475.00 to cover the fee for a Major Water Quality Certification.
Please review this information for concurrence to use the general water quality certification for
Nationwide Permit No. 3, 13, and 26. If you have any questions or concerns, please contact me
at (704) 336-4121.
Respectfully submitted,
lJ,?
Tracy Haynie
Project Manager
c: Julie Stahl
File
To report drainage problems: 336-RAIN
Printed on recycled paper.
R.
Charlolte•Mecklenhurg
STORM
WATER.
Services
March 1, 1999
Mr. Steven Lund, PE
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Re: Carmel Forest Drive Area
Storm Drainage Improvement Project
City of Charlotte, North Carolina
Certified Mail P 411 363 068
Dear Mr. Lund:
WETL lND ? SECpI(?Fv
Please accept this letter and the attached information as our application for a Nationwide General
Permit and 401 certification for improvements to an unnamed stream in the Carmel Forest Drive
Area of the City of Charlotte, North Carolina.
The City of Charlotte has an ongoing obligation to its citizens to minimize or eliminate damage
to property from flooding and erosion of streams within its boundaries. The Carmel Forest
Drive Area is currently experiencing erosion, street flooding with each significant rainfall event,
and some crawl space flooding during extraordinary rainfall events. Without the proposed
improvements, flooding and erosion will continue to be a problem with resulting damage to
public and personal property and continued degradation of the stream environment.
The intent of the Carmel Forest Drive Area Storm Drainage Improvement Project, as discussed
with you onsite on December 18, 1998, is to eliminate flooding of streets and homes through the
construction of properly sized storm drainage conveyance facilities; and, to stabilize streambanks
to eliminate channel erosion. The project involves approximately 260 LF of channel
improvements and the replacement of four culverts. Further break down of the impacts is as
follows:
Excavation:
Channel Stabilization
Channel Widening
Other:
Inlet/Outlet Protection at
Culvert Replacements
180 LF 0.016 Ac.
80 LF 0.007 Ac.
135 LF
NWP 13
NWP 26
NWP3
To report drainage problems: 336-RAIN
Mr. Steven Lund, PE
March 1, 1999
Page 2
The project as designed has as one of its primary goals the minimizing of impacts to the stream
environment. The use of rip-rap was limited to the entrance/exit of the replacement culverts.
These locations utilize the full rip-rap treatment due to the highly erosive velocities and
turbulence generated at these locations. Efforts to minimize the impact of the proposed
improvements on the environment are demonstrated by live staking the channel banks above the
mean high water mark and the selective removal of trees to maintain riparian cover.
We believe that this project will minimize any permanent impacts to the natural urban stream
environment; and, will actually enhance the environment.
If you have any questions or comments that can be addressed over the telephone, please do not
hesitate to contact me at (704) 336-4121.
Very truly yours,
Tracy Haynie
Project Manager
cc: John Dorney, NCDEHNR Water Quality Division
Gerald McCauley, HDR Engineering
Julie Stahl, Charlotte Storm Water Services
r
DEM ID: CORPS ACTION ID:
1 :{ 6
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 3, 13, &
---
PRE-CONSTRUCTION NOTIFICATION APPLICATION
°y,
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE N.C. DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
F THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT
TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT.
1. OWNERS NAME: Citv of Charlotte - Attn: Tracv Havnie. Storm Water
2. MAILING ADDRESS: 600 E. Fourth Street
SUBDIVISION NAME:
CITY: Charlotte STATE: North Carolina ZIP CODE: 28202
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Carmel Forest Drive off Carmel Road in the southeast area of Charlotte
TELEPHONE NUMBER (HOME):
(WORK): (704) 336-4121
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: Same as above
LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Mecklenburg NEAREST TOWN OR CITY: Charlotte, NC
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Headine south on Carmel
Road, make a right on Carmel Forest Drive. The main channel runs through the middle of Carmel Forest
Drive (a circular street) and has three culvert crossings, one of which is a private driveway. A tributary
branches off to the north of the main channel and also has a culvert crossing on Carmel Forest Drive.
IMPACTED OR NEAREST S
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL S 1TW4
QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW)AT
OR WS-II)? YES ? NOW IF YES, EXPLAIN:
7b
7c
IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO 5d
IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ? NO X IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT
AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): _
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES ? NO 9 IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A; This project consists of mainly
neighborhood channel and culvert work.
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.30 acres
of stream.
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION: 0.023 acres
FLOODING: OTHER:
DRAINAGE:
TOTAL ACRES TO BE IMPACTED: 0.023 acres
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 1750 LF / 80 LF to be widened FT. AFTER: 1750 FT.
WIDTH BEFORE (based on normal high water contours): 7.5' (ava.) / 3.0'(80 LF section to be widened) FT.
WIDTH AFTER: 7.5 FT.
AVERAGE DEPTH BEFORE: 1.8 FT. AFTER: 1.8 FT.
2
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALIT THAT APPLY)
p,
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE 1N`'t ANNEL:
CHANNEL EXCAVATION: X CONSTRUCTION
OTHER:
L---v a
OF A DAM/FLOODIAt115
ii. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8%2" X 11" DRAWINGS ONLY): The following proposed
improvements were discussed with Steve Lund of the USACOE on a field visit to this project site on
December 18,1998. The main channel, approximately 1750 linear feet, has two sections that need to be
cleaned out. The upstream most portion of the main channel (approximately 100 linear feet and a non-
jurisdictional storm water channel) will have debris and sediment buildup removed (see pictures 1 & 2).
_
Another section of the main channel, approximately 80 linear feet, has also silted in and will be widened to
match the width of the channel upstream and downstream in order to convey he 2 year design storm (see
pictures 3 & 4). This 80 foot section will have the banks laid back at a 1.5:1 slope and the banks will be
seeded. Portions of the main channel (approximately 400 linear feet) will be live staked with silky dogwoods
and silky willows above the mean high water mark to help stabilize the channel banks. Tributary No. 1,
approximately 180 linear feet, runs between two houses and has vertical banks with severe erosion in some
areas (see pictures 5 & 6). It is proposed to lay the banks back at a 1.5:1 slope and seed the banks. The
bottom of the channel will not be disturbed in this location. In addition to the channel work, four existing
culverts will be replaced to convey the 25 year design storm. A total of 205 linear feet of rip rap, 70 feet of
which is to be located in the non-jurisdictional storm water channel of Tributary No. 1, will be placed at the
four culverts for inlet and outlet protection only. New vegetation will be planted at the top of bank on the
downstream end of culvert 2 to serve as a buffer near a plunge pool (to remain) and to help stabilize the,
channel banks. Approximately 75 linear feet of rip rap exists in the main channel downstream of the
z
:a
13. PURPOSE OF PROPOSED WORK: To alleviate street flooding and minimize erosion.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): The cause
of street flooding is an inadequately sized storm drainage system. The open channels in the project area are an
integral part of the storm drainage system. Impacts will be minimized by limiting the channel excavation to
260 LF. Only 80 LF of channel bottom will actually be excavated. Planting (live staking) of the channel will
enhance the riparian habitat and will help to minimize erosion.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF 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. DATE CONTACTED (ATTACH RESPONSES
FROM THESE AGENCIES.): See attached copy of receipt for certified mail.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
(SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN
THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: See attached copy of receipt for certified mail.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND?
YES K NO ? (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT?
YES ? NO 181
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES ? NO ?
4
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENT N FROM TH AT I
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMEN AIiII?1G
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLIO, CT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS S,140-Utb B$`,, ?
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29 AND
38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE
SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH
EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORM WATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Mostly residential with some
commercial upstream.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM.
9"/-x A a-)I?'? D3oI99
OWNER'S/ T'S S ATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
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PICTURE #2
Looking downstream channel at top
of watershed. Channel is full of silt.
This storm water
silt and debris th,
be removed to co
year storm. It fle
backyards that ar
and should be me
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needs to
vey the 2
rs through
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e defined.
100 LF OF STORM WATER CHANNEL TO BE CLEANED
PICTURE #3
Looking downstream toward
private driveway crossing
(culvert 2). This picture
shows the channel narrowing
as it flows downsteam.
PICTURE #4
This picture shows
ditch section to be widened.
Compare to Picture #3.
80 LF OF CHANNEL TO BE WIDENED
TRIBUTARY NO.
Looking downstream towards
the intersection with the main
channel. Notice proximity of
the house to the channel.
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toward culvert
the non-jurisdii
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North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
January 20, 1999
Tracy Haynie
Project Manager
Charlotte-Mecklenburg Storm Water Services
600 East Fourth Street
Charlotte NC 28202-2844
Re: Carmel Forest Drive area storm drainage
improvement project, Charlotte, Mecklenburg
County, ER 99-8049
Dear Ms. Haynie:
Division of Archives and History
Jeffrey J. Crow, Director
Thank you for your letter of January 6, 1999, 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
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