20180307 Ver 4_Major Variance_20191209

Water Resources
oNm
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
E-FORM VAR 10-2018
Submittal Application dated 12/9/2019
A. General Project Information
For instructions on how to fill out this form, see the Major and Minor Variance Help Document posted on DWR's 401 & Buffer
Permitting page.
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions
are answered.
1a. Is this a transportation r Yes
project?* r No
B. Please Identify Which Riparian Area Protection Rule Applies:
1. Type of Variance: r Major Variance
r Minor Variance
Link to the 401 and Buffer Permitting Statues and Rules: https://deq.nc.gov/about/divisions/water-resources/water-resources-rules/401-
certification-express-review -statutes-rules-guides
f Neuse River Basin (15A NCAC 02B.0233)
f Randleman Lake Watershed (15A NCAC 0213.0250)
f Tar -Pamlico River Basin (15A NCAC 026.0259)
f Jordan Lake Watershed (15A NCAC 02B.0267)
r Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
C. Applicant/Owner Information
Who is submitting the application:*
Primary Contact:
Primary Contact Email
F- Owner
F
Applicant other than
Owner
W Agent
Check all that apply.
Omar Khan
This is for who should be notified if a payrrent is required.
[e-mail]
1. Property Owner:
1 a. Name: * Jeffrey McClanahan
1 b. Title: Project Manager

1c. Mailing Address:* Street Address
5100 Brookshire Boulevard
Address Line 2
City
State / Province / Region
Charlotte
NC
Fbstal / Zip Code
Country
28216-3371
US
1d. Telephone:* 704-336-1040
le. Email Address:* [e-mail]
3. Agent Information:
3a. Name:* Omar Khan
3b. Company Affiliation:* GHD
3c. Mailing Address:* Street Address
222 South Church Street
Address Line 2
City
State / Province / R pion
Charlotte
NC
Fbstal / Zip Code
Country
28202
USA
3d.Telephone:* 9802218042
3e. Email Address:* [e-mail]
3f. Attach an agent authorization form.*
Click the upload button or drag and drop files here to attach docurrent
Agent Authorization Form - Signed.pdf 36.63KB
FDF Only
D. Project Information
1. Project Name:*
2. County(ies)*
Mecklenburg
3. Property Location:
................................................................................
3a. Property Address:*
Stevens Creek Trunk Sewer -Phase 2
(Subdivision, facility, or establishment narre)
n

Street Address
5820 Joli Cheval Lane
Address Line 2
City
Mint Hill
Fbstal / Zip Code
28227
3b. Latitude:
35.1559534
State / Rovince / Fbgion
NC
Country
US
3c. Longitude:
-80.65439800000001
3d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site.
Oickthe upload button or drag and drop files here to attach document
Mint Hill Topo.pdf 210.18KB
FDF Only
* USGS Topo look up
3e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site.
Oickthe upload button or drag and drop files here to attach document
Stevens Creek P2 Soil Map.pdf 981.15KB
FDF only
Link to Soil Surveys for North Carolina Counties. (Please see instructions in the Help Document to determine the most recent
published version.)
4. Property Information:
4a. Parcel Identification Number (PIN)
19507103
19507114
19507368
19507395
19505131
19505188
4b. Date Property Purchased:
10/09/2004
rmldd/yyyy
4c. Type Book# Page#
of Book IF
Deed
Map
A
4d. Attach a copy of the recorded map that indicates when the lot was last platted.

Click the upload button or drag and drop files here to attach docurrent
FDF Only
4e. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?*
C Yes (-- No
4f. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
C Yes r No r Unknown
4i. Directions to site from nearest major intersection:*
Exiting off of the 485 take Lawyers North, make a left on Bain Farms Road, then make a right on Joli Cheval Rd.
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
6. Goose Creek Only: Is the buffer in the 100-year floodplain?
C Yes r No
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied Date Received Permit Type
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose:*
This project consists of approximately 5,000 linear feet of new gravity sewer to expand sanitary sewer service in Mint
Hill.
2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach docurrent
111-44299 - STEVENS CREEK PHASE 2.pdf 14.41 MB
FDF only
** Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq.nc.gov/WaterResources/O/doc/402224/Pagel.aspx
F. Proposed Impacts and Mitigation Information
........................................................................................................................................................................................................................................................................................................................................................................................................................................................
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
1 a. Site# - Reason 1 b. Buffer 1 c. Stream Name 1 d. Mitigation 1 f. Zone 1 1 g. Zone 2
Impact* Required?
Clearing Temporary
Temporary
Goose Creek
No
128,791.00
0.00
Easeement
(T)
Square Feet
Square Feet
Nbp label (e.g. Fbad Crossing 1)

Clearing/Excavation -
Temporary
Goose Creek
No
107,866.00
0.00
Permanent easement
(T)
Square Feet
Square Feet
Ivbp label (e.g. Fbad Crossing 1)
Clearing - Permanent
Permanent
Goose Creek
Yes
53,922.00
0.00
Maintenance Corridor (10')
(P)
Square Feet
Square Feet
Map label (e.g. Finad Crossing 1)
N/A Temporary N/a No 0.00 0.00
Ivbp label (e.g. Finad Crossing 1) (T) Square Feet Square Feet
1 h. Total Zone 1 Impacts: 290,57
9.00
1 i. Total Zone 2 Impacts: 0.00
1j. Total Buffer Impacts: 290,57
9.00
1 k. Comments:
Temporary clearing easement and permanent easement will be restored to conditions prior to mobilization. The
maintenance corridor will be seeded after construction.
Calculated Mitigation
11. Goose Creek Only
Total Impact Multiplier Required Mitigation
53,922.00
3
161,766.00
Square Feet
Square Feet
2. Mitigation Information
2a. What is the mitigation plan proposed for this project?
r Payment to private mitigation bank
r1 Payment to Division of Mitigation (DMS)
r Permittee responsible mitigation
2e. Attach your reservation letter from DMS.*
Click the upload button or drag and drop files here to attach document
2019-11-13 Stevens Creek Trunk Sewer Phase 2
105.48KB
Conditional Acceptance.pdf
R7F Cnly
2f. Comments:
G. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re-
planting vegetation or enhancement of existing vegetation, gutter splash pads, level spreader to control of
runoff from impervious surfaces, etc.).*
Areas disturbed by the construction will be replanted to conditions prior to mobilization with the exception of the 10'
maintenance corridor. This area will be seeded with the appropriate mix for the area. In addition, the project contacts
rock dams and diversion ditches to responsibly manage stormwater.
n
n

2. Show the location of diffuse flow measure(s) on your site plan.
Oickthe upload button or drag and drop files here to attach document
FDF only
3. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for
each proposed measure.
dick the upload button or drag and drop files here to attach documnt
FDF Only
4. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
Oickthe upload button or drag and drop files here to attach document
FDF Only
5. For Major, Catawba, and Goose Creek variance requests
5a. Provide a description of all best management practices (BMPs) that will be used to minimize disturbance and
control the discharge of nutrients and sediments from stormwater.*
The project contains silt fences, diversion ditches and stone check dams which will help during the construction of
the sewer. In addition, replanting native species within the temp/perm easement after construction within the affected
areas will also help.
5b. Show the location of BM Ps on your site plan.
Oickthe upload button or drag and drop files here to attach document
FDF only
5c. Attach a Supplement Form for each structural BMP proposed.
Click the upload button or drag and drop files here to attach documnt
FDF only
5d. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
Oickthe upload button or drag and drop files here to attach document
FDF only
H. Demonstration of Need for a Variance ^
The variance provision of the riparian buffer rules allows the Division or the Environmental iVbnagerrent Conrrission to grant a variance when there are practical difficulties or
unnecessary hardships that prevent corrpliance with the strict letter of riparian buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a
reasonable return from or make reasonable use of your property. Merely proving that the variance would permit
a greater profit from the property shall not be considered adequate justification for a variance. The Division will
consider whether the variance is the minimum possible deviation from the terms of the applicable Buffer Rule
that shall make reasonable use of the property possible.*
We are seeking a variance for a rule stated under 15A NCAC 0213.0607, Page 5, Non -electric utility lines with impacts
other than perpendicular crossings, Stated as "Wastewater collection system utility lines and lift station lines may
impact the riparian zone if both gravity and force main collections systems are made of ductile iron and 50% of the
collection system is cleaned annually."We are requesting the requirement for ductile iron pipe be waived for in favor
of PVC, AWWA C900, Pressure Class 165 psi, DR25 as an equal to ductile iron pipe. Ductile iron pipe will be used at
stream crossings, locations within 50' of wetlands, and where pipe cover exceeds 20'. DIP will also extend 10' on
either side of the crossing or to the first manhole. A total of 0 stream crossings are included as part of this variance
request. Plans showing locations with material designations listed and specifications for sewer system have been
included as part of this variance request. Also note that all pipe and manholes are subject to leakage testing to
ensure the system is watertight. A specification for leakage testing has been included in with this application. The
sewer line consists of 4935' of sewer pipe with 653' of DIP and 4282' of PVC pipe. This project will utilize a 40' wide
construction corridor. A 10' wide permanent maintenance corridor will be maintained following the project.
2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors
such as deed restrictions or other hardships (e.g. zoning setbacks, floodplains, etc).*

We believe the circumstances under which the project is being completed are unique since this is the second phase
of the Stevens Creek Sanitary Sewer project. Development and sewer access to new and existing properties in the
surrounding area is dependent on the completion of this project. Easement acquisition has been coordinated with
several properties owned by one owner. Appropriate coordination efforts will need to be underway for connecting in
to the existing sewer and responsibly decommissioning the existing pump stations. Coordinating open cut, MOT and
ESC efforts with RW authorities has been coordinated Since the project is connecting to an existing system the
alignment is relatively fixed. These hardships have been taken into consideration when designing this project.
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable
Buffer Rule.*
The property upstream of Stevens Creek Tributary is a challenging location due to developed private property along
with steeper slopes ad hills. Moving uphill to the buffer line away from the creek to construct the sewer line creates a
situation where the depth makes installation cost prohibitive due to shoring and rock removal required to make
installation The pipe centerline is currently 25 to 150 feet away from the top of bank with depths above 18 feet in
some locations. It would be financially unfeasible to construct the sewer outside the buffer area.
4. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography,
which is different form that of neighboring property.*
No rules 02T rules have been violated and we started working with NCDEQ in November of 2017 during the Phase 1
project for guidance on the buffer rules and variance requirements.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that
are widespread.*
This project is unique in that existing gravity sewer main is already in existence and will be reused as part of this
project. This allows for an overall reduction in clearing and excavation. Additionally this project will connect to the
Phase 1 portion of the project which is currently in construction. Removal of two existing pump stations will reduce
maintenance and potential risks within the Stevens Creek Basin.
For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only:
6. Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request
a variance?*
Charlotte Water does not own the property in question but has a permanent and temporary easement for the
construction and maintenance of the sewer line. Easements have been purchased and were acquired after the
effective date of the buffer rule.
I. Sign and Submit
Deed Restrictions
By your signature of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded
drainage easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence
from the State, and that the easements will be recorded prior to the sale of any lot.
Applicant's Certification
I, certify that the information included on this permit application form is correct, that the project will be constructed in conformance with
the approved plans and that the deed restrictions will be recorded with all required permit conditions.
* 17 By checking the box and signing the box below I certify that:
By digitally signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act')
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND

o I intend to electronically sign and submit this form.
Print Name:* Omar Khan
Signature *
Submission Date: Automatically filled in

Initial Review
Is the project accepted rJ Yes r- No
for review?*
Is the project located r Yes r No r Unknown
within a NC DCM Area
of Environmental
Concern (AEC)?*
Is this a public -funded r Yes r No
transportation
project?*
ID#* 20180307
Version* 4
Reviewing Office* Raleigh Regional Office - [phone]
Select Reviewer* Paul Wojoski:EADS\pawojoski
Has payment been r No Payment Needed
received?* r Fee Received
r Need Fee- send electronic notification

ROY COOPER
Governor
MiCHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Dkecmr
Amy Vershel
Charlotte Water
5100 Brookshire Blvd
Charlotte, NC 28216
NORTH CAROLINA
Environmental QuaW
November 13, 2019
Expiration of Acceptance: 5/13/2020
Project: Stevens Creek Trunk Sewer Phase 2 County: Mecklenburg
This is a conditional acceptance letter.
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location Impact Type Impact Quantity
[8-d1
9it HUCi
Yadkin 030440105 Non -Riparian Wetland* 0.229
Yadkin Goose Creek Riparian Buffer 53,922
*Non -riparian wetland credit is not available in this service area. In accordance with the directive
from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountains and
piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian
wetland mitigation credits. Upon receipt of payment, DMS will take responsibility for providing the
compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program
instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the
DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact
Kelly Williams at [phone].
Sincerely,
Ja es. Stanfill
Ass anagement Supervisor
cc: Omar Kahn, agent
rt
North Carolina Department of Enwommntal Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-16S2
919.707.8976

AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO.
See attached PLAN NO.
STREET ADDRESS: See Attached
Please print:
Property Owner:
See attached
PARCEL ID:
The undersigned, registered property owners of the above noted property, do hereby authorize
Omar Khan , of
(Contractor / Agent)
GHD Consulting Services, Inc
(Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance
of this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
5100 Brookshire Blvd, Charlotte NC 28216
Telephone: 7u-33R-i uo
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.

530500
35o 10' 14" N Q5�
b5
35o 8' 49" N
Soil Map —Mecklenburg County, North Carolina
(Stevens Creek Phase 2 Project Area)
5308M 531100 531400 531700
530500 530800 531100 531400 531700
m
Map Scale: 1:12,700 if printed on A portrait (8.5" x 11") sheet.
Meters
$ N 0 150 300 E00 900
Feet
0 500 1000 2000 3000
Map projection: Web Mercator Conermordinates: WGS84 Edge tics: lfrM Zone 17N WGS84
USDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
532000
532000
a
532300
Q5 35o 10' 14" N
b5
1
35o 8'49" N
532300
a
m
12/3/2019
Pagel of 3

MAP LEGEND
Area of Interest (AOI)
0
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special
Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
0
Landfill
A.
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
o
Sodic Spot
Soil Map —Mecklenburg County, North Carolina
(Stevens Creek Phase 2 Project Area)
MAP INFORMATION
Spoil Area
The soil surveys that comprise your AOI were mapped at
1:24,000.
Stony Spot
th
Very Stony Spot
Warning: Soil Map may not be valid at this scale.
Wet Spot
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
4�
Other
line placement. The maps do not show the small areas of
Special Line Features
contrasting soils that could have been shown at a more detailed
scale.
Water Features
Streams and Canals
Please rely on the bar scale on each map sheet for map
measurements.
Transportation
—
Rails
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
. 0
Interstate Highways
Coordinate System: Web Mercator (EPSG:3857)
US Routes
Maps from the Web Soil Survey are based on the Web Mercator
Major Roads
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Local Roads
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
Background
Aerial Photography
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Mecklenburg County, North Carolina
Survey Area Data: Version 18, Sep 16, 2019
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Jul 18, 2011—Nov
25, 2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
USDA Natural Resources Web Soil Survey 12/3/2019
Conservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map —Mecklenburg County, North Carolina
Stevens Creek Phase 2 Project Area
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
CeB2
Cecil sandy clay loam, 2 to 8
697.7
80.9%
percent slopes, moderately
eroded
CeD2
Cecil sandy clay loam, 8 to 15
44.4
5.2%
percent slopes, moderately
eroded
HeB
Helena sandy loam, 2 to 8
59.0
6.8%
percent slopes
MeB
Mecklenburg fine sandy loam,
11.8
1.4%
2 to 8 percent slopes
MO
Monacan loam, 0 to 2 percent
46.0
5.3%
slopes, frequently flooded
PaE
Pacolet sandy loam, 15 to 25
3.8
0.4%
percent slopes
W
Water
0.1
0.0%
Totals for Area of Interest
862.8
100.0%
USDA Natural Resources Web Soil Survey 12/3/2019
Conservation Service National Cooperative Soil Survey Page 3 of 3

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